Month: April 2012

Report Paints One Administrator in Favorable Light – Ironically at the Center of Controversy Last Year

castro_griseldaIn a sweeping irony on a number of fronts, the administrator who emerges from the pepper-spray debacle looking the best is Assistant Vice Chancellor Griselda Castro.  The would-be hero was ultimately unable to prevail upon the Leadership Team, in terms of determining the actual make-up of the Occupiers, composed almost entirely of students, and ultimately her pleas for patience were disregarded.

This is greatly ironic because a year ago at this time, Griselda Castro was having to explain to the public the function of the Activism Response Team, the very team that students and civil rights were decrying in fear of infiltration.

Council Candidates’ Views on Crown Castle

Council-Race-2012

On Tuesday we had an opportunity to watch the council continue to struggle with a site-by-site assessment for how to deal with Crown Castle.  Not only do we have the views of the three incumbents, but both Lucas Frerichs and Brett Lee made public comments laying out their views.

We know where the councilmembers stand on this.  Dan Wolk was alone in being willing to say a flat no, arguing that the legal basis is more gray than the city attorney and others are arguing.  Neither Sue Greenwald nor Stephen Souza were particularly happy to support this process, but both felt in general it was the wisest course of action.

Sunday Commentary: No Whitewash – Give UC Credit For An Honest and Frank Assessment

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When I interviewed the students and ACLU Attorney Michael Risher about why they chose to file their lawsuit before the external review was complete, the simplest answer I could get from any of them was they were not expecting anything to come of the review process.

David Buscho was not hopeful that the investigation would yield the kinds of findings he saw as needed, but he said, “I think now that a reputable organization like the ACLU is here [and] is involved in representing the interests of the students, I think that now we can actually say that [the university will move in the right direction to rectify the situation].”

Council Preliminarily Votes to Give Next Council a Raise

Council-new.jpgIs this the right time to give the Davis City Council a raise for the first time in twelve years?  In the next four months we will hear buzzwords like shared sacrifice coming from the council, as they ask city employees to take pay cuts and pay more of their retirement pensions, but three members of the council still believed this was the correct time in which to vote a raise that will take effect after the next council is seated.

The council also voted 4-1 to make changes in their health care plans that they will believe will ultimately save the city a modest amount of money, allowing the councilmembers to exercise a deferred cash-out plan of $500 per month rather than taking the more expensive full health care plan.  (Details of both proposals can be read in this article from last week.)

Unlawful Arrests at the Core of the Failed Quad Operation November 18

Pepper-spray

One of the critical questions raised by the Kroll Report and the subsequent Reynoso/Task Force Review is the legal authority for the police to remove the tents and therefore arrest the protesters.  This is far from an academic exercise.  Without the legal authority to remove the protesters, the protesters in essence broke no laws, and without the breaking of laws the arrests were unlawful and any resistance would be permissible under the law.

As the Kroll investigators note, “Without the legal authority to demand that the tents be removed, the police lose the legal authority for much of what subsequently transpired on November 18, including the issuance of an order to disperse and the declaration of an unlawful assembly.”

Chancellor Katehi’s Brief Window to Act

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Chancellor Linda Katehi perhaps has a brief window of time to act in order to save her job and in order to take advantage of the consensus for change, despite the vote of confidence she received from Cruz Reynoso on Thursday.

On Friday, Chancellor Katehi acknowledged the problems that the campus faces in a statement, “The Reynoso task force report illuminated clearly and sharply the need for major reform of campus police operations and better coordination, collaboration and communication within the UC Davis administration and with the broader university community.”

Vanguard Analysis: Police Chief’s Failure to Lead Evident in Report

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Davis Police Chief Annette Spicuzza was played on paid administrative leave shortly after the pepper spray incident went down on November 18, 2011.  The question now is what will happen to her.

The Chief played a critical role as the primary individual who served as the leadership team’s link to the UC Davis Police Department.

City Council Candidates Respond to Vanguard Question on Budget

Council-Race-2012

Every Friday between now and the election, the candidates for Davis City Council will be asked to respond to one hard-hitting Vanguard question on the issues that matter to Davis, or at least to the Vanguard.

Last week the council candidates were given a question on Monday and asked to respond by midnight this morning. For next week, they were given the question this morning, by request of one of the candidates who preferred to have the weekend to work on the answer.

Students See Linkage Between Pepper Spray Incident and Bank Blocking Prosecution

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Six of the 12 students facing charges for bank blocking in the Memorial Union were either pepper sprayed or arrested on November 18, according to one protester involved in both incidents.  By itself, this could simply mean that the same people involved in the bank-blocking incident were heavily involved in the November 18 protests.

The students, however, believe otherwise, that the bank-blocking prosecution is simply an extension of the pepper-spray incident and is the university’s retribution for their involvement on the Quad.

UC Davis Report Concludes: the Pepper-Spraying Never Should Have Happened

pepper-spray-suit-3By Michael Risher

Staff Attorney
ACLU of Northern California

The long-awaited report on the infamous incident of UC Davis police pepper-spraying non-violent, seated student protesters has been released. It concludes what we all know from watching the shocking videos: “The pepperspraying incident that took place on November 18, 2011 should and could have been prevented.” That’s the opening to the report, which outlines the various ways that Chancellor Katehi, other Administration officials, and the UC Davis Police Department completely mismanaged the situation at every level.

Davis Legislators Respond to Pepper Spray Report

WolkheadshotWhile legislators such as Speaker John Perez and the always-outspoken Senator Leland Yee, along with Lt. Governor Gavin Newsom, immediately responded to the report, Davis’ own legislators took a more reflective and reserved approach.

Finally, on Thursday afternoon, both Assemblymember Mariko Yamada and Senator Lois Wolk issued statements on their reaction to the reports from Cruz Reynoso and his Task Force and from the Kroll Team.

Pike and Katehi Hammered In Pepper Spray Report

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Task Force and Kroll Find Pepper Spray Not a Reasonable Use of Force; Hammers Chancellor and Lt. Pike –

The findings of the long-awaited Pepper-Spray Report are basic and succinctly summarized in the introduction: “The pepper-spraying incident that took place on November 18, 2011 should and could have been prevented.”  They find that “the decision to use pepper spray was not supported by objective evidence and was not authorized by policy.”

The report paints a damning picture of the university’s response to the protests from the top to the bottom, including indecisiveness by Chancellor Katehi and an unreasonable use of force by Lt. John Pike.

Vanguard Analysis: Vice Chancellor Meyer’s Critical and Fateful Decisions on Clearing the Tent Pave Way For Incident

Meyer-JohnDespite the pepper-spray incident and ensuing media frenzy, largely staying out of the limelight was Vice Chancellor John Meyer.  This despite the fact that the vice chancellor is the direct line supervisor to the police chief in the UC Davis organizational chart.

In footnote, the Reynoso Report notes, “In October 2009, the UC Davis administration was restructured to create the Office of Administrative and Resource Management and a number of groups, including police and fire, were brought under the oversight of Vice Chancellor Meyer. The UC Davis Chief of Police and “about a dozen” other campus leaders report directly to Meyer.”

Police Union Attorney Offers Meek Defense After Much Bluster Earlier This Week

Pepper-spray

Earlier this week, the police union’s attorney, John Bakhit, threw a curveball to those eagerly awaiting the release of the pepper-spray report when he told the local newspaper that Reynoso’s report was “going to surprise a lot of people.”

He continued, “The impression out there in the public was that (the police union was) trying to hold back facts that were very negative toward police officers… That’s not necessarily the case. It was a matter of adherence to the law.  When you look at the report as a whole, we actually believe it’s going to help the officers.”

Reynoso Paints Stark and Vivid Criticism of Handling of November 18 Incident

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Task Force Presentation Generates Anger and Frustration Among Students and Community Members

Former Supreme Court Justice Cruz Reynoso was stark, critical and to the point on Wednesday afternoon during the long-awaited release of the pepper-spray report – and the Justice did not hold back when describing his frustration with the problems of portions of the Penal Code known commonly as the Police Officer’s Bill of Rights.

“I’m very pleased to be here, AT LONG LAST,” Justice Reynoso said with emphasis.  “I very much regret… the delay in getting this report to you.  I think that the best interest of the community would have been to have the report to you as quickly as possible.”

Reaction to Report: Lack of Public Comment By Local Public Officials

KatehiFacesTheCroud_11-21-11-4-1

While there was no shortage of opinions on the pepper-spray report that, in the words of Cruz Reynoso on Wednesday afternoon was “finally” released, there was a remarkable lack of comment by local public officials.  Whether it was the volume of the material or the nature of that material, it is difficult to say.

UC President Mark Yudof on Wednesday indicated that, like many others, that he had not read the full report.

Pike and Katehi Hammered In Pepper Spray Report (UPDATED)

Reynoso-pepperspray

Task Force and Kroll Find Pepper Spray Not a Reasonable Use of Force; Hammers Chancellor and Lt. Pike –

The findings of the long-awaited Pepper-Spray Report are basic and succinctly summarized in the introduction: “The pepper-spraying incident that took place on November 18, 2011 should and could have been prevented.”  They find that “the decision to use pepper spray was not supported by objective evidence and was not authorized by policy.”

The report paints a damning picture of the university’s response to the protests from the top to the bottom, including indecisiveness by Chancellor Katehi and an unreasonable use of force by Lt. John Pike.