Community activist wants a police oversight commission

Pallatino wants the City of Rio Rancho to establish a police oversight commission. He says some police officers have been abusing their power and an independent commission needs to ensure that people’s civil rights aren’t being violated.

Pallatino, who was acquitted of second-degree murder charges and conspiracy by a Sandoval County jury in September of 2004, said he believes he’s been the victim of police harassment in the past.

During the arrest and detention process, Pallatino says his civil rights were violated. He also says police re-injured his son’s shoulder.

"I don’t want what happened to me to happen to someone else, especially kids" Pallatino said. "The police need to be held accountable. They hold us accountable so let’s hold them accountable."

City Manager James Jimenez says the police force is highly professional and said he’s only received a couple of complaints since starting the job in October of 2008.

"We have a highly professional police force and they are highly respected in our community," he said. "They have a tough job enforcing the law and keeping us safe. Sometimes not everyone appreciates the difficulties of trying to keep a growing community like ours safe. I think our force does an outstanding job."

Jimenez said there are processes in place for citizens to lodge complaints, including contacting him, the mayor, the police chief, the attorney general, district attorney or U.S. Attorney’s office.

Mayor Tom Swisstack said he would like to see more information gathered about what a police oversight commission’s role would be in the process.

"What’s the goals and the objectives of that commission?" he asked. "If it’s just to look for wrong doings, there’s a system in place that has checks and balances. Is it to try to work with our law enforcement people, bring the district resources, streamline the process, build neighborhood watch groups and bring more officers into the neighborhoods?"

Mark Pallatino has seen several changes in the city where he grew up but he’d like to see one more.

Like Jimenez, Swisstack said rarely does he receive complaints about the police department.

"I hear about everything else, from a barking dog to cracks in the road," he said. "Our law enforcement has helped keep Rio Rancho with the second lowest crime rate in the state for the fastest growing community."

Rio Rancho District 4 City Councilor and retired police officer Steve Shaw offered to schedule a meeting between himself, Pallatino, Jimenez and Police Chief Bob Boone.

Shaw said Pallatino never replied back.

"I talked to Mark Pallatino for over an hour and a half one day over his concerns and asked him if he ever sat down with the chief," Shaw said. "He said, ‘no’. If you’ve got a concern, why not address your concern with the head of an organization you have a concern with? If you haven’t done that, then why go to a full-blown police oversight commission?"

Pallatino said the meeting was to take place with the understanding that he wouldn’t pursue a police oversight commission. He did say he was willing to meet with them.

As for creating a police oversight commission, Shaw said he wasn’t outright against the idea.

"I think if it were necessary, it would need to be done for the right reasons," he said. "I’m not aware of any community mistrust of the department."

Police Chief Bob Boone said the police department has processes in place to hold officers accountable.

"Right now, we have professional law enforcement executives who are trained and experienced," he said. "They look at and scrutinize each and every situation that comes through the police department.

On top of that, there is no more stressful position or any position that is more scrutinized and has a large number of oversights looking at each action of a police officer than law enforcement."

Police officers hold their own to a higher standard, Boone said.

"What we have found traditionally in law enforcement is that police oversight commissions are very liberal when looking at the conduct of a law enforcement officer," he said. "Police executives hold their personnel to a higher standard than what any civilian oversight commission would do."

Boone said the police department takes allegations of officer misconduct seriously. This year, he said there have been 10 comprehensive investigations.

"Ninety percent of the time, they are initiated by the department against a fellow member," Boone said. "It’s very rare that we receive complaints from the public that triggers an investigation."

He said typical complaints include people claiming an officer was emotional or condescending and the charged person didn’t feel his or her conduct justified an arrest or citation.

Boone said he knows of Pallatino, but said Pallatino has not met with him and he has had no other inquiries about a police oversight commission.

Rio Rancho District 1 City Councilor Mike Williams, who is a retired Bernalillo County Sheriff’s deputy, said a police oversight commission could be potentially beneficial.

"If it’s properly run, it would be OK. We’re not funding anything right now," Williams said, referring to the city’s tight budget that has put a clamp on expenses.

Williams said the people serving on the commission would have to have the proper qualifications.

"I would have to make sure there are strict guidelines on the experience of anyone who serves," he said. "If you criticize someone, you better know what it’s like to be in their shoes."

Rio Rancho District 6 City Councilor Kathy Colley said she would like to discuss the issue with Boone before coming to a decision.

"I’m not against a police oversight commission, but I would like to have some discussion with Chief Boone and find out how many allegations are made against police officers," she said. "I’d rather see more cops in the street than people overseeing officers."

Pallatino has a civil suit pending against the City of Rio Rancho and seven co-defendants that worked for Rio Rancho Department of Public Safety.

Pallatino now lives in Albuquerque and works with the youth program Hogares and at a charter school.

Pallatino’s attorney Dennis Montoya is in full support of a police oversight commission.

"The police are like any other group with power and people with power need to be watched," he said. "Whether it’s politicians, government officials, military or police. What a police oversight commission does is provide eyes and ears for the community to keep police officers honest."

Montoya respects officers and understands they have a difficult job.

"Police work is a dangerous job and well over 75 percent of officers do honest professional work and don’t abuse their badge or office," he said. "However, 25 percent at some point in their career fall into the trap that on the street or neighborhood they are supreme. Police officers are instruments of the law. They are not the law itself."