Michigan Department of Civil Rights Holds Press Conference
The Michigan Department of Civil Rights (MDCR) announced earlier this week the Department's next steps in response to two listening sessions that were held in March to hear from residents relative to actions of the Grand Rapids Police Department.
At a press conference, Tuesday, May 7, 2019, MDCR Director Augstin V. Arbulu stated, "Over the course of several hours, we heard from eighty individuals and we also received several written comments from other individuals. Since the listening sessions, we've received a number of complaints alleging discriminatory misconduct by the Grand Rapids Police Department including the two announced by the ACL last week."
The Michigan Department of Civil Rights is charged with investigating claims of discrimination under the Elliott - Larsen Civil Rights Act and other state and federal statutes as with every complaints our department accepts our investigations to be neutral.
At this time, the department has received twenty - three complaints alleging discrimination by the Grand Rapids Police Department that are currently under review or investigation.
The number of complaints since March 28th represents nearly twice the number of complaints prior to the listening sessions.
"While the number of complaints alone does not indicate patterns and practices at play, we do believe that they warrant thorough investigation," Arbulu stated.
In addition to announcing the investigation, the purpose of the conference was to explain the process so that residents would know what to expect.
"Our investigators gather evidence from both parties and the carefully make a determination based on the evidence. If after the investigations are completed, the department determines that discrimination did take place or that it continues to take place it will file one of more charges of discrimination. Such charges begin an process that after a hearing would go before the Michigan Civil Rights Commission."
He explained that with any complaint of discrimination, the department always looks to see if there is a state interest. A state interest is present when the discrimination is on going in a way that solving one case will not address the states objective to prevent future incidents of discriminatory practices.
As an example he cited awarding monetary damages to a victim of police misconduct as a result of discriminatory policies or practice that does not protect others from such conduct unless such policy or practice is retracted represents a matter of state interest.
"As a result of looking at the complaints separately, we will be investigating to see if various evidence in any of the individual cases are apart of a pattern and practice of discrimination or discriminatory actions on the part of GRPD."
He went on to say, "Please note that we will not be addressing the specifics of any complaints currently pending or under investigation but we will be happy to discuss in general our investigative process and possible outcome."
A question and answer session that followed.
One attendees asked, "In individual cases, is there an historical understanding on how successful you have been in prosecuting those cases?"
I can tell you this. If we reach a probable cause stage, meaning that through the investigory process, we believe that there is sufficient evidence to support formal charges, then we begin the adversarial process, that is having filed a formal complaint and there for they have their attorneys and we have our attorneys. We will go before a hearing. There will be recommendations that will go between the commission. The final determination is not this department; but should it get to that level, it will be the commission that will make the final determination."
Another question was, "Have you ever investigated like this on systemic discrimination within a department before?" Arbulu answered, "Given the number of complaints is fairly broad, so we obviously will be looking at patterns and practices, but during my tenure, we have not had this kind of case.
A third question asked was "How is the department defining systemic?"
Arbulu' answer: "Systemic is something that is build into how they do business that repeats itself over time. It could be three or four years. The number of cases gives us some insight into certain practices being repeated and therefore it is embedded into how they do business. Systemic means something that is repeated."
He urges anyone who believes that they were discriminated against by the Grand Rapids Police Department to contact the MDCR intake unit to discuss their incident and possibly file a complaint.
The number to dial is 1-800-482-3604.
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