01/26/2017
National Black Police Association
“Dedicated to promoting justice, fairness, and effectiveness in law enforcement.”
The National Black Police Association Stands for Continued Action Forward on the Civil Rights Agenda and in Criminal Justice Reform from the Trump Administration
DALLAS, TX – January 23, 2017 – The National Black Police Association (NBPA) was established in 1972, with a mission to increase the awareness of the community, to be the conscience of the criminal justice system, and to enhance the quality of life in the African-American community. We serve as the guardians of truth and equity in the process of criminal justice, and stand for integrity and respect in policing for all.
As an organization that represents officers of color in the United States, Canada, the United Kingdom, Bermuda, and the Caribbean, we are extremely concerned about a document entitled, “The Trump Administration: The First 100 Days,” that the National Fraternal Order of Police (FOP) forwarded to the new presidential administration, asking President Trump to consider potential actions on a number of matters that we feel are key to the relationship between police and the communities we serve.
It is not our intent to work counter to our sisters and brothers of the FOP. Many NBPA members are also members of the FOP, and we have mutual concerns which we agree need to be addressed, even if we differ on how to achieve end results. However, we feel it is our duty to bring to your attention those issues that the NBPA feels run counter to supporting civil rights in America, and in establishing needed criminal justice reform.
* Rescindment of President Obama’s January 2015 Executive Order 13688, which governs state and local law enforcement agencies’ acquisition of surplus military equipment through the Department of Defense’s Excess Property Program, also known as the 1033 Program. Police militarization is historically a huge barrier to community relations in this country. The type of equipment that is used, and when it is used, can be key to building bridges, or to straining community relations further. Most of the acquisitions are designed for use on a battlefield, not in neighborhoods, some of which are already disadvantaged by crime, poverty, poor education and joblessness. They need various forms of focused assistance, not police occupation. We do understand, however, that there are instances, though rare, in which a police agency would need to use an armored truck or riot gear, such as safely retrieving an injured officer or hostage from a deadly incident, or responding to an out-of-control riot situation. However, day-to-day use of equipment such as .50-caliber guns and explosives is not generally part of the responsibility of your standard law enforcer. We would like to see continued monitoring of the program, as well as a limit to the amount and type of equipment that is being issued. Imagery and symbolism are as important today as it was when police officers used dogs and water hoses to control civil rights protestors in the 1960’s. If an officer presents as an occupying force, he will be seen as the occupying force instead of a traditional law enforcer with the safety and protection of all citizens as a priority.
* Deprioritizing recommendations made by President Obama’s May 2015 Task Force on 21st Century Policing. Ronald L. Davis, former Director of the Office of Community Oriented Policing Services (COPS) stated, when the final report was delivered in 2015, “…the report represented a defining moment in American policing and a once-in-a-lifetime opportunity to redefine policing in a democratic society.” Continued use of policing tactics of yesteryear has
resulted in increased and ever-widening rifts between law enforcement agencies and communities of color in America. That is why the NBPA was asked to contribute to the effort, along with dozens of other law enforcement and community partners and elected officials, to develop best practices for criminal justice today, which would honor both law enforcement and the communities we serve. Those recommendations came in the form of Six Pillars that support community policing efforts:
1. Building Trust through accountability, transparency and procedural justice, and acknowledging barriers, both past and present. This creates and sustains legitimacy.
2. Developing Policies that are not only effective, but that also provide necessary oversight.
3. Providing Technology that supports crime reduction and is also responsibly utilized.
4. Crime Reduction through positive community relations and partnerships.
5. Providing the best Training and education to affect contemporary policing strategies.
6. Making Officer Wellness and Safety—both mentally and physically—a priority.
Since its establishment in 1994, the COPS office has been invaluable to the law enforcement community, providing information and resources to policing agencies all over the country. The Six Pillars that they helped to deliver are a solid standard for community policing. Defunding the COPS office at this crucial time would have a devastating effect on policing in America. The NBPA stands behind the collaborative effort of all of the stakeholders, to develop the recommendations put forth by the Task Force on 21st Century Policing. We recognize the importance of these recommendations in moving law enforcement ahead, not backwards, in a contemporary America.
* Reversing the Federal government’s position on private prisons. Starting in 2016, the Obama administration began to phase out and scale back the use of private prisons. Reasons for the actions are 1) private prisons have been deemed less safe and secure for both inmates and correctional workers; 2) private prisons hold only 12% of the federal prison population, and that number is declining—they are no longer an effective or practical means of addressing overcrowding from other prisons; 3) private prisons have long been a cash cow, allowing private companies to make millions of dollars through mass incarceration—but delivering poor service in return. Mass incarceration disproportionately effects communities of color, and prison profits are driven by the number of inmates that can be delivered, which cyclically sustains the unequal levels of incarceration—it is easy to incarcerate people of color, who have, since Reconstruction, been the face of crime in this country, however unwarranted that label is. We would like to see a continued scaling back and phasing out of the use of private prisons, for the fiscal benefit of all communities, but particularly for communities of color, which are disproportionately affected by mass incarceration.
* Reversing the ban on racial profiling. For several years, the Department of Justice has issued guidance on the use of race, and other characteristics, in the performance of law enforcement duties. In October 2016, the President of the International Association of Chiefs of Police (IACP), Terrance Cunningham, apologized for the historical mistreatment of minorities by police in this country, as he and the IACP understand the impact that that traditional relationship has had on the ability to effectively fight crime in a way that honors both police and the community. America has a long history of attributing crime to the actions of mainly people of color. Statistics about who, by race, commit crime, are primarily drawn from incarceration numbers. However, we contend that basing this information on the prison population is grossly inaccurate, as statistics support that Black and Latino men and women are incarcerated at a much higher rate than other races/ethnicities, even when committing the same crimes. We agree that a suspect in a crime is most easily identified by race, but we do not support the contention that racial profiling is a substitute for an accurate lookout—which would include other identifying details—and good police work. Stopping or detaining people of color based on any perceived bias underminds trust in the community, and is frankly not an effective crime-fighting tool. The criminal enterprise can use this knowledge to its advantage, and suspects who are not people of color will merely slide under the radar, uncaught more often than not, while officers’ attention is trained on who they feel is the more ‘obvious’ perpetrator. In addition, racial profiling by law enforcement can lead to civil rights violations, expensive litigation, and consent decrees, which
consume human resources and take time to address. It can take years for a police agency to overcome the hit to its reputation.
Policing is a noble profession. We support the excellent work of men and women in blue, but we would ask this present administration to have continued focus on addressing those causes of the distrust that has developed between police and communities of color. In particular, an emphasis should be placed on training, especially in the areas of implicit bias, use of force, de-escalation, conflict resolution, reasonable alternatives, diversity and sensitivity, and fair and impartial policing. In addition, we ask you to commit to examining the often false narratives that are created surrounding communities of color that lead to bias, and thus to a stronger possibility of harm to citizens and to officers, and to keep in place those mechanisms that are useful in working towards positive resolutions, including a robust civil rights agenda. Keeping the Civil Rights Divison of the Department of Justice operating with sufficient funding and support will be important to the furtherance of fair and equitable criminal justice. Our actions must reflect the highest of policing standards, and our communities should demand and expect such.
With respect to the National Fraternal Order of Police, we will continue to work side-by-side with other police organizations, even those with which we do not agree on all matters. There were other issues in the FOP’s document which we did not agree with, such as how immigration concerns and sanctuary cities should be treated. However, in the spirit of fostering a good working relationship with your administration, we respectfully brought to your attention those things that are of most importance to our members. The National Black Police Association will continue to monitor these and other concerns in criminal justice and criminal justice reform, and will join in solidarity with those partners and change agents that demand that justice be served at all times. We trust that your administration will do what is necessary and right in addressing these important issues, and offer any assistance you need as you navigate the discussions and actions. As in the past, we know how important it is to have a diverse group of law enforcement officials at the table, and we bring knowledge and a perspective that most traditional policing organizations do not.
We are asking for a meeting with President Trump and the administrative staff at your earliest convenience.
Thank you for your time and attention. We wish you well in all of your Presidential endeavors.
National Black Police Association
320 South R.L. Thornton Freeway Suite 230
Dallas, TX 75203-1820
855-TRY-NBPA – Phone/(214) 879-6272 – Fax www.blackpolice.org
Welcome to the National Black Police Association