King City Chief of Police Nick Baldiviez responds to accusations made against his officers. During the June City Council meeting, numerous community members came forward to accuse his officers of misconduct, which led to a call for an investigation of the department. Photo by Sean Roney.

The City Council for the City of King decided at their latest meeting last Tuesday to spend $10,000 on an investigation of the King City Police Department.

The motion to investigate was called by Sue Kleber and seconded by Junior Nuno, before being passed by a 5-0 vote. A recommendation by City Attorney Roy Hanley named Police Chief Tommy Tunson of Arvin as the first choice for investigator. With a price tag of $10,000 for the investigation, and the City already wrestling with a $600,000 budget gap, the City is now considering options to pay for the audit.

"I wanted somebody who had experience actually being an chief in a small town, that had real gang problems," said Hanley of his recommendation of Tunson. "Somebody who was proficient enough in Spanish that they could do a lot of their own work and communication without having to involve translators."

City Manager Michael Powers clarified that the motion was to investigate complaints and look into the efficiency of the police department.

“If it's a way to get it started a help get the community together, I'm willing to stick my neck out for a few thousand dollars,” said Council Member Terry Hughes.

After a long discussion where a continued complaint was fear of talking to the police, Mayor Jeff Pereira said, “Something we need to work on is how someone can file a complaint without being afraid.”

Powers noted even with a costly investigation, the fear of speaking to authorities may extend to a fear of talking to an investigator. “My biggest fear is that we go out and do something that doesn't come out with any sort of solution,” he said.

Kenny Martinez, whose brother was shot and killed at Town Square in February of this year, commented on community members being fearful of reporting on police misconduct because of the possibility of retaliation.

“Anyone can walk into my office and I will help the with the complaint process,” Powers said. “If you complain against an officer and that officer retaliates against you, he will be fired, and I will give you the number of a very good civil rights attorney, and help you own his house. I have no tolerance for bad cops, or anyone else who won't do their job. If there's anyone who has a complaint, come into City Hall.”

He held up his nameplate from the table and said, “Here's my name. Come find me.”

“The officer might not harass you, but do little things, or send someone else to do it. That's why we're scared,” said Martinez. “I believe there's good cops here, but say that one bad apple has alliance with someone else that we don't know. How are you going to protect me?”

Powers responded to Martinez, and in doing so addressed public fear of reporting misconduct. He said, “Could you live with yourself by not telling? I'll just share a personal philosophy: You cannot live in fear. Living in fear makes you a prisoner to every gang member out there. If you don't tell me or the chief or police where there's a problem, I can guarantee you I can't help you. There has to be a step of faith to some degree that you're willing to trust in doing the right thing.”

Martinez explained he wouldn't want to put his life on the line, that he didn't feel protected.

Powers responded, “If we hire somebody for $10,000 and you won't tell that guy or gal because you're afraid there might be retribution, then we've wasted that money. You have to be willing to step up and do the right thing, even if it costs you. That's what it takes to be courageous.”

Powers went on to explain that with an auditor hired, people need to step up and be willing to name names. They also need to be willing to officially give their names, as it will help with follow-up and lead to a more effective investigation.

At the beginning of the meeting, the Council reminded the community members present to keep their comments to three minutes in order to allow everyone a chance to speak, and to direct comments toward the city.

"Basically you face a fundamental policy decision tonight," said Hanley. “If you want to conduct an audit or investigation into the police department. If you want to proceed, you'll have to decide what parameters you want for that...If you reach that third threshold, you'll have to decide how fast you'll go."

Hanley went on to explain the council had the option to take no action at all, or conduct an investigation that ranged from simply hearing complaints all the way to a "full blown audit of the police department."

Hanley went on to say, "The expenses vary a lot. You could define a scope along those lines that fit your needs." He said cost would depend on the scope of the investigation.

He explained a full blown audit could cost $50,000, and that, "You could end up with an audit that provided some useful information for around $10,000-$15,000."

Regarding the timing of the investigation, Council Member Junior Nuno said, "Time is of the essence. We are in a budget crunch. We need to get down to the bottom of it before its too late."

Hughes brought up the issue of money when he said, "We're in a budget crunch and that’s something you need to consider. Staff is losing their wages and benefits. Money is really important."

Nuno answered by saying, "If we spent $10,000 to make our department run more efficiently, it would save us more money in the long run."

The first person to take the podium and speak on the matter was King City Chief of Police Nick Baldiviez. He addressed accusations against the King City Police Department in the prior City Council meeting, and a July 8 press conference Nuno held with a local television news station.



For the complete article see the 07-21-2010 issue.

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