City passes resolution against 'Gestapo' tactics

Alpine Avalanche
Sep. 16, 2005

The Alpine City Council passed a resolution this week that disallows members of the Alpine Police Department to attend meetings unless they are called to the scene if "anyone at a council meeting is physically abusive or rowdy."

The resolution was written by Councilman Bob Brewer.

It also states that only the police chief can remain at the meeting if an officer is requested to do so after an altercation, or if an officer is requested in advance, because it is the only salaried position in the department, and therefore would not cost the city any overtime pay.

In the resolution, Brewer writes that the mayor and/or city manager "clearly have repeatedly called the police in advance to attend council meetings as prior restraint on the Freedom of Speech of certain council members and certain citizens."

He wrote that "this personal-cop-at-council-meetings tactic by the mayor and/or city manager is normally found only in a Gestapo-like or police state government in an attempt at intimidation is probably a Civil Rights violation.

"These tactics by the mayor and/or city manager expose the city, and the mayor and/or city manager as individuals, to legal on action Constitutional grounds."

"I think this is very important," said Brewer at Tuesday's special meeting. "Most people don't take Constitutional rights as seriously as I do based on some comments I've received."

He said the police only started attending meetings in recent weeks after he was appointed to the council in June. "I have no other reason than to believe that this is an attempt to intimidate certain council members," said Brewer. "I have done no research on my legal feelings about this. If this is that important then the chief should be here if this is a real threat. I encourage my fellow council members to stop the nonsense."

City Attorney Rod Ponton said that if the police are being used for intimidation, "it does get the city into thin ice."

He recommended asking the city secretary to inform the police chief of the date and time of council meetings so he can have an officer on stand-by.

"I don't know that the city needs somebody here all the time," said Ponton, adding that directing the police presence at an individual could be a Civil Rights violation.

"If anybody's Civil Rights are being violated here, it's mine," said City Manager Karen Philippi. "I haven't done any of this.

The resolution also states that the mayor and/or city manager "have repeatedly asked the police to investigate the qualifications of certain council members to hold office ... one of whom the mayor has tried at least five times in the last two months to have investigated or removed from office."

Brewer said the mayor sought to investigate and remove him from office, and that her request was "on tape." He later said the recording was accidental, but refused to elaborate about its whereabouts or ownership. He would not say if it was audio or video.

"While I have never investigated anybody, if I want to, I can," said Philippi. "I think that as a citizen, I can ask questions."

"Bob, you need to get your facts straight," said Mayor Mickey Clouse.

The resolution states that the police chief "has cooperated with all of the above."

Chief Russell Scown declined an interview with the Avalanche citing advice from legal counsel, although he did issue a statement Wednesday.

"It is truly unfortunate that a couple of councilmen would try to make a political statement by passing such a defamatory resolution," he wrote. "The members of the police department and myself have done exactly what we have been instructed to do, as directed by the city manager. In doing so, we have received absolutely no guidance or opinion from City Attorney Rod Ponton on the matter of having a police officer at city council meetings or the authority of the mayor and city manager to request a police officer. Apparently Mr. Ponton did not see a problem with a police officer at the council meetings; otherwise, he would have been obligated to address the issue.

"Once again, it is the police department that must bear the burden of the political whims of some of our elected 'leaders.'"

The resolution states that the mayor and/or city manager "shall not ask any official to investigate the qualifications of anyone to hold the office of council member once elected or appointed, this being the duty of officials only at the time of filing for or being appointed to the office of council member.

"Participation in any attempt at investigation or removal of a council member by the manager, or calling of police [as outlined], shall be grounds for termination of the manager 'for cause,' with no severance pay."

"If there is a strong need to have a police officer, then I think council needs to decide," said Avinash Rangra. "I don't have any problem with having a police officer here, but it's the intent that bothers me sometimes."

In order to "keep order," Anna Monclova said, "I encourage the mayor to start using her gavel uniformly and equally. I don't think we need an officer here."

Brewer made a motion to adopt the resolution, which was seconded by Rangra. They voted for the motion, Manuel Payne voted against it and Monclova abstained. Burnis Lawrence did not attend the meeting.

Four other resolutions, three of which dealt with meeting procedures and written penned by Brewer.