http://www.nytimes.com/2013/06/28/n...sures.html?hp&pagewanted=all&pagewanted=printJune 27, 2013
Mayors Administration Moves to Undo Bill Aimed at Curbing Police Profiling
By J. DAVID GOODMAN and MICHAEL BARBARO
The Bloomberg administration immediately came out swinging on Thursday against a pair of bills approved by the City Council intended to oversee or curtail the Police Department, vowing to veto the measures and to do what it could to ensure that at least one of the vetoes would stand.
In separate appearances, Mayor Michael R. Bloomberg and his police commissioner, Raymond W. Kelly, sought to portray the bills one aimed at increasing oversight of the Police Department and the other at expanding the ability to sue over racial profiling by officers as a divisive tool that would undermine the polices efforts to get guns off the streets and continue to lower the murder rate.
The threat of lawsuits, the city fears, could end the departments broad use of stop-and-frisk measures, the crime-fighting tool most closely associated with the Bloomberg administration.
Behind the scenes, the mayors office was already strategizing how to undo the profiling bill.
Aides to the mayor, who made little attempt to hide their fury over the two bills, which are known together as the Community Safety Act, conceded there was little chance of derailing the inspector general bill, which passed by a sizable margin. But they are determined to scuttle the profiling legislation; it drew the precise number of votes required to override a veto, in what will no doubt serve as a test of Mr. Bloombergs political potency in the waning days of his term.
The mayors plan is to peel off one supporter, thus depriving the Council of the 34 votes needed to override the inevitable veto.
People may vote for a bill and then be willing to maintain the mayors veto, Mr. Bloomberg said at a news conference. He declined to say how he might persuade one council member to switch positions, saying only: This is a fight to defend your life and your kids lives. You can rest assured that I will not give up for one minute.
With the citys annual budget already passed, Mr. Bloomberg has lost a major tool of persuasion in his negotiations with council members. But the popular and wealthy mayor still has a sizable arsenal at his disposal, starting with the promise of his future political support, not to mention the traditional carrots and sticks that any City Hall can wield.
Deputy Mayor Howard Wolfson said that in its discussions with council members, the administration would make its case on the merits of the bill. Weve had many conversations with members in the past days and weeks, and we will continue to do so, Mr. Wolfson said.
Those conversations before the vote were also focused on policy and did not include overt political arm-twisting, said Councilman Brad Lander, one of the bills sponsors. I didnt hear anyone say they had been offered something or threatened with something, he said.
Even so, Mr. Lander said, it had been a challenge for members to stand firm in the face of pressure from City Hall. They kept pushing back and pushing back and pushing back, and this is a mayor who is accustomed to being listened to, he said.
Councilman Erik M. Dilan, who kept his decision to support both measures mostly private until he voted with the rest of the Council around 2 a.m., said he had been courted heavily by Mr. Kelly during a nearly 45-minute sit-down several weeks ago in the commissioners office at Police Headquarters. He said he later received a very pleasant call from the mayor.
He said, I would love your vote, we would love your vote in the worst way, Mr. Dilan said, recalling his conversation with Mr. Bloomberg. But the councilman said he remained less persuaded by their arguments than by the high number of police stops going on in his district, which covers some crime-prone areas of Brooklyn.
The vote that I made was based on where my conscience is, Mr. Dilan said. Its hard for that to change. But to say its impossible based on new information, its hard to say that.
One bill, known as Intro. 1079, would create an independent inspector general to monitor and review police policy, conduct investigations and recommend changes to the department. The monitor would be part of the citys Investigation Department alongside the inspectors general for other city agencies.
The law would go into effect on Jan. 1, leaving the matter of choosing the monitor to Mr. Bloombergs successor.
The other bill, Intro. 1080, would expand the definition of bias-based profiling to include age, gender, housing status and sexual orientation. It also would allow people to sue the Police Department in state court not only for individual instances of bias, but also for policies that disproportionately affect people in any protected categories without serving a significant law enforcement goal.
But because the bill would allow potential plaintiffs to seek only intervention by the courts to force changes, and not monetary damages, it was not known yet if the measure would prompt a wave of lawsuits.
Supporters of the legislation were preparing for another round with the mayor and the challenging task of keeping a single member from bolting.
They always just need one person, said Councilman Jumaane D. Williams, Democrat of Brooklyn, the other sponsor of the bill. Mr. Williams said the strategy remained the same: sitting down individually with council members and going over the text of the bills.
We dont have the kind of money or visibility as the mayor, he said. But what we do have is truth and what is right.
The legislation has already been a nettlesome issue in the Democratic race for mayor, especially for Christine C. Quinn, the Council speaker, who has faced a growing challenge to her early front-runner status. She supported the measure creating an inspector general for the Police Department, which passed by a vote of 40 to 11, but she opposed the other, on police profiling, which passed 34 to 17.
Mr. Bloomberg has 30 days to veto the bills.
At least one council member, Daniel Dromm of Queens, received a call from his local police station commander to protest the legislation ahead of the vote.
They were deeply concerned about 250s and said they would be unable to perform them because of the profiling part of the reform, said Councilman Dromm, referring to the police form used for street stops. But for me, its the teeth of the reform; its the needed piece. He voted for both bills.
Mr. Kelly said he understood that people dont like to be stopped, but he characterized the policing tool as a lifesaver, something thats integral to policing, something that you have to be able to do as a police officer on the streets of this city, or any other city.
Legitimate police stops would not be curtailed under the legislation, Mr. Williams said. The profiling bill doesnt stop the police from stopping people, he said. It just stops profiling.
With all that said, we'll see how long it lasts. I wonder if they'll have enough to beat Bloomberg's veto. People are looking suspect.