Vallejo officials say police union obstructing emergency declaration
City officials in Vallejo say the union representing the town’s police officers is obstructing their attempt to declare a public safety emergency there.
In a press release sent to reporters on Tuesday, Vallejo Public Information Officer Christina Lee said the Vallejo Police Officers Association filed a writ of mandate in Solano County Superior Court seeking a temporary restraining order that would prevent the City of Vallejo from carrying out certain tasks under the emergency declaration.
Earlier this month, city officials declared a public safety emergency based on multiple lawsuits that had been filed following allegations of officer misconduct. Officials said the declaration was also needed because the city had experienced a spike in violent crimes.
“The City…faces significant threats to its fiscal sustainability due to pending claims and litigation related to police actions,” Lee said, noting there were 24 pending federal court claims against the city and another 13 government tort claims stemming from allegations of police misconduct and other issues.
“Vallejo cannot afford additional cost increases, especially during this pandemic-induced recession,” Lee said.
Vallejo’s police force has also been cut in half — from 160 officers last year to just under 80 this year — exacerbating problems within the city.
The emergency declaration allows city officials to bypass certain steps when appointing police personnel to certain positions, including accountability boards and task forces.
The declaration has the support of Vallejo Police Chief Shawny Williams but not the support of the union that represents officers under him. In a court filing reviewed by Solano News Update, the union says Vallejo’s emergency declaration is unlawful because “the city is not facing a legitimate emergency.”
In the filing, the union doesn’t dispute the underlying facts presented at the early October city council meeting — the lawsuits coupled with an increase in crime and a decrease in the number of sworn officers in Vallejo — but said those factors don’t rise to the level of an emergency that requires immediate action as defined by law.
“The proclamation cites a ‘crisis of legitimacy and trust’ which ‘has created a public safety emergency endangering the lives and property of Vallejo residents and visitors.’ However, the proclamation contains no facts that would establish such an emergency,” the union argued.
Some information in the proclamation — specifically, a mention of the murder of Minneapolis resident George Floyd — were irrelevant to Vallejo, the union argued, while other police encounters that did occur within Vallejo were months old and thus not demanding an immediate response.
“There is no specific incidents that give rise to this emergency beyond the death of George Floyd, which occurred in Minneapolis in May,” the union said. “While the present situation may be concerning, there is no' ‘imminent and substantial threat to public health or safety.’”
But city officials disagree: They say those actions and others require an immediate corrective measure that can only be fulfilled through the declaration of a public safety emergency. The city has retained lawyers and will argue its case during a court hearing later today.
“Internal scandals have fostered a clear and evident distrust and skepticism among community members toward [the Vallejo Police Department],” Lee said.
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