What will police reform look like in Modesto? Critical vote set for December

The City Council looked at the details of Modesto creating a community oversight board and hiring an independent auditor for its Police Department during a Thursday workshop.

They are among the recommendations from Forward Together, the committee the council created in June 2021 in response to national and local calls for police reform.

The community oversight board serves as a link between the community and the city and its Police Department that can lead to more trust. The auditor has the legal and technical skills to look in-depth into such matters as officer-involved shootings, though the board also would do that.

Both would issue reports and make recommendations on how to improve policing in Modesto.

The mother and stepfather of Trevor Seever — the 29-year-old unarmed Modesto man fatally shot in December 2020 by a Modesto police officer — again urged the City Council to carry out the Forward Together recommendations.

His death sparked community outrage and calls for reform. Joseph Lamantia, the officer who shot Seever, was fired and charged with voluntary manslaughter in March 2021.

The shooting was the fifth officer-involved one Lamantia had been involved in during his roughly dozen years as a Modesto police officer. Four were fatal.

Seever’s mother, Darlene Ruiz, said real change cannot happen without doing all of what Forward Together is recommending, which is based on a model adopted by Anaheim.

Ray Ruiz said he has spoken with Anaheim’s auditor and a former police chief. “Both said if you only do a community oversight board and no auditor, you get nothing,” Ruiz said.

But Ruiz said he feared the City Council does not want an independent auditor.

The City Council is expected to vote at its Dec. 13 meeting on a proposal for a community oversight board and independent police auditor. City staff is putting it together based on council members’ comments at Thursday’s workshop.

The proposal could include such details as how many community members serve on the board, how to create a board that represents all of the city’s constituencies, as well as the duties of the board and independent auditor. The auditor could work under a contract and not as a city employee.

While the council voted unanimously in August to accept the Forward Together recommendations, the seven-member council will have three new members in December.

Jeremiah Williams and Naramsen Goriel are on the Nov. 8 ballot to replace Councilwoman Jenny Kenoyer. Eric Alvarez is running unopposed to replace Councilman Tony Madrigal. Nick Bavaro is running unopposed to replace Councilman Bill Zoslocki, who resigned in April.

Goriel said in a text message he supports a community oversight board and independent auditor. Forward Together “crafted a proper balance between the auditor-focused model and review-focused model that will improve transparency and accountability. ... We have to work with law enforcement and this plan is giant step in the right direction.”

Need to pass tax?

Forward Together included representatives from throughout the community, including the ACLU, the NAACP, the Chamber of Commerce, Latino Community Roundtable, Modesto Police Officers Association and the Police Department’s internal affairs unit.

Williams said in a text message: “I’m in favor of it all at this time. It’s what the people want.”

Alvarez said he is encouraged by what he has learned and thinks the city is going in the right direction. But he said he needs to see the details before making a decision.

Bavaro said he is doing his research and has not made a decision. But he said it could be difficult to support this if Measure H — the city’s 1% sales tax on the Nov. 8 ballot — does not pass.

The tax is expected to bring in $39 million annually to the city’s roughly $171 million general fund. About 80% of the fund is spent on public safety. City officials have said while the fund’s revenues are growing they are not growing as fast as its expenses. Officials have said that has meant continued reductions in services to balance the fund.

Kenoyer suggested Measure H needs to pass so the city can pay for an oversight board and auditor. The city’s boards and commissions are staffed by volunteers but supported by city staff. The city presentation at Thursday’s workshop showed Anaheim pays $107,000 annually for its auditor. Anaheim’s oversight board also is supported by a police lieutenant and sergeant.

But Councilman Chris Ricci said Modesto already is paying money in legal costs when it is sued over major police incidents and this reform is expected to result in fewer incidents, which will save the city money.

Fatal police shooting

Family members of Paul Chavez, 30, also spoke at the workshop.

Modesto police officer Sam Muncy fatally shot Chavez on July 14 as an intoxicated Chavez walked toward officers while holding a trailer hitch at his side. Chavez was in a front yard, and Muncy shot him less than 30 seconds after he and officer Sergio Valencia had confronted him.

Sergio had Tased Chavez first, and Chavez did not comply with the officers’ repeated commands to drop the trailer hitch.

A Police Department spokeswoman has said Valencia and Muncy have returned to work after being placed on administrative leave.

“... All I heard was redundant and repetitive,” said Chavez’s widow, Brittoni Estrella Chavez, about the presentation and council members’ remarks. “That tells me you have not moved forward. You don’t plan on moving forward. ... I’m a little frustrated because to me nothing is going to get done.”

Kenoyer said something she has learned as a council member is that government moves slowly. “We want to do it right,” she said. “Just be patient. We are getting there, but not as fast as you’d like.”

Mayor Sue Zwhalen said the city is listening to the public and is committed to strengthening the relationship between the city and community.