Editorial: Police Payout Policy Should Be Reviewed

The Albuquerque police payout pendulum may have swung a bit too far when it comes to settling police misconduct claims or forcing them to go to trial.

In the first two years of Mayor Richard Berry’s administration, the city paid $8 million to resolve police misconduct lawsuits — with 58 cases resulting in payouts being resolved through settlements. In two cases, plaintiffs prevailed in court. The city prevailed in 11 cases that went to trial and disposed of others in earlier stages of litigation.

By comparison, the city paid out nearly $10 million in cop cases during the eight years of the Martin Chávez administration, when settling was taboo.

In 2002, Chávez said misconduct suits would not be settled, though a few exceptions were made. The rationale was that going to trial would discourage frivolous claims, eliminate backroom deals and “nuisance” settlements, and put police misconduct into public view.

Once Berry took office in December 2009, that policy was dropped in favor of reviewing lawsuits case by case.

City officials are quick to note that most of the cases it has settled were filed during the Chávez administration. However, any new administration inherits pending litigation. And there were 20 police shootings between January 2010 and August 2011, 15 of them fatal, which have led to a half-dozen lawsuits still in the legal pipeline.

The number of settlements and payouts brings the new policy into question. Did allegations in all 58 cases settled really have merit? The police union sees the settlement rate as a lack of backing for police officers in general. Others, however, say it protects cops who cross the line via the taxpayers’ checkbook.

Settling might save money and resources over time, but it’s not all about money. A no-litigation policy deprives legitimate victims of their day in court and good officers of vindication if claims are groundless. It also could mask potential systemic problems.

The city needs to find the right balance that takes into account that dealing with police misconduct claims is not just about dollars and cents, but about accountability to the public.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.