The Massey Commission is “charged to address systematic racism and community mistrust in the patterns and practices of law enforcement and other helping professions.” At its most recent meeting citizens, including three county board members, emphasized the need to resolve the question of legal authority question for a sheriff recall ordinance.
Despite the recall question not being on the next ballot, the commission is still committed to pursue recall, since this was a key objective voiced by the public at the first listening session last September. I suggested months ago that the commission seek a definitive opinion from the Illinois Attorney General about whether a county may enact a sheriff recall referendum ordinance. The opposition of the county board based on the state’s attorney’s advice might be overcome by an opinion from the highest legal officer in the state. This request is no different than a patient seeking a second opinion from a specialist.
Conventional wisdom is that as a non-home-rule county, Sangamon County lacks the constitutional authority to enact any such ordinance. That is true, but there are statutory powers supporting the commission. The inquiry to the Attorney General relies not rely on “express powers,” but rather on those implied, to accomplish the governmental obligations at issue. The County Board has a duty of oversight and an obligation to heed the concerns of the community. The recall ordinance remains a long-term objective. Disputes like this – where the community is overwhelmingly in favor of a remedy and many political folks are supportive – require clarification and expert consideration. There is no cost to making a formal request of the attorney general – dozens are issued annually – but the request must come from the state’s attorney. Such a request has been drafted to elaborate in detail the factual context of the question and to emphasize the public interest. As an established citizen’s commission, we can ask the state’s attorney to perform this task.
The commission also requested the Department of Justice to “conduct a full review of the Sangamon County Sheriff’s Office, specifically focusing on its hiring practices, procedures, review of complaints, and disciplinary actions.” However, in its post-election haste, the DOJ only reviewed the documents it requested. It did not conduct hearings and receive testimony. Then, just prior to the onset of the counterrevolution of Trump 2.0, DOJ executed a memorandum of agreement (MOA) with the sheriff and county. The good news is that the MOA acknowledges and implements many of the commission’s recommendations for hiring and background checks. The bad news is that DOJ’s Civil Rights Division has already been purged. The MOA does not address citizen complaints and disciplinary actions, an important component of the commission’s own investigations into the perceived racism and misconduct of the sheriff’s office and jail. There was no mention of any other recent incidents, such as Earl Moore Jr., killed by emergency medical technicians, and the harm done to Gregory Small, Jr., by the Chatham police department. The Massey Commission is concerned with all of Sangamon County.
A key focus of the commission is police culture, the sense of impunity – the prevalent “go ahead and sue me” attitude. I think this attitude by many cops is based on “qualified immunity.” This legal protection is a judicial doctrine created in the 1960s to shield police and other officials during riots. Even Justice Clarence Thomas, corrupt as he is, is opposed to it. It is up to the General Assembly to change the law. I expect that the commission will formally request Sen. Doris Turner to pursue legislation to create a state action for civil rights abuse and a parallel remedy to federal 1983 actions.
Another key focus is mental health and the demonstrated inability of law enforcement to safely help those of us in need. To that end, the commission’s recommendation for a tax-supported Mental Health Board was adopted for approval by the voters. These and many other calls for reform are driven by public comments at the monthly meetings. The only way to achieve transparency and accountability is for citizens to show up and demand it. The videos of these meetings are available on YouTube, as are thousands of videos of police misconduct.
Sheriff Paula Crouch recently told CBS News: “I don’t think the sheriff’s office has a policing problem” after being shown 50 complaints. Then asked whether there is any “limit” to the number of complaints against a deputy or correctional officer, she simply replied “no.” In that same national program, Sontae Massey implored Crouch to be a “rebel.”
Thomas Davis is retired after 25 years in the Attorney General’s Office doing environmental enforcement. He is not a member of the Massey Commission but has attended all the commission meetings and the law enforcement workgroup sessions exploring alternatives to policing.
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The “Massey commission” is simply a smaller local version of the “defund the police” movement which came about after George Floyd. It can’t possibly accomplish anything good and if they do accomplish something it will weaken policing. Woke activists ONLY weaken policing, they NEVER EVER improve policing.
The next commission meeting will be on Monday, March 10, 2025 at 6 p.m. at the Memorial Learning Center, 228 W. Miller, Springfield.