U.S. may sue Ferguson to force overhaul of police, court practices

The Ferguson City Council has voted unanimously to approve a consent decree with the U.S. Department of Justice, but with seven amendments that critics worry could further slow the 7-month effort to improve police and court practices in the St. Louis suburb.

A former top official at the U.S. Department of Justice’s Civil Rights Division said a lawsuit is likely unless the city changes its position and agrees to the consent decree.

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The consent decree is intended to correct problems identified in a DOJ investigation that followed the fatal shooting of 18-year-old Michael Brown by a Ferguson police officer. The shooting was a galvanizing moment in the “Black Lives Matter” movement and sharpened the focus on police shootings.

In the investigation, the DOJ said, it found unconstitutional and discriminatory practices across the police force and municipal court system.

Vanita Gupta, head of the Justice Department’s Civil Rights Division, responded by saying Tuesday’s vote “creates an unnecessary delay in the essential work to bring constitutional policing to the city, and marks an unfortunate outcome for concerned community members and Ferguson police officers.”

The amendments adopted by the Ferguson council are:

• The agreement contains no mandate for additional salary to police department or other city employees.
• The agreement contains no mandate for staffing in the Ferguson jail.
• Deadlines in the original agreement are extended.
• Terms of the agreement will not apply to other governmental entities or agencies that, in the future, take over services now provided by the city of Ferguson.
• Include a provision for local preference in contracting with consultants, contractors and third parties providing services.
• Include project goals for minorities and women participating in consulting, oversight and third-party services.
• Changes monitoring fee caps to $1 million over the first five years of the agreement, with no more than $250,000 in any single year.

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