Ferguson City Council seeks changes to DOJ agreement

It was one of a series of killings of black men, mostly by white police officers, that set off a nationwide debate about the use of police force, especially against minorities.

The Justice Department's sharply critical report last year documented discriminatory actions by Ferguson police and the municipal court system, especially against blacks.

The settlement between the city and the department had been reached following seven months of negotiations, but a city analysis over the past few days determined the city's cost would be up to $3.7 million for the first year alone. That prompted concern from some residents and city officials that it would bankrupt Ferguson.

Councilman Wesley Bell, who proposed the changes, said he was confident the Department of Justice would agree.

"I don't think there's anything unreasonable," Bell said.

If the Justice Department doesn't go along with the changes, a civil rights lawsuit is possible, potentially costing Ferguson millions of dollars in legal fees. 

Vanita Gupta, head of the Justice Department's Civil Rights Division, said in a statement after the vote that it marks "an unfortunate outcome" for community members and police officers.

Gupta didn't specifically address whether a lawsuit would be filed but said in the statement the department will take "the necessary legal actions" to ensure Ferguson's police and court practices comply with the Constitution and federal laws

The biggest change removes a Justice Department requirement that police salaries be raised. City officials believed meeting that provision would also require fire department salaries to rise, potentially costing $1 million annually.

Another provision states that parts of the agreement won't apply to any other governmental entity that could potentially take over duties currently provided by Ferguson. That means, for example, that St. Louis County would not be beholden to the agreement if it eventually takes over policing in Ferguson.

The amended agreement was announced and approved at the end of an often-boisterous meeting moved to the Ferguson Community Center because of the crowd size. The vast majority of speakers supported the original agreement.

Karl Tricamo, 32, shouted out as the council approved the amended deal, wondering why it wasn't announced until the end of the meeting.

"I don't think the DOJ is going to go for this," he said.

Ferguson has been under scrutiny since the fatal police shooting of Brown, whose father stood quietly at the back of the meeting.  

The agreement requires hiring a monitor, instituting police diversity training, and buying software and hiring staff to analyze records on arrests, use of force and other police matters.

The city previously estimated it will cost $2.2 million to $3.7 million to implement the agreement in the first year, and $1.8 million to $3 million in each of the second and third years.

Some who spoke at the meeting said the cost of the original agreement was simply too high for a city with a $14.5 million budget and already facing a $2.8 million deficit that largely stems from such costs as overtime for police during protests, lost sales tax revenue from businesses damaged in fires and looting, and legal expenses.

"I would rather lose our city by fighting for it in court than lose it by giving into the DOJ's crushing demands," said Susan Ankenbrand, a 41-year resident of Ferguson.

But others said the agreement is important, regardless the cost.

Kayla Green, who is black, said injustices were tolerated for too long in Ferguson. "Cost should never be the reason not to do what's right," she said. "It is time to prioritize justice no matter how much it costs because justice is priceless."

Wire services