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East Lansing’s Independent Police Oversight Commission filed complaints against two police officers for deploying pepper spray inches away from two young men’s faces in August, despite a city attorney advising the commission against acting due to pending litigation.
Both men were arrested and later identified as Lonnie Smith, 21, and Mason Woods, 22, in a pre-trial press release.
City prosecutors have since dropped the charges against Smith and Woods.
The city is facing lawsuits from both men, who are alleging excessive use of force and libel.
An attorney for the city advised commission members not to pass several resolutions due to the pending litigation and civil rights complaints, warning their actions could have consequences for the city.
“My job as the city attorney is to advise you of the issues you may face,” attorney Carlito Young said. “Quite simply, you are an extension of the city, and your actions have consequences.”
But commission members said it’s not their job to protect the city.
“I think the attorney’s job is to cover the city’s behind,” Commission Chair Ernest Conerly said. “Yes, we’re appointed by the city. It’s that. But it’s not our responsibility to protect the city. That’s his job, not ours.”
Commission members tabled consideration of a complaint against Police Chief Jen Brown for allegedly violating the police department’s policy for releasing identifying information.
The incident is one of several the East Lansing Police Department responded to during Michigan State University’s “Welcome Week.”
That weekend, the department responded to 52 calls and made 10 arrests, eight of which were not MSU students.
Officers also used a taser on a man who allegedly brandished a knife.
The department’s use of force became an issue again in October after Brown told local media that East Lansing used force against Black individuals at a higher rate in recent months because the city had a “disproportionate number of minorities come into the community and commit crimes.”
The comment sparked calls for the chief to resign, including from the East Lansing Independent Police Oversight Commission.
City Manager Robert Belleman has said he remains supportive of Brown continuing as police chief, arguing the comments can be a learning opportunity for her and that frequent changes in leadership would make it more difficult to implement long-term changes within the department.
Brown has apologized for “unintentionally offending members of the community.” Emails obtained by WKAR News show she participated in two media training workshops in the days after making the comment.
Members of the East Lansing Independent Police Oversight Commission voted to reject Belleman’s defense Wednesday night in another move opposed by the city’s attorney.
Conerly said the actions taken Wednesday show recent changes weakening the commission’s power won’t stop it from providing oversight.
“I think we did a good job of trying to stay within our wheelhouse and understand that we don’t get to investigate anymore, and we have to review things, and so we’re going to exercise our power to review things,” Conerly said.
Commission members also passed resolutions to request the police department develop a formal policy for the use of pepper spray, request the department resume publicly releasing monthly use of force reports and requesting the police chief attend future meetings after she did not attend Wednesday night’s meeting.
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