Buffalo, N.Y. (WBEN) - City lawmakers are revisiting an Executive Order signed in 2020, and hoping to give Buffalo police officers more discretion when dealing with low-level criminal offenders.
Buffalo Common Council members are revisiting an Executive Order signed by former Buffalo Mayor Byron Brown that has resulted in police officers being limited with making arrests to those who commit low-level crimes in the city. Lawmakers are now seeking current Mayor Sean Ryan to amend of entirely walk back the measure, giving officers an increased ability to make an arrest with proper discretion and take criminals in for central booking.
"I would like to see the officers have discretion to be able to arrest, if they think that that is what is necessary," said North District Councilman Joe Golombek. "I walk the district quite often, I've seen the police officers in action. And I've seen the disrespect from people when the police are interacting with them, because they know the police have no teeth. Whether it's the kids that are on the ATVs that are weaving in and out of traffic, or whether it's kids at the park or somewhere else in the community that are just absolutely disrespectful to the officers, because they know that there's nothing they can do besides give them an appearance ticket. There needs to be consequences for one's actions, and I think this gives the officers a legitimate tool."
Former Buffalo police officer and Niagara District Councilman David Rivera says as lawmakers go forward with conversations on changes to this measure, there needs to be safeguards in place.
"The discretion that is used for one is used for the other. Police officers, I know I had that discretion. I made a determination, 'I'm going to arrest you for a low-level offense of marijuana.' And perhaps to somebody else, my partner would say, 'No, you're going to get arrested for the same offense.' That is what we have to safeguard against," said Rivera during Tuesday's meeting in Council Chambers at City Hall.
"I understand police officers need to be able to enforce the law, but it has to be blind - you can't pick one or the other. And so, as we go forward in these discussions, I want to make sure that there are safeguards in place that we use the same discretion on each and every offense. I don't know how you tell a police officer who has the discretion, who can make the decision on the spot whether to arrest somebody or not, but they do have a lot of power."
Golombek is hoping that a change to this Executive Order will help make the every day jobs for Buffalo police officers just a bit easier.
"I talk to the officers on a regular basis. I'm at D District, at least, once a month officially, and I am walking the neighborhood. I've assisted the police when we've had issues in the district with meetings, community meetings, etc., and I think that this will show them that there are people that are listening to them," Golombek said in an interview with WBEN. "I think the problem is there's a lot of deaf ears in Buffalo City Hall to the plight of what the officers are facing."
Where lawmakers like Fillmore District Councilman Mitch Nowakowski and Masten District Councilwoman Zeneta Everhart agree this change will help is dealing with repeat offenders stealing vehicles and causing vehicle damage across the city.
" have personally had individuals that I've known that have had young individuals steal cars and then tailgate them on the 33, and one has even lost their life, and one affected my current friend group dramatically. It shattered a lot of lives, and he was killed by a stolen vehicle," said Nowakowski on Tuesday.
"These people who are breaking into cars - many times not even stealing anything, just throwing a brick through someone's windshield - stealing a car to ride on the 33 and record a TikTok video; they are not doing these things because they're hungry and because they're broke. They're bored. They're doing it for the thrill of it," Everhart added Tuesday. "I will always speak out for the hungry and those who are in need. But that is not what this is about. These young people are stealing cars because they're bored, and it is not OK."
Not only does Golombek feel a change to the Executive Order will help law enforcement in the city, but it should help the community at large.
"I have noticed that a lot of the people that get the appearance tickets are getting appearance tickets over-and-over-and-over again, it's the same people. And I think sometimes you need to make an arrest, and sometimes you need to pull these people off the street. That will, I think, show that a lot of this crime is being committed by a small core group of people that feel that they're above the law, and are acting as if they're above the law," Golombek added.
The matter is planned for further discussion at the next Police Oversight Committee meeting.
"I think that the officers need every tool possible when they're dealing with crime" - Joe Golombek
"I think that the officers need every tool possible when they're dealing with crime" - Joe Golombek
