MOBILE — The Mobile City Council tabled two resolutions concerning the police department on Tuesday.
The first resolution was to approve an external investigation into the city administration following Police Chief Paul Prine alluding to possible improprieties. The other was to terminate Prine's employment, as requested by Mayor Sandy Stimpson.
Further, the city released the report by former U.S. Attorney Kenyen Brown with redactions. (See below)
COUNCIL MEETING
Several citizens once again came forward at the Mobile City Council meeting on Tuesday supporting Prine and a separate investigation. Stimpson and his Chief of Staff, James Barber, were not in the council chambers for the meeting.
Prine said he is in favor of another investigation. He said he believed the council would hear the public outcry and respond accordingly.
"I've not been invited to any of the executive sessions to present the other side," Prine said. "But I'm confident that if they do open an investigation, they'll get down to the facts. The main issue for me with asking for an investigation is not so much to address any ethical issues as much, or criminal issues if there are any there but it's to address policy."
Prine was referring to policies regarding how people are appointed to specific positions, how contracts are severed, and how to ensure best accounting practices.
Prine also said he wants the chance to respond to allegations made against him.
"I've been very careful not to go tit-for-tat in the media because so much information gets lost to the public," Prine said. "But the truth is, an investigation will allow for me to come in there, in particular for this argument that somehow or another I went AWOL and that's been one of the themes that's been pushed over the last couple of weeks. An investigation would give me an opportunity to really express to the council where some of this is coming from and some of the ideas that I've been trying to bring to the surface."
Prine has suggested Brown's investigation could pose a conflict of interest due to Brown's prior involvement with the city.
During the pre-council meeting, council member C.J. Small said he does not favor wasting taxpayer dollars on a council investigation if the matter needs to go to the Department of Justice or the District Attorney's Office. He questioned why Prine wouldn't have reported his concerns to one of those two entities in the first place.
"I think as a leader in general, I have an obligation to question what I think is wrong," Prine told 1819 News after the meeting. "And I've made it very clear from the onset that I've never said that there was impropriety, but the appearance of impropriety and when I ask those questions, those questions don't get answered. And that's simply all I ask."
Council member William Carroll said he supports a new, third-party investigation.
"My concern is the public trust," said Carroll during pre-council. "When this report was called for, it was never called for with the police chief individually in mind. It was called for because of the unintended consequences of the loss of life that we're having in the city. It had nothing to do with the police chief, not at all."
Carroll reiterated his thoughts during the regular council meeting. Carroll said he also has questions about Prine's due process.
Although the city administration said they are still trying to work out a deal with Prine and said they are offering a deal that would keep him on as a consultant until the end of Stimpson's mayorship, Prine said he has not seen such an offer. The administration said earlier in the day that particular offer will expire on Friday.
Council member Cory Penn said he supports an investigation but said the council was previously told to stay out of police policy.
"I was clearly told right there, if I keep doing what I'm doing, then it's a misdemeanor and I could be removed from office but now I'm asked to do something for the police department, which I agree, we should, if that's okay," Penn said. "The point that I'm saying is we have to do it together and we can't just make decisions when they look bad at certain moments. We have to move forward together. So I support that investigation moving forward."
Council member William Carroll said the last two weeks have been difficult due to accusations between the chief and the administration.
"There is not a reprieve at this time and I believe all of you know it," said Carroll. "The damage to the city that this has caused has been beyond repair."
Carroll said the administration caused the problem, and they need to fix it. Although he said the Brown report was not about an individual, an entire section of the report was dedicated to leadership and, in particular, Prine.
Unless included in the redacted areas, the report did not mention a grievance filed against Executive Director of Public Safety Robert Lasky, who serves above Prine and the fire chief. The grievance stated Lasky created a hostile work environment that made a subordinate feel "uncomfortable." The subordinate further stated conditions were "unfair and disrespectful." The subordinate went as far as turning in his resignation due to the circumstances.
Prine told 1819 News he was made aware of the grievance and it is further proof there needs to be an investigation.
INVESTIGATIVE TEAM REPORT
Brown released a redacted report after the council meeting. He said he was called to report on policy and procedure following six incidents in the African American community where the use of force was a factor.
"Recent events in Mobile, Alabama have highlighted that there are still challenges to overcome. Indeed, several members of the African-American community randomly and angrily shouted, 'Slave Patrols!' during the Independent Investigative Team's March 21, 2023 town hall-style Community Listening Forum," the report stated. "Events have also indicated the importance of ethical, focused and effective police leadership and a need for trust and transparency between the police and the community. Logically there is a concern for loss of life."
Brown was told the police-involved incidents could be part of a trend due to changes in tactics or policy within the police department. Although Brown said he did not interview officers involved in those incidents, he reviewed the materials involved.
Tyrone Powers, who has offered commentary nationwide on "bad policing," assisted Brown with the report. He worked himself as a Maryland State Trooper and served as an FBI Special Agent. Elise Gonzalez also assisted. She is an attorney from Texas who represents clients on a state and federal level. She previously served as a legal extern for the U.S. Attorney's Office for the Northern District of Texas.
The 99-page report details the incidents and offers recommendations.
The high-profile case of Jawan Dallas, who died after being arrested, was found to be a justifiable use of force. However, the report states after Dallas ignored the officers' commands and physically resisted him, he "was peppered with profanity."
The report called the language "unnecessary, unprofessional, demeaning, disrespectful, denigrating, inhumane and escalating."
When Prine was asked about profanity within the department, he told the investigative task force that some profanity is acceptable when in high-stress situations. He also stated there hadn't been a policy on profanity before he became chief, and the investigation found that statement to be "disingenuous."
"Chief Prine admitted that the officers' use of profanity in the Jawan Dallas incident was unacceptable," the investigation found. "He noted that the department is young and there appears to be a language issue."
"However, he also noted that he believes this problem is exacerbated by the media," the report continued. "The Chief reiterated that the use of profanity while under duress is okay, but it is not okay when giving commands to citizens and when not under duress. However, he highlighted that all mitigating circumstances must be considered. Chief Prine relayed that he expects that the Independent Investigative Team will recommend policies on demeanor and language."
The investigative team said they were made aware of Prine's comments since he was put on administrative leave. They found his public statements to discredit the report "emblematic of his autocratic tendencies."
Several MPD executive summaries were redacted from the public report, including alleged derogatory statements made by Prine.
As for community stakeholders interviewed as part of the investigation, that section included comments from the NAACP, an African American pastor in the community and a redacted section from a Police Benevolent Association representative. A community forum also brought forth concerns from the public, including lack of trust in police and MPD not holding the public accountable.
Several recommendations were made throughout the report on how MPD responds to certain situations.
The following comments were added:
• Policies. The agency must establish policies that effectively govern the use of force and the reporting of use-of-force incidents.
• Training. The agency must train its officers to ensure that they all understand the policies' provisions and adhere to them.
• Monitoring. The agency must monitor use-of-force policy compliance by effective firstline supervision and by establishing and maintaining a system of reporting of all use of force incidents.
• Sanctions. The agency must be prepared to take prompt, effective action against officers who employ excessive force in violation of the agency's policies.
• Public Disclosure. The agency should issue reports on use of force in a summary manner that are available to the public. It has been demonstrated that transparency enhances public trust and indicates that an agency adheres to constitutional policing.
You can read the full report below.
To connect with the story's author or comment, email erica.thomas@1819news.com.
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