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monday, apri! 28, 1975 !inco!n, nebraska voL 98 no. 119
rucKner s recommendations causina connicr
By Ron Wylie v
Countermeasure officers Mike Garnett and Mike
Williams are spending more time at the police station
these days, and say they are enjoying it less.
Garnett and Williams, members of the Lincoln
Police Department's Countermeasure team engaged in
selective enforcement against the city's drinking
drivers, report they now spend about an hour and
one-half to process a driving-while-intoxicated (DWI)
suspect. Prior to recent procedural changes
recommended in attorney James Bruckner's
investigation report to the City Council, the arrest
and booking process took about 45 minutes.
Under the new policy, police give a DWI suspect
30 minutes to contact an attorney, which Garnett
said is "a privilege we're extending to them, not a
right."
Once contacted, the attorney always advises the
suspect to take the test, Williams said.
Suspects also have a chance to contact a physician
to make a confirming blood, breath or urine test if
the police test indicates a .10 per cent blood alcohol
content.
Stalling tactics
Williams said the new procedures have led to
stalling tactics on the part of suspects.
"We watch them go slowly through the phone
book, or sometimes sit there and tear pages out," he
said.
In one instance, Williams said a suspect selected
physicians at random by poking his finger to a spot
Corrections
There are several corrections to be made in the
Modern Guide to Buying, Inc. story which ran in the
Daily Nebraskan, April 21 .
According to Jim Beasley, the buying service
division manager, the average family not an individual
member, can save an average of $1 ,000 a year. ...
If a buying service member make 3 a purchase
through the organization and then discovers he could
have bought the item for less at a local store, the
service offers double the difference in price to the
member, not double the money back as stated in the
article, Beasley said.
According to Beasley, the initial membership fee
of $400 does not guarantee membership for ten years
as stated in the article.
Beasley also said information regarding the interest
charged on the balance of the membership fee due is
mentioned in the sales pitch, contrary to the
information in the story.
on the telephone directory page. On his first stab, the
suspect picked a pediatrician who refused to come to
the station because he only treated patients through
the age of 12, Williams said. On his second try, the
DWI suspect selected a gynecologist.
"After hitting doctors for both women and
children, the guy figured he was never going to get
the job done and quit," Williams reported.
"The new procedures are here to stay," Garnett
said, but added, "this hasn't convinced the people we
have to deal with that they're getting a better deal."
Countermeasures Sgt. John Briggs declared the
new system "a headache we could do without."
More conflict
The Bruckner recommendations have slowed down
arrest procedures and caused more conflict between
officers and offenders, he said.
"I'm tired of this squad being in the news," Briggs
said, contending that the limelight had not helped his
officers in the regular conduct of their jobs.
Lincoln police adopted the new procedures at the
direction of Mayor Sam Schwartzkopf one week after
Bruckner issued his investigation report and
recommendations.
The five major changes Bruckner listed included:
release of the DWI suspect to a responsible person
rather than spending time in the holding cell for
drunks; allowance of 30 minutes to contact an
attorney to clarify the suspect's questions about legal
rights; and ending the policy of towing the suspect's
car to the police parking area. Now automobiles are
simply parked out of the way of traffic or turned
over to a responsible person.
Abolish bulletin board
Bruckner also recommended stricter in-station
efforts to cut down on "bad arrests," and the
abolishment of a departmental bulletin board list
ranking officers by the number of arrests each made.
Referring to the 30-minute period allowing a
suspect to contact an attorney, Bruckner's report
states that such a delay does not cause problems in
enforcement.
Acting Police Chief Dale Adams at first reacted
with skepticism toward the recommendations to allot
30 minutes to contact an attorney and to leave a DWI
suspect's car parked on the street. Adams was also
critical of releasing DWI suspects before they had a
chance to sober up. But Adams said he has complied
with the mayor's directive to institute all five of the
Bruckner report's recommendations.
Citizens' reaction
Adams estimated 60 per cent of all DWI suspects
will now be released to a relative, friend or attorney.
Such persons will have to sign a release form, he said,
which obliges the individual to be responsible for
taking the arrested person home, but there is no
attached legal liability for violations which may be
committed by the person released.
Citizens' reactions to the Bruckner investigation
vary. Some, like Goodyear employe Jack Woodford
said he has heard a lot of talk ever the years about
police abuse but has never personally seen any
harassment or wrongdoing by police officers. He said
the findings of the Bruckner report coincided with his
own observations.
Lincoln salesman Martin Hall said he hoped the
recommendations wouldn't bind police and create
dissatisfaction among officers.
Other area residents who asked to remain
anonymous said the Bruckner investigation failed to
arrive at the truth because people who have
information concerning abusive police tactics are
afraid to come forth and identify themselves.
Effectiveness questioned
In a front page editorial last week, the biweekly
Nebraska Dispatch declared the Bruckner
recommendations are "meaningless in the context of
the aggressive alcohol program that is the real root of
the problem in Lincoln."
The Dispatch charged Bruckner failed "to
distinguish between official LPD policy and de facto
procedures."
On campus, UNL student Ernst Deems questioned
the effectiveness of a report based solely on
testimony from people who sought out Bruckner.
. "I think a real investigation of the police would
have to involve a lot of digging beyond the obvious,"
he said.
Deems opinion was supported by sociology major
Avery Campbell who declared "The whole process of
taking information was established to eliminate
criticism of the police. Who would trust the City
Council chambers 'setup to say something really
adverse about the city administration?"
But Dennis Lowery defended the report, saying
"Everyone had their opportunity, and for the most
part Bruckner got to what was offending people. His
recommendations took care of that."
Engineering student Frank Young said he believes
that Lincoln's alcohol safety program compared
favorably with other cities and that the Bruckner
investigation helped citizens understand the problems
involved with any law enforcement drive which
treated everyone as equal.
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Photo by Tw Kirk
D.B. Varner, University of Nebraska president
Lack of data causes
funding report delay
By Jim Zalewski
As of Saturday, the Governor's Commission on University
Funding still had not sent its report and recommendations to the
governor.
The report, which was originally due January 1, was intended to
include financial comparisons and recommendations to help
determine the 1975-76 UNL budget.
Chairman Gus Leiske said the delay was necessary to provide
adequate data.
NU FicsiJeut D.B. Vainer said he has not seen the entire report,
but is eager to read the recommendations.
The formula used by the commission, Varner said, included two
parts. One part deals wtih the total per capita expenditures by the
state for specific budget items. The other part seeks to put UNL
financing at a level relative to other Big 8 schools.
Part of the report, which was released in the Lincoln Journal,
said the commission had scaled down the increased requirement for
the Institute of Agriculture and Natural Resources from $7.7
million to $3.49 million.
The reduction, as stated in the report, was necessary in order to
comply with the "ability to pay" clause of the formula.
UNL was represented on the commission by Executive
Vice-President William Erskine and Jim O'Hanlon, coordinator of
freshman affairs. Both voted against using the formula on a
continuing basis.
O'Hanlon said he felt uncomfortable making recommendations
based on the limited data available. He also objected to basing UNL
spending on what other states spend.
The report states it "doesn't eliminate the need for budget
analysis by the executive and legislative branches."
Varner said he thinks the recommendations have not been taken
seriously, but they should be.
"I'm certainly anxious to sec the total report," he said. "When
it is released, I imagine Governor Exon will want to meet with me
to further discuss the matter."