Zavaras: Spy file abuse a surprise; He believed policy was being followed in info gathering

By Owen S. Good, Rocky Mountain News

December 23, 2002

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Ari Zavaras gave a blanket defense Sunday for his presence in the Denver police "spy files" controversy as he moved to manage an issue that could follow him throughout his mayoral campaign.

Zavaras, a former chief of police and manager of safety, called a news conference to say that he was aware of police intelligence gathering - calling that a critical part of law enforcement - but not of the alleged abuses or excesses that are the subject of a federal civil lawsuit.

Zavaras said he expected that a 1984 policy regarding intelligence activity was followed while he was in charge, and if he had known it wasn't, "heads would have rolled."

Also, Zavaras offered a pre-emptive rebuke for those "who would politicize the issue."

But his mayoral opponents weren't about to give ground on the subject.

"I would hardly call this politicized," said Cody Wertz, spokesman for candidate Don Mares, currently the city auditor. "This is a policy issue about where the city draws the line between public safety concerns and protecting the people's constitutional rights. As the (manager of safety) he should have been more involved in the implementation of policies."

Zavaras said he put his faith in a policy that had been drafted three years before he become police chief in 1987.

"I had every expectation that the same manual or some version (of it) was in effect while I was manager of public safety," he said.

Nothing about the intelligence bureau's work during his tenure, as chief from 1987 to 1991 and safety manager from 2000 to June of this year, stuck out as being excessive, he said.

"Had I been aware of any (violations), I most assuredly would have taken corrective measures to protect honest citizens from unwarranted targeting or harassment," Zavaras said.

The 1984 policy prohibits collecting data on an individual "merely on the basis that such person supports unpopular causes."

The policy says investigators may gather information only "on those organizations and/or persons that advocate criminal conduct," or threatened, attempted or committed crimes.

The American Civil Liberties Union is suing the city, claiming that many of the files the Police Department kept on 208 groups and 3,277 people violate their civil liberties.

A review of intelligence files showed political activists had been monitored and some classified as criminal extremists.

Handled properly, police intelligence is a critical component of public safety, Zavaras said, especially in America since 9-11. He said that anyone who tries to capitalize on the controversy while the civil case is still being litigated "does a disservice to efforts on behalf of the safety and well-being of the people of Denver."

Candidate Phil Perington said this subject is appropriate for political discussion.

"If he didn't know this was taking place, then he probably didn't feel that it was a civil rights issue that was of any importance (at the time)," Perington said.

Candidate Susan Casey said Zavaras is on the hot seat for good reasons.

"He was chief and was director of safety, and so he has to respond to questions of his leadership in both roles," she said, "because that's what he's running on."

 

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