State College mayor explains why he will not sign ordinance establishing ‘COB’ overseeing police
State College Mayor Ron Filippelli announced publicly Thursday that he does not intend to sign the ordinance establishing the Community Oversight Board — a civilian board overseeing local police — due to a disagreement over critical race theory, one of the required training elements for future board members.
Filippelli’s decision is more a statement, or a matter of principle, than it is practical. By not signing the ordinance, it simply becomes law after 14 days as opposed to immediately with his signature.
The mayor said he chose not to veto the ordinance because he felt it inappropriate since he was appointed, not elected. But, even with a veto, council would need only five votes at a future meeting to override it — and it voted 7-0 Monday night to pass the ordinance establishing the COB.
“As a professional historian, I cannot accept the idea that borough council, no matter how good the intentions, has chosen to embed in a law one particular body of historical theory that members of a public board must be exposed to,” Filippelli said Thursday in a written statement, referring to critical race theory, which holds racism is embedded in social institutions and legal systems. “This should not be done in a democracy. Furthermore, the municipality should not be put in this position. It should not be seen as taking ideological positions.”
Filiippelli, a longtime historian who’s authored four books, said during Monday’s council meeting that he agrees with much of the theory, known as CRT for short. When Councilman Evan Myers delivered a passionate speech about its need Monday, outlining the history of redlining and recent stories of racism, Filippelli said he didn’t disagree with anything Myers said.
But history is never settled, the mayor added. He chided those who oppose the theory by seeing it “in a cartoonish version for political purposes” and clarified he didn’t see it that same way. He simply didn’t think a theory of history should be embedded into law.
“It is, in large measure, good scholarship, and I agree with much of it,” Filippelli said about CRT. “But it is one of many theories that deal with the impact of slavery and racism in American history. Many American historians endorse CRT. But also, some American historians of all races have expressed disagreement with elements of CRT.
“It is contested history, as are all theories of history.”
Critical race theory is a small part of the nine-page ordinance, and it merits just a single mention in a 62-page report from the study committee that looked into the idea of a COB. Its only application to the ordinance falls under the training of the nine-member board.
Besides CRT, other training elements required under the ordinance include participation in the Citizens Police Academy; information on civil rights law, the 4th Amendment, state use-of-force laws; implicit bias, cultural competency; department training practices, etc.
The Centre Daily Times reached out to all seven State College Borough Council members Thursday afternoon for comment, via both email and phone. Three responded in time for publication: Myers, Deanna Behring and Council President Jesse Barlow.
“The expert and exhaustive work done by the Ad Hoc Community Oversight Board Study Committee that represented a cross section of local views, the wording of the COB Ordinance itself and the unanimous vote by Council to pass the COB speak for themselves,” Myers said in a written statement.
Said Barlow: “The mayor feels strongly about this. The council feels strongly that it should remain, that the ordinance should stand, and the suggestion came from the Ad Hoc study committee. There are three attorneys on that committee — and one historian, actually — and they’re pretty familiar with how critical race theory fits into historical and legal context. It doesn’t ask the members to agree with critical race theory or everything on the subject already said.”
CRT was poised to become a training element since at least December. Countless work sessions, hearings and meetings have been held since then — but most public opposition on the training didn’t arise until a heated July 28 meeting that featured shouting, walkouts, and more.
It wasn’t clear when the mayor first made his opinion known. But Behring alluded to the fact he could have voiced his concern earlier.
“While I respect the mayor’s decision and his long career as a professional historian, I stand by the current language in the ordinance as recommended by the professional, knowledgeable, and capable members of the Ad Hoc (Study) Committee,” she wrote. “The committee, created more than a year ago in July 2020, presented council with a report in December 2020. Discussions have been underway since then for the past eight months. The experts on the committee and in the community have weighed in. All, including the mayor, have had ample time to share their views.”
Filippelli, who does not have a vote on council, reiterated in a Thursday statement that he largely supports the creation of the COB. With the exception of the mention of CRT, he believes the ordinance will “ensure transparency and build trust and positive relationships with all segments of the community.”
But he drew a line, refusing to endorse an ordinance that includes a historical theory into a municipal law.
Barring a change of heart from Filippelli, the ordinance establishing the COB will officially become law Aug. 31, 14 days after council passed it. The board is then expected to be formed by October after borough council appoints the members and borough staff hires a board coordinator.
