HomeMy WebLinkAbout01/11/2023 - Citizen Review Board - Agenda - Regular Meeting AGENDA Fort Collins
CITY OF FORT COLLINS• BOARDS AND COMMISSIONS Commissions
CITIZEN REVIEW BOARD (CiRB)
REGULAR MEETING
Wednesday, January 11, 2023, at 5:30 p.m.
222 Laporte Avenue, Colorado River Room (main floor)
This information is available in Spanish or other language at no cost to a person who would
like this information translated to or communicated in Spanish or other language. Please call
416-4254 or titlesix(a)fcgov.com to make a request for information in other languages.
Esta informaci6n esta disponible en espanol u otro idioma, sin costo para la persona que le
gustarfa esta informaci6n traducida o comunicada en espanol u otro idioma. Favor flame al
416-4254 o a titlesix(c_fcgov.com para solicitarinformaci6n en otros idiomas.
Auxiliary aids and services are available for persons with disabilities. TTY: please use 711 to call
970.221.6753.
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA REVIEW
4. CITIZEN PARTICIPATION
a. Public Input— 5 minutes per individual
5. APPROVAL OF MINUTES
a. December 14, 2022, Meeting
b. November 21, 2022, PSU2022-032 Subcommittee Minutes
c. November 9, 2022, PSU2022-033 Subcommittee Minutes
d. December 14, 2022, PSU2022-038
6. UNFINISHED BUSINESS
7. NEW BUSINESS
a. Voicemail: None
b. E-mail: Tom Powers
c. Training: Legal Training by Jenny Lopez-Filkins, Sr. Assistant City Attorney
d. 2022 Annual Report
8. BOARD MEMBER REPORTS
9. OTHER BUSINESS
10. ADJOURNMENT
MINUTES Fort Collins
CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions
CITIZEN REVIEW BOARD (CRB)
REGULAR MEETING
Wednesday, December 14, 2022, at 5:30 p.m.
222 Laporte Avenue, Colorado River Room (main floor)
This information is available in Spanish or other language at no cost to a person who would
like this information translated to or communicated in Spanish or other language. Please call
416-4254 or titlesix@fcgov.com to make a request for information in other languages. Esta
informacion esta disponible en espanol u otro idioma, sin costo para la persona que le
gustaria esta informacion traducida o comunicada en espanol u otro idioma. Favor Ilame al
416-4254 o a titlesix@fcgov.com para solicitar informacion en otros idiomas. Auxiliary aids
and services are available for persons with disabilities. TTY: please use 711 to call
970.221.6753.
1. CALL TO ORDER Melissa Rojas called meeting to order at 5:36 pm
a. Introduction of newly appointed board members:
Michael Ruttenberg
Mike O'Malley
2. ROLL CALL
Present: Melissa Rojas, Beth Grant, Allison Dineen, Sally Lee, Shamera Loose
Board Members Absent: Michael Ruttenberg
Staff Members Present: Sgt. Kim Cochran-Ward, Sr. Asst District Attorney Jenny Lopez
Filkins, Christine Macrina
3. AGENDA REVIEW— Melissa stated approval of minutes for November 24,2022
PSU2022-032 and PSU2022-033 be delayed until January 2023 meeting due to
possible changes and updates.
4. CITIZEN PARTICIPATION
a. Public Input — 5 minutes per individual (None)
5. APPROVAL OF MINUTES
a. November 9, 2022 - motion to approve by Shamera, seconded by Beth. - passed
unanimously by all those who attended the November meeting.
b. November 24, 2022, PSU2022-032 Subcommittee Minutes — delayed until January 2023
6. UNFINISHED BUSINESS (None)
7. NEW BUSINESS
a. Voicemail: None
b. E-mail: None
c. Training: None
8. BOARD MEMBER REPORTS (None)
9. OTHER BUSINESS
a. Jenny Lopez Filkins wanted to provide training for board members regarding how this
board should work, the rules and procedures regarding case reviews etc. Training was
suggested and approved for all members at next meeting on January 11, 2023.
b. Sgt. Cochran advised that to schedule a sit-along with 911 to email to:
sitwithFC911�fcgov.com. Be sure to put in the subject line that you are on citizen
review board.
c. 2023 annual report due January 31, 2023, and needs to be completed and approved
during January 11, 2023, meeting.
10. ADJOURNMENT Melissa Rojas adjourned meeting at 6:02 pm.
Citizen Review Board (CIRB) Subcommittee Meeting PSU2022-038 follows adjournment of
the regular scheduled meeting.
CITY OF FORT COLLINS 222 Laporte Ave,Fort Collins, CO 80521,USA
CITIZEN REVIEW BOARD (970)416-2707 crbkfcgov.com
Citizen Review Board Subcommittee Meeting Minutes
Date: November 21,2022
Case PSU2022-032
Present: Elizabeth Grant, Subcommittee Chair;Allison Dineen, Subcommittee Member; Sally Lee, Subcommittee
Member; Shamera Loose,Alternate Member
Absent: None
Staff: Aaron Guin,Assistant City of Fort Collins Attorney
Kim Cochran, Sergeant,Internal Affairs,Fort Collins Police Services
Call to Order: The subcommittee meeting was called to order at 10:07 am by Chairperson Elizabeth Grant. It was noted
that there were no citizens or other attendees and no absences.
Case PSU2022-032: Chairperson Elizabeth Grant advised that pursuant to the provisions of Sections 2-144 of the Code of
the City of Fort Collins,the Citizens Review Board Subcommittee would undertake a review of an
Internal Affairs administrative investigation conducted by the Office of Police Services, Case No.
PSU2022-032,relating to the conduct by police officers allegedly in violation of administrative policy or
applicable law.
Executive Session: Prior to entering Executive Session.At 10:07 am a motion made by Chairperson Elizabeth Grant,
As authorized by City Code section 2-144(f) (7), I move to go into executive session for the purpose of receiving and
considering evidence relating to internal investigation number PSU 2022-032 conducted by Police Services, and for the
purpose of meeting with the Assistant City Attorney to receive legal advice regarding the manner in which the
subcommittee's actions may be affected by existing law. Please note that no formal action or decision will be made in
executive session,motion was seconded by Allison Dineen, and unanimously approved by the committee.
Executive Session: Called to order at 10:10 am for comments.
It is November 21,2022, and the time is 10:11 am. For the record, I am the presiding officer of the Citizens Review Boar,
Elizabeth Grant,we are now in executive session.
To the extent required by the Colorado Open Meetings Law,this executive session is being electronically recorded.
Also present at this executive session are the following persons: Elizabeth Grant,Allison Dineen, Sally Lee, Shamera
Loose,Aaron Guin, and Kim Cochran.
Each participant is to confine all discussion to the stated purpose of the executive session, and no final legislative action
may occur in the executive session.
If at any given point in the executive session any participant believes that the discussion is going outside the proper scope
of the executive session,please interrupt the discussion and make an objection.
Considerations: Reviewed IA report allegations. Subcommittee discussed aspects of the case that related to each
allegation.
Adjournment: A motion was made by Allison Dineen, and seconded by Sally Lee, and approved unanimously to
adjourn at 10:23 am and move into regular session. The participants in the executive session were: Elizabeth Grant,
Allison Dineen, Sally Lee, Shamera Loose,Aaron Guin, and Kim Cochran.
Any information provided in executive session is require by City Code to be maintained as confidential both in regular
session of the Citizens Review Board and in general.
Citizen Review Board Subcommittee Meeting Minutes In Regular Session
Date: November 21,2022
Case PSU2022-032
Present: Elizabeth Grant, Subcommittee Chair;Allison Dineen, Subcommittee Member; Sally Lee, Subcommittee
Member; Shamera Loose,Alternate Member
Absent: None
Staff: Aaron Guin,Assistant City of Fort Collins Attorney
Kim Cochran, Sergeant,Internal Affairs,Fort Collins Police Services
Call to Order: The subcommittee meeting was called to order at 10:24 am by Chairperson Elizabeth Grant. It was noted
that there were no citizens or other attendees and no absences.
For the allegation of:
1. Expectations of Conduct,Policy 340.3 (m);Use of unnecessary force in the performance of duty or the mental or
physical abuse of any person in custody.
Allison Deneen put forth a motion to EXONERATE all officers, Sally Lee, seconded the motion. The motion was
voted on and unanimously approved.
2. Expectations of Conduct,Policy 340.3 (s); Violating the constitutional rights of any individual.
Elizabeth Grant put forth a motion to EXONERATE all officers,Allison Dineen seconded the motion. The motion
was voted on and unanimously approved.
3. Application of Spit Hoods,Policy 306.5; They are generally used during application of a physical restraint,while the
person is restrained,or during or after transport.
• Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or
transmitting fluids(saliva and mucous)to others.
• Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit,
either on a person or in an inappropriate place.
Allison Dineen put forth a motion to EXONERATE all officers,Elizabeth Grant, seconded the motion. The motion
was voted on and unanimously approved.
Adjournment: A motion was made by Elizabeth Grant, seconded by Allison Dineen, and approved unanimously to
adjourn at 10:26 am.
Elizabeth Grant, Subcommittee Chair
Date:
File: CRB Subcommittee Minutes
CITY OF FORT COLLINS 300 LaPorte Avenue,P.O.Box 580 * Fort Collins, Colorado 80522-0580
CITIZEN REVIEW BOARD (970) 416-2707 crbkfcgov.com
Citizen Review Board Subcommittee Meeting Minutes
Date November 9,2022
Case PSU2022-033
Present: Elizabeth Grant, Subcommittee Chair; Shamera Loose, Subcommittee Member;Melissa Rosas,
Subcommittee Member;Allison Dineen,Alternate Member
Absent: None
Staff: Aaron Guin,Fort Collins Assistant City Attorney
Frank Barrett,Fort Collins Police Services Professional Standards Unit Lieutenant
Kim Cochran, Sergeant,Internal Affairs,Fort Collins Police Services
Call to Order: The subcommittee meeting was called to order at 7:05pm by Chairperson Elizabeth Grant. It was
noted that there were no citizens or other attendees and no absences.
Case PSU2022-033: Chairperson Elizabeth Grant advised that pursuant to the provisions of Sections 2-144 of the
Code of the City of Fort Collins,the Citizens Review Board Subcommittee would undertake a
review of an internal investigation conducted by the Office of Police Services, Case No.
PSU2022-033.
Executive Session: Prior to entering Executive Session.At 7:08pm a motion made by Chairperson Elizabeth
Grant was made as authorized by City Code Section 2-144(f)(7) as to go into executive session for the purpose of
receiving and considering evidence relating to internal investigation number PSU 2022-033 conducted by Police
Services, and for the purpose of meeting with the City Attorney to receive legal advice regarding the manner in
which the subcommittee's actions may be affected by existing law. Motion was seconded by Melissa Rosas and
unanimously approved by the Subcommittee.
Executive Session: Called to order at 7:09 p.m.to receive and consider evidence relating to internal investigation
number PSU 2022-033 conducted by Police Services,and for the purpose of meeting with the City Attorney to
receive legal advice regarding the manner in which the subcommittee's actions may be affected by existing law .
Adjournment of Executive Session: A motion to adjourn the executive session was made by Melissa Rosas
and seconded by Shamera Loose, and approved unanimously at 7:45pm.
Call to Order: After conclusion of the executive session,the Subcommittee meeting was called to order at 7:48
pm by Chairperson Elizabeth Grant, and the floor was open to discussion and vote.
For the allegation of:
1. Expectations of Conduct,Policy 340.3 (g) Conduct that May Result in Discipline-
(g)Violation of a City ordinance or state or federal statute.
Elizabeth Grant made a motion to agree with the administrative investigation's finding that the officer was
EXONERATED.. Melisa Rosas seconded the motion. A vote was taken, and the motion passed 3-0.
2. Expectations of Conduct,Policy 340.3.3 Discrimination,Oppression,Harassment,or Favoritism-
Prohibited behavior includes discrimination,oppression,or favoritism of any person because of
age,race, color or creed,religion,sex,sexual orientation,national origin,ancestry,marital status,
physical or mental disability or medical condition,or intentionally denying or impeding another in
the exercise or enjoyment of any right,privilege,power,or immunity,with the knowledge that the
conduct is prohibited.
Elizabeth Grant made a motion to agree with the administrative investigation's finding that the officer was
EXONERATED. Shamera Loose seconded the motion. A vote was taken, and the motion passed unanimously,
3-0..
3. Expectations of Conduct,Policy 340.3.5: Performance
(b) The falsification of any work-related records,the making of misleading entries or statements
with the intent to deceive or the willful and unauthorized removal, alteration,destruction and/or
mutilation of any physical/digital Agency record,public record,book,or paper document.
Elizabeth Grant moved to EXONERATE the officer,Melisa Rosas seconded the motion. A vote was taken, and
the motion passed unanimously, 3-0.
4. Expectations of Conduct,Policy 340.3.2(c)(2.) : Conduct
(c)Employees shall answer requests for information and provide requested assistance or aid the
person in identifying a source for the information or assistance.
(2)Employees will conduct complete investigations and necessary follow-up as required.
Melissa Rosas made a motion to agree with the administrative investigating officer's finding that the allegation
against the officer was SUSTAINED. Elizabeth Grant seconded the motion.A vote was taken, and the motion
passed unanimously, 3-0.
Adjournment: A motion to adjourn the Subcommittee meeting was made by Elizabeth Grant and seconded by
Melisa Rosas. A vote was taken and the motion to adjourn was approved unanimously at 8:05 p.m.
Elizabeth Grant, Subcommittee Chair
Date:
File: CRB Subcommittee Minutes
CITY OF FORT COLLINS 300 LaPorte Avenue,P.O.Box 580 * Fort Collins, Colorado 80522-0580
CITIZEN REVIEW BOARD (970) 416-2707 crbkfcgov.com
Citizen Review Board Subcommittee Meeting Minutes
Date December 14,2022
Case PSU2022-038
Present: Elizabeth Grant, Subcommittee Chair; Shamera Loose, Subcommittee Member;Melissa Rosas,
Subcommittee Member;Allison Dineen,Alternate Member
Absent: None
Staff: Jenny Lopez Filkins,Fort Collins Sr. Assistant City Attorney
Kim Cochran, Sergeant,Internal Affairs,Fort Collins Police Services
Call to Order: The subcommittee meeting was called to order at 6:07pm by Chairperson Elizabeth Grant. It was
noted that there were no citizens or other attendees and no absences.
Case PSU2022-038: Chairperson Elizabeth Grant advised that pursuant to the provisions of Sections 2-144 of the
Code of the City of Fort Collins,the Citizens Review Board Subcommittee would undertake a
review of an internal investigation conducted by the Office of Police Services, Case No.
PSU2022-038.
Executive Session: Prior to entering Executive Session. At 6:10 pm a motion made by Melissa Rosas was
made as authorized by City Code Section 2-144(f)(7)as to go into executive session for the purpose of receiving
and considering evidence relating to internal investigation number PSU2022-038 conducted by Police Services,
and for the purpose of meeting with the City Attorney to receive legal advice regarding the manner in which the
subcommittee's actions may be affected by existing law. Motion was seconded by Shamera Loose and
unanimously approved by the Subcommittee.
Executive Session: Called to order at 6:12 p.m. to receive and consider evidence relating to internal investigation
number PSU 2022-038 conducted by Police Services,and for the purpose of meeting with the City Attorney to
receive legal advice regarding the manner in which the subcommittee's actions may be affected by existing law.
Elizabeth Grant made a motion to return to open session at 6:18 p.m. Shamera Loose seconded.
Call to Order: After conclusion of the executive session,the Subcommittee meeting was called to order at 6:19
pm by Chairperson Elizabeth Grant, and the floor was open to discussion and vote.
For the allegation of:
1. Policy 300—Response to Resistance
-Multiple Sections
Melisa Rosas made a motion to agree with the administrative investigation's finding that the officer was
EXONERATED. Elizabeth Grant seconded the motion. A vote was taken and the motion passed unanimously.
2. Expectations of Conduct,Policy 340.3(b)
-Violation of any Agency or City Policy,procedure,directive,rule or order.Employees are
expected to familiarize themselves with this Manual and any other written Directives,Policies or
procedures of the Agency and the City.
Shamera Loose made a motion to agree with the administrative investigation's finding that the officer was
EXONERATED. Elizabeth Grant seconded the motion. A vote was taken, and the motion passed unanimously.
Adjournment: A motion to adjourn the Subcommittee meeting was made by Elizabeth Grant and seconded by
Melisa Rosas. A vote was taken and the motion to adjourn was approved unanimously at 6:23 p.m.
Elizabeth Grant, Subcommittee Chair
Date:
File: CRB Subcommittee Minutes
Christine Macrina
From: Tom Powers <tom@astorinvestigations.com>
Sent: Wednesday,January 4, 2023 1:21 PM
To: CRB
Subject: [EXTERNAL] Administrative Investigation Report
Hello,
I am a Colorado Alternate Defense Counsel Investigator. I am investigating docket 22CR1371,which resulted in an
officer-involved shooting on 9/2/22. 1 would like to receive a copy of the Administrative Investigation Report generated
for the OIS involving FCPD Officer Phillip Selgren, generated under incident number FC22-012075.
Any information or assistance you could provide would be greatly appreciated.
Thank you for your time,
Tom
Tom Powers
Owner& Lead Investigator
Astor Investigations, LLC
117 E. 37th Street Ste. 331
Loveland, CO 80538
303-910-4625
www.astorinvestigations.com