HomeMy WebLinkAbout07/12/2023 - Citizen Review Board - Agenda - Regular MeetingCITIZEN REVIEW BOARD (CiRB)
REGULAR MEETING
Wednesday, July 12, 2023, at 5:30 PM
222 Laporte Avenue, Colorado River Room (Main Floor)
This information is available in Spanish or other languages at no cost to a person who would
like this information translated or communicated in Spanish, or another language. Please call
(970)416-4254 or titlesix@fcgov.com to make a request for information in other languages.
Esta información está disponible en español u otro idioma, sin costo para la persona que le
gustaria esta información traducida o comunicada en español u otro idioma. Favor llame al
(9709)416-4254 o a titlesix@fcgov.com para solicitor información en otros idiomas.
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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. June 14, 2023
6. NEW BUSINESS
a. Rules of Procedure Discussion: Consider whether to adopt Rules of
Procedure, as drafted or with other amendments.
b. Voicemail: None
c. E-mail: None
d. Training: FCPS K9 Program
7. UNFINISHED BUSINESS
a. Boards and Commissions have been contacted in regard to decision memos.
8. BOARD MEMBER REPORTS
CITIZEN REVIEW BOARD (CiRB)
REGULAR MEETING
9. OTHER BUSINESS
10. ADJOURNMENT
CITIZEN REVIEW BOARD (CiRB)
REGULAR MEETING
Wednesday, June 14, 2023, at 5:30 PM
222 Laporte Avenue, Colorado River Room (Main Floor)
This information is available in Spanish or other languages at no cost to a person who would
like this information translated or communicated in Spanish, or another language. Please call
(970)416-4254 or titlesix@fcgov.com to make a request for information in other languages.
Esta información está disponible en español u otro idioma, sin costo para la persona que le
gustaria esta información traducida o comunicada en español u otro idioma. Favor llame al
(9709)416-4254 o a titlesix@fcgov.com para solicitor información 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 – Called to order by Shamera @ 5:32 PM
2. ROLL CALL
Board Members Present: Beth Grant, Shamera Loose, Sally Lee, Mike O’Malley,
Melissa Rosas, Allison Dineen
Board Members Absent: Michael Ruttenberg (excused)
Staff Members Present: Lieutenant Jeremy Yonce, Jenny Lopez Filkins, Jessica
Jones
3. AGENDA REVIEW – Shamera Loose
4. CITIZEN PARTICIPATION
a. Public Input – 5 minutes per individual (None)
5. APPROVAL OF MINUTES
a. The following correction was noted regarding the May minutes: Correct
spelling for Erica’s last name is Centeno. The voicemail from Andrew Lipp
was an outdated message that had already been reviewed.
b. Mike O’Malley moved to approve the May 2023 minutes, which was seconded
by Beth. May minutes approved by Rosas, Grant, Loose, and O’Malley with
the corrections noted above.
6. UNFINISHED BUSINESS
a. Changes have been made to where the CiRB subcommittee decisions are
CITIZEN REVIEW BOARD (CiRB)
REGULAR MEETING
kept online. These are now located at the bottom of the Citizen Review Board
site page and can be accessed by clicking on the CiRB Subcommittee link,
under “Miscellaneous”. Jessica Jones will reach out to the Boards and
Commissions Coordinator to find out if a direct link to subcommittee
documents can be placed on the Citizen Review Board site page and to learn
where any missing documents can be found.
7. NEW BUSINESS
a. Voicemail: Voicemail from Jake. Beth called him back and spoke to him.
Jake is concerned about what seems to be inconsistent application of the law
to protestors outside of Planned Parenthood. Beth recommended that he file
a complaint with FCPS.
b. E-mail: Email from Erica Centeno. Shamera emailed her back and provided
her with resources for filing a complaint with Larimer Department of Human
Services
c. Training: Homeless Outreach and Proactive Engagement (HOPE). Sergeant
Annie Hill gave a presentation about the new HOPE team and their work with
unhoused people to consolidate services and provide resources. The HOPE
team works with local organizations like the Murphy Center and Outreach Fort
Collins and other government agencies like the Sheriff’s Office, CSU,
Loveland PD, and PFA to build relationships with individuals who are
struggling with financial, mental, and substance abuse issues. They assist
with coordination in obtaining shelter, clothing, benefits, etc. The team can be
contacted at HOPE@fcgov.com or by calling the non-emergency number at
FCPS and asking to speak to a HOPE officer.
d. Introductory discussion: The goal is for the CiRB to adopt Rules of
Procedure to replace bylaws no longer in effect. CiRB has specific
procedures it follows when reviewing an administrative investigation.
Establishing Rules and Procedures is a method of ensuring that those rules
are documented. At the next meeting, after board members have had a
chance to review and email any legal questions to Jenny Lopez Filkins, the
CiRB agenda will include an agenda item on this topic.
8. BOARD MEMBER REPORTS – Sally attended a sit-along with 911 last month
9. OTHER BUSINESS (None)
10. ADJOURNMENT – Melissa moved to adjourn, seconded by Beth @ 6:33 PM
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BYLAWSRUL
ES OF
PROCEDURE
RULES OF
PROCEDURE
OFTHE
CITIZEN REVIEW BOARD
CITY OF FORT COLLINS, COLORADO
(Adopted February 8, 2006; Amended February 9, 2011, Amended February 10, 2016)
Article I - Introduction
1.1 The Citizen Review Board ("Board") was created by the City Council through the adoption
of Ordinance Number 76, 1998. This ordinance codified the creation of the Board at
Sections 2-136 through 2-142 of the City Code.
1.2 These Bylawsrules of procedure are intended to assist the Board in carrying out its functions
as set forth in Section 2-139 of the City Code and are specifically authorized by Section 2-141
of the City Code. 1n the event of inconsistency between these Bylawsrules of procedure and
the provisions of the City Code, the provisions of the City Code shall take precedence.
Article II - Officers
2.1 The officers of the Board shall be a chairperson and a vice chairperson. The Board shall
elect these officers from the membership of the Board for a term of one year. Members are
eligible for re-election. The election of the chairperson and the vice chairperson shall be held
during the annual meeting of the Board in March of each year, or as soon thereafter as
practicable.
2.22.1
2.32.2 A vacancy in the office of chairperson shall be filled automatically and temporarily by the vice
chairperson and a new chairperson shall be elected to fill the unexpired term at the next regular
meeting of the Board or as soon thereafter as practicable. A vacancy in the office of vice
chairperson shall be filled by election for the unexpired term at the next regular meeting of the
Board or as soon thereafter as practicable.
2.42.3 The chairperson shall preside at regular, special, and executive session meetings of the Board
and shall, subject to these Bylawsrules of procedure, decide points of procedure unless
otherwise directed by a majority of the Board members present at that meeting. The
chairperson shall be the spokesperson for the Board to City Council and to the public at
large.
Commented [JLF1]: This is covered by the Boards &
Commissions Manual adopted by the City Council.
2
2.52.4 The vice chairperson shall be responsible for assisting the chairperson in performing the
chairperson duties as assigned by the chairperson. The vice chairperson shall act in the role
of the chairperson in the chairperson's absence:
2.62.5 Each review subcommittee shall be headed by a subcommittee chairperson who shall be the
3
first member randomly selected for the subcommittee who is available and able to serve
without conflict, as set forth in section 2-138(d)568 of the City Code. The subcommittee
chairperson shall preside at regular, special, and executive session meetings of the
subcommittee and shall, subject to these Bylawsrules of procedure, decide points of procedure
unless otherwise directed by a majority of the subcommittee members present at that
meeting.
Article III - Meetings of Entire Board
3. 1 Regular meetings of the Board shall be held on the second Wednesday of each month or as
otherwise established by the Board at a regular meeting. The time and location of the
meetings shall be as determined by the Board at regular meetings.
3.2 Special meetings of the Board may be called by the chairperson, provided notice thereof is
given to all members not less than 72 hours in advance of the meeting. Notice shall be deemed
effective if delivered in writing to the member's home or business location as reflected in the
records of the City Clerk, if delivered verbally by direct communication or by leaving a
message at the member's home or business, or if the member attends the meeting.
3.3 All meetings of the Board shall be open to the public at all times, except that the Board, upon
the affirmative vote of two-thirds of the members present, may go into executive session for
the purpose of considering such matters as would be permissible for consideration by the
City Council in executive session as enumerated in Section 2-31 of the City Code, insofar as
such matters may be pertinent to the purposes for which the Board has been established by
the City Council. No final policy decision shall be made nor shall any resolution be passed
or other formal action taken by the Board in executive session. Public notice of the Board
meetings shall be provided as required in the City Code and in the Boards and Commissions
Manual.
3.4 A quorum of the Board shall consist of a majority of the members of the Board.
3.5 All business of the Board and the review subcommittees shall be conducted at a meeting of
the Board or at a meeting of the review subcommittees.
3.6 Minutes of the meetings shall be kept by City staff and provided to the Board for its
approval.
Article IV - Meetings of the Review Subcommittees
4.1 Meetings of a review subcommittee shall be called by the subcommittee chairperson who shall
provide not less than 24 hours advance notice to each member of the subcommittee, including
the substitute member. Notice shall be deemed effective if delivered in writing to the
subcommittee member's home or business location as reflected in the records of the City Clerk,
if delivered verbally by direct communication or by leaving a message at the
Commented [JLF2]: These topics are covered by City
Code Section 2-72.
Commented [JLF3]: This is covered by City Code
Sections 2-71 and 2-72.
Commented [JLF4]: This is covered by City Code
Sections 2-71 and 2-72.
4
member's home or business, or if the member attends the subcommittee meeting. Public
notice of the subcommittee meetings shall be provided as required in the City Code and the
Boards and Commissions Manual.
4.2 All meetings of the review subcommittees shall be open to the public at all times, except that
the subcommittee shall meet in executive session for the purpose of receiving and considering
evidence relating to internal investigations conducted by the Office of Police Services unless
the police officer(s) or community service officer(s) against whom the complaint is filed
requests that the matter be considered in open session. If snch a request is made, the
subcommittee shall determine the extent to which the consideration and discussion of evidence
will occur in open session. In making this determination, the subcommittee shall consider the
extent to which the consideration and discussion will directly concern personnel matters of the
officer(s), the need to maintain the confidentiality of information in circumstances where the
public dissemination of the information would do substantial iqjury to the public interest and
any other restraints upon public dissemination imposed by law. Additionally, the
subcommittee, upon the affirmative vote of two-thirds of the quorum present, may go into
executive session for the purpose of considering such matters as would be permissible for
consideration by the City Council in executive session as enumerated in Section 2-31 of the
City Code, insofar as such matters may be pertinent to the purposes for which the subcommittee
has been established by the City Council. No final policy decision shall be made nor shall any
resolution be passed or other formal action talcen by the Subcommittee in executive session.
4.34.2 Because of the importance of having all members of the review subcommittee present to
consider and discuss information at all subcommittee meetings, a quorum of a review
subcommittee shall consist of all three regular members and the substitute member of the
review subcommittee unless one or more members withdraw from service on the
subcommittee due to a conflict or unavailability, in which case a quorum shall consist of all
those remaining members. The substitute subcommittee member shall be deemed to be a
regular member upon the withdrawal of a regular member due to conflict or unavailability.
A regular or substitute member of the subcommittee shall be deemed to have withdrawn
from the subcommittee because of unavailability if the member fails for any reason to be
present at any meeting of the subcommittee and the regular members who are present for the
meeting unanimously choose to proceed with the meeting in the absence of the regular or
substitute member.
4.44.3 Minutes of the public portions of subcommittee meetings shall be kept by a member of the
subcommittee designated by the subcommittee chairperson. Minutes must be approved by a
majority of the regular subcommittee members and such approval may occur at a meeting of
the subcommittee or at a meeting of the Board. Once approved, the minutes will be filed with
the City Clerk's Office.
Commented [JLF5]: This is covered by City Code
Sections 2-72 (b)(2) and various subsections of 2-144.
5
Article V - Subcommittee Procedures
5.1 Selection of Review Subcommittee. The chairperson of the Board shall randomly select
four (4) members of the Board to serve on each review subcommittee. The entire Board
membership will be in the selection pool for each subcommittee selection process. Upon the
chairperson's selection of the members to serve on a review subcommittee, the Fort Collins
Police Services liaison will contact each selected member and determine whether or not the
member is available and able, without conflict, to serve on the subcommittee. I f a member is
unable to serve due to unavailability or a conflict, the chairperson will instruct the member to
complete and file with the City Clerk a Conflict of Interest Disclosure Statement (form
contained in the Boards and Commissions Manual), if applicable, and the chairperson will
then notify the next randomly selected member to serve on the subcommittee. No
replacement members shall be selected to serve on a subcommittee once the subcommittee
has met and considered or discussed information concerning an investigation file. The first
member randomly selected for the subcommittee who is available and able to serve without
conflict shall be the review subcommittee chairperson. The first three members randomly
selected for the subcommittee who are available and able to serve without conflict shall be
the regular members of the subcommittee. The fourth member randomly selected for the
subcommittee who is available and able to serve without conflict shall be the substitute
subcommittee member.
5.2 Subcommittee Operation. The subcommittee chairperson shall be responsible [or
scheduling the first meeting of a review subcommittee pursuant to the provisions of Section 1
of Article IV, above. At the time that the subcommittee chairperson schedules the first
meeting of the subcommittee, the chairperson will request that the staff liaison for the Board
notify any police officers or community service officers who are the focus of a complainant's
allegations of misconduct of their rights to request that the review be conducted in open
sessions. The subcommittee chairperson, or the chairperson's designee, may, at his or her
discretion, attempt to notify the complainant of any meeting of the subcommittee either by
telephone, electronic mail, in writing, or in person. The subcommittee chairperson shall be
responsible for ensuring that the work of the subcommittee is completed within the time
constraints imposed by the City Code. For purposes of complying with those time
constraints, the investigatory file shall be deemed to have been submitted to the
subcommittee when it has been delivered to the last of the four members of the
subcommittee. Each meeting of the review subcommittee shall commence and be conducted
in public session except that the subcommittee may adjourn into executive session pursuant
to the provisions of Section 2, Article IV, abovethe applicable sections of the City Code.
Each member of the review subcommittee shall be provided with a copy of the Police
Services internal investigation file prior to the first meeting of the subcommittee. Delivery
of the file shall be by personal delivery or by delivery to the members' homes or businesses.
Each subcommittee member shall maintain the confidentiality of the file at all times, except
as otherwise provided herein. At its first meeting, the subcommittee shall commence its
review of the internal investigation file and attempt to determine whether it will be
necessary to request testimony or additional
6
information from the complainant, witnesses and/or police investigators. The subcommittee
chairperson shall be responsible for ensuring that the review report submitted to the City
Manager and the Chief of Police is also conveyed to the complainant either through Police
Services or directly from the subcommittee.
5.3 Role of Substitute Member. The substitute member shall be allowed to participate in
subcommittee discussion and questioning during the subcommittee meetings, including
executive sessions; however, the substitute member shall only be allowed to move and vote on
subcommittee matters if the substitute has become a regular subcommittee member. Upon the
withdrawal of a regular member from the subcommittee due to conflict or unavailability as
defined in Article IV, Section 3 above, the substitute subcommittee member shall become a
regular member of the subcommittee.
5.4 Review of Internal Investigation. In reviewing the sufficiency and accuracy of the internal
investigation, the review subcommittee shall only consider the information which comes
before it or is brought to its attention through the Office of Police Services investigatory file
or at a meeting of the subcommittee. Any persons who attempt to provide information to
individual members of the subcommittee outside of the meeting of the subcommittee shall be asked
by the contacted subcommittee member to appear at a subcommittee meeting and/or provide
the information in writing so that the entire subcommittee can make a determination as to
whether or not to request that the Office of Police Services further investigate the matter.
Any subcommittee member who feels threatened or harassed by any person may report the
incident to the Board’s staff liaison, Police Services, and the City Attorney’s Office.
Article VI - Amendments
6.1 These Bylawsrules of procedure may be amended by a two-thirds vote of the entire membership
of the Board at any regular meeting provided that (a) notice in writing of such proposed
amendment has been given to each Board member at least ten (10) days prior to such meeting
or provided that such amendment was read or provided in writing at the last preceding regular
meeting of the Board and (b) such amendment is consistent with the City Charter, City Code
and Boards and Commissions Manual adopted by the City Council.
Approved this ___ day of __________, 2023, by the Citizen Review Board.
____________________________________________
Chairperson