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HomeMy WebLinkAbout01/10/2024 - Citizen Review Board - Agenda - Regular Meeting AGENDA Fort Collins Boards& CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, January 10, 2024, 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(c�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 llame al (970)416-4254 o a titlesix(cD_fcgov.com para solicitor 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 2. ROLL CALL 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input — 5 minutes per individual 5. APPROVAL OF MINUTES a. December 13, 2023 6. NEW BUSINESS a. Sub-Committee Roles and Procedures Discussion: Sgt. Kim Cochran and Jenny Lopez Filkins b. Voicemail: None c. E-mail: (1) • Email from Jason Knebel: Shamera responded to provide resources for CSU PD and to confirm that she would share the information with Internal Affairs 7. UNFINISHED BUSINESS 8. BOARD MEMBER REPORTS AGENDA Fort Collins Boards& CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING 9. OTHER BUSINESS 10. ADJOURNMENT MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, December 13, 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(c�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 gustaria esta informaci6n traducida o comunicada en espanol u otro idioma. Favor flame al (970)416-4254 o a titlesix .fcgov.com para solicitor informaci6n 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 at 5:32 PM 2. ROLL CALL a. Board Members Present: Shamera Loose, Melissa Rosas, Elizabeth Grant, Mike O'Malley, Mike Rutledge b. Staff Members Present: Lieutenant Jeremy Yonce, Jessica Jones 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input — 5 minutes per individual • Andrew Lipp states that he has been working with the Attorney General's office over an issue of blatant discrimination. He has autism and has a son that came home with bruises. He and his girlfriend reported the issue, but nothing was done. Someone from the CPS did come to visit him, and he requested the notes from that meeting. In those notes, his tone of voice was described as creepy. People with autism frequently speak in a monosyllabic tone and have strange mannerisms. He wants to make sure that others with disabilities are not treated like this. 5. APPROVAL OF MINUTES MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING a. November 8, 2023: Mike O'Malley moved to approve the October 2023 minutes, which was seconded by Elizabeth Grant. Motion passed. 6. NEW BUSINESS a. Training: FCPS Defensive Tactics. Officer Erin Feit has been with FCPS for 8 years and is a defensive tactics instructor. Corporal Nick Rogers has been FCPS for 15 years and has been with the defensive tactics team for 10 years. FCPS takes a holistic approach to training officers in defensive tactics; they are trained to serve their community using the least amount of force possible. The Defensive Tactics Team is made up of program coordinators, lead instructors, and instructors. 540 hours of training are required before an instructor can become a lead instructor. There is a total of 15 instructors, with 6 leads and 230 officers. It can be difficult to fill positions for this team, because an officer has to be willing to get beat up to train others. The selection process for hiring instructors is very important. FCPS investigates disciplinary files, background history, and IA files, and officers have to pass an oral panel, before they can even be considered. Officers receive 96 hours of defensive tactics training as they go through the Police Academy, in addition to 20 hours of skills and scenario training. Officers must be able to model 67 different skills before they are able to use them. All force should be legal, reasonable, appropriate, reactionary, responding to resistance vs use of force, manage the injuries of officers and suspects. It should always involve control, transitional through process, and use both escalation and de-escalation. FCPS officers need to be able to change their mindset, depending on a changing environment. Year-to-date, they've had 46 worker's compensation claims, and sometimes citizens can be injured as well. FCPS focuses on improving training to improve the outcomes for both sides. When engaging with a suspect, size and strength matter, along with state of mind. If a suspect is clearly inebriated, it will make a difference in how an officer approaches him. Criminal history and previous experience with the individual can also play a factor in the level of force selected to be used. Instances of people exhibiting active aggression have increased over the past several years. Since 2020, and really, going back to 2014, there have been national trends and there is a small portion of the population that have distrust MINUTES Fort Collins Boards& CITY OF FORT COLLINS - BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING for police. There are also parts of the system that have been undermined; FCPS has what amounts to a cashless bail system now. Assaulting an officer used to carry 5 years of prison time, and now, defendants get out on a PR bond. There are different levels of control, which are all impacted by the presence and demeanor of an officer, the verbal directions they use, etc. After that, they have options for exerting physical control, including chemical agents, intermediate and impact weapons, and deadly force. In regard to tools to address resistance, there are batons, both collapsible and wooden, and then chemical agents like OC spray, which is useful because it can be used at a distance from the suspect. FCPS doesn't train officers in silos; though tasers are taught by the SWAT team, they incorporate information about tasers into Defensive Tactics training to ensure that the same thought process is attached to each tool. Tasers may go through a thick coat, but it is unlikely to go through a phone, or anything thicker in someone's pocket. We only use them sparingly, because both prongs must hit the target for it to be effective. Communication skills are essential for every FCPS officer, so officers are trained on this skill as well. Officers are expected to make sure their communication skills are acceptable and improve over time. As they age, they start to understand the value of being understood, and being able to understand, and this information is incorporated into their training. Officers are trained to write detailed reports, and to speak well, in case they have to testify in court. The Defensive Tactics team focuses on failures, not to highlight where they failed, but so that officers are able to go back and review the choices they made, so that when a similar situation occurs on the streets, they have more information and can make a better decision. b. Voicemail: Voicemail from Jason Knebel, who is experiencing conflict over protests held at Planned Parenthood. Elizabeth called him back and provided him with resources for registering a complaint. c. E-mail: Email from Andrew Lipp. Shamera emailed him back to invite him to come to the meeting to participate in public input. d. Case Subcommittee Drawing: • An officer was called to a disturbance about an individual located at the Alley Cat, which is a coffee shop off of Laurel and College. He was yelling racial slurs, had an axe and a can of bear spray. The officer sprayed the citizen, and then deployed the taser. It worked at first, but MINUTES Fort Collins CITY OF FORT COLLINS • BOARDS AND COMMISSIONS Commissions CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING then disconnected. After the suspect charged the officer, the officer shot the suspect. • Drawing: • Chairperson of Sub-committee: Mike O'Malley • Sub-committee Members: Elizabeth Grant and Melissa Rosas • Alternate: Mike Rutledge. 7. UNFINISHED BUSINESS 8. BOARD MEMBER REPORTS a. Elizabeth went on a ride-along with FCPS. She and the officer spent time at the hotel on College and Vine. The officer was informed and polite. b. Shamera went on a ride-along with Corporal Bjornstrom and Officer Jones. It was interesting to see the difference between the two officers. 9. OTHER BUSINESS: a. Mike Rutledge recommends setting a timer for the public input period to ensure that each individual receives 5 minutes of time. 10. ADJOURNMENT — Elizabeth moved to adjourn, seconded by Mike Rutledge @ 7:41 PM. Citizen's Review Board Schedule for 2024 • January 10, 2024—222 Laporte Ave, Colorado River Room • February 14, 2024— **TBD— (Potential Location: 281 N. College Ave, Conference Room A) • March 13, 2024—222 Laporte Ave, Colorado River Room • April 10, 2024—281 N. College Ave, Conference Room A • May 8, 2024—281 N. College Ave, Conference Room A • June 12, 2024—281 N. College Ave, Conference Room A • July 10, 2024—222 Laporte Ave, Colorado River Room • August 14, 2024—222 Laporte Ave, Colorado River Room • September 11, 2024—222 Laporte Ave, Colorado River Room • October 9, 2024—222 Laporte Ave, Colorado River Room • November 13, 2024—222 Laporte Ave, Colorado River Room • December 11, 2024 --222 Laporte Ave, Colorado River Room Before the subcommittee begins, remind the alternate that she or he is taking notes of the meeting. 1. Invite the subject officer(s) or employee(s) and complaining party(ies) to join the meeting if they are not already in the meeting room. 2. "I am now calling this meeting to order at [time]." 3. "Pursuant to the provisions of Section 2-144 et sq. of the Code of the City of Fort Collins,the Citizen Review Board subcommittee will undertake a review of an Internal Affairs administrative investigation conducted by the Office of Police Services,case number ,relating to conduct by a police officer allegedly in violation of administrative policy or applicable law." 4. If there are any guests, ask"Would all parties wishing to address the subcommittee be identified and inform the subcommittee of the form of materials to be presented and the time required for such presentation?" 5. Only if the subject employee is present—subcommittee chairperson should ask the subject employee if he or she consents to the substantive discussion of the meeting taking place in executive session. If the subject employee says h or she is not consenting,the meeting must be conducted in open session. 6. MOTION TO GO INTO EXECUTIVE SESSION— "As authorized by City Code sections 2-144(f)(7), 2-31(a)(1)b., and 2-31(a)(2)as well as Colorado Revised Statutes sections 24-6-402 (4)(f)and 24-6-402 (4)(b),I move to go into executive session for the purpose of receiving and considering evidence relating to internal investigation number 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'sactions may be affected by existing law. Please note that no formal action or decision will be made in executive session." a. Make sure the motion is moved, seconded, and voted upon. Note the time.Recorder should be turned on. 7. "For the record,we are now in executive session, as authorized by City Code sections 2-144(f)(7), 2-31(a)(1)b., and 2-31(a)(2) as well as Colorado Revised Statutes sections 24-6-402 (4)(f) and 24-6-402 (4)(b), for the purpose of receiving and considering evidence relating to internal investigation number 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. Please note that no formal action or decision will be made in executive session." 8. During the executive session—committee members can discuss the case and ask questions, but they may not vote on the case. 9. After the executive session has ended, ask "Do I hear a motion to return to open session?" a. Make sure the motion is moved, seconded, and voted upon. Note the time.Recorder should be turned off. 10. "The time is now and we are back in open session." 11. "Do I hear a motion related to the findings or investigation made in the case and/or a motion to convey any observations or recommendations?"Also, there may be a motion made to suggest to Fort Collins Police Service's Professional Standards Unit that further investigation into a particular topic is warranted. Care should be taken to avoid using any officer names in order to preserve the confidentiality of the information shared and privacy of the officers involved. a. Make sure the motion is moved, seconded, and voted upon. 12. "Do I hear a motion to adjourn?" a. Make sure the motion is moved, seconded, and voted upon. 13. "The subcommittee meeting is now adjourned at (time)." NOTE:After the meeting has ended,the alternate will type up the minutes and e-mail it to the subcommittee chairperson. The subcommittee chairperson will type up the decision memo and send both documents to the subcommittee and to Sara Arfinann (Sarfmann@fcgov.com)for legal review.After the decision memo is finalized,the subcommittee chairperson will e-mail the signed decision memo to Jessica Jones 6ejones@fcgov.com). After the subcommittee approves theminutes,the subcommittee chairperson will send the minutes to Christine Macrina(cmacrina@fcgov.com). Please note the timeframes discussed in City Code and adhere to them. CITY OF FORT COLLINS 300 LaPorte Avenue,P.O.Box 580*Fort Collins,Colorado 80522-0580 CITIZEN REVIEW BOARD (970)416-2707 crb@fcgov.com Citizen Review Board Subcommittee Meeting Minutes DATE 300 LaPorte Avenue P.O.Box 580 Fort Collins,CO 80522 Case Present: Subcommittee Chair; , Subcommittee Member; Subcommittee Member; , Subcommittee Alternate Member Absent: Staff: Public None Call to Order: The subcommittee meeting was called to order at p.m.by Chairperson It was noted that there were no citizens present or other attendees and no absences. Case .Mr./Ms. (insert name)advised that pursuant to the provisions of Sections 2-144(f)et seq.of the Code of the City of Fort Collins,the Citizens Review Board Subcommittee will undertake a review of an internal investigation conducted by the Office of Police Services,Case No. ,relating to an incident involving"X Policy." Executive Session: At p.m.,a combined motion[City Code sections 2-71(d)(2),2-31(a)(1)b.,and 2-31(a)(2)as well as Colorado Revised Statutes sections 24-6-402(4)(f)and 24-6-402(4)(b)]to go into Executive Session to consider evidence and receive legal advice was made,seconded and approved unanimously.Prior to adjourning into Executive Session,Mr./Ms. (insert name)advised that no final policy decision will be made,nor will any resolution be passed or other formal action taken by the subcommittee while in Executive Session. Regular Session: At p.m.,a motion was made, seconded and approved unanimously to exit from Executive Session. There was no discussion.A motion was made to agree with the Internal Affairs finding of involving the subject officers concerning"X Policy"vis a vis the captioned case.The motion was seconded and the subcommittee voted unanimously,3-0,with no discussion to agree fully with the Internal Affairs findings( )and recommendation on the above-captioned case. Adjournment: A motion was made, seconded and approved unanimously to adjourn at p.m. Subcommittee Chair File: Subcommittee Minutes 1llotion of C.RB Subcounnittee to ,go into ercectitive session: Receivina and Considering Evidence: "As authorized by City Code section 2-71(d)(2), I move to go into executive session for the purpose of receiving and considering evidence relating to internal investigation number conducted by Police Services." Receiving Legal Advice: "As authorized by City Code section 2-31(a)(2), I move to go into executive session 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." Combined: "As authorized by City Code sections 2-71(d)(2) and 2-31(a)(2), I move to go into executive session for the purpose of receiving and considering evidence relating to internal investigation number conducted by Police Services, and for the purpose of meeting with the City Attorney to receive legal advice regarding the manner in which the sub conuiuttee's actions maybe affected by existing law."