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HomeMy WebLinkAbout04/10/2024 - CITIZEN REVIEW BOARD - AGENDA - Regular MeetingCITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, April 10, 2024, at 5:30 PM 215 Mason St, Conference Room 2D Participation for this Citizen Review Board meeting will be available online or in person. Public Participation (Online): Individuals who wish to address the Citizen Review Board via remote public participation can do so through Microsoft Teams. The meeting will be available for participants to join at 5:30 pm on April 10, 2024. For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate that they would like to speak. Staff will moderate the Microsoft Teams session to ensure all participants have an opportunity to address the Board. Join Microsoft Teams Meeting: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZWRhNDQ2NDQtMDA2MS00MWM2LWJkOTUtMzYwO WRmNGNkZmU0%40thread.v2/0?context=%7b%22Tid%22%3a%2247fa2f5f- 0d0a-4a68-b431-6d1a27b66660%22%2c%22Oid%22%3a%2205915e7d-f1ee- 497b-8f95-d0a2c3b70e6e%22%7d Meeting ID: 210 488 538 722 Passcode: UMyo96 Use a laptop, computer, or internet-enabled smartphone. (Using earphones with a microphone will greatly improve your audio). You need to have access to the internet. Keep yourself on muted status. Individuals uncomfortable or unable to access the Zoom platform or unable to participate by phone are encouraged to participate by emailing general public comments you may have to Jessica Jones, at jejones@fcgov.com. The Staff Liaison will ensure the Board receives your comments. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send 24 hours prior to the meeting. 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 (970)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 2. ROLL CALL CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input – 5 minutes per individual 5. APPROVAL OF MINUTES a. March 13, 2024 6. NEW BUSINESS a. Voicemail: • 1 voicemail from Jason Knebgl about filing a complaint against FCPS b. E-mail: • 2 emails from Jason Knebgl about filing a complaint against FCPS and requesting that related photos and videos be reviewed by CiRB. Shamera responded with an explanation the scope of the board and provide resources for filing a complaint with FCPS. c. Approval of Minutes: PSU 2023-038 d. Training: • FCPS Department Overview – Lt. Jeremy Yonce • IA Overview – Sgt. Kim Cochran e. Review and approve updated subcommittee forms 7. UNFINISHED BUSINESS 8. BOARD MEMBER REPORTS 9. OTHER BUSINESS a. Subcommittee Orientation Training Discussion 10. ADJOURNMENT M E M O R A N D U M TO: Kelly DiMartino, City Manager Jeff Swoboda, Chief of Police FROM: Citizen Review Board Subcommittee for Case PSU------ ---------------, Subcommittee Chairperson ---------------, Subcommittee Member ---------------, Subcommittee Member ---------------, Subcommittee Alternate DATE: ------------ RE: Review of Internal Affairs Administrative Investigation Case PSU----------- The CRB Subcommittee for the above-mentioned case has completed its review of the internal investigation conducted by Police Services. The review was conducted pursuant to the provisions of Section 2-144 et seq. of the Code of the City of Fort Collins. The Subcommittee voted as follows: 1. Policy --------- • The subcommittee voted [insert findings, ex: unanimously (3-0) to agree with the finding of “exonerated” made as a result of the investigation.] ____________________________ _____ ------------, Subcommittee Chairperson CITY OF FORT COLLINS CITIZEN REVIEW BOARD 300 LaPorte Avenue, P.O. Box 580 • Fort Collins, Colorado 80522 -0580 (970) 416-2707 crb@fcgov.com 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 2-144(f)(7), 2-72(b)(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 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. Roll Call 4. “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.” 5. 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?” 6. 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. 7. MOTION TO GO INTO EXECUTIVE SESSION— “As authorized by City Code sections 2-144(f)(7), 2-72(b)(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), 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’s actions 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. 8. “For the record, we are now in executive session, as authorized by City Code sections 2-144(f)(7), 2-72(b)(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), 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.” 9. During the executive session – committee members can discuss the case and ask questions, but they may not vote on the case. 10. 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. 11. “The time is now _____ and we are back in open session.” 12. “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. 13. “Do I hear a motion to adjourn?” a. Make sure the motion is moved, seconded, and voted upon. 14. “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 Arfmann (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 (jejones @fcgov.com). After the subcommittee approves the minutes, the subcommittee chairperson will send the minutes to Jessica Jones (jejones@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 March 13, 2024 300 LaPorte Avenue Fort Collins, CO 80522 Case PSU2023-038 Present: Mike O’Malley, Subcommittee Chair; Melissa Rosas, Subcommittee Member; Elizabeth Grant, Subcommittee Member; Michael Ruttenberg, Subcommittee Alternate Member Absent: None Staff: Lieutenant Jeremy Yonce FCPS, Assistant City Attorney Sara Arfmann, Sergeant Kim Cochran Internal Affairs FCPS Public None Call to Order: The subcommittee meeting was called to order at 5:58 p.m. by Chairperson Mike O’Malley. It was noted that there were no citizens present or other attendees and no absences. Case PSU2023-038: Mr. Mike O’M alley, advised that pursuant to the provisions of Sections 2-144 et sq. of the Code of the City of Fort Collins, the Citizens Review Board Subcommittee will undertake a review of an Internal Affairs administrative investigation conducted by the Office of Police Services, Case Number PSU2023-038, relating to conduct by a police officer allegedly in violation of administrative policy or applicable law. Executive Session: At 6:01 p.m., a motion was made 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) for the purpose of receiving and considering evidence related to the internal investigation number PSU2023-038 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 subcommittees actions may be affected by existing law. The motion was made, seconded, and approved unanimously by all 3 subcommittee members. Prior to adjourning into Executive Session, Mr. Mike O’Malley 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 6:27 p.m., a motion was made, seconded, and approved unanimously by all 3 subcommittee members to exit from Executive Session. There was no further discussion. A motion was made to agree with the Internal Affairs finding to Exonerate the subject officer concerning Policy 300. The motion was seconded, and all 3 members of the subcommittee approved the motion to agree with the findings. Then a second motion was made to agree with the Internal Affairs finding to Exonerate the subject officer concerning Policy 340.3(b). The motion was seconded, and the subcommittee voted unanimously, 3-0 to agree with the findings. Adjournment: A motion was made, seconded and approved unanimously to adjourn at 6:32 p.m. ___________________________________________________ Mike O’Malley, Subcommittee Chair File: _________ Subcommittee Minutes CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, February 14, 2024, at 5:30 PM 222 Laporte Avenue, Colorado River Room (Main Floor) Regular Meeting 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 (970)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 @ 5:31 PM by Shamera Loose 2. ROLL CALL a. Board Members Present: Shamera Loose, Mike O’Malley, Michael Ruttenberg, Melissa Rosas, Elizabeth Grant b. Staff Members Present: Assistant City Attorney Sara Arfmann, Lt. Jeremy Yonce, Jessica Jones 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input – 5 minutes per individual b. Veronica Olivas – Observing for the League of Women Voters 5. APPROVAL OF MINUTES a. February 14, 2024: Approved, with correction that Melissa Rosas was present virtually. Mike Ruttenberg moved to approve, and which was seconded by Mike O’Malley. Motion approved 6. NEW BUSINESS a. Voicemail: None b. E-mail: None c. Case Subcommittee Drawings: PSU 2024-004 CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING • CiRB should receive this case for review by the April meeting or just a few weeks after. • Chairperson of Sub-committee: Mike O’Malley • Sub-committee Members: Shamera Loose and Melissa Rosas • Alternate: Beth Grant 7. UNFINISHED BUSINESS a. Review and approve 2024 Work Plan: • Melissa Rosas moved to approve the 2024 Work Plan, which was seconded by Elizabeth Grant. Motion passed b. We will hold the subcommittee meeting for PSU 2023-038 after this meeting • FCPS has recently updated its numbering system, so numbers are not indicative of the number of cases under review. c. To clarify board members’ question from last meeting, the board can conduct the subcommittee drawing at any time after the Board has been notified that the case will be coming to the Board for review. So, for the next case that is coming for review, the board can choose to do the drawing for the next sub- committee meeting tonight, or at the April Meeting. All current members of the Board, at the time of the drawing, must be part of the drawing. d. Amy Hoevan and Veronica Olivas will be the newest members of the board, after City Council approval, and are anticipated to join us for the April Meeting e. Sara will do New Orientation training next month after the regularly scheduled meeting on April 10 and Jeremy will schedule the Department Overview for a training. f. Board members agree that they will plan to meet as a subcommittee for the next case after the May meeting. 8. BOARD MEMBER REPORTS 9. OTHER BUSINESS a. For a remote meeting to occur, the meeting has to have notice posted at least 24 hours in advance, so we cannot hold the subcommittee meeting remotely tonight. b. Melissa asks if the chair of the subcommittee sends a poll to see about availability, would we be able to do a remote meeting with advance notice? • Sara will research to confirm. 10. BOARD MEMBER REPORTS 11. ADJOURNMENT – Mike Ruttenberg moved to adjourn, which was seconded by CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Elizabeth. Motion was approved. Meeting adjourned at 5:52 PM