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HomeMy WebLinkAbout05/08/2024 - CITIZEN REVIEW BOARD - AGENDA - Regular MeetingCITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, May 8, 2024, at 5:30 PM 281 N. College Ave, Conference Room A (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 (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 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input – 5 minutes per individual 5. APPROVAL OF MINUTES a. April 10, 2024 6. NEW BUSINESS a. Voicemail: 1 voicemail from Angel Eldridge, following up on a complaint filed with FCPS b. E-mail: None c. Citizen Review Board Elections d. Subcommittee Drawing for PSU2024-011 7. UNFINISHED BUSINESS a. Approval of minutes for PSU2023-038 8. BOARD MEMBER REPORTS CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING 9. OTHER BUSINESS 10. ADJOURNMENT CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING Wednesday, April 10, 2024, at 5:30 PM 215 Mason St, Conference Room 2D 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 by Shamera at 5:41 PM 2. ROLL CALL: a. Board Members Present: Shamera Loose, Mike Ruttenberg, Veronica Olivas, Melissa Rosas b. Board Members Present Virtually: Elizabeth Grant c. Board Members Absent: Mike O’Malley (excused), Amy Hoeven (excused) d. Staff Present: Lieutenant Jeremy Yonce, Sergeant Kim Cochran, Jessica Jones, Assistant City Attorney Sara Arfmann 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION a. Public Input – 5 minutes per individual 5. APPROVAL OF MINUTES a. March 13, 2024: Mike Ruttenberg moved to approve, which was seconded by Melissa Rosas. Motion passed. 6. NEW BUSINESS a. Voicemail: • 1 voicemail from Jason Knebgl about filing a complaint against FCPS CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING 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: Mike Ruttenberg is participating in place of Mike O’Malley, who is absent. Elizabeth Grant moved to approve, which was seconded by Melissa Rosas. Motion passed. d. Training: • FCPS Department Overview – Lt. Jeremy Yonce: • Org chart of the basic structure of FCPS: the City Council, the City Manager, and the Chief of Police all report to the citizens of Fort Collins; after that, it branches out into Human Services and Executive staff. • Administrative Division is managed by the Chief. • Personnel and Training Unit is responsible for hiring and training; they also run the Police Academy since 2021. • Northern CO Law Enforcement Training Center is a joint facility used by Larimer County as well. • Professional Standards Unit includes IA and Crime Analyst Unit; they are responsible for CALEA accreditation, etc. • Human Services: This office includes the FCPS psychologist and the peer support team, which consists of 17 employees. • Veronica Olivas asked if the psychologist’s office is on site. • Yes, he has two offices, one that is on site and one that is in a different location, to meet the needs of the officer, depending on the situation. • Patrol Division includes both Patrol and CSO: In May, another day shift will be implemented to assist with coverage • Veronica Olivas asked if officer shifts are 10 or 12 hours. • They are all 10 hour shifts. • Melissa Rosas asked how long are officers are assigned to these shifts. • The officer is able to bid for shifts, based on seniority, for a year's worth of shifts, though they have the option to do it for 6 months on one shift, and 6 months on another shift. • Veronica Olivas asked if there are accommodations if they have a condition that doesn’t allow them to work nights. • Yes, it would be evaluated on a case-by-case basis, based under the ADA. • CSOs are nonsworn officers that primarily handled parking and traffic incidents; but their duties have recently expanded, so they are starting to CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING receive a wider variety of calls. • Special Operations Division is managed by an assistant chief, Adam McCambridge. This unit is responsible for Emergency Management and NIMS. • Community Policing Units handle the downtown area, in addition to alcohol, marijuana and tobacco compliance officers. This unit also has Neighborhood Engagement team, which addresses nuisance and chronic problem properties. • School Resource Officers are assigned to the high schools and middle schools, along with some elementary schools. They run FCPS Youth Police Academy, which is a great opportunity for teens to learn about law enforcement. • Veronica Olivas asked what the average age is for this program. • High school students are the primary attendees. • Mental Health Response Team: FCPS has 7 day a week coverage, though not yet 24 hour coverage. This team can also do follow up calls if they get backlogged. The co-responder and officer are teamed up, so they have the chance to get to know each other. • Mike Ruttenberg asked if co-responders are employed through UC Health? • Yes. • HOPE Team: a new addition, whose mission is to collaborate with community partners to provide resources for people experiencing homelessness. • Traffic Unit: includes DUI officers and camera radar program, which has expanded recently as well. These officers are motor certified, so they have motorcycles which allow for more flexibility. • Veronica Olivas asked if money from camera radar goes to the City. • The revenue from tickets that the officers write goes to the City; for camera radar, it goes into a designated fund that is used for traffic safety and traffic calming infrastructure. • Tactical operations: K9, SWAT, and bomb squad. This team is a collateral team, with positions assigned in addition to regular duties. • Melissa asked if the officers that are assigned to the drones also have collateral duties. • Yes, in addition to regular duties, officers operate drones throughout the City. • Veronica Olivas asked if FCPS have its own drones, or if FCPS shares with other agencies. • Yes, FCPS has quite a few of their own. • Veronica Olivas asked how long it takes to get a drone operator to a crime scene. • FCPS has them disbursed about town, so it usually doesn't take very long. CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING • Crimes Against Persons Unit: handles homicide, sex assault, child abuse, and other crimes against persons. FCPS recently added criminalists to these teams; originally, they were strictly lab based, but now FCPS has them as well in the Crimes Against Persons unit. They do not arrest people or do suspect interviews. • Cyber Crimes Unit was started within the last 18 months, and have been a beneficial team. • Mike Ruttenberg asked if the benefit was cost savings. • Yes, in several respects; equipment is expensive, there is a significant time cost, and it takes more time to replace sworn officers, which this team doesn't have, though the hiring process still takes about 6 months with the background check and interview process. • Veronica asked if the criminalists are former law enforcement. • 2 employees are, and 1 employee is former probation officer; the other one has never been an officer. • Criminal Impact Unit is responsible for high risk offenders and sex offender registration program. • Forensic Services Unit handles homicides, theft, etc. • Property and Evidence Unit: manages more than 100,000 items. This unit also has the Evidence Recovery Team, where volunteer employees assist with larger investigations with evidence intake. • Veronica asked if subcommittees get to review body-cam footage. • Yes; in this most recent case, there are probably about 75 videos, but not all videos are relevant to the case. • Property Crimes Unit are responsible for thefts, primarily of motor-vehicles • Victims Services Team: consists of victim witness specialists, and also manage 25 volunteer victim advocates as well • Veronica asked about changes to legislation that will make changes to victim's compensation funds and whether that will that impact FCPS. • Much of the funding is grant-based and that money is drying up. Supervisor and the victim witness specialists are the only employees that are City-paid; everything else is supported by grants. • Melissa asked if FCPS has the grant writer. • They do not have a designated person. It is whoever is the supervisor at the time. • Information Services Division: Consists of Dispatch for FCPS, PFA, Wellington, etc. Dispatchers are trained in medical dispatch, so they can assist people with basic medical care over the phone. Prepared Live is a technology that enables dispatchers to use the caller's phone for live video • Records Unit: responsible for managing data; FCPS has a "25 by 25 Campaign", which is to have 25% of police reports done online by 2025 • Veronica Olivas asked how the officers do reports currently. CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING • FCPS has an RMS system; they used to dictate reports, but now it is done on a web-based platform. • IT and Technical Services: handles all police technology, including body- cams, GPS, laptops, etc. • Community Outreach: school presentations, Police in the Park events, Coffee with a Cop, Legos and Law Enforcement • Veronica Olivas asked if an officer is in charge of community outreach. • Neighborhood Engagement sets the scene, but all officers are involved in the activities, across all divisions. Everyone is encouraged to come up with ideas • Veronica Olivas asked if for online reports the people submit, is this only for certain kinds of reports. • Yes, FCPS will always give another option other than submitting a report online, because some people don't have computer access • Explorer Program: another opportunity for youth to get involved in law enforcement; they get training and do ride-alongs with officers. • Reserve Community Service Officer Program: civilian volunteers who have an interest in law enforcement. • Veronica Olivas asked if volunteers are covered by workers' comp. • Their primary insurance covers most of it, but workers' comp will cover whatever is remaining • Melissa Rosas asked if FCPS participates in events like "Baker to Vegas". • No, but we have done other events, like the Special Olympics programs in the past. • Sgt. Kim Cochran provided an Internal Investigations (IA) overview, which included: • Police Policies are available on the City’s official website. Whenever an IA investigation is opened, the officer is cited to a particular policy in this manual. • Officers are notified of the time, place, and event that occurred, when a formal complaint is filed. • Veronica Olivas asked if there is an officer-involved shooting, and it is the same officer that was involved in a previous incident, if that raises concerns. • That can go either way; if the result of the investigation is that there was no policy violation, FCPS wouldn't review previous cases; if there was a policy violation, they may go back to previous cases to review these as well. • Melissa Rosas asked if FCPS has a flagging system. • Yes, if a police officer has a show of force (pointing a weapon at someone), you have to fill out a form that is reviewed by a supervisor, who also reviews other evidence to make a determination if that show of force follows policy, and then this CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING report is sent to their manager. FCPS stores these incidents in a specific software system, which triggers an alert if an officer receives a certain number of incidents; supervisors are able to see if there are coachable moments if an officer is receiving multiple alerts. It is not used as a disciplinary measure. • Veronica asked if training covers skills or attitude, when an officer receives a high number of alerts. • It could be either or both, but if attitude is in question with the use of force, FCPS would already be doing an investigation. • Veronica asked how long this system has been in place. • For almost 20 years FCPS has been using a form of this system • Mike Ruttenberg asked, for cases that the board reviews, would they have the history of alerts about the officer? • No, these are reviewed by a supervisor only; an alert is not considered punitive, but is considered a training need. • Veronica asked if these alerts are expunged. • No; but they are marked as resolved • On the "Visit Transparency Page" on FCPS website, there is information about officer training and expectations; there is also information about how administrative investigations are handled • FCPS does a formal investigation for all citizen complaints; however, if the officer gets a similar performance complaint within a year, it will be considered a level 1 investigation. • Veronica asked when an investigation comes to the subcommittee, if Sgt. Cochran outlines the policies that may have been violated. • Yes; board members will receive an electronic file that contains administrative notifications, which contain the violated policies along with possible witnesses and subjects, who the officers are not allowed to discuss the case with, etc. • Veronica asked if FCPS uses Garrity advisement? • Yes. • Veronica asked if FCPS has ever known anyone to be fired? • Yes. • Administrative Investigations policy is also available on FCPS website • Complaints are reviewed at two levels of supervision • Veronica asked if transparency page lists how many complaints are filed per year. • It does; it identifies number and level of complaints and some reporting is further broken down by gender, race, etc. • Veronica asked if that information is tied to the police accountability statute? • FCPS had the transparency page in place before it was required. • CITIZEN REVIEW BOARD (CiRB) REGULAR MEETING • Veronica asked what happens if what the supervisor sees when conducing an audit is a federal crime. • FCPS would have to bifurcate the investigation into two investigations, because one person cannot investigate a crime in addition to a policy violation. e. Review and approve updated subcommittee forms: Mike Ruttenberg moved to approve, which was seconded by Melissa Rosas. Motion passed. 7. UNFINISHED BUSINESS: a. Shamera asked when the board can expect for the new case report to arrive. Lieutenant Jeremy Yonce stated that it should be ready for next month’s meeting and confirmed that the next sub-committee meeting is tentatively scheduled to take place after the regular meeting on May 8. Sergeant Kim Cochran stated that the new case number is PSU 2024-004, and reminded the board that IA has received the case, and anticipates being finished by April 18, in order to have it to the board by April 19. If board members think that they need more time to review before the May 8 meeting, they can reach out to the subcommittee chair, Mike O’Malley, to request it. b. Shamera Loose reminded the board that new officers need to be elected. Sara Arfmann recommends that elections can take place at the May or June meeting, in order for it to be added to the agenda and notice provided. 8. BOARD MEMBER REPORTS 9. OTHER BUSINESS a. Subcommittee Orientation Training Discussion: New members have recently received Boards and Commissions Orientation Training from City Staff. Sara Arfmann will be conducting sub-committeee training with Veronica Olivas and Amy Hoeven as new members, and we will postpone the board- wide subcommittee training until later in the year, since board members have recently reviewed a case. b. Sara Arfmann stated that, if necessary, sub-committee meetings may take place virtually, as long as proper notice is provided. The board will need to ensure that two separate Teams meetings are scheduled, in order to allow for subcommittee members to exit out of the public portion of the Teams meeting to go into executive session, which will take place in the second Teams meeting that is scheduled for this purpose. c. Board members are required to annually sign a confidentiality agreement as it relates to subcommittee meetings. Sara Arfmann will work with Jessica and Davina Lau to ensure that this form has been sent out and signed. 10. ADJOURNMENT: Mike Ruttenberg moves to adjourn at 7:41 PM, which was seconded by Melissa Rosas. Motion passed. 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’Malley, 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