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HomeMy WebLinkAboutCitizen Review Board Subcommittee - MINUTES - 08/14/2024 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 August 14, 2024 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 Case PSU2024-011 Present: Elizabeth Grant, Subcommittee Chair; Mike O’Malley, Subcommittee Member; Amy Hoeven; Subcommittee Member; Shamera Loose, Subcommittee Alternate Member Absent: None Staff: Sgt. Kim Cochran, Assistant City Attorney Sara Arfmann, Lt. Jeremy Yonce Public None Call to Order: The subcommittee meeting was called to order at 6:44 p.m. by Chairperson Elizabeth Grant. It was noted that there were no citizens present or other attendees and no absences. Case PSU2024-011: Ms. Elizabeth Grant 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. PSU2024-011 relating to an incident involving “Policy 309.4 Verbal and Visual Warnings; Policy 309.5.1 Application of the ECW; Policy 309.5.2 Special Deployment Considerations; Executive Session: At 6:47 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 for the purpose of receiving and considering evidence relating to an internal investigation number PSU2024-011conducted by Police Services. Another purpose of this executive session is to consider a complaint against a City employee 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. This motion was made, seconded and approved unanimously. Prior to adjourning into Executive Session, Ms. Elizabeth Grant 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. Attorney Client Privilege: Stopped Recording at 7:05 pm for legal definition of “Deadly Force and Deadly Weapon”. Resumed Executive Session at 7:09 pm Regular Session: At 7:29 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/disagree with the Internal Affairs finding of sustained involving the subject officers concerning “Policy 309.4 Verbal and Visual Warnings; vis a vis the captioned case. The motion was seconded and the subcommittee voted non-unanimously, 2-1, with no discussion to agree with the Internal Affairs finding. After the motion was passed, there was a brief discussion regarding how Policy 309.4(a) is worded, specifically the word “should.” Docusign Envelope ID: D97886E9-1DA1-44D9-AEC3-D3A24A16DCAF Subcommittee members discussed the general difficulty for officers to know when a warning is needed or not in the moment. A motion was made to agree/disagree with the Internal Affairs finding of Exonerated involving the subject officers concerning “Policy 309.5.1 Application of the ECW; vis a vis the captioned case. The motion was seconded and the subcommittee voted unanimously, 3-0, with no discussion A motion was made to agree/disagree with the Internal Affairs finding of Exonerated involving the subject officers concerning “Policy 309.5.2 Special Deployment Considerations; vis a vis the captioned case. The motion was seconded and the subcommittee voted unanimously, 3-0, with no discussion Adjournment: A motion was made, seconded and approved unanimously to adjourn at 7:43 p.m. ___________________________________________________ Subcommittee Chair File: PSU2024-011 Subcommittee Minutes Docusign Envelope ID: D97886E9-1DA1-44D9-AEC3-D3A24A16DCAF