HomeMy WebLinkAboutCitizen Review Board - Minutes - 11/17/2004Citizen Review Board Meeting
CIC Room, 300 Laporte Avenue
November 17, 2004
Present: Brian Carroll, Dave Evans, Harry Edwards, Maria Martinez and Becky Richardson
Absent: Monica Garcia
Staff: Lt. Jim Broderick, Greg Tempel, Assistant City Attorney, Wendy Hartzell, Secretary
Guest: Interim City Manager Darin Atteberry
Public: Elaine Boni, HRC
The meeting was called to order at 6:05 p.m.
Absences: Written notice was received from Monica Garcia
Voice Mail: No voice mail messages were received.
Minutes
October 20, 2004 Minutes - Becky Richardson made a motion to approve the minutes as
written. Harry Edwards seconded the motion. There was no discussion and the motion
passed 5-0.
Interim City Manager Darin Atteberry introduced himself to the Board and told the Board he
regrets he has been unable to attend a CRB meeting sooner. He expressed his sincere gratitude
to the Board for its efforts. He stated he has had many conversations with former Board member
Jim Butzek and with Lt. Broderick regarding the Board's increasing workload and the tremendous
efforts put forth by each Board member (in particular Maria Martinez). He discussed the
replacement process for the CRB vacancy, stating that there was a lot of interest in serving on
this Board. Five applicants were interviewed for one vacancy. Appointments will be made on
December 21. He understood the need to fill the vacancy as soon as possible given the workload
of the CRB and the lottery system of assigning cases.
Brian Carroll commented on the willingness of Police Services to consider CRB feedback. Harry
Edwards stated that the CRB appreciates Chief Harrison's feedback and being informed as to the
Chief's final decision on cases reviewed. Becky Richardson also acknowledged Lt. Broderick's
help and assistance in initiating this feedback process and that it is very much appreciated.
Becky Richardson commented that the CRB tends to not have much public support and stated
that hopefully the attendance of Elaine Boni of the HRC will help. She asked for help with public
support, and Darin Atteberry asked the Board what that assistance should look like. There was
discussion about making comments at a City Council meeting, explaining the complaint process,
and creating more understanding for City Council and the public in general about how the CRB
works. It was reiterated that Police Services has been very receptive to suggestions and
feedback made by the Board.
Darin Atteberry explained the timeline for the City Manager hiring process and explained that he
is a candidate. He expressed his commitment to continue educating the public and City Council
about the CRB process. He asked that the Board feel free to contact him any time there is a
question or a concern.
Old Business:
CRB Vacancy
The Board agreed that Darin Atteberry had answered its questions about the vacancy process.
Training for the new member was discussed. Brian Carroll mentioned that a mock IA case had
been prepared for review purposes. Harry Edwards stated he still had his version and offered to
drop it off for Lt. Broderick to review. The Board also discussed the Board and Commission
Training that is taught by the City Manager's Office and Greg Tempel and will probably be offered
in late spring of 2005.
Pending Cases:
Requests for extensions were reviewed and discussed for the following cases:
2004-13 — An extension was requested to 12-29-04 in order to identify the police officer involved
The Board had a lengthy discussion regarding granting extensions. Greg Tempel clarified that
the Board may grant additional time as it deems necessary upon a showing of good cause. Dave
Evans suggested granting an extension until the CRB meeting on January 19 in order to give
sufficient time for Police Services to return to the CRB a complete and accurate case. Becky
Richardson made a motion to approve the request for extension for Case #2004-13 until
January 19. Maria Martinez seconded the motion.
During further discussion, Brian Carroll commented that the Board should not be too quick to
grant requests for extensions as there are at least two people, complainant and officer, who are
left pending and the time between the actual incident and resolution of the case becomes quite
lengthy. He questioned whether granting extensions could become a pattern and if this really
serves the public well. Lt. Broderick commented that he agreed with Brian Carroll and stated he
and Sgt. Pearson share the same concerns. He stated that when an urgent IA comes in, it is his
decision to ask that Sgt. Pearson investigate those cases first. Brian Carroll questioned whether
additional staff is needed so that cases can be reviewed in a timely manner. Lt. Broderick
commented that cases are backing up but that he believed they will eventually even out and they
will catch up again. He stated adding personnel is a difficult issue now and Police Services is
actually considering personnel cuts. Harry Edwards stated that he agreed with Brian Carroll
regarding the creation of a precedent if the Board were to grant extensions for longer periods of
time than are requested. Dave Evans asked if there was a timeline when the Board must receive
the case from Police Services, and Greg Tempel clarified that the Board can grant unlimited
extensions as long as it had good cause to do so. Becky Richardson asked if the complainant is
notified of the extension and Lt. Broderick confirmed that they are notified. Lt. Broderick thought
that the case will be ready by 12/15, but he cannot guarantee it. Harry Edwards reminded the
Board that it could grant another 30-day extension if it is needed. Brian Carroll asked if an IA
case affects promotion or transfers, and Lt. Broderick clarified that Chief does take it into
consideration. Lt. Broderick stated that he manages the workflow for the complaints, and when
internal IA's come in that he deems to be urgent, he reassigns Sgt. Pearson as needed. Brian
Carroll stated that he thought each case, regardless of who is the complainant or the
circumstances, deserves the same level of urgency and review. Lt. Broderick stated that he
agreed and that, at times, new cases are received and given priority because they include
integrity and credibility issues that impact many other cases. He reiterated that they are working
on multiple cases at all times.
The Board returned to consideration of the motion on the floor. Dave Evans stated he
understood the manpower issues involved in getting cases reviewed and also the public's
expectation of timely review. He stated the Board is doing all it can do and understands that
Police Services may have other pressing issues that impact case review. Harry Edwards
suggested withdrawing the motion and recasting it. Becky Richardson and Maria Martinez
withdrew the original motion on the floor.
There was discussion of whether to cancel the CRB meeting scheduled for 12/15/04. No motion
was entertained and, therefore, the CRB will meet on December 15.
Harry Edwards made a motion to grant the requested extension on Case #2004-13 to
12/29104. Brian Carroll seconded the motion. Becky Richardson clarified that this was an
additional extension, extending the case from 11/29 to 12/29. There was no further
discussion. The motion passed 5-0.
2004-15 — An extension has been requested to allow the completion of supervisory review. Lt.
Broderick stated there was a very good chance this case could be ready by 12/15, however
vacation schedules could impact review. Brian Carroll asked if acting supervisors could review
cases during absences, and Lt. Broderick stated that this might be a possibility. Harry Edwards
made a motion to approve the requested extension on Case #2004-15 until 12/27/04. Maria
Martinez seconded the motion. There was no discussion and the motion passed 5-0.
2004-23 - An extension has been requested in order to continue trying to contact the
complainant. Lt. Broderick stated that they would proceed with interviews and the investigation
whether or not the complainant can be located. Maria Martinez made a motion to grant the
requested extension to 1/19105 for Case # 2004-23. Harry Edwards seconded the motion.
There was no discussion and the motion passed 5-0.
2005 Work Plan —
The CRB work plan is due at the end of the month. The Board reviewed the previous year's work
plan. There was discussion about presenting to the City Council, based on a comment from
Harry Edwards. He commented that a Council member had asked him questions at the Citizen
Academy ceremony about the CRB process and showed a lack of understanding as to what the
Board actually does. After discussion, it was agreed that the Board would adopt the work plan as
written and consider a presentation to Council under New Business. Harry Edwards moved to
approve and adopt the 2004 Work Plan as the 2005 Work Plan. Becky Richardson
seconded the motion. There was no discussion and the motion passed 5-0.
New Business
The Board had further discussion regarding extending an invitation to City Council members to
view a presentation about the CRB complaint process and the Board's functions. Dave Evans
offered to communicate with Mayor Martinez. There was discussion as to what should be
included in an email to the Mayor, i.e., need of education, etc. Brian Carroll mentioned setting up
a priority system for reviewing cases if additional personnel are not a possibility. Maria Martinez
stated the communication should be based on the HRC recommendations and what they want to
do with them. Dave Evans was concerned that the CRB was not asked its position regarding the
HRC's recommendation. Brian Carroll mentioned that the HRC was considering multiple issues
dealing with immigration, the complaint process, the Patriot Act, and the Human Rights Protection
Ordinance. Harry Edwards stated that the Board should communicate with the Mayor to find out
if he and/or City Council would like input from the Board on the issues that have been raised. Lt.
Broderick stated that these issues might be appropriate for a Study Session. Dave Evans will
draft a memo for Mayor Martinez and send the draft to Board members for their review.
Adjournment: Becky Richardson moved to adjourn the meeting. Brian Carroll seconded
the motion. There was no discussion and the motion carried 5-0. The meeting adjourned
at 7:17 p.m.
Next Meeting: December 15, 2004, at 6:00 p.m. in the CIC Room, 300 Laporte Avenue.
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