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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. ' t" y r � Z/3 c Ord 'O , /I Chair C!