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HomeMy WebLinkAboutCitizen Review Board - Minutes - 12/15/2004Citizen Review Board Meeting CIC Room, 300 Laporte Avenue December 15, 2004 Present: Dave Evans, Harry Edwards, Brian Carroll, Maria Martinez, and Becky Richardson. Absent: Monica Garcia Staff: Staff Liaison Lt. Jim Broderick, Secretary Wendy Hartzell Public: HRC Representative Elaine Boni The meeting was called to order at 6:09 p.m. Review of absences: Written notice was received from Monica Garcia. Approval of Minutes: Dave Evans called for any additions or corrections to the November minutes. Maria Martinez noted one typo in the first page, first paragraph, second sentence —"be" should be "been." No other corrections were noted. Harry Edwards moved to approve the minutes as corrected. Brian Carroll seconded the motion. There was no further discussion and the motion passed 5-0. Voice Mail: No messages. Public comment: None. New Business: Public Participation: There was discussion about rearranging the agenda to accommodate public participation when and if it is necessary. 2004 Annual Report: Lt. Broderick reported that he is working on the end of year annual report and he is reviewing it for work load purposes. He is also planning on reformatting previous years — use of force, different categories. He asked the members to submit different formatting ideas if they have any and that feedback on the format is welcome. Case #04-9 — Feedback from Chief Harrison: Firing without a sight picture — Lt. Broderick stated that Use of Force Board had a concern regarding the officer's decision to fire on a suspect in relative darkness. He stated that in training procedures, officers are instructed to shoot only what they can see and that the concern was the officer did not have a sight picture of suspect when he aimed at the suspect. Regarding canine issues, Lt. Broderick stated that they would like to see containment set up rather than the officer running after the suspect with no backup in place and leaving his cover. At the scene, the police officer with the canine got out of her vehicle and didn't take cover by the van.Secondly, the dog was deployed when the officer was between the canine and the suspect. The dog doesn't know the difference between a suspect and an officer. He stated there were performance issues with the canine, as well, as the dog may or may not have knocked the suspect down but didn't bite. Harry Edwards stated that the CRB had two recommendations, that there be additional tactical training and additional firearm training for the officer. Case #04-26 — subcommittee drawing: 1. Becky Richardson, Chair 2. Monica Garcia 3. Dave Evans 4. Maria Martinez, Alternate 5. Brian Carroll 6. Harry Edwards 7. Vacant Case #04-28 — subcommittee drawing: 1. Harry Edwards, Chair 2. Brian Carroll 3. Dave Evans 4. Monica Garcia, Alternate 5. Maria Martinez 6. Becky Richardson 7. Vacant Case #04-15: Lt. Broderick distributed Case #04-15 to those members present. The deadline for review will begin once he delivers it to Monica Garcia. Subcommittee members are Monica Garcia, Chair, Maria Martinez, Brian Carroll and Harry Edwards. Brian Carroll stated that it is possible that three cases will be delivered on January 19. He stated a date should be set for Case #04-15 and that the subcommittee should try to meet on January 19. Lt. Broderick stated he would notify Monica Garcia when the case is delivered to her. Case #04-28: This case will be delivered prior to the next meeting. Lt. Broderick stated that the case is almost done and will be delivered in order to catch up. Pending Cases: Case #04-13 — previously extended to January 19, 2005. Case #04-23 — previously extended to January 29, 2005 An extension was requested for Case #04-26 which would be due on January 19, 2005. There was discussion and Harry Edwards made a motion to approve the extension for Case #04-26. Maria Martinez seconded the motion. There was no further discussion and the motion passed 5-0. Lt. Broderick stated that four cases may be ready by January 19, and he will do his best to deliver the cases as soon as possible. There was discussion regarding scheduling subcommittee dates. An extension was requested for Case #04-28. Lt. Broderick stated that the case should be ready in advance of due date. With the extension, it would be due on January 24, 2005. Becky Richardson made a motion to approve the extension to January 24 for Case #04-28. Harry Edwards seconded the motion. There was no further discussion and the motion passed 5-0. Old Business: New member — Becky Richardson stated the new CRB member would be present on January 21. She asked that an email list be updated. Maria Martinez stated her email is maria.martinez(cDcolostate.edu. Lt. Broderick stated he will send out a new email list. Visit with Chief Harrison -- Lt. Broderick stated he would schedule Chief Harrison to come to a CRB meeting in January. He stated the Year End Report will only be a reflection of cases received. Total received in 2004 was eight cases. Four will be received in January 2005. In 2005, he stated the Board can expect to receive 12 cases, as compared to 1999 and 2000, when the Board received only two or three. Council Liaison -- Becky Richardson asked who would be the ,CRB Council liaison. Lt. Broderick stated he wasn't sure how it is determined who will be the Council liaison, but it will not necessarily be the Mayor. Lt. Broderick will check with the City Clerk's office. Draft memo to Mayor — Dave Evans distributed a draft of a memo to the Mayor informing him and City Council that the CRB is available if City Council has questions or interest in knowing how the CRB functions and its process. He asked for feedback and that the draft be revised as the members desired. Harry Edwards asked if it is part of the CRB's charge to keep the Council informed. Brian Carroll stated that the CRB does not make policy but advises the City Council and the City Manager's Office. The role of the City Council liaison was discussed. Harry Edwards was concerned with the draft memo and its statement that the CRB's function is to keep City Council informed as he was not certain this was included in the ordinance. There was discussion regarding how the Board wanted to contact the Mayor. Changes were made to the draft memo, regarding questions about allocations of personal services funds for Police Services, which were based on discussion at the previous meeting. Brian Carroll stated that someone on City Council, or the CRB liaison, should have clarified the role of the CRB during the discussion of the HRC's recommendations. Harry Edwards suggested that the matter be dropped since the CRB has not received a formal request from anyone inquiring about what the CRB is or is not doing. Brian Carroll stated that the HRC chair visited a CRB meeting to explain some concerns, but they were not clear. Harry Edwards stated that it had to do with the process of filing a complaint. Brian Carroll stated that former HRC chair, Ken Gordon, was unclear and the things that were a concern were actually with the HRC and Police Services. Harry Edwards stated he believes it is important to have a good relationship with the Council liaison. Becky Richardson stated that on many occasions she had sent the Mayor emails on behalf of the CRB and that the communication does not need to be formal. Dave Evans stated that he didn't want to stir the pot and that he wanted the Board's approval before contacting the liaison. Becky Richardson stated that the Board had always given its approval of any communication sent to the Council liaison but that she was comfortable in writing such communication. Harry Edwards moved that the memo to the Mayor be dropped. Maria Martinez seconded the motion. She stated that it was best to leave it alone if the Board has not been asked specifically. Maria Martinez asked Elaine Boni of the HRC if she thought action was required on behalf of the CRB and she stated no. There was no further discussion. The motion passed 5-0. 2005 Meetings — Lt. Broderick stated that the City Clerks Office put together the calendar of 2005 meetings. Proposed Findings and Notification memo — tabled until the next meeting when Greg Tempel is present. Periodic Review -- According to the Boards and Commissions Manual, the CRB is due for a periodic review. The City Council discusses and reviews each board every six years. The Board will be asked to complete a self -review, and the City Council will discuss the CRB at a study session. Members can be present if they desire, however it is not intended to be a dialogue with City Council. Information from the Year End Report will be utilized, and Lt. Broderick requested again that if the Board desired something different in the Report, to let him know. Deadline to turn in the report is January 31. Harry Edwards wondered if it would be helpful to consult with other boards that had completed the review. Lt. Broderick stated that the process is listed in the Boards and Commissions Manual, and Harry stated he would review it. Dave Evans asked if the CRB should prepare a packet for the City Council to include the minutes and other actions of the CRB, and Lt. Broderick stated that they are already provided to the City Manager's office and posted on the web. Adjournment: Becky Richardson made a motion to adjourn the meeting at 7:16 p.m. Harry Edwards seconded the motion. There was no discussion and the motion passed 5-0. 0 Next Meeting: Wednesday, January 19, 2005, 6:00 p.m., in the CIC Room, 300 Laporte Avenue.