HomeMy WebLinkAboutCitizen Review Board - Minutes (Subcommittee) - 11/05/2003CITY OF FORT COLLINS
CITIZEN REVIEW BOARD 3001 aPorte Avenue. P.O. Box SRO . For Collins. Colorado 90522-0590 . (970)616-2707
ORIGINAL
Citizen Review Board Subcommittee Meeting Minutes
Case No. 2003-19
Wednesday, November 5, 2003
City of Fort Collins CIC Room
Present: Harry Edwards, Subcommittee Chair
Jim Butzek, Subcommittee Vice Chair
Monica Garcia, Subcommittee Member
Becky Richardson, Subcommittee Substitute Member
Absent: No Subcommittee Members were absent.
Staff: Sgt. Cory Christensen, Fort Collins Police Services
Lt. Jim Broderick, Fort Collins Police Services
Greg Tempel, Senior Assistant City Attorney
Public: Cecilia Garcia
Kenneth Garcia
Amy Newmeyer
Leroy Gomez
David Lipp
Sarah Langbein
Amy Bergstrom
Call to Order: Subcommittee Chair Edwards called the meeting to order at 6:15 p.m.
Case 2003.19: Subcommittee Chair Edwards advised that, pursuant to the provisions of Sections 2.138 at seq. of
the Code of the City of Fort Collins, the Citizen Review Board Subcommittee will undertake a
review of an internal investigation conducted by the Office of Police Services, Case No. 2003-19,
relating to events of alleged police officer use of force and unprofessional conduct. The review is
limited to examination of the sufficiency and accuracy of the administrative investigation materials
prepared by the Office of Police Services.
Subcommittee Chair Edwards requested that all persons wishing to address the Subcommittee
identify themselves and inform the Subcommittee of the form of materials to be presented and the
time required for such presentations. The following persons identified themselves and requested
time to address the Subcommittee:
Kenneth Garcia requested 5-10 minutes to make an oral presentation.
Amy Newmeyer requested 5-10 minutes to make an oral presentation.
Leroy Gomez requested 10 minutes to make an oral presentation.
Executive At 6:30 p.m. Subcommittee Member Garcia offered the following motion: "As authorized by City
Session: Code sections 2-71(d)(2) and 2-31(a)(2), I move to go into executive session for the purpose of
receiving and considering evidence relating to internal investigation number 2003.19 conducted by
Police Services, 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."
Subcommittee Member Butzek seconded the motion. There was no discussion, and the motion
carried 3-0.
Citizen Review Board Subcommittee Meeting Minutes
Case No. 2003-19
Wednesday, November 5, 2003
City of Fort Collins CIC Room
Page 2
Prior to going into executive session, Subcommittee Chair Edwards 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.
Presentations: Commencing at 6:32 p.m., Kenneth Garcia addressed the Subcommittee to present information
and respond to questions from members of the Subcommittee. Leroy Gomez also spoke during
this portion of the executive session. Those present during this portion of the executive session
were Harry Edwards, Jim Butzek, Monica Garcia, Becky Richardson, Greg Tempel, Kenneth
Garcia, and Leroy Gomez. This portion of the executive session ended at 6:47 p.m.
Commencing at 6:48 p.m., Amy Newmeyer addressed the Subcommittee to present information
and respond to questions from members of the Subcommittee. Leroy Gomez also spoke during
this portion of the executive session. Those present during this portion of the executive session
were Harry Edwards, Jim Butzek, Monica Garcia, Becky Richardson, Greg Tempel, Amy
Newmeyer, and Leroy Gomez. This portion of the executive session ended at 7:06 p.m.
Recess: At 7:06 p.m., without objection, Subcommittee Chair Edwards called a recess.
Executive At 7:13 p.m., Subcommittee Chair Edwards called the meeting back into executive session.
Session: Cory Christensen and Jim Broderick responded to questions from Subcommittee members
concerning evidence contained in the case notebook. Those present at this portion of the
executive session were Harry Edwards, Jim Butzek, Monica Garcia, Becky Richardson, Greg
Tempel, Cory Christensen, and Jim Broderick.
Open Session: At 7:45 p.m. Subcommittee Member Butzek moved to adjourn from executive session to open
session. Subcommittee Member Garcia seconded the motion. There was no discussion, and the
motion carried 3-0.
After some discussion in open session, Subcommittee Members expressed the need for additional
time in executive session.
Executive At 7:54 p.m. Subcommittee Member Butzek offered the following motion: "As authorized by
Session: City Code sections 2-71(d)(2) and 2-31(a)(2), I move to go into executive session for the purpose
of receiving and considering evidence relating to internal investigation number 2003-19 conducted
by Police Services, 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."
Subcommittee Member Garcia seconded the motion. There was some discussion, and the motion
carried 3-0.
Those present for this executive session were Harry Edwards, Jim Butzek, Monica Garcia, Becky
Richardson, Greg Tempel, Cory Christensen, and Jim Broderick.
Open Session: At 8:04 p.m. Subcommittee Member Butzek moved to adjourn from executive session to open
session. Subcommittee Member Garcia seconded the motion. There was some discussion, and
the motion carried 3.0.
Citizen Review Board Subcommittee Meeting Minutes
Case No. 2003-19
Wednesday, November 5, 2003
City of Fort Collins CIC Room
Page 3
At 8.11 p.m. Subcommittee Member Butzek moved that the internal investigation for case number
2003-19 prepared by the Office of Police Services is sufficient and accurate. The motion includes
the following four recommendations:
(1) For future cases, the Office of Police Services is asked to use certified mail in all
written correspondence sent to complainants, witnesses, and victims.
(2) For future cases, the Office of Police Services is asked to include reports on closely
related incidents and events. For example, events relating to the July 9, 2003, 911
call by Amy Newmeyer and subsequent follow-up actions by Police Services
personnel would have been of interest to the Subcommittee for case number
2003.19.
(3) For future cases, the Office of Police Services is asked to supply a CD to each
Subcommittee Member of recorded interviews with complainants, witnesses, and
victims. The printed interview summaries are useful and should continue to be
supplied to Subcommittee members.
(4) For future cases, the Office of Police Services is asked to supply layout diagrams for
locations at which alleged inappropriate Police Services' actions occurred. For case
number 2003-19, such a diagram would have been helpful in clarifying the locations
of various events described in the case notebook.
The motion carried 3-0
Adjourn: At 8:12 p.m. Subcommittee Member Butzek moved to adjourn. Subcommittee Member Garcia
seconded the motion. There was no discussion, and the motion carried 3-0.