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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.