HomeMy WebLinkAboutCitizen Review Board - Minutes - 10/15/2003Citizen Review Board ORIGINAL
Regular Meeting
Wednesday, October 15, 2003
City of Fort Collins CIC Room
Present: Brian Carroll, Harry Edwards, David Evans, Monica Garcia, Jim Butzek.
Absent: Maria Martinez and Becky Richardson
Staff: Lt. Jim Broderick, Staff Liaison, Greg Tempel, Assistant City Attorney, and Vicki
Mesa, Secretary.
Public: Alex Miller, CSU Student.
Call to
Order: The meeting was called to order at 6:05 p.m. The September minutes were
reviewed. Brian Carroll made a motion to approve the minutes. Harry
Edwards seconded the motion. Motion carried 4-0.
Absences: Becky Richardson had an approved absence.
Voice
Mail
Message: There was no notice from Becky Richardson that there were voice mail messages
this month.
Public: Alex Miller stated he was a journalism student at CSU and was attending to
observe the Board for a class.
New Business:
$ Case 2003-19. It was noted that Sgt. Christensen distributed the case to everyone last
week. Harry Edwards stated that a subcommittee meeting date needed to be set. After
discussion the Subcommittee members decided that the meeting would be held on
November 5, 2003, at 6:00 p.m. Harry Edwards requested that Lt. Broderick secure a
room in City Hall West for the meeting. Harry Edwards stated that he would email
Becky Richardson regarding the details of the meeting place and time. Lt. Broderick
stated he would follow through with an email to the Subcommittee members when the
room was secured.
Pending
Cases:
One case pending. Subcommittee names were drawn as follows:
1. Becky Richardson, Subcommittee Chair
2. Maria Martinez, Subcommittee Vice Chair
3. David Edwards
4. Jim Butzek
5. Brian Carroll
6. Monica Garcia
7. Harry Edwards
Lt. Broderick stated this case should have come to the Board immediately because the top
of the complaint contained the heading "Civil Rights Violation". Lt. Broderick noted that
the decision to send the case to the Board was made by Sgt. Christensen and Chief
Harrison.
Lt. Broderick spoke of a letter the Board had received from Greg Walker, dated
September 11, 2003 and the Board briefly discussed the contents of the letter.
Jim Butzek asked if the letter from Mr. Walker could be considered in open session.
Greg Tempel stated the time frame for making a complaint to the C.R. B. is within one-
year of the incident, and stated this complaint was well past the timeline which states as
follows:
(b) Except as provided in subsection (k) of this Section, within forty-five
(45) days of learning of an incident involving police officer or community
service officer use of deadly force as specified in subsection (2)a of § 2-
139, or within forty-five (45) days of its receipt of the written complaint of
any person involved in an incident when such person alleges police officer
or community service officer misconduct as specified in subsection (2)b of
§ 2-139, occurring within one (1) year of said complaint, Police Services
shall conduct an administrative investigation, and forward the
investigatory file to the board for review.
(k) In the event that the actions of police officers or community service
officers are being actively reviewed for consideration of criminal
prosecution against said officers by the District Attorney's Office or other
governmental entity which has the ability to bring criminal charges, Police
Services may toll the running of any time limits for the completion of its
administrative investigation until said prosecuting entity has announced
that it has ceased its active review or made a charging decision, whichever
first occurs. If Police Services determines that such tolling of the time
limits should occur, it shall provide written notice to the board and the
complainant of its decision.
David Evans made a motion to respond to Mr. Walker's correspondence to
advise him that the matter was past the time frame in which a complaint was
allowed to be heard. Jim Butzek seconded the motion.
Greg Tempel stated he would draft the response to Mr. Walker on behalf of the
Board.
Lt. Broderick stated that the incident which Mr. Walker refers to is being
investigated by Internal Affairs, and reported it does not meet the criteria for
review by the Citizen Review Board.
Jim Butzek asked if Mr. Walker could file a complaint to the CRB after the
Internal Affairs investigation is completed.
Greg Tempel stated that the one year requirement of the City Code (cited above)
would prevent review by the Board.
The vote on David Evans motion was passed 4-0.
New
Business: Lt. Broderick reported that Chief Harrison was available and willing to attend an
Executive Session at the December meeting.
Brian Carroll stated that the December meeting is typically cancelled because of
the holidays.
Harry Edwards asked if the Chief could attend the November meeting.
Jim Butzek asked Lt. Broderick to request that Chief Harrison meet with the
Board in November. Lt. Broderick stated he would make that request on behalf of
the Board.
Old
Business: None.
Adjournment: Harry Edwards made a motion to adjourn the meeting. David Evans
seconded the motion. There was no discussion and the motion passed
4-0. The meeting adjourned at 6:34 p.m.
Chair