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HomeMy WebLinkAboutCitizen Review Board - Minutes - 08/18/1999r Citizen Review Board Regular Meeting Wednesday, 08-18-99, 18:30 City of FC Human Resources Conference Room Present: Greg Tempel -City Attorney's Office, Chuck Wanner -Council Liaison, Francis Gonzales-FCPD Internal Affairs Sergeant, Brian Carroll, Donald Colby, Carole Stansfield, Monica Garcia, Rick Aulino, Becky Richardson Absent: Sam Blanco, Hal Dean -Staff Liaison Call to The meeting was called to order @ 18:35. Minutes were read. Rick Order Aulino made to a motion to accept the minutes. Brian Carroll seconded. No discussion. Vote was taken, motion carried 5-0. Note on 5-0 vote: Carole Stansfield was not present to vote on approval of minutes. Agenda Confidential files can be taken home for review. Reasonable steps Topics must be taken to ensure that they are kept confidential. Brian Carroll presented the question of whether CRB members, not randomly drawn, to serve on a sub -committee could be present at executive session to observe deliberation process. No one can be present at the sub -committee executive sessions except Greg Tempel (or assign from City Attorney's Office) as legal council to CRB and those allowed for in the CRB Ordinance -Review Process. It was stressed that all committee members should attempt to attend meetings. If unable to attend a meeting, effort should be made to contact one of the CRB members to inform CRB of absence. Brian Carroll made a motion that regular meetings be held @ City of FC Human Resources Conference Room every third Wednesday of the month @ 18:30. Don seconded. Discussion ensued that this would provide consistency, be less confusing to the public and possibly more accessible. Vote was taken, motion carried 6-0. Rick Aulino handed out copies of The NACOLE Review along with a NACOLE membership application. Copy attached. Lengthy discussion related to 45 (+30) day timeline. Diagram drawn by Rick Aulino as to how timeline should look. Copy of timeline attached. CRB Special Meeting • 08-18-99, 6:30 p.m. page 2 Chuck Wanner suggested that if the timeline proves to be unworkable Council may consider changing ordinance. He stressed that intention is to not have every case be an exception to the timeline. Question was raised regarding using Greg Tempel and City Attorney's Office as legal council since they also represent the FCPD. If this should occur and CRB needs to outside legal council; it can be appointed. The city has agreements with some surrounding cities to "trade off' council to avoid this type of situation. City Council could also secure outside legal council if CRB and City Council felt this was necessary. By-laws Greg Tempel presented a draft of by-laws. Copy attached. The bulk of the meeting was spent reviewing and amending the draft. Greg Tempel will make suggested changes and present to CRB at the next meeting. Adjournm Rick Aulino made a motion to adjourn, Brian Carroll seconded. ant Meeting adjourned at 21:15. Next The next regular meeting of CRB will be Meeting p.m. at City of FC Human Resources Cc Mountain. Jay, 09-15@ 6:30 Room, 200 West 0 45 days (+30) IA —> Sgt —), Lt Commander 45 days (+30) m Chief Meeting called by: Facilitator- Note taker: CITIZEN RETIEW BOARD` 08/18/99 630 PM to 8:00 PM - 200 W. Mountain Citizen Review Board Donald E. Colby pending Attendees: Rick Aulino, Donald Colby, Hal Dean, Monica Garcia, Becky Richardson, Carole Stansfield, Greg Tempel, Chuck Wanner Please read: minutes from previous meeting larly- DRAFT #I BYLAWS OF THE CITIZEN REVIEW BOARD CITY OF FORT COLLINS, COLORADO Article I - Introduction Section 1. The Citizen Review Board (`Board") was created by the City Council through the adoption of Ordinance Number 76, 1998. This ordinance codified the creation of the Board at Sections 2-136 through 2-142 of the City Code. Section 2. These Bylaws are intended to assist the Board in carrying out its functions as set forth in Section 2-139 of the City Code and are specifically authorized by Section 2- 141 of the City Code. In the event of inconsistency between these Bylaws and the provisions of the City Code, the provisions of the City Code shall take precedence. Article II - Officers Section 1. The officers of the Board shall be a chairperson and a vice chairperson. The Board shall elect these officers from the membership of the Board for a term of one year. Members are eligible for re-election. The election of the chairperson and the vice chairperson shall be held during the annual meeting of the Board in September of each year, or as soon thereafter as practicable. Section 2. A vacancy in the office of chairperson shall be filled automatically and -temporarily by the vice chairperson and a new chairperson shall be elected to fill the unexpired term at the next regular meeting of the Board or as soon thereafter as practicable. A vacancy in the office of vice chairperson shall be filled by election for the unexpired term at the next regular meeting of the Board or as soon thereafter as practicable. Section 3. The chairperson shall preside at regular, special, and executive session meetings of the Board and shall, subject to these Bylaws, decide points of procedure unless otherwise directed by a majority of the Board members present at that meeting. The chairperson shall be the spokesperson for the Board to City Council and to the public at large. / t .. _ 4, _ , L._ . Section 4. The vice chairperson shall be responsible for assisting the chairperson in performing the chairperson duties as assigned by the chairperson. The vice chairperson shall act in the role of the chairperson in the chairperson's absence. Section 5. Each review subcommittee shall be headed by a subcommittee chairperson who shall be the first member randomly selected for the subcommittee who is able to serve without conflict, as set forth in section 2-138(d) of the City Code. The subcommittee chairperson shall preside at regular, special, and executive session meetings of the subcommittee and shall, subject to these Bylaws, decide points of procedure unless otherwise directed by a majority of the subco ttee members present at that meeting. ono a e"`fhe spokesperson for the Article III - Meetings of Entire Board Section 1. Regular meetings of the Board shall be held on the third Wednesday of each month or as otherwise established by the Board at a regular meeting. The time and location of the meetings shall be as determined by the Board at regular meetings. Section 2. Special meetings of the Board may be calledthe chairperson, provided notice thereof is given to all members not less than hours in advance of the meeting. Notice shall be deemed effective if delivered in writing to the member's home or business location as reflected in the records of the City Clerk, if delivered verbally by direct communication (in person or telephonic), or if the member attends the meeting. Ylnt yw a n xinY n asi7 c Two T J Section 3. All meetings of the Board shall be open to the public at all times, except that the Board, upon the affirmative vote of two-thirds of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session as enumerated in Section 2-31 of the City Code, insofar as such matters may be pertinent to the purposes for which the Board has been established by the City Council. No final policy decision shall be made nor shall any resolution be passed or other formal action taken by the Board in executive session. Public notice of the Board meetings shall be provided as required in the City Code and in the Boards and Commissions Manual. Section 4. A quorum of the Board shall consist of a majority of the members of the Board. Section 5. Minutes of the meetings stall be kept and provided �ory the staff liaison to the Board..- Lt a bn(,Vz_ Article IV - Meetings of the Review Subcommittees Section 1. Meetings of a review subcommittee shall be called by the subcommittee chairperson who shall provide not less than 24 hours advance notice to each member of the subcommittee, including the substitute member. Notice shall be deemed effective 2 if delivered in writing to the subcommittee member's home or business location as reflected in the records of the City Clerk, if delivered verbally by direct communication (in person or telephonic), or if the member attends the subcommittee meeting. Public notice of the subcommittee meetings shall be provided as required in the City Code and in the Boards and Commissions Manual. 1Maa9u. e - h.�^-�--� Section 2. All meetings of the review subcommittees shall be open to the public at all times, except that the subcommittee shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by the Office of Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed requests that the matter be considered in open session. Additionally, the subcommittee, upon the affirmative vote of two- thirds of the quorum present, may go into executive session for the purpose of considering such matters as would be permissible for consideration by the City Council in executive session as enumerated in Section 2-31 of the City Code, insofar as such matters may be pertinent to the purposes for which the subcommittee has been established by the City Council. No final policy decision shall be made nor shall any resolution be passed or other formal action taken by the Subcommittee in executive session. Section 3. A quorum of a review subcommittee shall consist of two regular members of the review subcommittee. The substitute subcommittee member shall be deemed to be a regular member at any subcommittee meeting at which any of the three regular members are absent. Article V - Subcommittee Procedures Section 1. Selection of Review Subcommittee. The chairperson of the Board shall randomly select four (4) members of the Board to serve on each review subcommittee. The entire Board membership will be in the selection pool for each subcommittee selection process. The selection process =ed natbe performed at a meeting of the Board,4w,the chairperson shall report the selection process to the Board at the next regular meeting of the Board following the conduct of a selection process. Upon selecting the members to serve on a review subcommittee, the chairperson will contact each selected member and determine whether or not the member is able, without conflict, to serve on the subcommittee. If a member is unable to serve due to a conflict, the chairperson will instruct the member to complete and file with the City Clerk a Conflict of Interest Disclosure Statement (form contained in the Boards and Commissions Manual) and the chairperson will then randomly select another member to serve on the subcommittee. The first member randomly selected for the subcommittee who is able to serve without conflict shall be the review subcommittee chairperson. The fast three members randomly selected for the subcommittee who are able to serve without conflict shall be the regular members of the subcommittee. K The fourth member randomly selected for the subcommittee who is able to serve without conflict shall be the substitute subcommittee member. Section 2. Subcommittee Operation. The subcommittee chairperson shall be responsible for scheduling the first meeting of a review subcommittee pursuant to the provisions of Section 1 of Article IV, above. At the time that the subcommittee chairperson schedules the first meeting of the subcommittee, the chairperson will request that the staff liaison for the Board notify any police officers or community service officers who are the focus of a complainant's allegations of misconduct of their rights to request that the review be conducted in open sessions. The subcommittee chairperson shall be responsible for ensuring that the work of the subcommittee is completed within the time constraints imposed by the City Code. Each meeting of the review subcommittee shall commence and be conducted in public session except that the subcommittee may adjourn into executive session pursuant to the provisions of Section 2, Article IV, above. If practicable, each member of the review subcommittee shall be provided with a copy of the Police Services internal investigation file prior to the first meeting of the subcommittee. Each subcommittee member shall maintain the confidentiality of the file at all times. At its first meeting, the subcommittee shall commence its review of the internal investigation file and attempt to determine whether it will be necessary to request testimony or additional information from the complainant, witnesses and/or police investigators. Section 3. Role of Substitute Member. The substitute subcommittee member shall be deemed to be a regular member at any subcommittee meeting at which any of the three regular members are absent. The substitute member shall be allowed to participate in subcommittee discussion and questioning during the subcommittee meetings, including executive sessions; however, the substitute member shall only be allowed to move and vote on subcommittee matters when the substitute is serving as a regular subcommittee member. Section 4. Review of Internal Investigation. In reviewing the sufficiency and accuracy of the internal investigation, the review subcommittee shall only consider the information which comes before it or is brought to its attention at a meeting of the subcommittee. Any persons who attempt to provide information to individual members of the subcommittee outside of the meeting of the subcommittee shall be informed by the contacted subcommittee member to: (' - ""rmaon, (ii) provide the information in writing so that it can be shared with the entire subcommittee at a meet in orinuestigatien le. Any subcommittee member who feels threatened or harassed by any person may report the incident to the Board's staff liaison, Police Services, and the City Attorney's ��OffilIce. 1 (Jl tN� ` �Y`Ca;1n ifi S�w'11 12L Article VI - Amendments Section 1. These Bylaws may be amended by a majority vote of a quorum of the Board members present at any regular meeting provided that notice in writing of such proposed amendment has been given to each Board member at least ten (10) days prior to such meeting or provided that such amendment was read or provided in writing at the last preceding regular meeting of the Board. Adopted this _ day of , 1999, by the Citizen Review Board. ATTEST: Vice Chairperson Chairperson 5 ot 0_7 lian Ov 0e rfg� � �ar 0<+ SPRING 1999 IN 2 THIS ISSUE ABOUT NACOLE 3 FROM THE PRESIDENT 4 PRESS RELEASE ON ' DIALLO SHOOTING 5 DRIVING WHILE BLACK 6 RESOURCES FOR THE CIVILIAN OVERSIGHT COMMUNITY 7 1998 CONFERENCE KEYNOTE ADDRESS 9 NEW CITIZEN REVIEW BOARDS 10 LETTERS FROM OUR COLLEAGUES 11 EDITORIAL: CLINTON'S NEW STANCE ON POLICE BRUTALITY 12 INCIDENTS OF POLICE ABUSE AROUND THE COUNTRY For Immediate Release February 12, 1999 NYC Police Shooting of Unarmed African Immigrant The Board of Directors of the National Association of Civilian Oversight of Law Enforcement (NACOLE) is outraged by the recent shooting of an unarmed black man by officers of the New York City Police Department. NA- COLE urges an immediate and independent investigation of the shooting of Amadou Diallo by the US Department of Justice and the Bronx District Attorney' s Office. Diallo, an unarmed 22 year old immigrant from Guinea, West Af- rica, was tragically shot dead by four New York Police Officers on February 4, 1999 in the doorway of his home in Bronx, NY. Accordinc to news reports, four police offic- ers fired a total cf 41 bullets from the 9mm semiauto- matic handguns, hitting Mr. Diallo 19 times. He had no criminal record according to the New York Times and was carrying only a beeper and a wallet. This case and the 7_997 case of horrific police brutaiity toward Abcer Louima, a Haitian immigrant, dem- onstrate disturci::g catters of pol_.._ bruta:_t_; and ex- cessive and cse cf force by the New York City "clice Department towara minority groups. The major - of CS complaic�s of civil riahts violatic r. and _police brut aiity are '___., by min.crity groups-oreacm._nantiv Af- rican-3mericars. New _� crk __ _ .�vii__c=ompiaint P.evie•.� 3oard = ....__�ently reporzsthat the -.a crity of ^omeiairas _.__a_:es are tiled cv-fri_ar-Americans. NACOic ncarcea c, :his ;r-.ii::a arena ..:: :roes that . -,_._ _ a Cecar „ dress 'ese : _o1a- d _..s . to -m __ orms ' � eview • 2 A BRIEF HISTORY OF NACOLE 'n 1993, several members of the U.S. delegation to the International Association for Civilian Oversight of Law Enforcement (IACOLE) conference in Cambridge, Massachusetts met to discuss issues of mutual concern relating to civilian oversight within the United States.The agenda of this meeting was the formation of a national organization to address the specific needs of civilians organized for law en- forcement oversight. At the 1994 IACOLE conference in Orlando, Florida, U.S. delegates continued to discuss the creation of the new national organization. In April of 1995, a group of individuals met in Landover, Mary- land and approved the articles of incorporation and preliminary bylaws. On May 16, 1995, the National Association for Civilian Oversight of Law Enforcement (NACOLE) began its operations. As NACOLE continues to grow, the relationship between police and community —particularly the minority community —continues to be one of the most critical social issues facing this country.The number of civilian oversight agencies in the U.S. has significantly increased. Of the nation's 100 largest cities, 71 have citizen review mechanisms. Since 1996, NACOLE has assisted more than 20 cities in their establishment of systems. NACOLE recognizes that the majority of law enforcement officers strive, often under dangerous and demanding circumstances, to carry out their duties in a restrained, lawful and professional manner. Despite this, the United States has a growing crisis of police misconduct. Citizens want to feel secure that police officers are in the community to serve and protect all citizens of that community We believe that citizens have a right to assurance that adequate mechanisms are available to review and investigate ques- tionable or unacceptable actions of law enforcement officers. ■ BOARD OF DIRECTORS Officers Brian C. Reeder, President, Indianapolis, IN Malvina Monteiro,Vice President, Cambridge, MA Larna Spearman, Secretary, Indianapolis, IN Clyde B. Davis, Treasurer, Lanham, MD Members -at -Large Merrick Bobb, Los Angeles, CA Donald Casimere, Richmond, CA James L. Johnson, Cincinnati, OH Joseph Sandoval, Denver, CO Sue Quinn, San Diego, CA K. Felicia Davis, Syracuse, NY The NACOLE Review is a publication of the National Association for Gvilian Oversight of Law Enforcement Clyde B. Davis The NACOLE Review P.O. Box 1110 Lanham. MD 20703 tel: (30 1) 73 1-5808 fax: (301) 794-0264 Spring NACOLE STRIVES TO: ■ facilitate and involve the community as a true part- ner in community policing; ■ Provide for establishment, development, education and technical assistance in all phases of civilian over- sight; ■ Develop a national forum to promote the idea of civilian review; ■ Establish a clearinghouse of information; ■ Provide technical assistance for emerging organiza- tions; ■ Provide continuing education opportunities for prac- titioners of civilian oversight; ■ Develop an extensive library of research materials and publications for use in the field; ■Encourage the highest ethical standards in civilian oversight organizations; ■ Educate the public by developing mechanisms to en- hance police and community relations; ■ Educate law enforcement agencies and encourage them to respond with sensitivity to citizens' complaints; ■ Encourage full racial and ethnic representation and participation in NACOLE and the organizations over- seen by its members. NACOLE ' • - LETTER FROM THE PRESIDENT "I feared for my safety and the safety of the other officers involved..." "It appeared he was reaching for a gun..." s reports come in from all over the country concerning police abuse in various jurisdictions, Incidents in New York City completely overshadow the accounts of police misconduct in other cities. It seems there is a mindset that considers this misconduct of police officers an anomaly instead of a national epidemic. jurisdictions large and small are being ravaged by the incessant and unfor- tunate behavior of a small percentage of police officers who seem to think they can "become the law" instead of "enforcing the laws" of the people they have sworn to protect and serve. However, African American and Latino communities experience a different face of police com- mitment to their communities. Abuses are everyday events: police harassment, groundless traffic stops, strip searches, handcuffing for officer safety while detaining speeders, arrests for disorderly conduct when asked for a badge numbers or names, multiple issuance of uniform traffic tickets for taillight violations, seat -belt violations and crossing the center or yellow Iine.These are all charges which have been used when the stop and search of minority drivers did not discover drugs, guns or the like. These incidents don't receive the newspaper headlines police shootings, beatings, deaths in custody and use of CS on minors all receive, but they are still extremely powerful motivators for the distrust and negative percep- tions of police by our constituents. We must address the roots of this police misconduct within the academy and the culture of law enforcement —urban diversity can hardly be made commonplace to young recruits through 20 hours of diversity training at the start of their academy training.A loaded weapon and virtually unrestrained power to use it do not contribute to positive conflict resolution in "strange" or "foreign" cultures and communities. Police abuse is no longer ghettoized in minority communities. Middle class and affluent neighbor- hoods are now experiencing being "caught" in the middle of nowhere with no witnesses and nowhere to turn except the courts or the Review Process to investigate the matter. Currently, people are turning to the courts and away from Citizens' Review Panels because of the latter's failure in taking decisive action. As practitioners, we must do whatever is necessary to improve the image of our citizen's review pro- cesses and raise the expectancy and faith of the public in the CRP. ■ Publicize tracking mechanisms of officers who have multiple incidents without witnesses so that discipline still may be administered by the department upon the recommendation of the CRP. ■ If there is no tracking mechanism in place, work until there is one. ■ Catalog and publish reports that reveal trends and geographical areas where police abuses occur. ■ Raise the level of community concern so that the public can put pressure on officials to effect change. Often, the people who are in the position to prevent police abuses are not even aware there is a problem. Ensure that information is widely available to officials and to the public so that our democratic institutions can be put to work. ■ The bottom line is: make things happen in your jurisdiction. A strong citizen presence independent of internal police processes —is essential to hold individual officers accountable for their actions. Citizen Review Panels must work proactively and progressively with police agencies to reduce the frequency of police misconduct in our jurisdictions. Our organizations have begun to solidify themselves as agencies where people can come and expect their concerns to be ad- dressed in a professional and decisive manner. It will take a valiant effort on the part of NACOLE and other like-minded agencies to effect change, but we must perservere.This is not a quest for the faint of heart. ■ —Brian C. Reeder, President, NACOLE S rin • Review 0 INCIDENTS OF POLICE ABUSE AROUND THE COUNTRY Bronx, NY Unarmed West African immigrant shot dead by NYC police. 41 total bullets were fired. Below is one article from the media flurry surrounding the event Pataki slams Giuliani's handling of shooting 'Part of governing is ... listening to criticism,' he says By Chelsea J. Carter, Associated Press, 03/22/99 NEW YORK - Governor George E. Pataki criticized Mayor Rudolph W. Giuliani yesterday for his handling of the police shooting death of Amadou Diallo, saying the incident has created ''understandable moral outrage.'' ''The Diallo incident was so horrendous and so horrific that it has created a sense of moral outrage, an understandable moral outrage, for all of us, " Pataki said on ABC's ''This Week.'' Giuliani has come under increasing criticism in recent weeks from mi- norities and others who say he has not adequately responded to the Feb. 4 killing of Diallo, in which four officers fired 41 shots at the unarmed West African immigrant. He was struck 19 times. ''There is a legitimate fear, among particularly minority groups, that the police can from time to time be too quick to take violent action,'' Pataki said. A spokesman for Giuliani said that the mayor had not seen the interview and therefore could not comment on it. Almost daily rallies have been held outside the police headquarters, withprotesters demanding the suspension and arrest of the four white officers involved in the shooting. Protesters, including the Rev. Al Sharpton, formermayor David Dinkins, and Democratic Representative Charles Rangel, have been arrested. Giuliani has called the daily demonstrations and arrests ''publicity stunts.'' ''The city is doing very well, but part of governing is being tolerant and listening to criticism and responding appropriately to critic -ism,'' Pataki said on the talk show. While Pataki said he agreed with Giuliani that officials should wait until investigations are finished before taking action, he added: ''We cer- tainly can conclude that firing 41 shots at an unarmed person ana killing him is something we can all express moral outrage to without making a legal judg- ment with respect to the actions of any particular individual." Riverside, CA 19 year old African American shot 12 times in the back as she sat in her car. Trenton, NJ Documents released showing that 75 percent of stops on the New Jersey turnpike in a two -month period in 1997 were of minorities. (Associated Press, 2/18/99) continued on page 6 Srin •k NACOLEII' DRIVING WHILE BLACK: A NATIONAL PROBLEM by Sue Quinn ecently much local and national attention has focussed on the issue known as "Driving While Black (or Brown)" or DWB.This article discusses DWB and identifies several resources for civilian review agencies dealing with citizen complaints of stops they perceive have been made for racial purposes. It also links DWB to another serious,current concern in the civilian oversight community: the rise of "Stop and Frisk" law enforcement actions based on race and/or age. In minority communities throughout the country, it is believed that traffic stops are made based on the race and sometimes the age of the driver.These are stops believed to be made without actual probable cause that any infraction or actual offense has been committed —they are stops made on the basis of one's "driving while black (or brown or young):' Conversely, law enforcement either denies this kind of "racial profiling" or states that it recog- nizes how minority communities can believe this, but suggests it is only a perception, that actual probable cause does exist to stop.That argument is countered by others who say that given traffic laws, an officer can always observe a driver long enough to identify some minor infraction as a reason to stop him or her, but that far too many of these stops occur in minority communities, or are made of minority persons driving in non -minority areas.These stops are also known as "Pretext Stops" since it is believed they are made on a pretext or unfairly, and are an attempt to keep minority or youth in their place, to harass and that will, in worst cases, lead to the use of lethal force. No statistics on race, age or gender have been collected, though the ACLU and other concerned groups have called for statistical counting for many years, and the U.S. Congress is now addressing this. RESOURCES In communities with active civilian review boards, commissions, Inspector General systems or other methods of public oversight of police practices, the public oversight method offers a fine arena for public examination and discussion of the individual DWB cases and police policies in local jurisdictions. -The following paper, available on the internet, provides a "map" of how to use your oversight method to address DWB: "Pretext Stops: Where Do We Go From Here?" which is available on the internet at http://www.stanford.edu/class/law495/hecker.htm. In February, 1999, the City of San Diego's Chief of Police, Jerry Sanders, agreed to voluntarily begin collecting racial data on traffic stops, believing that it must be gathered to identify whether DWB scops in San Diego are an actuality or a perception, and recognizing chat even if they are only a perception, that perception itself needs to be addressed.While Chief Sanders will leave his post in mid -April, the City of San Diego is committed to addressing the issue, and may be a model for other jurisdictions who seek to do the same. -Further public hearings are slated for summer and will be held at the City of San Diego Civil Service Commission. For more information. contact the City of San Diego Chief of Police Office at 6 19- 53 1-2000, or the Civil Service Commission at 619-236- 615S. ■ For additional information on the DWB issue, please contact any NACOLE Board Member. 1999 1 f' Review A GUIDE TO NON -GOVERNMENTAL AGENCIES INVOLVED IN MONITORING POLICE MISCONDUCT ALLEGATIONS American Civil Liberties Union wwwaclu.org (contains police practices materials and links to related sites) John Crew, Director Police Project 1663 Mission Street, Suite 460 San Francisco, CA 94103 (41 S) 621-2493 ext. 39 Amnesty International 6 www.rightsforalf-uso.org (contains their recent study of human rights abuses in the United States including police abuse and the prison system) Human Rights Watch www.hrworg Their recent report Shielded from Justice: Police Brutality and Accountability in the US, is available on the web. The author.Allyson Collins, can be contacted at Collina@hrw.org Police Complaint Center wwwpoliceabuse.com 1-800-681-1874 A useful resource for communities without civilian review processes. ACADEMIC RESOURCES Paul Chevigny. New York University School of Law,40 Washington Square South. Newyork, NY 10012. Author of Ewe of the Knife. James Fife. coauthor of Above the Law: Police and the Excessive Use of Force. Jerome Skolnick. NYU School of Law, coauthor of Above the Law: Police and the Excessive Use of Force. Samuel Walker. Professor, University of Nebraska at Omaha. For additionai contacts, particularly for specific regions, please contact Sue Quinn Isuelgq@ool.comj or any other board member. Iryou have contacts or resources that would be of interest to other NACOLE members. please send them to Sue so sne can include them in her growing directory. INCIDENTS OF POLICE ABUSE AROUND THE COUNTRY Washington, DC 85 people shot and killed by DC police since 1990, higher than Los Angeles or Chicago, despite the smaller size of its force. Nearly 75% of officers failed the weapons standard in 1996,and 19 officers had accidentally shot themselves or others in the past 10 years, with more than 120 unintentional dis- charges reported. (Law Enforcement News, 1 1/30/98) continued on page 11 Spring • • . • 1 • NACOLEITIVARI EXCERPTS FROM KEYNOTE ADDRESS BY U.S. REPRESENTATIVE JULIA CARSON 1998 NACOLE CONFERENCE, INDIANAPOLIS, IN ou are engaged in very vital dialog —a situation that has needed to be accommodated by citizens' review commissions, such as you represent here, for a number of years. I believe that because we are in the age of high-technology and the fact that somebody just happened to have a video camera when Rodney King was assaulted out in California it made this whole issue of police brutality a real one, because it was captured on film. It is nothing new of course forAmerica and I'm sure you, as I do, have a great deal of respect for law enforcement. We understand that there are fine women and men who put their lives on the line for our own safety 24 hours a day. But as in any other institution, there are certainly overzealous individuals... no group of people is free from its problems and free from its individu- als whose behavior often times cast a blemish upon the entire organization. And so I understand the very difficult and challenging task that you undertake and I wanted to say how grateful I am that you have committed your eager selves to ensuring what the forefathers probably had in mind when they inscribed that this is one nation under God with liberty and justice for all people.... Police abuse remains one of the most serious and divisive issues in our country. Excessive use of force by police officers persists because overwhelming barriers to accountability makes it possible for some officers to escape scrutiny and punishment and they often repeat their offenses. These abuses include unjustified shootings, severe beatings, fatal chokings, and incidents of racial discrimination and rough treatment. Public or police officials greet each new report of brutality with denials or explain it was an act that was called for. Meanwhile the administrative and criminal systems that should deter the abuses by holding officers accountable instead virtually guarantee them impunity. We had a challenge in Indianapolis to get some teeth... (and] we finally won out in getting some responsible and accountable citizens' review commissions. The prevalence of police misconduct in America has motivated Amnesty International and Human Rights Watch to make police misconduct a key element in their campaigns this year on human rights violations in America...Too often we think that in this country we are immune from such conduct. These groups have recognized that it is time to turn the world's attention to human rights here in America. Police misconduct is a logical starting point. The officers who repeatedly commit human rights violations tend to be a small minority who taint entire police departments. But they are protected routinely by the silence of their fellow officers and by flawed systems of reporting oversight and accountability. This misconduct stands in stark contrast to the example set by the vast majority of police officers; some who have paid for their dedication with their lives. Moreover, the lingering abuse by some in the police community tarnishes the reputation of police among our citizens, at a time when many of our communities are fighting the growing wave of crime and violence. It calls for increased cooperation between the police and its citizens. ...Last year in Indianapolis, we racked up an all-time murder race. This year we are matching that record rate with no ends nor bounds. We have an epidemic of illegal firearms flooding our communities; providing easy access to lethal firepower for criminals . Some of our neighborhoods are working to forge relationships with police officers who have assigned to them to prevent violence. by identifying crime problems and solving them before they erupt into violent crimes. Sadly this effort is hobbled by lingering distrust in many of our most affected areas distrust by community for the Indianapolis Police Department, distrust by members of our minority continues to be fed by incidents of brutality and racial discrimination. We need more police on our streets here to keep watch and to prevent crime before it happens. But we have a lack of commitment by our city administration to beef up the police force and improve relations between the force and many people in our communities. We probably have shortcomings in training and management —it's a common problem in cities of our size. We. like many cities. lack information about trends in abuse and in data about police department 1999 ZLEMNEviLew • Ifl cononueo from page i response to incidents and their plans and actions to prevent brutality... Because of the way cases have that been explained by the media, the average citizen tends to believe that whatever the brutality was, at it was warranted; that the person had no business being there and doing what he or she was doing We have found that police don't always write accurate reports of incidents; in terms of what happens there is some, for lack of a better word, cover-up of what actually happened in a situation... As a member of Congress, I believe that the federal government can play a constructive role in reducing incidents of police misconduct and improve the performance of our police department The U. S. Justice Department has initiated a pattern of practice, civil investigations that have resulted in agree- ments by several cities to implement reform to end police abuses. The Justice Department is advocating reform, such as better use of force training and policies and stronger reporting mechanisms and creation of early warning systems to identify current and potential officers at risk of engaging in abuse and im- proved disciplinary procedures... I want to tell you again how very happy I am that you have come together in this way, to try to exchange ideas and strategies among your peers in this very difficult and challenging, but very necessary business; in terms of insuring that this in fact one nation under God with liberty and justice for all. We talk about human rights violations around the world and we certainly have a number of human rights viola- tions right here in the United States of America and in Indianapolis, Indiana specifically. So, again, I am very happy to be here, very happy that you've given me an opportunity to come and to see all of you wonderful people today. I would say that I would trust that you would pray for me as I go back to the devil's house in Washington, D.C. and I will be praying for you as you pursue your good work. I know that with all of the dialog and exchange that you will have here today that this will in fact eventually become one nation under God with liberty and justice for all people. Thank you so very much. ■ NEW AND CURRENTLY FORMING CIVILIAN OVERSIGHT MECHANISMS • Providence, Rhode Island • Worcester, Massachusetts • Muncie, Indiana Anderson, Indiana • Richmond, Indiana • Knoxville,Tennessee • Jackson, Mississippi • Atlanta, Georgia • Cincinnati, Ohio • Las Vegas, Nevada • Sacramento, California • Duchess County Jail, Staatsburg, NY • Boise, Idaho • Eugene, Oregon • Charlotte, North Carolina • Iowa City, Iowa In addition, Philadelphia has a new Executive Director, Hector Soto, who was formerly Executive Director for the New York City Civilian Review Board. Please join us in supporting them in their endeavors. Spring W �Review CELEBRATING ITS 30TH ANNIVERSARY! KANSAS CITY, MISSOURI OFFICE OF CITIZEN COMPLAINTS he Office of Citizen Complaints and the City community is preparing to celebrate its 30u' anniversary in September 1999.We are very proud of the Office's history and are grateful to Attorney Sidney Willens for his commitment to create a fair and impartial mechanism for redress of grievances for all citizens. HISTORY: The Office of Citizen Complaints probably mirrors that of other civilian review sys- tems. On February 5, 1967, an African American male, Mr. Terry Riley, was traveling home from work when he was detained by a police officer of the Kansas City, Missouri Police Department for traffic infractions.The result of this police act resulted in Mr. Riley being beaten, hospitalized and cited for careless driving, failure to obey a lawful police order and resisting arrest. Attorney, Sidney Willens successfully defended Mr. Riley where the prosecutor dismissed the charges and the subject officer was disciplined. In 1967 the citizens of Kansas City had no form of redress against alleged misconduct by an officer. Each time an incident of this nature would occur, it would create racial tension, bitterness and dishar- mony between the police and in the minority community. Additionally, there had been many allegations of improper treatment, brutality or excessive force or other wrongful conduct by the police towards minorities, especially African -Americans. The Kansas City, Missouri Board of Police Commissions, a group of citizens appointed by the Governor of Missouri, was not attuned to the problems and the needs of the community and did not act on the complaints of the community. After city riots in the spring of 1968, a mechanism was put in place to adequately handle com- plaints of police abuse and misconduct. Attorney Willens undertook the project of researching and studying grievances process in other cities and came up with a detailed set of recommendations to establish a civilian complaint review board. Individuals were able for the first time to register a com- plaint against police officer. Citizens including members of the police department were against the proposal to create a civilian review board citing it was unnecessary and would negatively effect the morale of the officers. On September 5, 1969, the Board voted and adapted the proposal for the creation of complaint system for Kansas City. On September 25, 1969 the Office of Citizen Complaints officially opened its doors. Over the years it has assisted in facilitating understanding and conciliation between the citizens and the police. The complaint system implemented restored the citizen's confidence in the police department and reduced the racial tension which was plaguing Kansas City Today this office continues to be free of police control and operates under the authority of the Board.The office remains commit- ted to its primary purpose and mission to protect the citizen from the possibility of abuse of by police officers, and at the same time protect the police officers from unjust and unfair allegations. The office investigates about 450 complaints per year and makes recommendations to the Chief of Police.The Chief has the responsibility of deciding on the appropriate disciplinary action.The Office assures the citizens of Kansas City that all complaints will be expeditiously, fairly, and thoroughly medi- ated or investigated. A copy of the Ordinance creating the board can be obtained by contacting:1. Pearl Fain at ( 816) 234-5008. ■ $ rincin � Z111MIReview W Kansas City, MO Pregnant waitress shot by police. Case surrounded by allegations of police harassment and intimidation. (Kansas City Star, 2/25/99) Trenton, NJ New Jersey State Police Superintendent dismissed for racist comments on the involvement of minority groups in criminal activities. Associated Press, 3/I/99) Cambridge, MA Winston Jones awarded $32,000 settlement for violation of civil rights and malicious prosecution by Cam- bridge police. (Boston Herald, 1 1 /21 /98) Boston, MA Michael Cox, plainclothes officer, awarded $900,000 settlement after he was severely beaten by his col- leagues, unaware he was a police officer, and left bleeding on a dead end street (Boston Globe, 2/1 1 /99) A LETTER FROM OUR COLLEAGUES IN SALT LAKE CITY Our board was organized in January 1998. with 5 civilian member volunteers. I'm thankful to our staff support (Office of Internal Audit) and the City for making it possible for us to attend NACOLE.We learned so much; I was excited to meet people with the same goals like me. We enjoyed the presentations and wonderful speakers, and we came back to Salt Lake City all fired up, ready to work. I would like to share with you some of the things we have accomplished in Salt Lake since attending the conference: Our city has a large minority population.We are very rich in diversity with different languages spoken in Salt Lake City, and in District 2 were I live, we have the largest ethnic representation in Salt Lake City. For example, our Latino population is approximately 15%,the African Ameri- can population is 2%, the Asian Pacific Islander population is 8%. Because of this diversity, brochures in Spanish, Tongan, and Vietnamese as well as English were printed explaining the activities of the board and how to file a complaint against a Salt Lake City Police officer. Using the City of Berkeley board business cards as an example which we obtained at the conference, we printed our own in Spanish and English. We distributed brochures and business cards to churches, restaurants, homeless shelters, the Mexican Consulate, clubs, libraries. We plan to attend our Community Councils to let our neighbors know that our city has a Civilian Review Board and let them know our purpose. We also contacted a community oriented radio station to obtain free air time so one of our board members can inform the listeners about our board. We now invite the SLCPD administration, the ACLU, and the President of the Police Union to the Board meetings.They came to our last meeting and it was very interesting to know they were willing to help our board. We were inspired by a NACOLE speaker's discussions on establishing good relations with the police department. I recently was informed that our board will expand from 5 to 7 members and that Mayor Corradini sees the need for more minority representation in our board. As you all know, I'm the only minority in the board. We already submitted 3 names, and can't wait for our new members to come aboard. Perhaps they will be able to go to NACOLE'S conference this year! We are making a difference and changes are coming to Salt Lake City. Our reports and recommendations are seriously considered by the Mayor. But there is so much to do and we can't rest! We (you and me) are the voice of the ones that don't have a voice. Anglos and minorities. the poor, the homeless, the young, the uneducated, from all aspects of society, may be victims of mistreatment and we, as member of the CRB must be alert. Well. I don't want you to fall asleep reading this article. I guess 1 write too much. I hope we all can meet again in Kansas City and recharge our batteries and return to our cities and towns to work with our good Police Officers. And to the bad cops out there. attention. like all of our fellow NACOLE members. and the good police officers in America, we don't want your type and your time on any police force is coming to an end. —Marta Roseto FrOZ-b-999 V • 1 NACOLE ' CLINTON'S INADEQUATE APPROACH TO POLICE BRUTALITY by Matvina Monteiro President Clinton, in his March 14, 1998 radio address from Little Rock,Arkansas, stated that he was concerned that the recent charges of police brutality could undermine the America's war against crime.The President called for'renewed determination as a nation' to restore trust be- tween the public and law enforcement.As a result, the President said he would ask the Justice Department to expand police ethics training to 30 regional community -policing centers.The President proposed a $40 million funding increase to improve police training nationally. This is not an adequate or well thought-out approach to improving relations between the police and the members of the African -American and Hispanic communities and solving the crisis of police misconduct and brutality toward these communities. Why provide more training to police officers that have been involved in these questionable killings and assaults if there isn't sufficient institutional commit- ment to investigate and punish incidents of police abuse? A program of this nature can only be effective if the police departments of US cities are actually committed to change.The evidence overwhelmingly says that police departments are committed to the status quo and an inflow of federal money will only rein- force that attitude. If we, as a nation, are to make any really improvement in police -civilian relations, we must first question what federal mechanisms are in place for citizens to ensure accountability in law enforcement before we proceed with any additional training for officers. In a Boston Globe article of the same date, President Clinton praised the Boston Police Department's 'strategy of establishing clear guidelines to involve residents in police decision -making and to hold police accountable for their actions: I have very serious reservations about Clinton's praise for Boston's approach.The City of Boston does not have an independent citizens review board.The current citizens' review board which is referred to as a'community appeals board; is not empowered to conduct independent investigations, nor does it have subpoena power to call forward officers or witnesses. Board members are predominantly current or former (2 are former police officers) employees of the City of Boston. Their regulations require individuals to file complaints with the internal affairs division of the police department before seeking the help of the community appeals board.This does not constitute an effective accountability mechanism for citizens to question the activities of the Boston police department and most certainly should not be held up as an example of an effective strategy for community confidence building on the national level. Another egregious example of governmental misallocation is the creation of a $2 million citizen police academy to inform citizens of the work of law enforcement officers. Everyone knows what law enforcement officers do --or should do.This money could much more effectively be used to train officers in the use of non-violent arrest techniques, to promote civil rights awareness and protection in accor- dance with US laws, and for diversity and conflict resolution training to promote fair treatment of minor- ity communities and respect for their concerns.The African -American and Hispanic communities have paid an enormous price in the "war on crime:' In my rough estimate, the City of Boston has already paid more than $1 million in police brutality settlements since the beginning of 1999. Community policing was meant to protect those communities, not to target them.Any money earmarked by the federal govern- ment for police brutality issues should directly address the affected communities and guarantee correc- tion of the underlying racism driving this violence. ■ 1999 u L ('46an ONACOLE req��' 0 of o' 6f YnCoi 3 Membership Application Agency/Board Title Work City State Zip Phone( ) FAX ) Home Address Phone( E-mail FAX( Please indicate where correspondence should be sent: [ ] Home [ ] Work Check one (q): [ ] Student Member $ 25.00 [ ] Associate Member $100.00 [ ] Regular Member $150.00 [ J Organizational Member $300.00 [ ] Sustaining Member $500.00 Amount enclosed Make checks payable to NACOLE and mail to: NACOLE P.O. Box 1110 Lanham, Alaryland 20703 FOR OFFICE USE ONLY Date received: Check Number: Amount MEMBERSHIP INFORMATION ■ Sustaining Members are organizations and individu- als who wish to make tax deductible contributions to fur- ther the goals and principles of NACOLE. Donations be- gin at $500. ■ Organizational Members are agencies or boards who provide civilian oversight of law enforcement by leg- islative or executive mandate.These agencies will receive one transferable regular membership and associate mem- berships for the remaining members of their boards. An- nual dues: $300 ■ Regular Members are individuals who are not sworn law enforcement officers but who work or have worked for agencies that are mandated by legislative or executive authority to investigate and review complaints against law enforcement officers. Annual dues: $150 ■ Associate Members are individuals concerned with the oversight of law enforcement.The members shall be able to participate in all NACOLE activities, including serv- ing on committees, but are ineligible to vow or serve as officers.Annual dues: $100 ■ Student Members are individuals who are full-time students and are concerned with the oversight of law en- forcement. Student members will be able to serve on com- mittees but are ineligible to vote or serve as of8cers.An- nual dues: $25 ■ For further information contact Clyde B. Davis at (301)731-5808. NATIONAL ASSOCIATION FOR CIVILIAN OVERSIGHT OF LAW ENFORCEMENT P.O. Box 1110 Lanham, Maryland 20703 NACOLE FIFTH ANNUAL CONFERENCE KANSAS CITY, MISSOURI HYATT REGENCY CROWN CENTER OCTOBER 5-8, 1999 � of Ian Overf�6f L 0 4- CD c � NACOLE 3 y v� 'mot ti a+s c cftr�� Registration and hotel information will be mailed Later this spring. F _-EIVED MAY 1 0 wy Samm Nakazene 07 aw� Commissioner Public Safety Review Commission 150 303 W. Colfax Avenue Denver, CO 80204 first class mail