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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 04/14/1977CITY OF FORT COLLINS MEMORANDUM DATE: May 6, 1977 TO: Human Relations Commission FROM: Mary Ann Kennaughm(— RE: Minutes of the April 14, 1977 Regular Meeting I. Call to Order The meeting was called to order by Chairwoman Batson at 7:30 p.m., City Council chambers, 300 W. LaPorte. II. Role Call Members Present: Staff: Guests: Margaret Batson John McGraw Lucia Liley Ken Drieth Rosita Bachmann Robert L. Brunton Don Shoemaker Mary Ann Kennaugh Police Chief Smith Steve Smith Paul Salas Kelsey Smith Police Dept. Representatives Gloria Hershberger Handicapped Advisory Group Ed Ostertag CSU students Members Absent: Ben Napheys A letter of resignation from Commission Member Art Jackson was received. III. Consider Approval of the March 10, 1977 Regular Meeting Minutes Additions & Corrections: Page Four, Item VB, Line 3 should read: "Of these five, 1..." With the preceding correction, the minutes were approved by consensus. IV. Receive Conies of Letters from the City Manaaer and Chairwoman Batson SUPDorti rence on the Hanaica -- Copies of the letters were distributed. Chairwoman Batson read a letter she had received from Jim Johnson, expressing his support for the Ft. Collins Human Relations Commission* • April 14, 1977 Regular Meeting Minutes Page Two Handicapped Group and his attempt to have them represented at the Conference. - The Handicapped Group noted that their latest communications with Washington indicate there still is no room for them at the Conference. Commission Member Ostertag indicated that his church has enough money (discretionary funds) to send one delegate, possibly two or three, to the Conference, if they do receive invitations. He further expressed his feelings that the Conference would be a good educational experience for both the individual representatives and the community as a whole. V. Receive Announcement of Appointments to the Handicapped Advisory Committee Chairwoman Batson indicated that she had received a list of names of people willing to serve on the Advisory Committee from the Handicapped Group. She suggested that, in addition to the Committee member appointments, each group (handicapped and non -handicapped) have alternates to serve, if necessary. The Handicapped Group expressed their concurrence with this suggestion. Chairwoman Batson noted that a total of 29 applications had been received, and made ap- pointments to the Committee as shown in Exhibit "A" attached hereto. VI. Police Grievance Procedure A. Lucia Liley: Copies of the proposed Complaint Procedure, Policy Regarding Citizen Complaints Filed Against Ft. Collins Police Officers, and Police Department Rules and Regulations Regarding Handling of Citizen Complaints Against Officers, were distributed. Liley indicated that all final drafts of the procedure would go back to the Police Grievance Committee, after review tonight by the Human Relations Commission. Then, the drafts would go to Chief Smith and City Manager Brunton, and, finally, to City Council. (Referring to the "Complaint Procedure") Step 1- Time limits were set be- cause of the length of time involved in handling a complaint. Step 2- Other locations to bring complaints in to have not yet been established. Step 5- Both the Complainant and the Officer would also receive the investigation re- port. The Complainant will have access to all evidence. - Batson: Is the whole Human Relations Commission involved? (Liley: Yes.) Confidentiality would be maintained by means of amendment to the City Code to allow the Human Relations Commission to hold executive sessions in this matter. - Smith: How do we deal with juveniles? (Liley: There would be no problem. You don't need parental permission to file initially.) - McGraw (referring to Step 5 and 5A of the "Complaint Procedure") expressed con- cern about the time period between Step 5 and Step 5A and the time it takes the Complainant to file and get to the Human Relations Commission "What length of time does the Complainant have to go to the Human Relations Commission? (Liley: Human Relations Commission • April 14, 1977 Regular Meeting Minutes Page Three Immediately would be ideal; perhaps ten days is not enough time. We can review this point again with the Committee.) Batson: Perhaps ten working days should be specified. - Ostertag: What is the point of notarizing the complaint? (Liley: To protect the officers and to prevent the filing of complaints with no foundation.) - Drieth: (Referring to "Complaint Procedure Step l) Why was this particular length of time established? (Salas: From the citizen viewpoint, the citizen may hesitate in filing a complaint, seeking legal actions, etc. There is a tentative proposal to make the filing of a false complaint a mesdemeanor offense --- it may take the citizen some time to come to a decision about filing a complaint.) Bud Reed (Police Department): 99% of complaints filed in the past have been filed within 3-4 days or a week. Chief Smith: Some have come in 6 months later. Drieth: Who decides what constitutes "good cause for delay"? (Liley: The Investigator.) Ostertag: What if, at Step 7, disciplinary action is taken (e.g., suspension of the officer without pay), and then, after Step 9B, the Chief's decision is overturned? (Chief Smith: "That's just one of the dangers of the job." There would be no reimbursement. For such disciplinary action, it would have to be a very serious case; the most serious disciplinary action so far has been 5-10 days suspension.) - Ostertag: Would Legal Aid Service tak a case such as this? (Salas: Most likely, as long as it is not a crimina action or fee generating.) - Kelsey Sdrith: Who is the Investigator? (Liley: He/she is appointed by Chief Smith. Currently, investigations are handled by Lt. Jay Davis; however, it is not a full-time thing.) - Kelsey Smith questioned the use of a polygraph examination. (Reference to "Policy Regarding Citizen Complaints Against Ft. Collins Police Officers", General Proceudre 5). (Liley: Use of the polygraph test is not a hard and fast rule.) (Chief Smith: Out of two formal complaints and 30 informal complaints filed against officers, we have not used it (polygraph exam) yet.) (Brunton: On a one-to-one basis, you must use it to get past the impasse in things such as brutality cases.) Liley: Chief Smith and City Manager Brunton will have the authority to decide on optional parts of the procedure (e.g., the polygraph exam). Ostertag: Do you find informal complaints developing into formal complaints? (Chief Smith: No, formal complaints come in that way.)- You don't anticipate 5-10%, for example, of informal complaints turning into formal ones? (Chief Smith: No, we make sure that the Complainant is totally satisifed and the Human Relations Commissions • April 14, 1977 Regular Meeting Minutes Page Four situation is resolved. If not, then we require the filing of a formal complaint.) Liley: What we (the Police -Community Relations Committee) need now is some initial guidance as to whether or not you (the Human Relations Commission) want to -be involved --- if it (the proposed procedure) is acceptable in concept. Ostertag: I believe it is. Is this (the proposed procedure) a unanimous recommendation by the Police -Community Relations Committee? (Liley: There are some optional parts and points of disagreement, e.g., the polygraph exam, possible mesdemeanor offense.) I would like some time to study it. Hershberger: What the Committee is asking at this point, is whether or not the Human Relations Commission is interested in being part of the procedure, not for approval of the procedure itself. Drieth: Would the Human Relations Commission's involvement require a change in the By-laws? (Brunton: Only in executive session matters and confidentiality.) Commission Member Ostertag moved approval of the concept of the Human Relations Commission's involvement in the proposed Police Grievance Procedure. Commission Member Hershberger seconded, and motion passed with the following vote (7-0): Ayes: Commission Members Batson, Drieth, Shoemaker, Smith, Smith, Hershberger, and Ostertag. Nays: None. - Ostertag: The Human Relations Commission's involvement is well within the scope of our By-laws. - Hershberger: Any questions should be directed to one of the members of the Police -Community Relations Committee. - Ostertag: The key question in my mind is "How right is it to expect a depart- ment (i.e., the Police Department) to investigate itself?" They may be over- zealous and unfair to the Complainant. (Rosita Bachmann: Internal investiga- tion is a difficult position to be in.) - Ostertag. .(Addressing Rosita Bachmann) Is the proposed procedure the only route, or can the complainants go through you? (Bachmann: I am not authorized to investigate complaints against the Police Department.) We used to investi- gate them; when and who directed the change? (Bachmann: City Manager Brunton.) Why? (Bachmann: It puts the City in an untenable position, i.e., representing the Complainant and being the Respondent.) The only route then, is the proposed procedure or using the prevaling (internal investigation by the Police Department) system? (Bachmann: Yes.) P ) Commission Member Ostertag moved that the proposed Police Grievance Procedure be tabled to allow for further study and an opportunity to discuss it with the Police -Community Relations Committee. Commission Member Hershberger seconded, and motion passed with the following vote (7-0): Ayes: Commission Members Batson, Drieth, Shoemaker, Smith, Smith, Hershberger, and Ostertag. Nays: None. Human Relations Commissior� • April 14, 1977 Regular Fleeting Minutes Page Five Ostertag: If an officer has a complaint filed against him, and he is cleared by Step 9 of the "Complaint Procedure", what goes on his/her record? (Bachmann: I don't know. It's just an allegation, so I suppose nothing is on his/her record.) (Hershberger: Separate files are kept in the Police Department for complaints received; the officer's name would be in that file, but not in the individual officer's file, to the best of my knowledge.) Commission Member Hershberger indicated she would check into this matter further and report back to the Commission. B. Commission Member Hershberger reported on the number of complaints against police officers and subsequent actions taken in 1976 as follows: I. 19 Formal Complaints.Filed in 1976. A. Five (5) of these were by minorities. 1. (One) 1 of these was substantiated. B. Fourteen (14) of these were by non -minorities. 1. (Ten) 10 were not substantiated. 2. (Four) 4 were unfounded. In 1977, two complaints (by non -minorities) have been filed. One of these was unfounded, and investigation of the other is now in process. C. John McGraw indicated he had met with City Manager Brunton, Lucia Liley, and Chief Smith regarding his memo to the City Manager (See Exhibit "D" of the April 14, 1977 meeting agenda), expressing his concerns about the proposed Police Grievance Procedure. McGraw indicated that most of his concerns had been resolved. He further stated that he was "uncomfortable with the problems involved in the Procedure, but would be more uncomfortable with not doing anything". VII. Commission Member Ostertag indicated that his frustrations are related to what Rosita Bachmann, as Human Rights Officer, can and cannot do, and what the Human Relations Commission can and can not know --- not to the report itself. VIII. Affirmative Action Survey (The Affirmative Action survey results were mailed out to the Commission Members.) Commission Member Drieth questioned the percentages indicated, in terms of the make-up (i.e., sex, age; -national origin, etc.) of those surveyed. McGraw indicated that 99% of the total, full-time City employees responded to the survey. Specific data on the make-up of those surveyed was collected; however, to avoid possible identification of particular individuals, these statistics are confidential. Human Relations Commission • *April 14, 1977 Regular Meeting Minutes Page Six - Drieth: (Referring to Page One, Section II, Question 15 of the survey results) Is there a periodic review of job performance by supervisors. (McGraw: Yes.) It seems strange thaN 8% of those who responded had not talked about their performance. (McGraw: We can only conject about the why's. in an opinion survey. Some kind of review (e.g., verbal) was probably done, not necessarily filling out the actual performance review form; thus, most employees actually have had some type of review, but they responded negatively, or may not have completed the formal written performance review. - Drieth: (Reference to Section II, Question 19) 72% of the employees being satisfied is not bad! (McGraw: I agree. I think the general findings are positive.) THe percentages are probably influenced by age; older people seem to be more satisfied.' Commission Member Ostertag expressed concern that the percentages for each question did not total 100%, and that there were some high percentages of employees who marked the questions with ??. Commission Member Drieth pointed out that the percentages for each question did total 100% when you include the percent of employees who chose not to respond to that particular question. Drieth further stated that "in dealing with employees every day, as a Personnel Director, I can understand the high percentage of responses marked ??." McGraw: "If I feel I can't make an objective judement, I would chose ??. I can't explain the motivation behind the answers." - Ostertag: How was the questionnaire distributed? (McGraw: The questionnaires were distributed by departmental EEO representatives. The employees were given a 48-hour period to answer the questionnnaire and return it to their department EEO representative. - Drieth: How are promotions made? (McGraw: Through the merit system.) Ostertag: Merits are viewed differently by supervisors and peers. (McGraw: That's true. We are dealing with perceptions and the questions are oriented in that way.) IX. Revenue Shari John McGraw gave a brief history of how revenue sharing funds were allotted to the various social service agencies: 1. At first, three City Council members, John McGraw, and the City Manager made the recommendations to the City Council. 2. _Then, City Council members serving on the Larimer Human Resource Board and the Larimer County and Loveland representatives made recommendations tothe particular governing boards. 3. Then, last year, in part because of concern about the lobby created by City Council members on the Board, Human Relations Commission members were appointed to serve as City representatives. Human Relations CommissioO • ' April 14. 1977 Reqular Meetinq Minutes Page Seven He further indicated that, last year, the Board indicated they wanted to assign specific responsibilities for visitation of agencies. - Batson: I am just looking at it in terms of time. Ostertag: Revenue sharing decisions'are vital. Everything that can be done to ensure fairness in these decision should be done. Batson: Would a letter to City Council, asking what is being done, be in order? (McGraw suggested that perhaps she should address the Chairman of the Larimer Human Resource Board.) Commission Member Ostertag moved that Chairwoman Batson use her discretion and approach the City Council and/or any other necessary people to "get the ball rolling" regarding revenue sharing. Commission Member Drieth seconded, and motion passed with the following vote (7-0): Ayes: Commission Members Batson Drieth, Shoemaker, Smith, Smith, Hershberger, and Ostertag. Nays: None. Chairwoman Batson indicated she would direct a letter to the Larimer Human Resource Board Chairman. X. Other Business Commission Member Ostertag moved that a letter be sent to Art Jackson thanking him for his time and contributions to the Human Relations Commission. It was agreed, by consensus to do so, XI. Adjournment Meeting adjourned at 9:30 p.m. HANDICAPPED ADVISORY COMMITTEE Non -Handicapped Members: Handicapped Members: KLEIN, JAY BANKS, JANET 610 S. Sherwood 812 Peterson 491-5931 (Bus.- ASCSU) 482-1200 (Res.) 482-5035 (Bus.- Pioneer Home) 493-2695 (Res.) HARPER, RAY G. 217 Columbine Ct. NUSSBAUMER, MARTELLE 493-5427 (Res.) 3816 So. County Road 9 482-0120 (Res.) HICKS, CURTIS (Buz) JR. 3750 McKinley WELLS, ROBERT Wellington 813 Scott Ave., Apt. #E 568-7313 (Res.) 493-3519 (Res.) 484-4220 Ext. 202 (Bus.) 484-2273 (Bus.) Alternate• RUSSELL, DOROTHY J. (Dotti) 813 Scott Ave., Apt. #G 484-7003 (Res.) 491-6355 (Bus.) LASLEY, DOROTHY 1712 Remington 482-4706 (Res.) MATSUNAKA, DEAN M. 147 N. College Ave. #17 493-9876 (Res.) 484-7575 (Bus.) PORTER, SUSAN LYNN 1120 East Gregory Road 493-0340 (Res.) 484-0945 (Bus.) Alternates: ERDMANN, BETTY ANN 2425 W. Lake 493-4716 (Res.) 482-4706 (Bus.) KEATON, RICKY Braiden Hall, CSU 491-2819