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HomeMy WebLinkAboutCitizen Review Board - Minutes - 04/12/2006Citizen Review Board Meeting 300 Laporte Avenue April 12, 2006 ,V ORIGINAL Present: Dennis Baker, Brian Carroll, Harry Edwards, Dave Evans, Charlie Greeb, Maria Martinez, Glenn Strunk Absent: None. Staff: Lt. Jim Broderick, Sgt. David Pearson, Greg Tempel, Assistant City Attorney, and Angelina Sanchez -Sprague, Recorder The meeting was called to order at 6:00 p.m. by Chair Harry Edwards Minutes: March 8, 2006 Minutes — Harry Edwards offered one correction to the minutes. Dave Evans made a motion to approve the minutes as corrected. Marie Martinez seconded the motion. There was no discussion and the motion passed 6-0. Case #2005-15 -- Dave Evans made a motion to approve the subcommittee minutes for Case #2005-15. Maria Martinez seconded the motion. There was no discussion and the motion passed 3-0 (Subcommittee members: Baker, Evans & Martinez) Voice Mail Reports: • That mail box had two messages outside the purview of the CRB (performance Issues). A message was left for the caller to contact the two police officers who are handling the inquiries. • Bias Policing Voice Mail. There were several messages left in this voice mail box: one was a hang-up and five were compliments (including one in which the officer could not be identified) and the remainder for Community Service Officer Rick Reynolds. All were forwarded to supervisor. Data back to 2004 was in the box. The last batch was digitally recorded and saved on a hard drive. All future messages will be saved digitally. Public Input: Elaine Boni of the Human Relations Commission was present. New Business: Charlie Greeb, proposed a change in wording to letters of notification. A copy of the changes suggested by Greeb will be distributed electronically after the meeting. Edwards asked Board members to review the letter and come prepared to discuss the proposed changes at the May meeting. Pending Cases: Case #2005-10 — To be heard by Subcommittee after regular meeting on April 12, 2006 Case 02005-17 — To be heard by Subcommittee after regular meeting on April 12, 2006 Case #2005-18 — To be heard by Subcommittee after regular meeting on April 12, 2006 Brian Carroll asked should a similar situation arise (same complainant for Cases 2005-10, 17, and 18;) if it made more sense to have one Subcommittee hear all cases as they build on each other —the same people would get the same set of facts. Dave Pearson noted the variability —the time lag in the complaints being filed/new information and hours of investigation begun, two incidents separated by a number of weeks, different officers. Brian asked if after 17 and 18 filed, 10 may have been revisited for how to most effectively process the complaints. Harrywondered should a similar situation arise, consider the facts and decide then if one subcommittee could review. Greg pointed out that section 2-138(d) of the City Code provides that a separate review subcommittee shall be selected for each separate review. Case #2006-01 — Delivered to the Committee on April 12, 2006. If okay with the Subcommittee, the case review will be heard after regular meeting on May 10, 2006. Case #2006-02 — Subcommittee names were drawn as follows: 1. Harry Edwards, Chair 4. Charlie Greeb (alternate) 2. Maria Martinez 5. Brian Carroll 3. Glenn Strunk 6. Dave Evans 7. Dennis Baker Delivery expected June, 2006. Officer -Involved Incident Protocol, a multi -media presentation, will be shown to CRB members at the June 14t" meeting. Distribution of case files will be made to Subcommittee members after that presentation. If okay with the Subcommittee, the case review will be heard after the regular meeting on July 12, 2006. Case #2006-03 — Delivery expected June, 2006. If okay with the Subcommittee, the case review will be heard after the regular meeting on July 12, 2006. Case #2006-04 — Delivered to the Committee on April 12, 2006. If okay with the Subcommittee, the case review will be heard after the regular meeting on May 10, 2006. Old Business: Jim Broderick heard from the City Clerk's office that it is their preference that copies of notification letters not be forwarded to their office. Jim asked Greg Tempel if they could be a part of the Internal Affairs (IA) case files. Greg recommended not mixing notification letters with confidential IA files. They could, however, be kept in separate correspondence file. Harry Edwards asked if certified mail receipts could also be kept in that file. Brian noted the variability in processing certified mail receipt depended on how each Subcommittee chair handles the process. Pearson said he would be happy to save whatever information is appropriate to the correspondence file and forwarded to him. Harry Edwards recommended, given the schedule of case reviews through July, that training take place at the August 9 meeting. That training would be an executive summary of the diversity training officers receive and arrest procedures. Pearson offered that arrest procedures training, while informative, would be more useful in a scenario based context (traffic stop or domestic dispute complaint) where the arrestee offers some degree of resistance upon initial contact. The Board could review the training given officers in those situations --especially in light of "cuffs too tight, officer too rough or pushed me down to the ground" complaints. The range of recommended actions could be reviewed with an opportunity to discuss practices after the presentation. Adjournment: Dave Evans moved to adjourn the meeting. Brian Carroll seconded the motion. There was no discussion and the motion carried 6-0. The meeting adjourned at 6:55 p.m. Next Meeting: May 10, 2006, 6:00 p.m. in the CIC Room, 300 Laporte Avenue. W �rt�L s1lc1Z nob Chair 2 -� r-- d-ro r .i --, x ea CD a (!. CITY OF FORT COLLINS CITIZEN REVIEW BOARD 100 i APOYfe Avenne PO Rox 580 • Fnn Collins Cnlomdo 905224AR0 • (970)416-2707 0 ORIGINAL Citizen Review Board Subcommittee Meeting Minutes Case Number IA 2005-10 Wednesday, April 12, 2006 Council Information Center City Hall West Present: Harry Edwards, Subcommittee Chairperson; Dennis Baker, Subcommittee Vice Chairperson; Dave Evans, Subcommittee Member; Brian Carroll, Subcommittee Substitute Member; Greg Tempel, Senior Assistant City Attorney; Sgt. David Pearson and Lt. Gary Perman, Fort Collins Police Services. Also present for training purposes were Charles Greeb and Glenn Strunk, newly appointed members of the Citizen Review Board. Call to Harry Edwards called the meeting to order at 7:07 p.m. Order: Case No. Mr. Edwards advised that, pursuant to the provisions of Section 2-138 et seq. of the Code to 2005-10: of the City of Fort Collins, the Citizen Review Board Subcommittee will continue its review of an internal affairs administrative investigation conducted by the Office of Police Services, Case No. IA 2005-10, relating to an arrest by a police officer, allegedly in violation of administrative policy or applicable law. Complainant Emily Marie Brake alleged that she was unlawfully arrested on • July 31, 2005. On December 21, 2005, the Subcommittee identified gaps in the internal affairs investigation and made recommendations to fill those gaps. Lt. Gary Perman subsequently provided the Subcommittee with an expanded case file. Mr. Edwards requested that all parties wishing to address the Subcommittee be identified and inform the Subcommittee of the form of materials to be presented and the time required for such presentations. No members of the public were present. The complainant was not present. Prior to going into executive session, Mr. 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. Executive Mr. Baker entered the following motion: "As authorized by City Code section 2-71(d)(2) Session: and 2-31(ax2), I move to go into executive session for the purpose of receiving and considering evidence relating to internal investigation number 2005-10 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. Additionally, Mr. Greeb and Mr. Strunk are invited to be present for training purposes." Mr. Evans seconded the motion. There was no discussion, and the motion carried 3-0. Without objection, Mr. Edwards asked Lt. Perman and Sgt. Pearson to be present during executive session. The executive session commenced at 7:13 p.m. Mr. Baker moved to return to open session. Mrs. Evans seconded the motion. There was no discussion, and the motion carried 3-0. Open Mr. Edwards reconvened the open session at 7:46 p.m. Mr. Baker entered the following motion: Session: "I move that, after reviewing the expanded case file, the Subcommittee concurs with the finding of `exonerated' reported by the investigating and reviewing officers." Mr. Evans seconded the • motion. There was no discussion, and the motion carried 3-0. Adjourn: Mr. Evans moved to adjourn. Mr. Baker seconded the motion. The motion carried 3-0. Mr. Edwards adjourned the meeting at 8:04 p.m. .Sfio1zoo( CITY OF FORT COLLINS CITIZEN REVIEW BOARD 100 L.P.ne Avenw P.O. Box 580 • Fort Collim Colomdo 90522-05RO • l97(l)416-2707 • Citizen Review Board Subcommittee Meeting Minutes � ORIGINAL Case Number IA 2005.17 Wednesday, April 12, 2006 Council Information Center City Hall West Present: Harry Edwards, Subcommittee Chairperson; Brian Carroll, Subcommittee Vice Chairperson; Maria Martinez, Subcommittee Member; Charlie Greeb, Subcommittee Substitute Member; Greg Tempel, Senior Assistant City Attorney; Sgt. David Pearson, Fort Collins Police Services. Also present for training purposes was Glenn Stunk, newly appointed member of the Citizen Review Board. Cali to Harry Edwards called the meeting to order at 8:14 p.m. Order: Case No. Mr. Edwards advised that, pursuant to the provisions of Section 2-138 et seq. of the Code IA 2005-17: of the City of Fort Collins, the Citizen Review Board Subcommittee will undertake a review of an internal affairs administrative investigation conducted by the Office of Police Services, Case No. IA 2005-17, relating to conduct by a police officer allegedly in violation of administrative policy or applicable law. Complainant Emily Marie Brake alleged that the March 28, 2005, search and seizure of an audio tape in her residence was a violation of her civil rights. isMr. Edwards requested that all parties wishing to address the Subcommittee be identified and inform the Subcommittee of the form of materials to be presented and the time required for such presentations. No members of the public were present. The complainant was not present. Prior to going into executive session, Mr. 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. Executive Ms. Martinez entered the following motion: "As authorized by City Code section 2-71(d)(2) Session: 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 2005-17 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. Additionally, Mr. Strunk is invited to be present for training purposes." Mr. Carroll seconded the motion. There was no discussion, and the motion carried 3-0. Without objection, Mr. Edwards asked Sgt. Pearson to be present during executive session. The executive session commenced at 8:18 p.m. Mr. Carroll moved to return to open session. Ms. Martinez seconded the motion. There was no discussion, and the motion carried 3-0. Open Mr. Edwards reconvened the open session at 8:25 p.m. Mr. Carroll entered the following motion: Session: "I move that the Subcommittee finds the internal affairs administrative investigation for case IA 2005-17 sufficient, and the Subcommittee concurs with the finding of `exonerated' reported by the investigating and reviewing officers." Ms. Martinez seconded the motion. The motion carried 3-0. Mr. Carroll entered the following motion: "The Subcommittee observes that the sergeant should be complimented for exerting effective supervisory authority, thus keeping the situation under • control." Ms. Martinez seconded the motion. The motion carried 3-0. Adjourn: Mr. Carroll moved to adjourn. Ms. Martinez seconded the motion. The motion carried 3-0. Mr. Edwards adjourned the meeting at 8:34 p.m. �� S11PIE ©O 6 y , N Citizen Review Board Subcommittee (2005-18) Meeting Minutes Wednesday 4/12/06 Council Information Center, City Hall West Present: Brian Carroll, Subcommittee Chairman: Subcommittee Members Dave Evans, Maria Martinez, alternate Charles Greeb Staff: Sgt. Dave Pearson, Greg Tempel, Assistant City Attorney Call to Order: Subcommittee Chair Brian Carroll called the meeting to order at approximately 8:38 PM. Subcommittee Chair made a motion that member Dave Evans be excused due to his unavailability caused by illness, and that alternate member Greeb take his place as a subcommittee member. The motion was seconded by member Martinez, and without further discussion the motion passed 2-0. Case 2005-18 Subcommittee Chair Brian Carroll advised pursuant to Section 2-138 et Seq. of the Code of the City of Fort Collins, the Citizen Review Board Subcommittee would undertake a review of the investigation conducted by the Office of Police Services, Case 2005-18, relating to allegations of Civil Rights Violation — Search / Seizure. Executive Session: At approximately 8:42 PM Subcommittee Chair Carroll offered the following motion: "As authorized by 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 2005-18 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 and policies." In addition the motion included that CRB member Glenn Strunk be allowed as an observer of executive session for training purposes. The motion was seconded by member Martinez and without further discussion the motion carried 3-0. Subcommittee Chair Carroll advised that no final policy decisions will be made, nor any resolution be passed or other formal action taken by the subcommittee while in executive session. Regular Session: At approximately 8:48 P.M. Subcommittee member Martinez moved to adjourn from executive session. Subcommittee member Greeb seconded the motion. There was no discussion and the motion carried 3-0. Subcommittee chair Carroll moved that the investigation 2005-18 prepared by the office of Police Services was sufficient, and concurred with the finding of Unfounded relative to the Civil Rights violation — Search and Seizure. Subcommittee member Martinez seconded the motion, and without further discussion the motion carried 3-0. Subcommittee chair Carroll made a motion that the subcommittee noted that the audio recordings of dispatch messages and phone calls were presented in a disjointed manner making their review very complicated. It was noted that previous dispatch audio recordings were continuous tapes of conversations and or dispatch transmissions, and the present system caused multiple separate audio recordings of one conversation. The subcommittee was concerned that similar audio recordings in future IA cases would be similarly provided thus complicating the review process. Member Martinez seconded the motion and without further discussion the motion carried 3-0. Member Greeb made a motion that Sgt. Dave Pearson be commended for the professional and thorough report he prepared in this complicated matter. Subcommittee member Martinez seconded the motion and without further discussion the motion carried 3 — 0 At approximately 9:05 PM, Subcommittee member Martinez made a motion that the meeting be adjourned. Subcommittee chair Carroll seconded the motion, and without further discussion the motion carried 3-0. Having no further business meeting was adjourned at 9:08 PM. CM e y