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HomeMy WebLinkAboutCitizen Review Board - Minutes - 05/10/2006Citizen Review Board Meeting 300 Laporte Avenue May 10, 2006 Present: Dennis Baker, Brian Carroll, Harry Edwards, Charlie Greeb, Maria Martinez, Glenn Strunk Excused Absence: Dave Evans. Staff: Lt. Jim Broderick, Sgt. David Pearson, Greg Tempel, Assistant City Attorney, and Angelina Sanchez -Sprague, Recorder The meeting was called to order at 6:01 p.m. by Chair Harry Edwards. Minutes: April 12, 2006 Minutes — Glenn Strunk made a motion to approve the minutes. Dennis Baker seconded the motion. There was no discussion and the motion passed 6-0. Case #2005-10 — Dennis Baker made a motion to approve the subcommittee minutes for Case #2005-10. Harry Edwards seconded the motion. There was no discussion and the motion passed 2-0 (Subcommittee members: Edwards, Evans & Baker) Case #2005-17 — Brian Carroll made a motion to approve the subcommittee minutes for Case #2005-17. Maria Martinez seconded the motion. There was no discussion and the motion passed 3-0 (Subcommittee members: Carroll, Edwards, Martinez) Case #2005-18 — Maria Martinez made a motion to approve the subcommittee minutes for Case #2005-18. Charlie Greeb seconded the motion. There was no discussion and the motion passed 3-0 (Subcommittee members: Carroll, Evans, Greeb (Alternate), Martinez) Voice Mail Reports: • Voice Mail. No messages. • Bias Policing Voice Mail. No messages. Public Input: Diggs Brown, Council Liaison and Elaine Boni of the Human Relations Commission were present. New Business: Diversity & Arrest/Resisting Training has been set for August 9, 2006 at the range, 2501 Midpoint Drive. Each topic will take approximately one hour and will follow an abbreviated meeting. No subcommittee hearings will be set in August. Harry Edwards asks that you let him know as soon as possible if you have a conflict that date as he'd like to select a time when most (if not all members) can be in attendance. Pending Cases: Case #2006-01 — To be heard by Subcommittee after regular meeting on May 10, 2006 Case #2006-04 — To be heard by Subcommittee after regular meeting on May 10, 2006 Case #2006-02 — Sgt. Pearson requested a 37-day extension to complete the investigation pursuant to City Code § 2-140 (b). The investigation was initiated on February 22, 2006. The investigation was due to the Board on May 8, 2006. This case involves an officer -involved shooting. The case has been completed but needs to be reviewed by the Use of Force Board and the Supervisory Review Process. The extension will allow the case to be delivered to the CRB at their regular meeting on June 14, 2006. Charlie Greeb wondered if cases normally take this long (four to six months) to review. Jim Broderick said it depends on the case. Charlie asked if the complainant was kept abreast of the reasons for the delays. Sgt. Pearson noted it is his practice to keep the complainant in the loop — at each juncture at which they interact he lets them know what remains to be done and in what time frame they can expect the tasks/process to be completed. Dennis Baker added that some delays are needed so that properly conducted investigations take place. Maria Martinez wondered if the Subcommittee Chair might also take on more responsibility for keeping the complainant apprised in a personal/responsive manner. Charlie Greeb made a motion to grant a 37-day extension for Case 06-02. Glenn Strunk seconded the motion. There was no discussion and the motion passed 6-0. Case #2006-03 — Sgt. Pearson requested a 35-day extension to complete the investigation pursuant to City Code § 2-140 (b). The investigation was initiated on February 22, 2006. The investigation was due to the Board on May 10, 2006. All interviews except one have been completed. The last interview is of an independent witness who continues to have scheduling conflicts. The extension will allow the case to be delivered to the CRB at their regular meeting on June 14, 2006. Dennis Baker thought that a little more time than 35 days was needed. Dennis Baker made a motion to grant a 45-day extension for Case 06-03. Maria Martinez seconded the motion. There was no discussion and the motion passed 6-0. Old Business: Harry Edwards asked Charlie Greeb to provide background on the proposal he was making to change the wording of letters of notification. Charlie thought the current version was too wordy, had too much "legalese" language, and could be improved to be more personal. Harry asked for Board comments. Hearing none, he offered the following —he thanked Charlie for the draft and noted there were many good features to the proposal. Areas he suggested could be improved were: 1) give location of the hearing and 2) there were two areas where time was noted and there was potential for creating confusion. He recommended that the changes be made and it be offered as a template to Subcommittee Chairs who could consider it with other options when drafting a letter of notification. Greg Tempel noted that section 5.2 of the CRB's bylaws provides that the subcommittee chairperson, or the chairperson's designee, shall attempt to notify the complainant of any meeting of the subcommittee either by telephone, electronic mail, in writing, or in person. Adjournment: Charlie Greeb moved to adjourn the meeting. Dennis Baker seconded the motion. There was no discussion and the motion carried 6-0. The meeting adjourned at 6:40 p.m. Next Meeting: June 14, 2006, 6:00 p.m. in the CIC Room, 300 Laporte Avenue. Chair __ ,'CITY OF FORT COLLINS CITIZEN REVIEW BOARD 300 IsPotle Avenne PO Box 5R0 - Fort Collins. Colomdo 8052245R0 - (970)416-2707 Citizen Review Board Subcommittee Meeting Minutes Case Number IA 2006-01 Wednesday, May 10, 2006 Council Information Center City Hall West Present: Harry Edwards, Subcommittee Chairperson; Maria Martinez, Subcommittee Vice Chairperson; Glenn Strunk, Subcommittee Member; Greg Tempel, Senior Assistant City Attorney; Sgt. David Pearson, Fort Collins Police Services; Ron Pittman, complainant; and LeRoy Gomez, complainant's representative. Call to Harry Edwards called the meeting to order at 6:45 p.m. Order: Case No. Mr. Edwards advised that, pursuant to the provisions of Section 2-138 et seq. of the Code IA 2006-01: 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 2006-01, relating to conduct by a police officer allegedly in violation of administrative policy or applicable law. Complainants Ron Pittman and Sharisse Pittman alleged that on January 13, 2006, a Fort Collins police officer used excessive force, handled a prisoner improperly, and was rude. • Since Subcommittee member David Evans was not available, Mr. Edwards moved that substitute Subcommittee member Glenn Strunk be made a member of the Subcommittee. Ms. Martinez seconded the motion. The motion carried 2-0. 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. Complainant Ron Pittman and his representative LeRoy Gomez identified themselves and advised the Subcommittee of their wishes to address the Subcommittee. Sharisse Pittman 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 2006-01 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." Mr. Strunk seconded the motion. There was no discussion, and the motion carried 3-0. The executive session commenced at 6:52 p.m. Mr. Strunk 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 8:10 p.m. Ms. Martinez entered the following Session: motion: "I move that the Subcommittee concurs with the findings reported by the investigating and reviewing officers as follows: • Use of force — exonerated Policy violation: prisoner handling — exonerated Rudeness — unfounded" Mr. Strunk seconded the motion. After discussion, the motion carried 3-0. • Citizen Review Board IA 2006-01 Page 2 Adjourn: Ms. Martinez moved to adjourn. Mr. Strunk seconded the motion. The motion carried 3-0. Mr. Edwards adjourned the meeting at 8:34 p.m. L CJTY OF FORT COLLINS .CITIZEN REVIEW BOARD 100 LaPnrte Avenne PO Fim 5RO - Fnrt Cn11m, Cninradn 80522-OSRO - f9701416-2707 Citizen Review Board Subcommittee Meeting Minutes Case Number IA 2006.04 Wednesday, May 10, 2006 City of Fort Collins CIC Room Present: Maria Martinez, Subcommittee Chairperson, Charles Greeb, Subcommittee Vice Chairman, Brian Carroll, Subcommittee Member, Glenn Strunk, Subcommittee Alternate Member Absent: No participating members were absent Staff: Jim Broderick, Staff Liaison, Greg Tempel, Assistant City Attorney Public: None Call to Order: The meeting was called to order at 8:35 p.m. by Subcommittee Chairperson Maria Martinez. Case No. 2006.04: Subcommittee Chairperson Maria Martinez advised that, pursuant to the provisions of Sections 2- 138 et seq. of the Code of the City of Fort Collins, the Citizen Review Board Subcommittee would undertake a review of an internal investigation conducted by the Office of Police Services, Case No. 2006-04, relating to events of alleged police officer use of force in violation of administrative policy or applicable law. Subcommittee Chairperson Maria Martinez asked if the complainant, Matthew Warren, his representative or witnesses were there to give additional information to the subcommittee. None were present. She also asked if there were any questions for the Staff Liaison or Assistant City Attorney by any member of the subcommittee. There were no questions so she asked for a motion to go into executive session. Executive Subcommittee member Brian Carroll offered the following motion: "As authorized by City Code Session: section 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 2006-04 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 Vice Chairperson Charles Greeb seconded the motion. There was no discussion and the motion carried 3-0. Prior to adjourning into executive session, Subcommittee Chairperson Martinez 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. The Subcommittee went into executive session at 8:40 p.m. Regular At 9:25 p.m. Subcommittee member Brian Carrol moved to adjourn from executive session. Session: Subcommittee Vice Chairperson Charles Greeb seconded the motion. There was no discussion and the motion carried 3-0. Subcommittee member Brian Carroll made the following motion: I move that the Subcommittee for IA case 2006-04 concurs with the findings reported by the investigation and reviewing officers as follows: Use of force 131 Officer- exonerated Use of force 2nd Officer - exonerated The motion was seconded by Chairperson Maria Martinez. The motion was voted upon and there were 2 ayes (Brian Carroll and Maria Martinez) and 1 nay (Charles Greeb). There was some discussion and a second motion was made by Vice Chairperson Charles Greeb to send the memo to the Chief with his dissenting vote and to provide his reasons separately in whatever form the Chief requested. There was some further discussion but no 2na on the motion was offered and the motion died. A new motion was offered by subcommittee member Brian Carroll to include the dissenting vote by Mr. Greeb and that his reasons be included in the memo to the Chief. There was more discussion but no 2na on the motion and it also died. A third motion was made by Charles Greeb to send the memo without mention of the dissenting vote. It was seconded by Brian Carroll. All voted 'aye" and the motion carried 3-0. Another motion was made by Subcommittee member Brian Carroll to include in the memo to the Chief a recommendation to have a follow-up interview with the mother of the complainant to try to find out what happened to the first complaint that was filed and lost. Vice Chairperson Charles Greeb seconded the motion, all voted 'Aye" and the motion carried 3-0. Adjourn: A motion to adjourn was made by Subcommittee member Brian Carroll and was seconded by Vice Chairperson Charles Greeb. All voted "aye" and the motion carried. Meetin was adjourned at lam, J9:45 p.m.