HomeMy WebLinkAboutCitizen Review Board - Minutes - 11/28/2007Citizen Review Board Subcommittee Meeting Minutes
Case Number LIU007-006 ORIGINAL Wednesday November 28, 2007
Council Information Center, City Hall West
Present: Harry Edwards, Subcommittee Chairperson; Jim Dubler,
Subcommittee Vice Chairperson; Dave Evans, Subcommittee Member;
Dennis Baker, Subcommittee Substitute Member; Greg Tempel, Senior
Assistant City Attorney; and Sgt. Russell Reed, Fort Collins Police
Services.
Call to Harry Edwards called the meeting to order at 6:00 p.m.
Order:
Case No. Mr. Edwards advised that, pursuant to the provisions of Section 2-138 et
LII2007-006: seq. of the Code of the City of Fort Collins, the Citizen Review Board
Subcommittee will undertake a review of an internal investigation
conducted by the Office of Police Services, Case No. IA II2007-006,
relating to police officers' conduct and performance, and expectations of
individuals and organizations, allegedly in violation of administrative
policy, events occurring on and after September 16`", 2007. The
complainant is Ms. Betty Aragon-Mitotes, who was notified by U.S. mail
on November 24 and by telephone on November 26 of the date, time, and
location of this review.
Mr. Edwards advised that all parties wishing to address the Subcommittee
should identify themselves and inform the Subcommittee of the form of
materials to be presented and the time required for such presentations.
Complainant Betty Aragon-Mitotes identified herself and requested time
to make an oral presentation to the Subcommittee. Mr. Edwards said that
time during the executive session will be allocated for Ms. Aragon-
Mitotes' presentation.
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.
Mr. Edwards noted that the following members of the public were present:
Betty Aragon-Mitotes
Cheryl Distaso
Executive Mr. Evans entered the following motion: As authorized by City Code
Session: 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 number L112007-006 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. The motion was seconded by Mr. Dubler and
passed by a voice vote of 3-0 with no discussion. The Subcommittee went
into executive session at 6:04 p.m. Sgt. Reed and Ms. Distaso exited the
room for the executive session.
LII2007-M Subcommittee Minutes November 28, 2007
Open Mr. Evans made a motion to return to open session. It was seconded by
Session: Mr. Dubler and passed by a voice vote of 3-0 with no discussion on the
motion. The Subcommittee retumed to open session at 7:04 p.m.
Sgt. Reed and Ms. Aragon-Mitotes were present for the open session.
Mr. Edwards directed the Subcommittee to Tab 3 of their case notebooks,
the findings section. Mr. Evans reminded the Subcommittee not, however,
to identify the officers, to which Mr. Edwards questioned Mr. Tempel if
the officers could be identified by rank. Mr. Tempel affirmed members
could. Mr. Evans made a motion to concur with the finding of
"unfounded" relative to the complaint of discrimination against the
officers, and that the remaining allegations were beyond the scope of this
subcommittee. Mr. Dubler seconded the motion. Discussion included
clarification of "remaining allegations," and the advisability of limiting the
scope of the Subcommittee's conclusions as was part of the motion. Mr.
Tempel advised that failing to respond to all the allegations could open a
channel for a second hearing of the excluded allegations. His reference to
City Code 2-140(c) gave the police chief the responsibility to respond in
45 days to any claim of officer misconduct. Mr. Evans withdrew his
motion, as did Mr. Dubler his second.
Findings: Mr. Dubler made a motion to concur with the findings of "not involved"
for the off -duty Lieutenant. The motion was seconded by Mr. Edwards
and passed on a voice vote 3-0 with no discussion.
Mr. Dubler made a motion to concur with the findings of "unfounded" for
the Sergeant. The motion was seconded by Mr. Edwards and passed on a
voice vote of 2-1, with Mr. Evans dissenting. There was no discussion of
the motion prior to voting.
Mr. Dubler made a motion regarding the two allegations against the patrol
officer to concur with the findings of "unfounded." Mr. Edwards
seconded the motion which then passed on a voice vote of 2-1, with Mr.
Evans dissenting. There was no discussion of the motion prior to voting.
Mr. Edwards asked if there were any comments or recommendations to
send along with the decision memorandum. Mr. Dubler commented that
this case concerned him relative to the outcome of special use permit
traffic control restrictions that proved in this case to be unenforceable.
Mr. Dubler made a motion to recommend to the Chief that a review be
conducted regarding how parking is handled for special use permits to
determine if there is a better way to deal with traffic control issues.
The motion was seconded by Mr. Evans and passed on a voice vote 3-0
with some discussion on the briefing process for patrol officers relative to
special use events.