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HomeMy WebLinkAboutCitizen Review Board - Minutes (Subcommittee) - 06/23/2010CITY OF FORT COLLINS CITIZEN REVIEW BOARD 300 LaPorte Avenue, P.O. Box 580 • Fort Collins, Colorado 80522-0580 (970) 416-2707 crb@fcgov.com Citizen Review Board Subcommittee Meeting Minutes Wednesday, May 12, 2010 Police Services Bldg. - Community Room 2221 Timberline Rd., Fort Collins, CO Wednesday, June 23,2010 Fort Collins City Hall West - CIC Room 300 LaPorte Ave., Fort Collins, CO Case L1I2010-001 The first half of the meeting took place Wednesday, May 12, in the Police Services Building Community Room. Present: Absent: Staff: Public: Call toOrder: Jim O'Neill, Subcommittee Chairman; Robin Penny, Subcommittee Vice Chairman; Anne Berry, Subcommittee Member; Glenn Strunk, Subcommittee Alternate Member No participating members were absent. Greg Tempel, Assistant City Attorney; Sgt. Greg Yeager, Fort Collins Police Services (FCPS) Arlene Archer, CRB member; Letty Coykendall, CRB member; Evan Singleton, CRB member. The meeting was called to.order at 7:00 p.m. by Mr. O'Neill. Case No.LII2010·001: Mr. O'Neil 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 will undertake a review of an internal investigation conducted by the Office of Police Services, Case No. L11201D-001, relating to alleged police officer use of force in violation of administrative policy or applicable law. No members of the public wished to address the subcommittee. Executive Session: At 7:00 p.m. Ms. Berry offered the following motion: "As authorized by City Code 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 L112010-001 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. O'Neill seconded the motion. There was no discussion and the motion carried 3-D. Prior to adjourning into executive session, Mr. O'Neill 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 members of the CRB who are not on the subcommittee remained in attendance for the executive session for the purposes of training in police procedures for an officer- involved shooting. Citizen Review Board Subcommittee Meeting Minutes Wednesday, May 12, 2010 Police Services Bldg.• Community Room 2221 Timberline Rd., Fort Collins, CO Wednesday, June 23,2010 Fort Collins City Hall West·CIC Room 300 LaPorte Ave., Fort Collins, CO Case L1I2010·001 Page 2 Regular Session: At 9:32 p.m. Ms. Penny moved to adjourn from executive session. Ms. Berry seconded the motion. There was no discussion and the motion carried 3-0. Ms. Penny moved to resume the subcommittee review on June 23, 2010 at 6:00 p.m. Ms. Berry seconded the motion. There was no discussion and the motion carried 3-0. Desire was expressed to resume at City Hall in the CIC room if it was available. Ms. Berry moved to adjourn for the evening. Ms. Penny seconded the motion. There was no discussion, and the motion carried 3-0. This portion of the meeting adjourned at 9:32 p.m. The second half of the meeting took place Wednesday, June 23, in the City Hall West CIC Room. Present: Absent: Staff: Public: Call toOrder: Jim O'Neill, Subcommittee Chairman, Robin Penny, Subcommittee Vice Chairman, Anne Berry, Subcommittee Member, Glenn Strunk, Subcommittee Alternate Member No participating members were absent. Greg Tempel, Assistant City Attorney; Sgt. Greg Yeager, FCPS; Cpt. Jerry Schiager , FCPS None The meeting was called to order at 6:00 p.m. by Mr. O'Neill. Mr. O'Neill noted that this is a continuation of the meeting from approximately a month ago. Case No. LII201 0·001 : Mr. O'Neil 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 will undertake a review of an internal investigation conducted by the Office of Police Services, Case No. L11201 0-001, relating to alleged police officer use of force in violation of administrative policy or applicable law. No members of the public were present to address the subcommittee. Executive Session: At 6:02 p.m. Ms Berry offered the following motion: "As authorized by City Code 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 L112010-001 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. O'Neill seconded the motion. There was no discussion and the motion carried 3-0. Prior to adjourning into executive session, Subcommittee Chairman Jim O'Neill 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. Regular Session: At 7:11 p.m. Ms. Berry moved to adjourn from executive session. Ms. Penny seconded the motion. There was no discussion and the motion carried 3-0. Citizen Review Board Subcommittee Meeting Minutes Wednesday, May 12, 2010 Police Services Bldg. - Community Room 2221 Timberline Rd., FortCollins, CO Wednesday, June 23, 2010 Fort Collins City Hall West - CIC Room 300 LaPorte Ave., Fort Collins, CO Case U12010-001 Page 3 Findings: Mr. O'Neill asked for discussion. Members of the subcommittee commented that they were very impressed with the police work to identify and apprehend the kidnapping suspect. The police work was exceptional. Mr. O'Neill commended the officers in that they did what they were trained to do and did it well. They protected themselves and the public. In addition, the supervisor in charge of the search that day handled things well. The other members of the subcommittee agreed. Mr. O'Neill moved "We find that the three officers involved in the shooting are exonerated of any use of force violations as outlined in the Internal Affairs investigation." Ms. Berry seconded the motion. There was no additional discussion on the motion, and it carried 3-0. There was brief discussion on the memo to the Chief of Police and City Manager. Mr. Tempel advised that specific issues to be put into the memo should be addressed with an official motion in this meeting. Mr. O'Neill moved to commend the officers for their service in the subcommittee's memo to the Chief of Police and City Manager. Ms. Penny seconded the motion. There was no discussion, and the motion passed 3-0. Mr. O'Neill brought up the FCPS Use of Force board's concerns about the police officers' identification. He thought that taking the time to remove their jackets when approaching the suspect would be unwise. There was agreement among the subcommittee members that the officers met the intent of the policy in that all involved knew that they were police officers, including two uninvolved citizens in an automobile in a nearby parking lot. There was brief discussion on whether a motion was warranted, and it was decided to make a motion. Mr. O'Neill moved to find that the officers, in terms of identifying themselves to the suspect, were appropriate in their actions. Ms. Berry asked to re-word the motion to be "We think the actions of the officers were adequate and appropriate with respect to identifying themselves in this situation." Mr. O'Neill agreed to the rewording. Ms. Penny seconded the motion. There was no further discussion, and the motion carried 3- O. Mr. O'Neill asked if there was any further discussion. There was none. Mr. O'Neill moved to adjourn. Ms. Penny seconded the motion. There was no discussion, and the motion carried 3-0. The subcommittee meeting was adjourned at 7:28 pm. Respectfully submitted, Glenn Strunk