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HomeMy WebLinkAboutCitizen Review Board - Minutes - 10/15/2003Citizen Review Board ORIGINAL Regular Meeting Wednesday, October 15, 2003 City of Fort Collins CIC Room Present: Brian Carroll, Harry Edwards, David Evans, Monica Garcia, Jim Butzek. Absent: Maria Martinez and Becky Richardson Staff: Lt. Jim Broderick, Staff Liaison, Greg Tempel, Assistant City Attorney, and Vicki Mesa, Secretary. Public: Alex Miller, CSU Student. Call to Order: The meeting was called to order at 6:05 p.m. The September minutes were reviewed. Brian Carroll made a motion to approve the minutes. Harry Edwards seconded the motion. Motion carried 4-0. Absences: Becky Richardson had an approved absence. Voice Mail Message: There was no notice from Becky Richardson that there were voice mail messages this month. Public: Alex Miller stated he was a journalism student at CSU and was attending to observe the Board for a class. New Business: $ Case 2003-19. It was noted that Sgt. Christensen distributed the case to everyone last week. Harry Edwards stated that a subcommittee meeting date needed to be set. After discussion the Subcommittee members decided that the meeting would be held on November 5, 2003, at 6:00 p.m. Harry Edwards requested that Lt. Broderick secure a room in City Hall West for the meeting. Harry Edwards stated that he would email Becky Richardson regarding the details of the meeting place and time. Lt. Broderick stated he would follow through with an email to the Subcommittee members when the room was secured. Pending Cases: One case pending. Subcommittee names were drawn as follows: 1. Becky Richardson, Subcommittee Chair 2. Maria Martinez, Subcommittee Vice Chair 3. David Edwards 4. Jim Butzek 5. Brian Carroll 6. Monica Garcia 7. Harry Edwards Lt. Broderick stated this case should have come to the Board immediately because the top of the complaint contained the heading "Civil Rights Violation". Lt. Broderick noted that the decision to send the case to the Board was made by Sgt. Christensen and Chief Harrison. Lt. Broderick spoke of a letter the Board had received from Greg Walker, dated September 11, 2003 and the Board briefly discussed the contents of the letter. Jim Butzek asked if the letter from Mr. Walker could be considered in open session. Greg Tempel stated the time frame for making a complaint to the C.R. B. is within one- year of the incident, and stated this complaint was well past the timeline which states as follows: (b) Except as provided in subsection (k) of this Section, within forty-five (45) days of learning of an incident involving police officer or community service officer use of deadly force as specified in subsection (2)a of § 2- 139, or within forty-five (45) days of its receipt of the written complaint of any person involved in an incident when such person alleges police officer or community service officer misconduct as specified in subsection (2)b of § 2-139, occurring within one (1) year of said complaint, Police Services shall conduct an administrative investigation, and forward the investigatory file to the board for review. (k) In the event that the actions of police officers or community service officers are being actively reviewed for consideration of criminal prosecution against said officers by the District Attorney's Office or other governmental entity which has the ability to bring criminal charges, Police Services may toll the running of any time limits for the completion of its administrative investigation until said prosecuting entity has announced that it has ceased its active review or made a charging decision, whichever first occurs. If Police Services determines that such tolling of the time limits should occur, it shall provide written notice to the board and the complainant of its decision. David Evans made a motion to respond to Mr. Walker's correspondence to advise him that the matter was past the time frame in which a complaint was allowed to be heard. Jim Butzek seconded the motion. Greg Tempel stated he would draft the response to Mr. Walker on behalf of the Board. Lt. Broderick stated that the incident which Mr. Walker refers to is being investigated by Internal Affairs, and reported it does not meet the criteria for review by the Citizen Review Board. Jim Butzek asked if Mr. Walker could file a complaint to the CRB after the Internal Affairs investigation is completed. Greg Tempel stated that the one year requirement of the City Code (cited above) would prevent review by the Board. The vote on David Evans motion was passed 4-0. New Business: Lt. Broderick reported that Chief Harrison was available and willing to attend an Executive Session at the December meeting. Brian Carroll stated that the December meeting is typically cancelled because of the holidays. Harry Edwards asked if the Chief could attend the November meeting. Jim Butzek asked Lt. Broderick to request that Chief Harrison meet with the Board in November. Lt. Broderick stated he would make that request on behalf of the Board. Old Business: None. Adjournment: Harry Edwards made a motion to adjourn the meeting. David Evans seconded the motion. There was no discussion and the motion passed 4-0. The meeting adjourned at 6:34 p.m. Chair