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HomeMy WebLinkAboutCitizen Review Board - Minutes - 08/18/2004Citizen Review Board Meeting W! CIC Room, 300 Laporte Avenue August 18, 2004 Present: Brian Carroll, Harry Edwards, Maria Martinez and Becky Richardson Absent: Dave Evans and Monica Garcia Staff: Lt. Jim Broderick, Greg Tempel, Assistant City Attorney, Wendy Hartzell, Secretary Public: None. The meeting was called to order by Vice Chair Harry Edwards at 6:22 p.m. Absences: Written notice was received for all absences. Approval of Minutes: July 21, 2004 Minutes — Since the substitute recorder was unable to attend the July meeting, Dave Evans had volunteered to prepare the July minutes. They should be ready for approval at the September meeting. Subcommittee Minutes - Case #2004-07 — Becky Richardson made a motion to approve the August 3 and August 11 minutes of the subcommittee for Case #2004-07. Harry Edwards seconded the motion. There was no discussion and the motion passed 2-0. Becky Richardson made a motion to approve the memorandum to the City Manager and the Police Chief for Case #2004-07. Harry Edwards seconded the motion. There was no discussion and the motion passed 2-0. Case #2004-03- Due to Dave Evans absence, subcommittee minutes for 2004-03 remain outstanding. Memorandum for 2004-03 was received by Police Services on July 21, 2004. No Subcommittee reports. Old Business — CRIB member training — Citizens Police Academy starts on September 9. If any member is interested in attending the entire series or individual sessions, they should contact Lt. Broderick. Lt. Broderick distributed the Academy Training Schedule and stated that a new schedule will be developed in January when they begin training new officers. Again, members should contact Lt. Broderick if they are interested in attending a session. Becky Richardson asked about the Tactical Decision Making session and if it discussed the chain of command. Lt. Broderick will check and provide her with a copy of the syllabus. Lt. Broderick stated that Police Services can provide training on a specific topic if members so request. There was discussion regarding the training requirement in the ordinance that created the CRB board and past trainings that new members received. Greg Tempel recited City Code section 2-138(c), which provides that those appointed to the CRB shall attend and complete such training as may be developed by the City Manager, upon consultation with the Chief of Police and the Health and Safety Committee of the City Council. Lt. Broderick stated again that he can bring in someone to train on any topic requested. CRB vacancy -- The City Clerk is in the process of recruiting for various boards and commissions and has added the CRB vacancy to the list. They will advertise in September, interview in October/November, and make appointments at the December 21 City Council meeting. A new board member will not start until January. The question was asked if someone could be appointed and if there was any way to have the vacancy filled sooner. The Board agreed that Becky Richardson will send an email to Mayor Martinez, the Board Council Liaison, and ask that the process be expedited. Ordinance issues -- Regarding final findings by the chief, it was stated that these should come back to the Board. Some have been forwarded to Dave Evans. Lt. Broderick offered to go back through the cases and copy the memos so that everyone is up to date. Brian Carroll asked if there is a file of CRB findings at the library and stated that there used to be one there. Lt. Broderick was unaware of any file maintained at the library, and stated all records are sent to the City Clerk's Office. New Business: Proposed ordinance change — Greg Tempel distributed a draft ordinance change to address concerns of the CRB regarding what it meant to review for "sufficiency and accuracy' and how to define it. Greg, along with Police Services, developed the following language: ... Upon completion of its review, the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services and the findings reached by the investigating officer(s). Lt. Broderick stated that there are four types of citizen review models and that this language conforms to one of these models and is clear and simple. Greg Tempel stated that the CRB could make a motion to recommend the change to the City Council. Maria Martinez made a motion that the CRB recommend to City Council the adoption of the proposed changes to the ordinance. Brian Carroll seconded the motion. Discussion ensued about giving the City Council advance notice of the change and the reasons for the change. Lt. Broderick will prepare the required agenda item summary for the ordinance, which will include history and background for the item and why it is being proposed. More discussion ensued regarding the language "findings reached by the investigating officer," as it can change as the case moves up through the chain of command. To meet the concerns expressed by members and Lt. Broderick, Greg Tempel suggested changing the language to "...reached by the investigating and reviewing officer(s)," which would include anyone reviewing the case. Greg Tempel will make the appropriate changes, run it by Police Services, and bring the draft ordinance back to the CRB for its review in September. Maria Martinez and Brian Carroll withdrew the previous motion. Officer Involved Protocol Development — Lt. Broderick stated that he has been working on a multi -jurisdictional standard of operating procedure to investigate officer - involved shootings and other serious events. He has been working on this in conjunction with the District Attorney, the Larimer County Sheriff, and the Loveland Police Department since last fall. There is a draft document that is now working its way through each agency. He will provide the CRB with a copy once it is finalized. 2 Pending Cases — Case #2003-25 - This case was distributed. Subcommittee is considering a first meeting September 8 or 9 and will confirm with Dave Evans. Case #2004-09. It is expected that this case will be heard by the Use of Force Board in August. It should be delivered to the CRB at the September meeting. Lt. Broderick made a formal request for a second extension for this case because of the review by the Use of Force Board required more time. Becky Richardson made a motion to approve a second extension for Case #2004-09 until September 1, 2004. Maria Martinez seconded the motion. No discussion. The motion passed 4-0. Case #2004-13 — Subcommittee names were randomly drawn for this case as follows: 1. Brian Carroll, Chair 5. Becky Richardson 2. Dave Evans 6. Harry Edwards 3. Monica Garcia 7. Vacant 4. Maria Martinez, Alternate Adjournment: Becky Richardson moved to adjourn the meeting. Maria Martinez seconded the motion. There was no discussion and the motion carried 4-0. The meeting adjourned at 7:34 p.m. Next Mee in A g: Wednesday, September 15, 2004, at 6:00 p.m. in the CIC Room, 300 Laporte a Ch