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HomeMy WebLinkAboutCitizen Review Board - Minutes - 01/19/2005Citizen Review Board Meeting ORIGINAL CIC Room, 300 Laporte Avenue January 19, 2005 Present: Dennis Baker, Brian Carroll, Dave Evans, Harry Edwards, Monica Garcia, Maria Martinez and Becky Richardson Absent: None. Staff: Lt. Jim Broderick, Sgt. Dave Pearson, Sgt. Joel Tower, Greg Tempel, Assistant City Attorney, Wendy Hartzell, Secretary Guest: Chief Dennis Harrison Public: None. The meeting was called to order at 6:04 p.m. Absences: - Voice Mail: No voice mail messages were received. Minutes: December 15, 2004 Minutes - Harry Edwards made a motion to accept the minutes as written. Becky Richardson seconded the motion. There was no discussion and the motion passed 7-0. New Business: Chief Harrison gave thanks to the Board for its work and acknowledges that it has been a busy year. He stated that he and Police Services considers the CRIB recommendations and have made changes based on such recommendations. He views the relationship as a partnership. Dave Evans stated he appreciates the efforts that staff gives to treat the Board's feedback with respect and consideration. Harry Edwards stated he also appreciates the feedback from the Chief. Chief Harrison stated that the staff is hand-picked to be the CRIB liaison and that Sgt. Pearson is very organized and does a great job with tracking extensions. He stated that both Lt. Broderick and Sgt. Pearson are great assets to the Board. Brian Carroll stated that many board members didn't realize what they were getting into when appointed to the Board. He stated that issues have been raised regarding staying current on case timelines, etc., that with more cases, this could mean more staff needed for investigation. He stated his concern about details of cases being lost if extended periods of time go by before investigation occurs. Chief Harrison stated that additional staffing was considered, however, caseload is more up and down, than cyclic and given the state of the City budget, resources are uncertain, even for street -side operations. The Chief stated that prioritization has to happen when litigious issues arise and a work group is in jeopardy. Supervisors investigate Internal Affairs cases when additional staff is not available. He stated that it is not satisfactory situation, but that's the way it is. There was discussion about publicity for Police Services in regard to a recent case that was positive instead of negative, and the Chief stated that the Coloradoan chose not to pick up the story. Becky Richardson asked if the Chief knew who would be the new CRB Council Liaison and the Chief explained that this is determined after the Council election. Brian Carroll asked if the Chief knew of any feedback from officers regarding the CRIB, and the Chief stated that there was really only one instance, and that particular person is gone now and that more often than anything, officers will be upset with him regarding a decision rather than the Board. Election of Chair and Vice Chair — Lt. Broderick stated that this is usually done in February or March and to be thinking about it for next month. Reschedule March 16 Meeting — Dave Evans asked if the Board wished to reschedule the March meeting due to spring break. Becky Richardson stated she would not be available on that date. Maria Martinez made a motion to reschedule the March 16 meeting to March 23. Harry Edwards seconded the motion. There was no discussion and the motion passed 7-0. Lt. Broderick was check on the room availability. Annual Report Draft (Due 1-31-05) — Lt. Broderick and Sgt. Pearson distributed at draft of the Annual Report. Lt. Broderick stated that the Board and Commission Manual states that the report should identify aspects of the Board's work plan. He asked for feedback from the Board and items to include if something is missing. Dennis Baker asked about the difference between "exonerated" and "sustained". Sgt. Pearson explained that "exonerated" means the action took place but the officer didn't not violate a policy. "Sustained" means that the officer did the action and it was against policy. "Not Sustained" means that there is not proof of the action and "Not Involved" means officer was not involved. "Unfounded" means the action did not occur. Lt. Broderick stated that they are reviewing stats for prior years, and Cases #2004-15 and #2004-28 are being counted as 2004 cases based on when delivered and preparation time. Dave Evans suggested that the meeting Lt. Broderick and Greg Tempel had with the Elaine Boni of the HRC should be included in the report. Sgt. Pearson explained the asterisks and that the first two cases were decided under the new wording of the Ordinance. Lt. Broderick stated that the ordinance has not be codified yet and he will distribute a copy as soon as it's printed. Becky Richardson made a motion to approve the draft 2004 Annual Report with suggestions. Harry Edwards seconded the motion. There was no discussion and the motion passed 7-0. The Board thanked Lt. Broderick and Sgt. Pearson for their work in compiling the information. Review of CRIB Findings/Recommendations Draft Memo — Greg Tempel had no legal concerns regarding the draft memo. Becky Richardson stated that the memo stated "Interim City Manager," and that Darin Atteberry has been appointed City Manager. Lt. Broderick asked that the memo differentiate between specific determinations regarding the findings and specific determinations for the investigation. He stated this would help distinguish between the two at the end of the year. Harry Edwards stated he would revise the memo and distribute it to everyone via email. Case #2004-13 — This case was distributed to the subcommittee — Brian Carroll, Dave Evans, Maria Martinez and Monica Garcia. The subcommittee decided to meet at the next meeting, February 16. Pending Cases — Case #2004-23 — Third request for an extension. Sgt. Pearson talked with both complainants but not with officer because an additional witness was mentioned by complainants. Interviews have been scheduled and he should be able to finish case by next month. Harry Edwards made a motion to approve the request for extension of Case #2004-23 to February 16, 2005. Maria Martinez seconded the motion. Dave Evans asked if there were any problems with the Code due to this extension. Greg Tempel stated that there are no limits on the number of extensions that can be granted based on good cause. There was further discussion regarding prioritization and requests for extensions. Brian Carroll suggested putting something in the request for extension that explains and justifies the extension. Lt. Broderick stated that he didn't think it would be a problem to include language that clarified the reasons for the extension request. The motion passed 7-0. Case #2004-26 - Second request for extension. Becky Richardson stated that she is the chair of this subcommittee, and if this case is extended to February 16, she will not be here. Sgt. Pearson stated this would impact the Board's 45 day review, however it could extend it for an additional 30 days. There was discussion regarding the extension date, as Becky Richardson will be gone from Feb. 12 — Feb. 20. Sgt. Pearson suggested changing the extension date to Feb. 21, when Becky Richardson will return. Becky Richardson preferred to do it this way rather than having to give a an additional extension. Becky Richardson made a motion to extend Case #2004.26 to February 21 because the subcommittee chair will be out of town until that date. Dennis Baker seconded the motion. There was no discussion and the motion passed 7-0. Sgt. Pearson stated he would revise the memo to the complainant. Harry Edwards stated that if he were the complainant, he would not appreciate receiving a notice stating that my case was not a high priority. There was discussion about the language to include in the memo. Greg Tempel clarified that whatever is given to the Board must also be copied to the complainant and that the Board can only suggest changes to Sgt. Pearson. Old Business: Periodic Review - Instructions and questions are sent in March and the CRB review will be scheduled for a Council study session in July. Boards and Commissions Training - Greg Tempel stated that training has been scheduled for February 24 at 5:30 p.m. in the CIC Room and includes dinner. Another training is scheduled for March 4 from 1:00 — 4:00 p.m. in the CIC Room. CRIB Candidate Pool — City Clerk's Office stated that recruitment will occur each fall. Becky Richardson stated that she is term -limited at the end of the year. This fall, letters will be sent to previous applicants to see if they want to reapply. Adjournment: Harry Edwards moved to adjourn the meeting. Maria Martinez seconded the motion. There was no discussion and the motion carried 7-0. The meeting adjourned at 7:20 p.m. Next Meeting: February 16, 2005, at 6:00 p.m. in the CIC Room, 300 Laporte Avenue. Chair