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HomeMy WebLinkAboutCitizen Review Board - Minutes - 06/16/2004Citizen Review Board Meeting ORIGINAL CIC Room, 300 Laporte Avenue June 16, 2004 Present: Brian Carroll, Jim Butzek, Dave Evans, Harry Edwards, and Maria Martinez. Absent: Monica Garcia and Becky Richardson Staff: Lt. Jim Broderick, Greg Tempel, Assistant City Attorney, Wendy Hartzell, Secretary Public: HRC member Elaine Boni The meeting was called to order at 6:00 p.m. Absences: Written notice was received for all absences. Voice Mail: No voice mail messages were received. Approval of Minutes: April 21, 2004 Minutes — A copy of the April 21 minutes that were approved with corrections at the May 19 were distributed. Also distributed were another version of the April 21 minutes that included proposed corrections and additions from Sgt. Dave Pearson regarding how written complaints are received and reviewed by the CRB and the biased -policing hotline. Maria Martinez made a motion to amend the April 21 minutes to reflect Sgt. Pearson's amendments. Harry Edwards seconded the motion. Harry Edwards asked Greg Tempel if he approved of the amendments, and Greg stated he had no opinion one way or the other as to the accuracy of the amendments. Jim Butzek abstained from voting. The motion passed 4-0. May 19, 2004 Minutes — The minutes were reviewed. Harry Edwards' previous changes were clarified. Harry Edwards made a motion to approve the May 19 minutes as written. Maria Martinez seconded the motion. There was no discussion and the motion passed 5-0. Special March 3, 2004 Minutes — Becky Richardson had prepared minutes of the special meeting of the CRB held in March to discuss the memorandum from the Human Relations Commission, however the suggested changes sent by Greg Tempel on May 21 to the minutes were not reflected. Therefore, the Board agreed to table consideration of these minutes until the minutes could be revised. Jim Butzek made a motion to table the minutes of the special March 3 meeting of the CRB to the July meeting. Maria Martinez seconded the motion. There was no discussion and the motion passed 5-0. Subcommittee Minutes - Case #2003-24 — Brian Carroll made a motion to approve the minutes of the subcommittee for Case #2004-24. Jim Butzek seconded the motion. There was no discussion and the motion passed 2-0. Case #2003-22 — Minutes were approved for this case at the May 19 meeting. Still outstanding is the subcommittee recommendations/observations memorandum. Jim Butzek will follow-up. Case #2004-01 — Brian Carroll made a motion to approve the minutes of the subcommittee for Case #2004-01. Maria Martinez seconded the motion. There was no discussion and the motion passed 2-0. Greg Tempel had a copy of the recommendations/observations Memorandum dated May 13 in this case and he submitted it to Lt. Broderick. Case #2004-03 — Monica Garcia is the chair for this subcommittee. Still outstanding are minutes and recommendations for this case and they are due on June 24. The Findings need to be submitted before this date and the subcommittee minutes can wait for approval until the next regular meeting. Dave Evans will contact Monica. Outstanding minutes/memorandum summary: 2003-22 — Recommendations/Observations Memorandum 2004-03 — Recommendations/Observations Memorandum and minutes Special March 3 meeting minutes Public Input: No public input. New Business: Jim Butzek's schedule — There was discussion about Jim Butzek's schedule that will conflict will many of the Board's general meetings. It was agreed that attendance at subcommittee meetings is more important, however attendance as much as possible of the general meetings is appreciated. Jim was concerned about being absent from the general meetings and believes that he can attend the subcommittee meetings. The CRB can accommodate the absences from the regular meetings. Subcommittee selection — There was discussion regarding subcommittee selection regarding the fact that many members have been drawn for several cases in a row. Greg Tempel clarified that the Code and Bylaws language indicates that all names be included in the drawing. The Board discussed a possible ordinance change to propose that a member's name be removed from the pool in order to distribute the review load more evenly. Greg Tempel also clarified that Board members can remove themselves from a case due to unavailability. If members are drawn for multiple cases, they can declare themselves as unavailable. Maria Martinez asked if a member could refuse the duties of chair if so drawn, and Greg clarified that a person could accept the chair position and then delegate the chair's duties to other subcommittee members. Rather than an ordinance change, it was agreed that it would be easier for a member to recuse themselves if unavailable. Harry Edwards asked if a member is unavailable, would they need to fill out and submit to the City Clerk's Office a conflict of interest form. Greg Tempel clarified that if they are simply unavailable, a conflict of interest form is not necessary. CRB Complaint Process Flow Chart — Greg Tempel reported that he, Lt. Broderick and HRC member Elaine Boni met to discuss the CRB review process. Greg prepared a flow chart of the process which he distributed to the members present. Elaine Boni commented that the chart on page 4 of the handout is very well done and very helpful to the HRC. There was discussion about the special categories of complaints that were not reflected on the chart. Greg will attempt to include them on the chart and will redistribute it. Pending Cases — Case #2003-25 - An extension is needed. It is currently in the chain of command and is due to the CRB on June 21. This is a significant case and will need additional time for review. An additional extension may be requested. Case #2004-07 - This has not been delivered yet. It went to the Intentional Use of Force Board on June 10. This Board has ten days to review it and report back to the Chief, after which the whole packet should come to the CRB. Case #2004-09 — Subcommittee names were randomly drawn for this case as follows 1. Monica Garcia, Chair 5. Jim Butzek 2. Brian Carroll 6. Dave Evans 3. Maria Martinez 7. Becky Richardson 4. Harry Edwards, Alternate Subcommittee member review: Case #2003-25 — Maria Martinez, Dave Evans, Brian Carroll, Jim Butzek Case #2004-07 — Jim Butzek, Becky Richardson, Harry Edwards, Maria Martinez Review of Bylaws Amendment — This item was tabled from the last regular meeting. The changes to Sections 4.4 and 5.2 will set up a different process to determine when the Police Services review period would end and when the CRB review period would begin. Jim Butzek made a motion to adopt the proposed revisions to the CRB Bylaws. Harry Edwards seconded the motion. There was no discussion and the motion carried 5-0. Greg Tempel will distribute final copies at the next regular meeting. Scope of CRB Jurisdiction — At the last meeting, there was discussion regarding the charge of the CRB. Dave Evans stated that looking for the sufficiency and accuracy of an investigation is sometimes a bit vague, and that he would be interested in more history of how the CRB was organized and developed. Brian Carroll stated that he was a member for the HRC at the time of the CRB's creation and that it was brought forward by a group of community members, not the HRC or City Council. Brian stated there were many features that were proposed that were not adopted by City Council, including investigatory powers, subpoena power, etc., which was dictated in part by a mistrust of the Police Services process. He said the Board was originally three members and then the public protested that there was no minority representation, so it was expanded to seven members. He stated that in the end, the original organizing members of the community are not satisfied with the outcome and the CRB as it is now, mostly in part due to lack of subpoena and investigatory powers. Greg Tempel stated that an ordinance including those features was presented to the electorate and was not passed. Greg Tempel and Lt. Broderick will do some investigation and bring back information regarding the meaning of the "sufficiency and accuracy" language in the City Code. Adjournment: Harry Edwards moved to adjourn the meeting. Maria Martinez seconded the motion. There was no discussion and the motion carried 5-0. The meeting adjourned at 7:25 p.m. Next g: Wednesday, July 21, 2004, at 6:00 p.m. in the CIC Room, 300 Laporte Avenue. h'