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HomeMy WebLinkAboutCitizen Review Board - Minutes - 04/21/2004ORIGINAL Citizen Review Board Meeting CIC Room, 300 Laporte Avenue April 21, 2004 Present: Dave Evans, Harry Edwards, Brian Carroll, Monica Garcia, Maria Martinez, Becky Richardson Absent: Jim Butzek Staff: Sgt. Dave Pearson, Greg Tempel, Assistant City Attorney, Wendy Hartzell, Secretary Public: Mayor Ray Martinez, HRC Chair Ken Gordon, HRC member Elaine Boni The meeting was called to order at 6:04 p.m. Approval of the February minutes was tabled until the May 19 meeting. Absences: Written notice of Jim Butzek's absence was received and absences for all other members are fine. Voice Mail: No voice mail messages were received. Complaint Process: Present at the meeting were Mayor Ray Martinez, Chair of the Human Relations Commission Ken Gordon, and Chair of the Police Relations Subcommittee for the Human Relations Elaine Boni. Mayor Martinez was present to discuss the February 12 memorandum from City Council to the Human Relations Commission, and in particular Section B of the memo relating to questions of the complaint process and how it can be improved and simplified. There was discussion regarding how a person can file a complaint. It was stated FCPS will accept complaints by any means (verbal, written, phone, web, from CRB or HRC, email, etc...). Only the appropriate written complaints are sent to the CRB Complaint packets are available 24 hours at the Police Station or during business hours at the City Manager's Office and the Human Rights Resource and Education Office. Mayor Martinez and Ken Gordon both stated that citizens have commented that it is not a simple process and that citizens do not know where to go to file a complaint. Mayor Martinez asked if the forms were available in Spanish. Sgt. Pearson stated he would check to see if they were translated. Greg Tempel clarified that it states in the City Code that it is the role of the HRC to help people file a complaint if they need it. Ken Gordon stated that there is a Citizen Liaison Program set up for this purpose through the HRC but it has not been active. Due to volunteer turnover and different issues, recently the Program has not been functioning. However, he stated the Citizen Liaison Program is on the HRC's work plan for this year. Mayor Martinez asked how the complaint process is marketed to the public. Becky Richardson explained that the CRB voice mail number is printed on a business card that is distributed to the public by police officer. Mayor Martinez clarified that City Council's concern is that the complaint process be analyzed to ensure that it is simple and easy for citizens to access. There was discussion about the miscommunication and misunderstanding in the community about how to access process. Ken Gordon stated that the HRC is in the process of printing and will distribute a brochure regarding the Commission and its duties. He also stated that the HRC is in the process of doing a survey and obtaining documentation from citizens who have been through the process. Mayor Martinez restated that the February 12 memo was in fact directed to the HRC and that what Council is interested in both the CRB and HRC working together to review the complaint process to simplify it more if possible and remove any barriers to access. Public Input: Ken Gordon of the HRC clarified for the CRB that the HRC does not take an adversarial position with the CRB. The HRC very much desires to work with the CRB to improve access for citizens to the complaint process and educating the community about the roles of each. Dave Evans agreed to schedule a meeting with the HRC representatives and will notify other CRB members via email of the meeting date and time. Greg Tempel also advised the Board and the HRC that he is available to discuss the Code and how it addresses the complaint process. Greg recommended that the meeting date and time be posted and that way if four or more members attend it will not be an issue. Elaine Boni stated that she would now be attending the CRB meetings on behalf of the Police Relations Subcommittee of the HRC. Election of Chair and Vice Chair: Becky Richardson called for nominations for the position of Chair of the CRB. Dave Evans nominated Brian Carroll, who respectfully declined. Becky Richardson made a motion to nominate Dave Evans. Monica Garcia seconded the motion. There was no discussion and the motion passed 6-0. Becky Richardson then called for nominations for Vice -Chair. Maria Martinez nominated Harry Edwards. Dave Evans seconded the motion. There was no discussion and the motion passed 6-0. Pending cases: Subcommittee names were drawn for Case 2004-07 as follows: 1. Jim Butzek, Chair 5. Monica Garcia 2. Becky Richardson 6. Brian Carroll 3. Harry Edwards 7. Dave Edwards 4. Maria Martinez, Alternate There was discussion about scheduling subcommittee meetings for pending cases 2004-3 and 2004-1. The May 12 meeting scheduled for 2004-3 will need to be rescheduled. Monica Garcia will file an extension and will coordinate with Jim Butzek to find a date and time that will work for the subcommittee. She will notify members via email. Case 2004-1 was scheduled for May 13. Dave Pearson will post the meeting date. Discussion items: Start time for review period - the Board discussed that there are no good guidelines regarding when the time period starts for reviewing a case, especially when a conflict of interest is identified and subcommittee members must be switched. Greg Tempel stated that not every member of the subcommittee receives his or her copy of the investigation at the same time and therefore there is a question regarding at what time does the 45-day time period start to run. He recommended that the CRB adopt guidelines that are clear for both the police timeline and the subcommittee timeline. He recommended doing this by adopting a policy to be included in the Bylaws that is a reasonable interpretation of the Code. Sgt. Pearson explained that he believed the Police timeline ends when the last subcommittee member has received his or her copy of the investigation. Greg Tempel also reminded the Board that if they have a conflict of interest, they must file a conflict of interest statement with the City Clerk's Office. A copy of this form is available in the Boards and Commission Handbook. Becky Richardson asked if it would be possible to have a listing of persons involved in each case included with the investigation so that members could tell at first glance if they had a conflict of interest. Sgt. Pearson stated he would review this idea with Lt. Broderick. Greg Tempel stated that he would draft an amendment to the Bylaws for the Board to review and discuss at its next meeting. Open Meetings: In February, Elaine Boni of the HRC tried to attend the CRB meeting that was held at the Police Shooting Range but could not enter because the doors were locked. Sgt. Pearson stated that a sign had been posted stating there was a meeting in progress so that other police officers wouldn't enter. Greg Tempel stated there was some concern because it wasn't clear that the meeting was open to the public. Sgt. Pearson assured that they would ensure signs were clear about meeting being open to the public and that locations are accessible. Minutes of Subcommittee Meetings and March 3 CRB Special Meeting: Sgt. Pearson stated that Lt. Broderick had requested that he inquire of the Board if minutes had been completed and approved for Case 2003-24 and Case 2003-22. They have received the Recommendations for Case 2003-24, but not the minutes and have not received the minutes or Recommendations for Case 2003-22. Also, a special CRB meeting was called on March 3 and minutes have not been received for it. Becky Richardson volunteered to create minutes for the March 3 meeting. Dave Evans will resubmit minutes for Case 2003-24. Jim Butzek will be contacted regarding Recommendations and minutes for Case 2003-22. Approval will be tabled for the May meeting. Biased Policing Hot Line: Sgt. Pearson reported that Police Services has received eight voice mail messages on the Biased Policing Hot Line, that number is on the back of all business cards. Officers are required to hand out a card on every traffic stop where a ticket has not been issued. Seven messages are positive and one was negative. That message dealt with a speeding police car. He brought those messages on tape for the Board to hear if it so chose. After discussion, the Board agreed to not listen to the messages since it would be more appropriate for the HRC to hear them and follow-up with each caller. Presentation regarding officer -involved shooting (Case #2004-1) — Jeremy Yonce and Ginger Mohs of Police Services presented to the Board regarding the officer - involved shooting. In the interest of maintaining the confidentiality of the people presented in the officer shooting case, Harry Edwards moved that the Board adjourn to executive session. Dave Edwards seconded the motion. There was no discussion and the motion carried. Executive session began at 7:30 p.m. and was audio -recorded by Officer Dave Pearson. At 8:25 p.m. Becky Richardson moved to leave executive session, Maria Martinez seconded the motion, there was no discussion and the motion carried. The presentation was made to familiarize CRB with the process of investigation of officer involved shootings. The members present all verbalized that they felt the presentation was extremely helpful. Adjournment: At 9:00 p.m. Maria Martinez moved to adjourn the meeting, Harry Edwards seconded the motion, there was no discussion and the motion carried. Next Meeting: Wednesday, May 19, 2004, at 6:00 p.m. in the CIC Room, 300 Laporte Avenue 4