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HomeMy WebLinkAboutCitizen Review Board - Minutes (Subcommittee) - 04/19/2000i • City of Fort Collins Citizen Review Board Minutes Subcommittee for Case IA#99-50 Wednesday, April 19, 2000 7:55 p.m. Human Resources Conference Room, 200 W. Mountain Ave. Present: Maria Martinez (Chair), Brian Carroll, Becky Richardson, Rick Aulino (Alternate) Others: Lt. Karen Carlson (Police Services), Greg Tempel (Asst. City Attorney, Timy Gonzalez, Olivia Abeyte-Gonzalez, Norberto Valdez Agenda: • Listen to public input • Go into executive session to discuss the case • Come out of executive session and vote (if needed) Listen to public input: The meeting was called to order at 7:55 p.m. The first order of business was to listen to any public input. Members of the public took turns addressing the board. Timy spoke first. He recapped a meeting that was held between representatives of the Justice Department and members of the Fort Collins community. He suggested that maybe the Citizen Review Board should attend these meetings. Timy said there have been a lot of complaints presented at this meeting. Timy also said that the meeting was not just made up of Hispanics, but also Anglos, American -Indians, etc. A sampling of the complaints presented at the meeting were charges of Police brutality, charges of Police harassment and 5 complaints against Internal Affairs. Norberto spoke next. He said that a smaller group of people were going to continue these discussions. The next meeting for these discussions will be on Tuesday, April 25 h . It will be held at the Family Center (College & Willow, in the old furniture store) at 6:30 p.m. Go into executive session: Becky made a motion to enter executive session. Greg ands Karen were stay in executive session with the subcommittee long enough to answer the specific questions that were asked of them at the last subcommittee meeting (on Tuesday, April 18). Brian seconded. The motion passed 3-0. The board entered executive session at 8:06 p.m. Citizen Review Board • P.O. Box 580 • Fort Collins, CO 80522 • Karen left executive session at 8:12 p.m. Greg left executive session at 8:14 p.m. Rick came out and invited Timy to join the subcommittee in executive session. Timy entered the executive session at 8:20 p.m. Timy left executive session at 9:35 p.m. Rick came out and invited Olivia to join the subcommittee in executive session. Before Olivia could join the subcommittee, Norberto came up and demanded that he also had to be let into the executive session. Norberto claimed that only he could make sure that Olivia's rights were not violated. Norberto refused to state exactly which rights he was referring to. Norberto wWold that he would not be allowed into executive session, that he did not directly witness anything associated with the case and that the subcommittee had no questions for him. Norberto was told that he would neither control nor intimidate the subcommittee,. Norberto still demanded to be allowed into executive session. Rick told Olivia that it was her choice, the board cannot compel someone to come into executive session, .without getting a subpoena. The two choices were either Olivia could choose to come into executive session by herself and give her testimony or Olivia could choose to not give her testimony. Olivia decided to come into executive session by herself. Olivia entered executive session at 9:45 p.m. Olivia left executive session at 9:55 p.m. Come out of executive session and vote: The subcommittee left executive session at 10:25 p.m. Brian made a motion that the subcommittee for case IA#99-50 has completed its review of the internal investigation conducted by Police Services. The subcommittee concludes that the internal Investigation was sufficient and accurate as to its findings/recommendations with respect to the complaint's allegations: • Committed the following misconduct: racial discrimination — exonerated Becky seconded and the motion carried 3-0. Brian then made another motion that the review subcommittee write a memo explaining its findings. Becky seconded and the motion passed 3-0. After the motions were finished, members of the public wanted a chance to respond. Timy spoke first. Hg'said that he thought the conduct of the Citizen Review Board was outrageous. He had three questions that he wanted to ask in executive session and he claimed he was allowed to only ask one of them. Rick replied that no one stopped him from asking questions, that Timy stopped after he asked the first one. But Timy was allowed to ask his questions. Limy asked if the board members listened to the audio tapes of his interview with Internal Affairs. Thp feply was that some of the board members did. He then modified his question to ask if those board members listened to the entire 4 V2 hours of tapes. The subcommittee r�eFlidd'yes. The next question that Timy asked was if the subcommittee read the transcripts of the audio tape. The board replied that every subcommittee member read the transcripts multiple times. Timy again modified his question to ask if they read every word in the transcript. Theboard replied yes, every word was read, not just in Timy's transcript, but in all df the transcripts that the board requested. The last question that Timy had was why did the board try to separate out all of the issues that Timy had, the claim of racial discrimination and the claim of intimidation by Internal Affairs? The board replied that only one complaint was before the board. Specifically the Citizen Review Board • P.O. Box 580 • Fort Collins, CO 80622 9 �lioard was reviewing complaint IA#99-50, which was the allegation of racial discrimination. By law, the board could only review complaints that are sent to it, it cannot review a complaint onIts own. The board would like to review the intimidation complaint, but legally could not until Timy would go and file a separate complaint. The members of the board encouraged Titny to do this so they could review this intimidation complaint. Timy reiterated how disappointed he was in the Citizen Review Board and since we didn't find in his favor, we must be controlled by the Police. The board told Timy that the memo explaining their findings will include the reasoning that went into determining these findings. Timy would get a copy of the memo. Norberto spoke next. He also said he was disappointed in the Citizen Review Board. Norberto made the same claim that since we didn't find in Timy's favor that we must be controlled by the Police. Norberto then said that since Timy was not allowed to talk about a complaint that wasn't currently before the board (e.g. the board only wanted to stick with discussing the facts of case IA#99-50) that we weren't treating people with respect. Becky made a motion to adjourn. Brian seconded. The motion passed 3.0. The subcommittee adjourned at 10:56 p.m. Citizen Review Board • P.O. Box 680 • Fort Collins, CO 80522 9