Loading...
HomeMy WebLinkAboutCitizen Review Board - Minutes - 03/15/2000Citizen Review Board Regular Meeting Wednesday, March 15, 2000 City of Fort Collins Human Resources Conference Room Present: Rick Aulino, Brian Carroll, Donald Colby, Chair, Maria Martinez, Becky Richardson and Carole Stansfield Staff: Karen Carlson, Wendy Hartzell, and Greg Tempel Absent: Monica Garcia Citizens Present: Kevin Darst, Leroy Gomez, Timy Gonzales, Olivia Gonzales, Patty Schmidt, and Norberto Valdez Call to order: The meeting was called to order at 6:35 p.m. The February 16 meeting minutes were read and discussed. Rick Aulino made a motion to accept the February minutes as written. Carole Stanfield seconded the motion. No discussion and the motion carried 6-0. Public Input: Leroy Gomez stated that he and a group of other citizens several years ago initiated the effort to create a citizens review board in the City. The initiative was put on the ballot and failed. After the fact, the City of Fort Collins decided to create a Citizens Review Board (CRB) and he feels like the City took it out of the citizens' hands. He feels that the CRB needs to be more vigilant regarding Police and Internal Affairs investigations and their inconsistencies. The CRB should be a positive entity for the community and not a function of the City. Mr. Gomez also stated it is his understanding that Sgt. Gonzales of the Police Department denied a young lady's written request to address the CRB. Lt. Carlson stated she had information to share with the CRB on this issue. Becky Richardson asked Mr. Gomez to clarify what he thought was vigilant action that should be taken by the CRB. He responded that the CRB should conduct its own investigations and that each member should be trained in order to accomplish such investigations. Norberto Valdez commented to the CRB that the concept of a citizens review board is new and the CRB should not be expected to do everything right. However, it should be cognizant of shortcomings as they come to light during investigations and stress to the Police Department, in particular Chief Harrison, the need for increased training as an institution. He stated that when the CRB positions were advertised, no qualifications for Board members were required. It was clarified that information about the CRB and its monthly minutes are available to the public from the City Clerk's Office, the Public Library, and soon, via the City's web site. Mr. Gomez stated that the Department of Justice can come to train the CRB independently from the City. He stated it is not fair that CRB members are not trained and he wants the CRB to be viewed positively in the City. Patty Schmidt asked if extra copies of CRB minutes could be made available for citizens to read at the monthly meetings. It was agreed that this is possible and will be provided. Brian Carroll stated that many of these issues regarding investigations and training have been previously addressed by the CRB and are reflected in the minutes. Mr. Gomez stated that the media should be utilized so that people know where information can be found. Timy Gonzales addressed the CRB regarding his pending complaint and other allegations regarding the handling of his complaint by Sgt. Frances Gonzales. Becky Richardson clarified that case information can only be given to the four members of the CRB subcommittee reviewing his complaint. Mr. Gonzales went on to describe what he believes are inconsistencies and discrepancies with the handling of his complaint. He stated that Sgt. Gonzales' questions were dubious, and the interview was an interrogation. He stated that his first interview with Sgt. Gonzales was not recorded and he was told by Sgt. Gonzales that the tape recorder malfunctioned and could Mr. Gonzales repeat everything. Mr. Gonzales feels like Sgt. Gonzales tried to intimidate him and that Sgt. Gonzales perjured himself. Mr. Gonzales stated that he felt humiliated by the police misbehavior that precipitated his complaint, but other people are dead because of police misbehavior. Mr. Gonzales stated that to him, it makes perfect sense that the CRB would conduct its own investigations. He was informed by Sgt. Gonzales that he would receive mailings so that the process would be less intimidating, but the first thing he received was a telephone call from Sgt. Gonzales telling him to appear at his office. Mr. Gonzales decided not to go to Sgt. Gonzales or give him information directly. He stated that Sgt. Gonzales promised to give him findings and such findings were never presented or mailed to him. Regarding the tapes and transcripts of this case, Mr. Gonzales stated that he believes the summary is full of lies, which are lies and not 2 0 mistakes because the tape recordings have his true statements recorded. He stated that a person reading the transcript or listening to the tapes will be able to tell that he was being intimidated by Sgt. Gonzales. Mr. Gonzales stated that Sgt. Gonzales stated to him that he knew how the case would end and that the officer would be Geared. Brian Carroll asked Mr. Gonzales if he was alleging that the Internal Affairs police officer had committed a crime, and if so, this would become two different cases. Mr. Gonzales stated that it was not his desire for the CRB to experiment with his complaint. He stated that lying and obstructing justice is a separate issue and is possible complaint that he is considering filing. Mr. Gonzales and Leroy Gomez clarified that what Mr. Gonzales would like is an opportunity to go through the transcript with the CRB subcommittee reviewing his complaint, as they do not feel that the transcript or the tape are accurate. Mr. Gonzales feels like Sgt. Gonzales has manipulated the information given to the CRB. It was clarified with Mr. Gonzales and the other citizens present that the CRB subcommittee needs time to review the tapes and the transcript. At this point, the complaint rests with Police Services, as the CRB subcommittee has requested certain clarifications. Police Services now has 45 days to complete those clarifications and return the case to the CRB subcommittee. The CRB recommends a process for handling the complaints to Police Services and Sgt. Gonzales, but has no authority or power as to how this is accomplished. Olivia Gonzales commented that the whole process has been horrendous. Timy Gonzales stated again that Sgt. Gonzales lied and that he has it backed up in the transcript. Sgt. Gonzales said he would give Mr. Gonzales the summary but never did so and sent it directly to the CRB. Patty Schmidt asked if Mr. Gonzales would have an opportunity to meet with the CRB subcommittee. Rick Aulino stated that the complainant is always notified of a subcommittee meeting. Brian Carroll asked for clarification from counsel regarding hearing new evidence on a complaint and if it is necessary to give the complaint back to Police Services. Greg Tempel stated the ordinance is silent on new evidence and it is up to the discretion of the CRB's to interpret the issue how it chooses. Donald Colby added that the information given would be considered added information and not new information. Mr. Gonzales also stated that some witnesses, who have important information regarding this complaint, whose names he had given to Sgt. Gonzales were not contacted; however, other persons not related to the complaint, in particular his supervisors, were interviewed. 3 Mr. Gonzales asked if Lt. Carlson would be communicating with Sgt. Gonzales regarding these issues. She stated that she would be communicating with Sgt. Gonzales. Mr. Gonzales was concerned about the implications of this for his complaint. Maria Martinez stated that in all fairness, Sgt. Gonzales should be made aware of any accusations against him. Donald Colby stated that the CRB subcommittee will be reviewing the tapes and transcript first and then would notify Mr. Gonzales. Leroy Gomez thanked the Board for the opportunity to address it with these concerns. Norberto Valdez stated that there must be a dialog about what the relationship is between the CRB and citizens. He feels there is confusion about the CRB's role. There is concern about how information is being distributed to the public and that other avenues should be utilized. He stated outcomes of cases should be publicized. He also requested the CRB consider changing its name to "Citizens Police Review Board." Greg Tempel stated that the CRB would need to pass a motion requesting that its Council liaison recommend a name change to City Council. It was agreed that this could be considered by the Board at a later time. Spokes - Person Contact Information: A procedure for handling information requests from the media were discussed and clarified. All requests should be forwarded to the CRB spokesperson, which is the Chair. Becky Richardson asked if there is a standard response given and if not, if one was needed. It was agreed that each request would be handled on a case -by -case basis. It was agreed that the spokesperson will communicate with other Board members any response given regarding a case to the media. Voice Mail Availability: Lt. Carlson reported that a permanent voice mail box and number has been approved. It was agreed that Donald Colby will be given the access code numbers and will monitor the voice mail box. Becky Richardson suggested that the new voice mail number be published for the community. Rick Aulino will prepare a press release publicizing the new contact number. Media Response: Brian Carroll stated he was hoping for some clarification from the CRB's Council Liaison regarding whether there should be a response to recent 4 negative articles regarding the CRB and if so, from whom? Donald Colby will contact Chuck Wanner for follow-up. Web Site: Rick Aulino stated that he has made the requested changes to the web site that were identified at the last meeting. He hopes to be able to launch the site within the next week. Other Business: Greg Tempel asked for a copy of the minutes from the last subcommittee meeting. Rick Aulino will provide him a copy. Case IA-99-29: Mr. Tempel presented the Bylaws to the Chair and Co -Chair for signature. He also stated that these will need to be revised again to include the recent changes dealing with executive sessions. He will bring a draft of this change for review at the next meeting. Mr. Tempel also provided a new format for subcommittee reports for the CRB to review. Lt. Carlson presented to the CRB a letter addressed to the Board requesting information. She stated Police Services is looking into the matter, but asked for CRB feedback and how it would like to respond. Becky Richardson made a motion that the CRB respond to the letter and all future correspondence directed to the Board. Brian Carroll seconded the motion. Discussion followed. Carole Stansfield felt that the CRB should handle requests on a case -by -case basis and didn't feel like the CRB should be required to respond to everything received, and this may become burdensome. Rick stated that he felt that everything received by the Board should have a response. A vote was called on the motion, and it passed, 5-1. Becky Richardson will draft a response to the current letter received by the CRB and will confirm a return address to use for the CRB. Brian Carroll requested clarification on the rights of a complainant to receive witness reports regarding their complaint. It was stated that the complainant does not have a right to witness statements unless permission is given by that witness. He also asked for clarification regarding whether summary of transcripts will be provided or whether actual transcripts will be provided. Lt. Carlson stated that summaries will be signed by the witnesses giving the statements before they are forwarded to the CRB. Transcripts will be provided on a request basis. Monica Garcia has a new email address, which is: dansmommy@hotmaii.com. Becky Richardson made a motion that the CRB adjourn to executive session to discuss the complainants' request that the subcommittee reconsider its previous review of this case based on 5 new evidence. Donald Colby seconded the motion. No discussion and the motion carried, 6-0. Brian Carroll made an additional motion that the Police Services representative and legal counsel be permitted to remain present. Carole Stanfield seconded the motion. No discussion and the motion carried, 6-0. The Board adjourned to executive session at approximately 8:35 p.m. After 10 minutes, the Police representative was dismissed. It reconvened at approximately 9:00 p.m. Greg Tempel clarified that only those members who served on the subcommittee (Carole Stansfield, Brian Carroll, and Rick Aulino) can consider a request to reopen a case pursuant to Section 2.138(d) of the ordinance. Rick Aulino made a motion that information provided In Case MA 99-29 Is not considered new Infonntion and that the case will not be reopened. Brian Carroll seconded the motion. There was no discussion and the motion passed, 3.0. The subcommittee will draft a letter to the complainant notifying it of the subcommittee's finding. Adjournment: Marla Martinez made a motion to adjourn the meeting. Donald Colby seconded the motion. There was no discussion and the motion passed 6-0. The meeting adjourned at 9:06 p.m. Next Meeting: Wednesday, April 19 at 6:30 p.m. in the HR Conference Room. Agenda items will include media response follow-up, possible name change for the Board, and any web site updates. Chaff C�