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HomeMy WebLinkAboutHuman Relations Commission - Minutes - 05/12/1977C I T Y 0 F F 0 R T C 0 L L I N S MEMORANDUM DATE: June 2, 1977 TO: Human Relations Commission FROM: Mary Ann Kennaugh#� RE: Minutes of the May 12, 1977 Regular Meeting I. Call to Order Called to order by Chairwoman Batson at 7:40 p.m., City Council chambers, 300 W. LaPorte Avenue. II. Role Call Members Present: Margaret Batson, Chairwoman Ken Drieth Don Shoemaker Steve Smith Gloria Hershberger Ed Ostertag Ben Napheys. Members Absent: Kelsey Smith, excused III. Consider Approval of Minutes Staff: John D. McGraw Rosita Bachmann Mary Ann Kennaugh Guests: CSU student reporter Commission Member Ostertag moved that the reading of the minutes be dispensed with and that they be approved as distributed. Commission Member Drieth seconded, and motion passed with the following vote: (6-0) Ayes: Commissionmembers Batson, Dreith, Shoemaker, Hershberger, Ostertag, and Napheys. Nays: None. IV. Proposed Police Grievance Procedure A final draft of the proposed procedure was distributed by Commission Member Hershberger, who indicated that a copy of the final draft, along with a proposed Ordinance to allow the Human Relations Commission to hold executive sessions, had been sbumitted to the City Manager and the Police Chief. Human Relations Commissit June 2, 1977 Page Two - Ostertag: (Referencing the proposed option for the Human Relations Commission to receive complaints "if they so desire") My own feeling is that I would like to receive copies of all complaints, so that we could investigate them if we wanted to. (Hershberger: The Human Relations Commission would re- ceive xerox copies of all complaints.) - Drieth: Would we be jeopardizing anyone's right to privacy? Would complaints be referred to by number only? Napheys: The City Charter was just amended to allow City Council to hold closed sessions in three areas: personnel matters, land acquisition, and legal matters the confidentiality of which would be in the public interest. Ostertag: The filing of a complaint (with the Police Department) is public, but the details are not? (Hershberger: No. The filing of a complaint is not public knowledge now.) Napheys: We are just an agent of the City Council, I don't know that we, ourselves, can hold executive sessions. Batson: We could arrange to have Glori kershberger report at each meeting about the number of complaints that ha been received. Ostertag: I would like to have the complaints routinely filed with the Human Relations Commission. First, however, I would like to discuss the implications of this with Lucia Liley. Batson: Do we want to discuss a complaint as a Commission, before it has followed the procedure down to us? Ostertag: If we have the report in front of us, can we revert to an exec- utive session to discuss it? Drieth: We may want to refer back to existing complaints and bring them up at a regular meeting. John McGraw read the proposed Ordinance allowing the Human Relations Commission to hold executive sessions. - Commission Member Ostertag moved that the Human Relations Commission take the option of having complaints routinely reported to the Human Relations Commission, and that the wording "if the Human Relations Commission so desires", as written on Page 3, Section III, Part E of the Police Department Rules and Regulations Re ardin Handlin of Citizen Com Taints A ainst Officers, be de e%dl through- out the document. Discussion fo owed: Human Relations Commission June 2, 1977 Page Three Napheys: "I dont't like the Ordinance at all," Smith: We ought not to have any more executive session powers than the City Council. Ostertag: I'm fighting to have the Human Relations Commission involved with either open or closed sessions. Drieth: The names of the complainants would not be public. Chairwoman Batson called for the question, and motion passed with the following vote: (6-1) Ayes: Commissionmembers Batson, Drieth, Shoemaker, Smith, Hersh- berger and Ostertag. Nays: Commission Member Napheys, - Napheys: Was the polygraph questioned at the last meeting? I question the use of it, and the fact that the investigation may be terminated if the Complainant is requested to take a polygraph and refuses to do so, (Refer- ence to "Guidelines for Use of the Polygraph and Investigation" Part A.) Ostertag: (To Napheys) Yes, it was questioned. Do you feel that the taking of a polygraph is intimidating in itself? (Napheys: Yes.) Hershberger: Tile use of a polygraph is to deter the filing of false complaints. Ostertag: The proposed misdemeanor charge for filing a false complaint should take care of this. Napheys: I'm not sure that this Board should be involved as a review board. Our overall responsibility is to be involved in commmunity relations; I'm not sure that we would be serving that function by acting as a fact-finding board. I am reluctant to have a citizen review board, by whatever name, in Fort Collins. Referring to the Police Grievance survey of last year: The questionnaire did not indicate enough concern in the community for this (a type of police grievance procedure). My basic stance is "sbould.we be involved at all?" Batson: I feel the questionnaire, as well as the Police -Community workshop of last year showed the need for some type of document like this, I am not in favor of a citizen review board either, but, as an organized arm of the City Council in community relations, when the need arises, the Human Re- lations Commission could get involved. Ostertag: A disadvantage right now is the make-up of the Human Relations Commission; it does not have as broad a representation as it should. We need to see "with another eye" if minorities, etc. would or would not find this beneficial. Maybe we should ask someone to review it. Batson: This proposed procedure is the development of something which began three years ago. Human Relations CommissioTf • June 2, 1977 Page Four Napheys: I'm not sure that we would be doing ourselves or others (e.g, Chicanos) a service. There are remedies available now (referring to the judicial system) although this would be an expense to the Complainant. I'm not sure that this isn't just a delay. Drieth: The procedure would at least give the Complainant an option. (Bachmann: That is how the Police -Community Relations Committee felt in coming to the Human Relations Commission as a body of citizens representing the community.) Napheys: Whatever name you call it, that is a citizen review board. Ostertag cited an example of a few years ago when a woman was referred to several different agencies to get help with a problem, but no one did anything until she finally came to the Human Relations Commission. (Napheys: There was no formalized procedure involved.) Speaking to your earlier statement about remedies already available, there were procedures in this case that should have taken care of the problem and they did not. Napheys: I don't think we, as a body, should be involved in this way. Are we really "with it" in our capacity of educating the community regarding civil rights? What we would be doing if we become involved is adding another duty. Involvement in this would significantly add a time burden; we would better serve the City Council by getting it together with the duties we already have. Batson: I think we need to be where the need is greatest; that is why we are here. With the proposed procedure, we will either have a lot to do or nothing to do. We would be involved only at the end as a last resort. Like the handicapped, if they feel they just need someone to come to from time to time, I= feel we can help on that basis. - Ostertag: Do we have to take action on this tonight? Batson: I felt we just needed to discuss it. Ostertag: Do we have the option to hold it for further study? Hershberger: The procedure has gone to the City Manager and Chief Smith. From there, it will go to City Council McGraw: Perhaps you should give the City Manager some indication of your position on the various options in the current draft. Ostertag: Is it your thought that City Council is waiting to hear from us? (Hershberger: I don't really know.) (McGraw: City Council will eventually consider this one way or another, whether the Human Relations Commission is involved or not. It would be important for the City Council to know under what conditions you will/will not become involved.) Human Relations Commissio June 2, 1677 Page Five Commission Member Napheys moved that Section V, "Guidelines for Use of the Polygraph and Investigation" of the Police Department Rules and Regulations Regarding Handling of Citizen Complaints Against Officers,plus any other refe to a polygraph examination, be deleted from the procedure. Commission Member Hershberger seconded. Discussion followed: Shoemaker: I can't even look at the procedure objectively with the polygraph involved. Steve Smith: Whether the Human Relations Commission is involved or not, I think we should delete the polygraph exam. Chairwoman Batson called for the question, and motion passed with the following vote: (7-0) Ayes: Commissionmembers Batson, Drieth, Shoemaker, Smith, Hershberger, Ostertag, and Napheys. Nays: None. - Ostertag: (Reference to Page 3, Section III, Part F of the Police Department VRulles and Re ulations Regarding Handling of Citizen Complains gains icers Who decides whether or not copies o the comp ain wiTT-�e sent? rshberger: Chief Smith and the Investigator.) Commission Member Napheys moved that any reference to a misdemeanor offense for filing a false complaint (specifically as written on: Page 3, Section III, Part C, all words following "true" should be deleted; Page Two, Section II, Part. B#8 should be deleted entirely; and other such reference throughout the document). Commission Member Hershberger seconded. Discussion followed: Drieth: Are we just restating a law when we say the filing of a false complaint is punishable by law? (Hershberger: No. This does not cur- rently exist as a City Ordinance.) (McGraw: I believe that the Colorado Revised Statutes address this issue.) Referring to the notarization of complaints: Hershberger: Complaints need to be notarized only if they are not filed in the Police Department itself. Napheys: (To Bachmann) Are your complaints through the Human Rights Office notarized? (Bachmann: Yes, although the Ordinance does not call for it.) Ostertag: If the procedure included the warning about a misdemeanor offense, it may just make the Complainant realize how serious this really is. (Ostertag also referred to the fact that the police officer has no recourse, i.e., compensation for 2 pay, if the complaint is found to be false.) Bachmann: It takes a lot of courage to file a. complaint; it is a very serious step. Ostertag: The "barrage of officialdom" in filing a complaint also reflects the seriousness involved. Human Relations CommissiAs • June 2, 1977 Page Six Napheys:' What does the current Ordinance say regarding the filing of false complaints? (McGraw: There is no ordinance now,) I'm not sure that violation of a City ordinance is a misdemeanor offense. Ostertag: I think we need more information. Perhaps we can suggest that a workshop with the City Attorney be scheduled. Napheys: I don't think we are in a position to make an intelligent decision. Commission Member Ostertag moved that the matter of the Police Department Rules and Regulations Regarding Handling of Citizen Complaints Against Officers be tabled until such time that a workshop can be arranged with the City Attorney's office. Motion died for lack of a second. .thaj' Commission Member Ostertag movedvthe discussion pertaining to Naphey's motion regarding the deletion of reference to a misdemeanor offense be tabled until a workshop on the entire grievance procedure is held. Commission Member Napheys seconded, and motion passed with the following vote: (7-0) Ayes: Commission - members Batson, Drieth, Shoemaker, Smith, Hershberger, Ostertag, and Napheys. Nays: None. Commission Member Napheys moved that Section IV, Part P on Page 5, and the por- tion of Section IV, Part R on Page 6 which refers to the Human Relations Com- mission (the words "Human Relations Commission"), of the Police Department Rules and Regulations Regardin Handling of Citizen Complaints Against Officers be deleted; and that reference to the Human Relations Commission in the General Procedure of the Policy Regarding Citizen Complaints Filed Against Fort Co—ITins Rol —ice 1cers, Page e deleted. Steve Sin—ith seconded. iscusson 0 owe : Ostertag (to Napheys): I can understand your hesitancy regarding the Human Relations Commission's involvement, e.g., time burden, etc., but we are dealing with things pertaining to human well-being. We have acted in good faith in the past; withdrawal at this point would be awkward. Napheys: This is, in essence, a police review board. I question if there should be such a group at all; if so, should this body be that group? I feel, theoretically, there are adequate remedies already available. As a practical matter, our involvement may just be a delay of justice. Ostertag: Before we take action on Ben's motion, I would like to see an analy- sis of the cost of the legal process involved in filing a complaint, what services are available through Legal Aid, what cases they will and will not take, and what happens to cases they do not take. Batson: At this point, I feel we should set the whole matter aside and have our next meeting devoted to this. Human Relations Commission June 2, 1977 Page Seven Commission Member Ostertag moved that the discussion of the Police Department Rules and Regulations Regarding Handling of Citizen Complaints Against Officers and related documents be tabled until such time that a workshop with the appropri- ate resource people is held. Commission Member Drieth seconded, and motion passed with the following vote: (7-0) Ayes: Commissionmembers Batson, Drieth, Shoemaker, Smith, Hershberger, Osstertag, and Napheys. Nays: [lone. Commission Member Shoemaker moved that the motions regarding the polygraph and related minute extracts be sent to City Council. Commissionmember Hershberger seconded and motion passed with the following vote: (6-1) Ayes: Commission - members Batson, Drieth, Shoemaker, Smith, Hershberger, and Ostertag. Nays: Commission Member Napheys. Commission Member Steve Smith moved that the Human Relations Commission oppose the passage of any Ordinance concerning executive sessions for City boards and commissions other than one identical to that Ordinance passed for City Council executive sessions at the City election of April 1977 (allowing them to hold executive sessions only in the areas of land acquisition, personnel, and legal advice). Commission Member Napheys seconded, and motion passed with the fol- lowing vote (5-1-1): Ayes: Commissionmembers Batson, Shoemaker, Smith, Ostertag and Napheys. Nays: Commission Member Hershberger. Abstentions; Commission Member Drieth. V. Appointments to the Larimer Human Resource Board Chairwoman Batson indicated that a letter had been written to Dr. Sherwood, Chairman of the Larimer Human Resource Board, regarding the schedule for revenue sharing. A meeting of the Board is scheduled on May 18, 1977 at 4:00 p.m., 323 Jefferson Street. Batson further requested that two or three people from the Commission attend this meeting if possible. Commission Member Napheys noted that it is at these meetings where real input can be made regarding funding allocations. Commissionmembers Napheys, Batson and Smith will attend the May 18th meeting. VI. Upcoming Vacancies on the Commission Following are term expirations for 1977: Margaret Batson Ed Ostertag Don Shoemaker (erroneously listed on the 1976 membership list with term expiration of 1980) UumAn Relations Commissi� June 2, 1977 Page Eight VII. Other Business U A. Commission Member Hershberger reported on the first meeting of the Handi- capped Advisory Committee (See report attached hereto,) B. Rosita Bachmann reported that this year the Human Rights Office would not be holding workshops on Equal Employment Opportunity, rather, the Office will be establishing a pipeline with banking institutions in the community (as per a request from Home Federal Savings). Ostertag: Education is one of the Commission's prime responsibilities --- I don't think we have done anything in this area since the handicapped were added to the Ordinance. Bachmann: The first informal discussion on housing laws will be held on May 18, 1977 . All apartment/home (rental) owners are welcome to attend. The Chamber of Commerce might be sponsoring some type of semi- nar or workshop for small minority businesses. - Ostertag: It is important that we move as soon as possible to see that existing buildings and new construction have no architectural barriers to the handicapped. Drieth: What authority does Planning and Zoning have over this? (McGraw: Under Building Inspection, there is a committee to deal with architectural barriers. Some ordinances have been passed amending building codes. I have introduced Buz Hicks, Handicapped Sub -Committee Member, to Bill Waldo. They are seeking handicapped input to the Building Inspection Committee.) (Batson: The Handicapped Advisory Group themselves are also dealing with this situation.) C. Chairwoman Batson read a letter to Art Jackson thanking him for his contri- butions to the Human Relations Commission. VIII. Adjournment Meeting adjourned at 10:00 p.m. The Advisory Committee for the Handicapped held an organizational meeting at 7:00 p.m. on Monday, 9 May 1977, at the Human Resources Bldg. There were eight members present and one member was represented by an alternate. They will meet the second Monday of each month. Correspondence included a letter ordering pamphlets and a letter to Jim Dooneyof Mental Health requesting input into the blueprints of their new building. Mr. Dooney replied that he welcomed their input when the time arrived to have blueprints drawn up. Officers were elected and will serve one year. Chairman - Dorothy Lasley; Vice Chairman - Jay Klein; Secretary - Martelle Nussbaumer. It was decided that three members will serve two years (Buz Hicks, Susan Porter, Martelle Nussbaumer), three members three years (Janet Banks, Dorothy Lasley, Jay Klein), and three members four years (Ray Harper, Dean Matsunaka, Bob Wells). Three subcommittees were formed: 1) Architectural barriers (Dorothy Lasley, Martelle Nussbaumer, Bob Wells) 2) Clearinghouse (Ray Harper, Buz Hicks, Jay Klein, Dottie Russell) and 3) Education and Employment (Janet Banks, Susan Porter, Dean Matsunaka, Mary Williams, Betty Erdmann). These committees are open to the public. Temporary chairmans are Dorothy, Jay, 6 D Mary Williams, RN, HCP Childrens Nurse invited anyone to an organizational meeting to locate the handicapped children from zero to six to be held at 8:00 a.m., 10 May 1977 at 3000 South College. The Governor's Advisory Committee w4 be awarding the best vglunteer for the handicapped and the best handicapped. The meeting adjourned at 9,30 p.m.