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Citizen Review Board Subcommittee Meeting Minutes
Case Number LVH2007-003
Wednesday, August 15, 2007
Council Information Center, City Hall West
Present: Harry Edwards, Subcommittee Chairperson; Anne Berry, Subcommittee
Vice Chairperson; David Evans, Subcommittee Member; Dennis Baker,
Subcommittee Substitute Member; Greg Tempel, Senior Assistant City
Attorney; and Sgt. Russell Reed, Fort Collins Police Services.
Call to Harry Edwards called the meeting to order at 7:04 P.M.
Order: He requested Dennis Baker be a scribe for these minutes.
Case No. Mr. Edwards advised that, "pursuant to the provisions of Section 2-138 et
LVII2007 seq. of the Code of the City of Fort Collins, the Citizen Review Board
-003 Subcommittee will undertake a review of an internal affairs administrative
investigation conducted by the Office of Police Services, Case No.
LVII2007-003, relating to alleged excessive use of force and failure to
meet expectations of individuals and organizations by police officers."
In light of the absence of one subcommittee member, Chairperson
Edwards called for a motion to promote Anne Berry to Vice Chairperson
of the Subcommittee, Dave Evans from Substitute Member to Member,
and Dennis Baker to Substitute Member. Ms. Berry made the motion to
enact these membership changes. It was seconded by Mr. Edwards, and
without discussion passed on a vote of the two original voting members
2-0.
Mr. Edwards noted there were no citizens present to address the
subcommittee on matters relevant to this case. He then called for a motion
to move to Executive Session. The motion was made by Mr. Evans, "As
authorized by City Code sections 2-71(d)(2) and 2-31(a)(2), I move to go
into executive session for the purpose of receiving and considering
evidence relating to internal investigation number LVII2007-003
conducted by Police Services, and for the purpose of meeting with the
City Attorney to receive legal advice regarding the manner in which the
subcommittee's actions may be affected by existing law." The motion
passed 3-0 after being seconded by Ms. Berry.
Mr. Edwards stated that no formal action would be taken nor any
resolution passed while in Executive Session. The subcommittee went
into Executive Session at 7:10 P.M.
LVII2007-003 August 15, 2007
Mr. Evans moved to return to open session at 7:27 P.M. The motion was
seconded by Ms. Berry and passed 3-0.
Mr. Evans made a motion that the subcommittee concur with the Internal
Affairs administrative investigation for case LVII2007-003 and its
findings of "Exonerated" in the allegation of excessive use of force, and
"Exonerated" in the allegation of failure to meet expectations of
individuals and organizations by police officers, and that it be noted that
these findings are consistent with the facts in this case.
The motion was seconded by Ms. Berry.
Following some discussion about the challenges associated with citizens'
demands for police names and badge numbers, the motion was passed by a
vote of 3-0. Mr. Edwards called for observations and recommendations to
be included in the Decision Memo. There were none.
Mr. Evans moved to adjourn. Ms. Berry seconded. The vote was 3-0 in
favor, and Mr. Edwards adjourned the subcommittee meeting at 7:40 P.M.
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