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HomeMy WebLinkAboutCitizen Review Board - Minutes - 11/28/2007Citizen Review Board Subcommittee Meeting Minutes Case Number LIU007-006 ORIGINAL Wednesday November 28, 2007 Council Information Center, City Hall West Present: Harry Edwards, Subcommittee Chairperson; Jim Dubler, Subcommittee Vice Chairperson; Dave 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 6:00 p.m. Order: Case No. Mr. Edwards advised that, pursuant to the provisions of Section 2-138 et LII2007-006: seq. of the Code of the City of Fort Collins, the Citizen Review Board Subcommittee will undertake a review of an internal investigation conducted by the Office of Police Services, Case No. IA II2007-006, relating to police officers' conduct and performance, and expectations of individuals and organizations, allegedly in violation of administrative policy, events occurring on and after September 16`", 2007. The complainant is Ms. Betty Aragon-Mitotes, who was notified by U.S. mail on November 24 and by telephone on November 26 of the date, time, and location of this review. Mr. Edwards advised that all parties wishing to address the Subcommittee should identify themselves and inform the Subcommittee of the form of materials to be presented and the time required for such presentations. Complainant Betty Aragon-Mitotes identified herself and requested time to make an oral presentation to the Subcommittee. Mr. Edwards said that time during the executive session will be allocated for Ms. Aragon- Mitotes' presentation. Mr. Edwards advised that no final policy decision will be made, nor will any resolution be passed or other formal action taken by the Subcommittee while in executive session. Mr. Edwards noted that the following members of the public were present: Betty Aragon-Mitotes Cheryl Distaso Executive Mr. Evans entered the following motion: As authorized by City Code Session: 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 L112007-006 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 was seconded by Mr. Dubler and passed by a voice vote of 3-0 with no discussion. The Subcommittee went into executive session at 6:04 p.m. Sgt. Reed and Ms. Distaso exited the room for the executive session. LII2007-M Subcommittee Minutes November 28, 2007 Open Mr. Evans made a motion to return to open session. It was seconded by Session: Mr. Dubler and passed by a voice vote of 3-0 with no discussion on the motion. The Subcommittee retumed to open session at 7:04 p.m. Sgt. Reed and Ms. Aragon-Mitotes were present for the open session. Mr. Edwards directed the Subcommittee to Tab 3 of their case notebooks, the findings section. Mr. Evans reminded the Subcommittee not, however, to identify the officers, to which Mr. Edwards questioned Mr. Tempel if the officers could be identified by rank. Mr. Tempel affirmed members could. Mr. Evans made a motion to concur with the finding of "unfounded" relative to the complaint of discrimination against the officers, and that the remaining allegations were beyond the scope of this subcommittee. Mr. Dubler seconded the motion. Discussion included clarification of "remaining allegations," and the advisability of limiting the scope of the Subcommittee's conclusions as was part of the motion. Mr. Tempel advised that failing to respond to all the allegations could open a channel for a second hearing of the excluded allegations. His reference to City Code 2-140(c) gave the police chief the responsibility to respond in 45 days to any claim of officer misconduct. Mr. Evans withdrew his motion, as did Mr. Dubler his second. Findings: Mr. Dubler made a motion to concur with the findings of "not involved" for the off -duty Lieutenant. The motion was seconded by Mr. Edwards and passed on a voice vote 3-0 with no discussion. Mr. Dubler made a motion to concur with the findings of "unfounded" for the Sergeant. The motion was seconded by Mr. Edwards and passed on a voice vote of 2-1, with Mr. Evans dissenting. There was no discussion of the motion prior to voting. Mr. Dubler made a motion regarding the two allegations against the patrol officer to concur with the findings of "unfounded." Mr. Edwards seconded the motion which then passed on a voice vote of 2-1, with Mr. Evans dissenting. There was no discussion of the motion prior to voting. Mr. Edwards asked if there were any comments or recommendations to send along with the decision memorandum. Mr. Dubler commented that this case concerned him relative to the outcome of special use permit traffic control restrictions that proved in this case to be unenforceable. Mr. Dubler made a motion to recommend to the Chief that a review be conducted regarding how parking is handled for special use permits to determine if there is a better way to deal with traffic control issues. The motion was seconded by Mr. Evans and passed on a voice vote 3-0 with some discussion on the briefing process for patrol officers relative to special use events.