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HomeMy WebLinkAboutCitizen Review Board - Minutes - 09/17/2008Cliff OF FORT COLLINS CITIZEN REVIEW BOARD D ORIGINAL 3(1(11 APnrte Avemie. P.O. Box 590 • Fnrt Collins. Colorado 90522-0590 • (9701416-2707 Citizen Review Board Subcommittee Meeting Minutes Wednesday, September 17, 2008 Fort Collins Police Services Community Room Case # 1-112008-007 Present: Glenn Strunk, Subcommittee Chairman; James Dubler, Subcommittee Vice Chairman; Anne Berry, Subcommittee Alternate Absent: Chris Kahler, Subcommittee Member Staff: Greg Tempel, Assistant City Attorney; Lt. Craig Dodd, Fort Collins Police Services Public: none Call to Order: The meeting was called to order at 6:00 p.m. by Subcommittee Chairman Strunk. Case # L112008-007: Mr. Strunk advised that, pursuant to the provisions of Sections 2-138 et seq. of the Code of the City of Fort Collins, the Citizen Review Board Subcommittee would undertake a review of an internal investigation conducted by the Office of Police Services, Case #LI12008-007, relating to alleged police officer violation of administrative policy. Mr. Strunk motioned that due to Mr Kahler's unavailability to attend this meeting, Ms. Berry be moved from Subcommittee Alternate to Subcommittee Member. Mr. Dubler seconded. There was no discussion. The motion passed 2-0. Mr. Dubler asked why we are hearing this case when the case has not gone to court yet. Lt. Dodd explained that the Internal Affairs investigation is independent of the criminal investigation and court proceedings. In addition, this is investigating an FCPS Policy violation, and the Policy is that the officer not break the law, not that the officer not be convicted of breaking the law. Executive Session: Mr. Dubler offered the following motion: "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 L112008-007 conducted by Police Services, and for the purpose of meeting with the Assistant City Attorney to receive legal advice regarding the manner in which the subcommittees actions may be affected by existing law." Ms. Berry seconded the motion. There was no discussion and the motion carried 3-0. Prior to adjourning into executive session, Mr. Strunk 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. The Subcommittee went into executive session at 6:08 p.m. LJ D ORIGINAL Citizen Review Board Subcommittee Meeting Minutes Wednesday, September 17, 2008 Fort Collins Police Services Community Room Case # L112008-007 Page 2 Regular Session: Mr. Dubler moved to adjourn from executive session. Ms. Berry seconded the motion. There was no discussion and the motion carried 3-0. The Subcommittee returned to regular session at 6:09 p.m. Mr. Dubler offered the following motion: "In regard to case 1-112008-007, the subcommittee finds that the investigation with respect to violation of Fort Collins Police Services General Directives — Expectations of Individuals & Organizational Conduct A-2(III D.6) as prepared by the Office of Police Service was sufficient and accurate, and that we concur with the findings that the allegation is sustained." Ms. Berry seconded. There was no discussion. The motion passed 3-0. Mr. Strunk asked if there was any additional discussion or any additional motions. There were none. Ms. Berry motioned to adjourn. Mr. Dubler seconded. There was no discussion. Motion carried 3- 0. The Subcommittee adjourned at 6:12 p.m. Respectfully submitted, Glenn Strunk Glenn Strunk, Subcommittee Chairman