HomeMy WebLinkAboutCitizen Review Board - Minutes - 09/10/2008CITIZEN REVIEW BOARD MEETING
CIC Room
September 10, 2008
Present: Dennis Baker, Anne Berry, Jim Dubler, Harry Edwards, Dave Evans,
Glenn Strunk
Excused Absences: Chris Kahler
Staff: Lt. Craig Dodd, Sgt. Russ Reed, Assistant City Attorney Greg Tempel and
Monica Gavin, Recorder
Chair Harry Edwards called the meeting to order at 5:31 p.m.
Minutes:
Anne Berry made a motion to approve the August 13, 2008 minutes. Dave
Evans seconded the motion. The motion passed 5:0 with Jim Dubler
abstaining.
Voice Mail Reports:
CRIB Voice Mail Message Report: Harry Edwards reported he checked the voice
mailbox at 3:54 p.m. on September 10, 2008 and there were no messages.
Bias Policing Voice Mail Report: Sgt. Russ Reed reported he checked the voice
mailbox at 4:20 p.m. on September 10, 2008 and there were no messages.
New Business:
Name Drawing Proposal:
Harry Edwards asked Dennis Baker to present his suggestion for an alternative
way of selecting subcommittee members. Dennis suggested names for
subcommittee members be pre -selected to control the balance of responsibility.
He suggested this could be done once a year or after seven cases are reviewed.
This would provide for each member to chair one case each, be an alternate
once and serve on two other cases. As this would be a change to City Code, it
would have to be presented to City Council.
Jim Dubler stated he supported the suggestion as it would level out the workload
and also would involve all members. Glenn Strunk was in favor originally but
after some thought, wants to maintain randomness in the selection and pre-
selecting names may not look fair.
Harry Edwards referred to Fort Collins City Code, Chapter 2, Article III, Division
8, Section 2-138d stating the intent of City Council was randomness in selecting
subcommittee members. He stated anything that predicts selection is subject to
manipulation. Anne Berry also expressed concerns and said even though it
would be highly unlikely, she wanted to avoid any possibility that we could be
accused of manipulation.
Dennis Baker made a motion to forward to City Council a request to
consider a change in the selection of review subcommittee members to
create a balance in workload. Jim Dubler seconded the motion. The
motion failed 2:4 (Those voting for were Dennis Baker and Jim Dubler;
those voting against were Anne Berry, Harry Edwards, David Evans and
Glenn Strunk.)
Name Draw for L112008-007 and schedule Subcommittee review
Names were drawn for L112008-007 and are as follows:
Glenn Strunk — Chair
Jim Dubler—Vice Chair
Chris Kahler — Member
Anne Berry — Alternate
Harry Edwards
Dave Evans
Dennis Baker
Sgt. Russ Reed delivered the books to Subcommittee members. Review was
scheduled for Wednesday, September 17, 2008 at 6 p.m. in the Community
Room at Fort Collins Police Services, 2221 S. Timberline Road.
Old Business:
Approve Subcommittee minutes for L112008-003
Dave Evans made a motion to approve Case L112008-003 Subcommittee
minutes. Anne Berry seconded the motion. The motion passed 3:0
Pending Cases:
L112008-001 - Lt. Craig Dodd delivered the books. Review was scheduled for
Wednesday, September 24, 2008 at 6:00 p.m. in the CIC Room.
L112008-004 - Will be heard tonight
L112008-005 — Sgt. Russ Reed delivered the books to Subcommittee members.
Review was scheduled following the next regular meeting on October 8, 2008.
L112008-006 — Currently In supervisory review. Sgt. Russ Reed anticipates
distributing books after September 21.
Glenn Strunk asked Greg Tempel to clarify what would constitute a conflict of
interest pertaining to a board or commission member. Would knowing a subject
or a witness in a case be an automatic disqualifier? Mr. Tempel referred to the
City of Fort Collins Charter, Article IV, Section 9, which defines personal and
financial interest. Mr. Tempel stated a close personal or social relationship could
cause a conflict of interest, but just knowing someone or seeing them from time
to time in public probably would not. Mr. Tempel read the definition of a
"personal interest" to the Board.
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Adjournment: Dennis Baker moved to adjourn the meeting. Anne Berry
seconded the motion. The motion was approved 6:0 and the meeting was
adjourned at 6:20 p.m.
Next Meeting: October 8, 2008, 5:30 p.m., CIC Room, 300 LaPorte Avenue
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Chair
E) ORIGINAL
Citizen Review Board Subcommittee Meeting Minutes
Case Number LII-2008-04
Wednesday, September 10, 2008
Council Information Center, City Hall West
Present: Dennis Baker, Subcommittee Chairperson; Dave Evans, Subcommittee
Vice Chairperson; Glen Strunk, Subcommittee Member; James Dubler,
Subcommittee Alternate Member; Greg Tempel, Senior Assistant City
Attorney; Lt. Craig Dodd, Fort Collins Police Services, Sgt. Russell Reed,
Fort Collins Police Services, Sgt. Greg Yeager, Fort Collins Police
Services
Call to Dennis Baker called the meeting to order at 6:29 P.M.
Order: He requested James Dubler be a scribe for these minutes.
Case No. Dr. Baker advised that, "pursuant to the provisions of Section 2-138 et
LH-2008-04 seq. of the Code of the City of Fort Collins, the Citizen Review Board
Subcommittee will undertake a review of an internal affairs administrative
investigation conducted by the Office of Police Services, Case No. 1,II-
2008-04, relating to alleged excessive use of force by police officers."
Citizens Present: Henry Harness, complainant; Karri Harness; Mandy
Harness; William Remine
Dr. Baker called for a motion to move to Executive Session. The motion
was made by Glenn Strunk: "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 LII-2008-04 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 Dave Evans.
Dr. Baker stated that no formal action would be taken nor any resolution
passed while in Executive Session. The subcommittee went into
Executive Session at 6:38 P.M.
Glenn Strunk moved to return to open session at 8:27 P.M. The motion
was seconded by Dave Evans and passed 3-0.
No members of the public were present after returning to open session.
Moved by Glenn Strunk: "The Citizen Review Board subcommittee on
investigation 1,II-2008-004, with respect to Internal Affairs' findings that
one officer is 'exonerated' and the complaint against the other officer is
1) ORIGINAL
'unfounded; finds the investigation sufficient and the subcommittee
concurs with these findings." The motion was seconded by Dave Evans
and passed on a voice vote 3-0.
Dr. Baker called for observations and recommendation to be included in
the Decision Memo.
Moved by Dave Evans: "The subcommittee recommends that in the
preparation of investigative materials, Internal Affairs address all issues
raised directly by the complainant so as to assure the public that
complaints will be investigated. Specific to LU-2008-004, the
complainant's allegations that police fail to provide `due process' and
`equal protection' were not addressed in the investigation or findings."
Seconded by Glenn Strunk; motion passed 3-0.
Dave Evans moved to adjourn. Glenn Strunk seconded. The vote was 3-0
in favor and Dr. Baker adjourned the subcommittee meeting at 9:04 P.M.
Respectfully Submitted,
Dennis A. Baker
Subcommittee Chairperson