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HomeMy WebLinkAboutCitizen Review Board - Minutes - 08/13/2008CITIZEN REVIEW BOARD MEETING CIC Room August 13, 2008 Present: Anne Berry, Harry Edwards, Dave Evans, Chris Kahler and Glenn Strunk Excused Absences: Dennis Baker and Jim Dubler Staff: Lt. Craig Dodd, Sgt. Russ Reed, Assistant City Attorney Greg Tempel and Angelina Sanchez -Sprague, Recorder Chair Harry Edwards called the meeting to order at 5:32 pm. Minutes: Harry Edwards asked if the Board was ready to approve the minutes of the July 16�n meeting. To complete the minutes, Lt. Dodd asked who seconded the motion to adjourn. It was determined that Glenn Strunk seconded that motion and that information was added. Dave Evans made a motion to approve the July 16, 2008 minutes as amended. Anne Berry seconded the motion. The motion passed 5:0. Voice Mail Reports: CRB Voice Mail Message Report Harry Edwards reported he checked the voice mailbox at 2:41 pm on August 13, 2008 and there were no messages. Bias Police Voice Mail Report Sgt. Russ Reed reported he checked the voice mailbox at 5:05 pm on August 13, 2008 and there were no messages. New Business: Lt. Craig Dodd reported that effective September 1, Sgt. Greg Yeager would replace Sgt. Russ Reed as the Internal Affairs investigator. The transition would take place over several weeks with Sgt. Yeager learning the ropes as Sgt Reed completes cases L112008-003, L112008-004, L112008-005, and L112008-006. Old Business: Glenn Strunk asked if the Board will be considering Dennis Baker's suggestion for an alternative way for selecting Subcommittee members. Harry Edwards said with Dennis absent tonight, he'd like Lt. Dodd to add it to the September agenda when Dennis will be present and can participate in the discussion. Pending Cases are: Case #1 - L112008-001 — Lt. Dodd is reviewing. Page 1 of 2 Case #2 - L112008-003 — To be reviewed by the Subcommittee after today's regular meeting Case #3 - L112008-004 Case #4 - L112008-005 Case #5 - L112008-006 Sgt. Reed reported that one or two cases will be ready in September and October. He hopes to deliver the cases that are ready to Subcommittee members by mid - September. Harry Edwards reported the subject of the case being reviewed tonight had requested he be able to attend not only the subcommittee meeting but the executive session. He also prefers not to provide testimony or be available for questions. Senior Assistant City Attorney Greg Tempel said that normally only individuals with a role to play (provide information to the Subcommittee) can be present for Executive Session. Greg also advised that this question is best posed at the Subcommittee meeting level. Dave Evans moved to adjourn the meeting. Glenn Strunk seconded the motion. The motion was approved 5:0 and the meeting was adjourned at 5:60 pm. Next meeting: September 10, 2008, 2008, 5:30pm, CIC Room, 300 LaPorte Avenue. Chair / 0/7- Do V- Page 2 of 2 CITY OF FORT COLLINS CITIZEN REVIEW BOARD 3001 APode Avenue P.O Rox 5R0 - Fmt Collins. Colmado R05224)590 - r9701416-2707 Citizen Review Board Subcommittee Meeting Minutes Case Number U12008-003 Wednesday, August 13, 2008 Council Information Center City Hail West Present: Harry Edwards, Subcommittee Chairperson, Subcommittee Vice Chairperson, Dave Evans Absent: Chris Kehler, Subcommittee Member and Dennis Baker, Subcommittee Alternate Member were absent Staff: Greg Tempel, Senior Assistant City Attorney, Lt. Craig Dodd and Sgt. Russell Reed Staff Liaisons Public: Chris Van Meter Call to Order: The meeting was called to order at 6:01 p.m. by Subcommittee Chairperson Edwards. Chairperson Edwards advised the Subcommittee that during the regular meeting of the Citizen Review Board of August 13, 2008, Chris Kehler, Subcommittee Member, advised Chairperson Edwards that he would be unable to attend and participate in the Subcommittee review of Case No. 1-112008-003. In addition, Chairperson Edwards advised the Subcommittee that he had received written notification from Subcommittee Alternate Member Baker that he would be unable to attend and participate in the Subcommittee review. Chairperson Edwards advised that in accordance with the order of the random draw of members for Subcommittee participation that Jim Outlier was next for selection. Chairperson Edwards advised the Subcommittee that he had received written notification from Jim Dubler that he would not be available to attend and participate in the Subcommittee review. With respect to the order of the random draw, Chairperson Edwards determined that Anne Berry and Glenn Strunk, respectively were available to participate in this Subcommittee review. Motion: It was moved by Subcommittee Vice Chairperson Evans that Anne Berry replace absent Subcommittee Member Kehler for the purpose of conducting the review of internal investigation Case No. L112008-003 prepared by the Office of Police Services. The motion was seconded by Chairperson Edwards. There was no discussion and the motion carried 2-0. Motion: It was moved by Subcommittee Vice Chairperson Evans that Glenn Strunk replace absent Subcommittee Altemate Member Baker for the purpose of conducting the review of intemal investigation Case No. L112008-003 prepared by the Office of Police Services. The motion was seconded by Subcommittee Member Berry. There was no discussion and the motion carried 3-0. Case No. UUDOB-003: Subcommittee Chairperson Edwards advised that, pursuant to the provisions of Sections 2-138 at 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 No. LII 2008-003, relating to alleged events of police officer actions in violation of administrative policy or applicable law occurring on June 23, 2008. Citizen Review Board Subcommittee Meeting Minutes Case Number UROOS-003 Wednesday, August 13, 2008 Council Information Center City Hall West Page 2 Subcommittee Chairperson Edwards requested that all parties wishing to address the Subcommittee be identified and advise the Subcommittee of the form of materials to be presented and the time required for such presentation. Chris Van Meter was identified as a person interested in participating in the Subcommittee review. In discussions with Mr. Van Meter, Chairperson Edwards determined that Mr. Van Meter requested to be present during all phases of the Subcommittee review, inclusive of any executive session which may be convened. With respect to the request by Mr. Van Meter to be present in any executive session that may be convened, Chairperson Edwards solicited the advice of Greg Tempel, Senior Assistant City Attorney. City Attorney Tempel advised the Subcommittee that executive sessions are regulated by the provisions of Article it, Division 2, Section 2-31 at seq., Article III, Division 1, Section 2-71, Subsection (2), Article III, Division 8, Section 2-140(h) and Article III, Division 8, Section 2-140(d) of the Fort Collins Municipal Code. City Attorney Tempel advised that participation in an executive session is generally reserved to members of the Subcommittee, however, that discretion lies with the Subcommittee to permit participation by witnesses and others that will present evidence pertinent to the purpose for which the Subcommittee has convened. City Attorney Tempel indicated that the mere presence in an executive session of an individual for the sole purpose of observation of the proceedings conducted therein is beyond the permissible purview of the executive session legislative provisions. Additionally, City Attorney Tempel advised that pursuant to the foregoing provisions of the Fort Collins Municipal Code a police officer or community service officer who is the subject of the internal investigation may request that the matter be considered in open session. Chairperson Edwards asked Mr. Van Meter if he was making a request of the subcommittee to conduct this matter in open session. Mr. Van Meter indicated that no such request was being made of the Subcommittee. Chairperson Edwards inquired whether Mr. Van Meter would provide testimony, other evidence, or be available to answer questions regarding the events set forth in the internal affairs investigation during an executive session. Mr. Van Meter indicated that he would not be offering testimony, responding to questions by members of the Subcommittee or offering any other type evidence during an executive session. Motion: It was moved by Subcommittee Vice Chairperson Evans, that pursuant to the advice given by City Attorney Tempel and the provisions set forth in the Fort Collins Municipal Code, that Mr. Van Meter not be permitted to attend the executive session that may be convened to review this matter. The motion was seconded by Subcommittee Member Berry. There was no discussion and the motion carried 3-0. Executive Session: At 6:14 p.m. Subcommittee Vice Chairperson Evans offered the following motion: "As authorized by City Code section 2-71 (d)(2) and 2-31(a)(2), I move to go into executive session for the purpose of receiving and considering evidence retailing to internal investigation Case Number L112008-003 conducted by the Office of 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 affifted by existing law." Subcommittee Member Berry seconded the motion. There was no discussion and the motion carried 3-0. Citizen Review Board Subcommittee Meeting Minutes Case Number LI1Y008&003 Wednesday, August 13, 2008 Council Information Center City Nail West Page 3 Prior to adjourning into executive session, Subcommittee Chairperson 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. Executive Session: Without objection, Sgt. Russell Reed and Lt Craig Dodd, investigating officers for this case were requested to remain for the purposes of Subcommittee inquiries. Regular Session: At 6:38 p.m. Subcommittee Vice Chairperson Evans moved to adjourn from executive session. Subcommittee Member Berry seconded the motion. There was no discussion and the notion carried 3-0. Motion: At 6:39 p.m. Subcommittee Vice Chairperson Evans moved that the internal investigation, Case Number L112008-003, prepared by the Office of Police Services is sufficient for the purpose of Allegation #1 set forth therein and that the Subcommittee concurs with the findings set forth by the Office of Police Services with respect to Allegation #1 'Expectations of individuals & Organization Conduct A-2(III D.6): Sustained"; and expresses no additional comment. Subcommittee Member Berry seconded the motion. There was no discussion and the motion carried 3-0. Motion: At 6:43 p.m. Subcommittee Vice Chairperson Evans moved that the internal investigation, Case Number L112006-003, prepared by the Office of Police Services is sufficient for the purpose of Allegation #2 set forth therein and that the Subcommittee concurs with the findings set forth by the Office of Police Services with respect Allegation #2 "Expectations of Individuals & Organization Conduct A-2(III D.17): Sustained": and expresses no additional comment. Subcommittee Member Berry seconded the motion. There was no discussion and the motion carried 3-0. Adjoum: At 6:45 p.m. Subcommittee Vice Chairperson Evans moved to adjourn. Subcommittee Member Berry seconded the motion. There was no discussion and the motion carried 3-0. �1ho1zoo*-