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HomeMy WebLinkAbout2009 - Citizen Review Board - Annual ReportMEMORANDUM Date: January 25, 2010 To: Citizen Review Board From: Captain Jerry Schiager RE: 2009 End of Year Report The 2009 End of Year Report includes an assessment of the progress on the 2009 Work Plan and a statistical overview of the cases reviewed by the Citizen Review Board. Citizen Review Board 2009 Work Plan • Continue the review of Police administrative investigations via subcommittee. Accomplished. • Continue monitoring and reporting CRB voicemail and Bias Policing voicemail. Accomplished. During 2009, the CRB updated the voicemail systems to reflect current contact information. In addition, the CRB added an email reporting component that allows citizens to report concerns directly to the Chair and Co-Chair of the CRB via email. • Explore options for educating citizens about the existence and purpose of the Citizen Review Board. Accomplished. During 2009 the CRB created and produced an educational video that illustrates the process for reporting complaints and the purpose and role the CRB plays in complaint review. • Continue liaisons with appropriate Boards and Commissions, including the Human Relations Commission. Accomplished. A member of the Human relations Commission regularly attends CRB general meetings and provides updates on HRC activities that may be of interest to CRB members. • As opportunities present themselves, identify and establish relationships with specific groups within the community. Not Accomplished. No new relationships were identified or established in 2009. • Provide and monitor training for any new board members. Accomplished. During 2009 three new members who began their terms in late 2008 were provided basic training that addressed a myriad of CRB process and law enforcement practices. • Continue to arrange annual training for all board members. Board observation of scenario based training of recruit officers was well received. Continue the expansion of this training opportunity. Accomplished. During 2009 each member received annual updated training at their request and many tenured board members voluntarily attended new member training as a refresher. Citizen Review Board 2009 Annual Report The Board considered four cases in 2009. This was a decrease of four cases from 2008. Five additional cases came in during the final days of December 2009 and will not be reviewed by the Board until 2010. A new Internal Affairs case management system (IAPro) was implemented in 2007, so the new numbering system has been applied to old and new cases to aid in understanding: PC2009-xxx: Performance Complaints LI2009-xxx: Level 1 Complaints LII2009-xxx: Level 2 Complaints 2009 is for the year and the “xxx” is the number identifier for that particular type of complaint (i.e. 001 would be the first case, 002 the second and so on.) (On past reports “EC” and “IC” were used [Externally vs. Internally Generated Complaints] this was changed to the current tracking system. Additionally, past reports may not have been accurate as to what year a case was reviewed in. For example a late 2005 case may not have been reviewed by the Board until 2006, but showed up on the list of 2005 reviewed cases due to its number. That has been corrected in this report.) 2006 2007 2008 2009 1 LII2005-005: SS LI2007-005: CO LII2007-008: CO LII2009-001: SS 2 LII2005-007: RP LII2007-001: CO LII2008-001: CO LII2009-002: CO 3 LII2005-008: RP LII2007-003: UOF LII2008-003: CO LII2009-003: CR 4 LII2005-009: UOF LII2007-005: CR LII2008-004: UOF LII2009-004: CR 5 LII2005-010: SS LII2007-006: CR LII2008-005: UOF 6 LII2005-011: SS LII2007-009: UOF LII2008-006: UOF 7 LII2006-001: UOF LII2008-007: CO 8 LII2006-002: OIS LII2008-008: CO 9 LII2006-003: UOF 10 LII2006-004: UOF 11 LII2006-005: UOF 12 LII2006-008: CR LEGEND UOF – Use of Force OIS – Officer Involved Shooting CR – Civil Rights RP – Racial Profiling SS – Search and Seizure CO – Criminal Offense DEFINITIONS: Performance Issues 1. General: It is expected that an employee’s supervisor will investigate any performance issue that comes to the attention of the department by any source. This may involve a citizen’s perception about an employee’s behavior, a minor violation of agency directives, procedure or practice, or a concern expressed about the way an incident was handled. Subsequent performance issues involving similar conduct by the same employee within a twelve-month period may result in the elevation of the investigation to Level One. Level One Investigation 1. General: A Level One investigation involves an allegation that an employee violated clearly established departmental directives, procedure or practice and may be brought to the attention of the department by any source. A Level One investigation involves an allegation that if substantiated could result in disciplinary action beyond that usually expected in a performance issue. A Level One investigation is not appropriate for allegations that require the review of the Citizen Review Board pursuant to Section 2-139 (2)(a) and (b) of the City Code. However, the Chief can forward any investigation to CRB at his or her discretion. Some examples of investigations that should be considered Level One include, but are not limited to, allegations that: • The police tactics used were inappropriate or unwarranted, but do not rise to the level of a use of force allegation that would be classified as a Level Two investigation. • An employee’s behavior presented a significant safety risk to another person or a significant threat of property damage. • An employee’s driving presented a significant safety risk to another person or a significant threat of property damage, whether or not it resulted in a motor vehicle accident. • An employee was involved in dishonest, untruthful or fraudulent conduct. • An employee engaged in conduct that tends to seriously impair the operation or morale of the agency, may cause the public to lose confidence in the police department, violates the public trust, or affects the reputation of the agency or any member. • An employee’s treatment of others was biased, unequal, or discriminatory in nature, but not rising to the level of a civil rights violation that would be classified as a Level Two investigation. • An employee participated in sexual harassment of another employee or citizen. • Subsequent Level One investigations involving similar conduct by the same employee within a twelve-month period, may result in the elevation of the investigation to Level Two. Level Two Investigation 1. General: A Level Two investigation is one in which review by the Citizen Review Board is required or anticipated. It includes allegations that: • A police officer or community service officer used force or discharged a firearm in violation of an agency directive or applicable law; • A police officer or community service officer committed a crime; • As a result of a police officer’s or community service officer’s act or failure to act, a person sustained severe injury or death or suffered a civil rights violation; • A police officer or community service officer used deadly force, whether or not the use of such force results in death; • Any other matter the Chief or the City Manager determines should be a Level Two investigation or forwarded to the Citizen Review Board for review.