HomeMy WebLinkAboutMINUTES-11/12/1991-AdjournedI
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ADJOURNED MEETING
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
November 12, 1991
5:30 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on
Tuesday, November 12, 1991, at 5:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
Staff Members Present: Burkett, Krajicek, Roy
Resolution 91-146 Authorizing the Human
Relations Commission to Review the Old
Town Square Internal Investigation Documents, Failed
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
' The City Charter provides that Council may establish advisory boards and
commissions and prescribe their duties by ordinance (Article IV, Section I).
The Human Relations Commission (HRC) exists and has a Police Subcommittee. The
Police Chief is requesting that the Human Relations Commission review the July
4, 1991, Old Town disturbance investigation for sufficiency and accuracy. This
review function is consistent with the provisions of Police Services Policy #4.
The Human Relations Commission can perform such additional functions "as are
committed to it by other ordinances or resolutions of the City". Staff is
requesting that Council approve the resolution authorizing the use of the HRC
for this purpose.
The Chief of Police is interested in the HRC's objective review of the
sufficiency of the internal investigation as well as any recommendations about
the handling of similar incidents in the future. Police Services is willing to
provide budgeted funds to the Human Relations Commission in order to utilize a
use of force expert for advice or information if the HRC deems it appropriate.
The case file submitted to the HRC will not include the names of individual
police officers (in order to assure confidentiality)."
Chief of Police Fred Rainquet gave a presentation on this item and spoke of
options for reviewing the incident.
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November 12, 1991 '
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-146.
City Manager Burkett confirmed the language contained in the Resolution was based
on advice he had received from the City Attorney's office.
City Attorney Roy stated there is not a provision in the Code allowing the Human
Relations Commission to perform as an intermediate in police internal
investigations. He explained the available options would be to amend the Code
to include it as a normal function of the Commission or, expand the Human
Relations Commission's jurisdiction and present individual incidents to Council
by resolution.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to amend
Resolution 91-146 in the fifth WHEREAS paragraph, deleting all wording after
the phrase "sufficiency of the investigation", also in the NOW THEREFORE clause
in the second paragraph everything after the (2).
Councilmember Edwards explained the purpose of the amendment was to separate
the individual incident from the policy.
The vote on Councilmember Edwards' motion as amended was as follows: Yeas: I
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Fromme expressed concerns regarding Council involvement.
David Lipp, 626 Remington Street, commented on the Human Relation Commission's
past involvement regarding police complaints and stated he would like to see
Council involved in the decision making process.
Duncan Philp, P.O. Box 811, questioned the process.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to amend
Resolution 91-146 under the NOW THEREFORE clause #4 changing "ninety (90) days"
replacing it with "forty-five (45) days".
Councilmember Maxey spoke to his amendment noting it was his assumption that
the plan would be established at the beginning of the new year so the time frame
needed to be moved up.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Edwards and Maxey. Nays: Councilmembers Azari, Fromme, Horak, Kirkpatrick and
Winokur.
THE MOTION FAILED. '
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November 12, 1991
The vote on Councilmember Winokur's motion to adopt Resolution 91-147 as amended
was as follows: Yeas: Councilmember Edwards and Maxey. Nays: Councilmembers
Azari, Fromme, Horak, Kirkpatrick and Winokur.
THE MOTION FAILED.
Other Business
Councilmember Horak spoke of the cost of air quality monitors and asked if staff
had researched all alternatives. He questioned the labeling of non-public memo's
and inquired why One West did not publicly request funding assistance from
Council.
Executive Session Authorized
Councilmember Azari made a motion, seconded by Councilmember Winokur, to adjourn
into Executive Session to conduct the annual performance reviews of the City
Manager, City Attorney and Municipal Judge.
Councilmember Fromme opposed the motion stating the public should be allowed to
make comments and be a part of the decision making process regarding the salary
issues.
Councilmember Horak concurred with Councilmember Fromme and did not feel the
issues being discussed were sensitive in nature.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: Councilmembers Fromme
and Horak.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:25 p.m.
ATTEST:
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