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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/15/2000 - FIRST READING OF ORDINANCE NO. 17, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: February 15, 2000 FORT COLLINS CITY COUNCIL STAFF: Harrison/Tempel SUBJECT: First Reading of Ordinance No. 17, 2000, Amending Portions of the City Code Concerning the Citizen Review Board Subcommittees. RECOMMENDATION: Staff and the Citizen Review Board recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The current provisions of the City Code concerning the Citizen Review Board (CRB)require that the CRB maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters (§2-140(h)). This provision is consistent with the need to maintain the confidentiality of personnel files and internal investigation files, but is not consistent with other provisions of the City Code which allow police and community service officers who may be the subject of the investigation to request that the review sessions of the CRB subcommittees be open to the public. The proposed changes set forth in this ordinance would allow the CRB review subcommittees to maintain the confidentiality of those portions ofthe subcommittee review sessions that do not directly relate to the officer's personnel interest. BACKGROUND: Sections 2-71(d)and 2-140(h)of the City Code currently provide that the review subcommittees of the CRB shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by the Office of Police Services unless the police or community service officer against whom the complaint is filed requests that the matter be considered in open session. While it has not happened yet, it is possible that an officer's request to open the matter to an open session would do more than just publicly expose that officer's personnel interests. It could also subject the complainant to possibly embarrassing public attention and subject the personnel matters of other officers to public scrutiny. This result would be inconsistent with the CRB's obligation to maintain the confidentiality of other officers'personnel matters as set forth at section 2-140(h). To address this possible unintended result,the modifications in the attached ordinance provide that, . if an officer requests an open session,the CRB review subcommittee would not automatically open up the entire process, but rather would make a determination as to how much of the review and consideration process will occur in open session. The modificatjon includes the following criteria for the subcommittee to consider in making its decision: !P, DATE: February 15, 2000 2 ITEM NUMBER: 15 1. the extent to which consideration and discussion will directly concern personnel matters of the officers; 2. the need to maintain the confidentiality of information in circumstances where the public dissemination of the information would do substantial injury to the public interest; and 3. any other constraints upon public dissemination imposed by law. While it is anticipated that the incidence of an officer requesting an open session would be rare,the proposed modification would provide a fair method of protecting the privacy of the complainant and/or other officers in those rare circumstances. ORDINANCE NO. 17, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING PORTIONS OF THE CITY CODE CONCERNING THE CITIZEN REVIEW BOARD SUBCOMMITTEES WHEREAS,the primary charge to the review subcommittees of the Citizen Review Board is to review and convey recommendations concerning the sufficiency and accuracy of the administrative investigations conducted by the Office of Police Services; and WHEREAS,both sections 2-71 and 2-140 of the City Code provide that the subcommittees of the Citizen Review Board shall meet in executive session for the purpose of receiving and, considering evidence relating to internal investigations conducted by the Office of Police Services unless the police officer(s) or community service officer(s) against whom the complaint is filed requests that the matter be considered in open session; and WHEREAS,in receiving and considering evidence relating to the sufficiency and accuracy of an administrative investigation,the review subcommittees may consider and discuss matters that are not directly related to the personnel matters of the involved officers, which matters should be kept confidential; and WHEREAS,amendments to sections 2-71 and 2-140 of the City Code are necessary to allow • the review subcommittees the ability to maintain the confidentiality of the contents of internal investigations in those situations where the evidence relating to the internal investigation to be considered and discussed by the subcommittee is not directly related to the personnel matters of the officers,is injurious to the public interest, or is required by law to be kept confidential even though one or more of the involved officers has requested an open session; and WHEREAS, the Citizen Review Board has recommended that the City Council adopt the City Code modifications set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That subsection(d)(2)of section 2-71 of the City Code is hereby amended to read as follows: (2) The review subcommittees of the Citizen Review Board,as described in§2- 138(d), shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by the Office of Police Services unless the police officer(s) or community service officer(s) against whom the corn laint is filed re uests that the smatter be considered in o en session. �� r o c e pvi en. essto 0o ge shall-: ii i ewe eirtentp x. 1z� wi' threctC, rsonnel�ma a e $isse o orm Section 2. That subsection(h)of section 2-140 of the City Code is hereby amended to read as follows: (h)The board and each of its members shall,to the extent required by law,maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters of the City or of the referring law enforcement entity. However, the board shall allow public inspection of those portions of its recommendations that pertain to the sufficiency and accuracy of the investigation by Police Services or the referring law enforcement entity and any other aspects of the investigation that are general in nature,that do not directly identify a specific employee and that do not recommend or comment upon discipline to be considered for an employee. Pursuant to subsection (d)(2) of §2-71, the review subcommittees shall meet in executive session for the purpose of receiving and considering evidence relating to internal investigations conducted by the Office of Police Services unless the police officer(s) or community service officer(s) against whom the corn laint is filed requests that the matter be considered in o en session. �fsuc xeq '� a e�he sulbommrtte'e e,��;t,�.,; �onsi�eration� � ,� onrofey�d� � " 1� 4and y §io �;conce�� o a� disse o on ,�, dud f n pt1 _ All other meetings or portions of meetings shall be open to the public at all times, except as authorized by subsection(b) of§2-71. • Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2000, and to be presented for final passage on the 7th day of March,A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of March,A.D. 2000. Mayor ATTEST: City Clerk •