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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/2004 - SECOND READING OF ORDINANCE NO. 162, 2004, AMENDIN ITEM NUMBER: 9 AGENDA ITEM SUMMARY DATE: October 19, 2004 FORT COLLINS CITY COUNCIL STAFF: Jim Broderick SUBJECT Second Reading of Ordinance No. 162,2004,Amending Section 2-140 of the City Code Concerning the Citizen Review Board's Review of Police Internal Investigations. RECOMMENDATION Staff and the Citizen Review Board recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Under Chapter 2, Division 8 of the City Code, the City's Citizen Review Board is authorized to review certain kinds of internal investigations conducted by Police Services. In several subsections of Section 2.140,the Code states that: "upon completion of its review,the board shall concurrently convey any recommendations concerning the sufficiency and accuracy of the administrative investigation as conducted by Police Services and any other observations about the investigation to the City Manger and the Chief of Police. The review shall be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint". The Citizen Review Board recommends that this language be changed to the following: "Upon completion of its review,the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officers(s), to the City Manager and the Chief of Police." Ordinance No. 162, 2004, was unanimously adopted on First Reading on October 5, 2004. ORDINANCE NO. 162, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-140 OF THE CODE OF THE CITY OF FORT COLLINS CONCERNING THE CITIZEN REVIEW BOARD'S REVIEW OF POLICE INTERNAL INVESTIGATIONS WHEREAS, a primary charge to the Citizen Review Board ("CRB") is to review internal investigations conducted by Police Services; and WHEREAS, the current City Code provision provides that the CRB shall convey its recommendations as to the"sufficiency and accuracy"of the administrative investigation to the City Manager and Chief of Police; and WHEREAS,it is in the best interests of the City to permit the CRB to make observations and recommendations regarding any aspect of the administrative investigation, including the findings reached by the investigating and reviewing officers; and WHEREAS, the CRB 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 that Section 2-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-140. Review procedures. (b) Except as provided in subsection(k)of this Section,within forty-five(45) days of learning of an incident involving police officer or community service officer use of deadly force as specified in subsection (2)a of § 2-139, or within forty-five (45)days of its receipt of the written complaint of any person involved in an incident when such person alleges police officer or community service officer misconduct as specified in subsection (2)b of § 2-139, occurring within one (1) year of said complaint,Police Services shall conduct an administrative investigation,and forward the investigatory file to the board for review. This investigatory period may be extended by Police Services for not more than an additional thirty (30) days upon Police Services' written notice to the board and the complainant, which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the board may grant such additional time as it deems necessary upon good cause shown. The review by the board shall consist of examining the internal investigation file and, in the discretion of the board,meeting with the complainant, witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty (30) days upon the board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review,the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services,and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The review shall be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint. The Chief of Police shall not make a decision regarding the merits of the investigation or the complaint until the board has had the opportunity to convey the results of its review pursuant to the above time periods. The Chief of Police shall convey in writing his or her decision regarding the merits of the complaint to the complainant and the board within thirty(30)days of his or her receipt of the board's recommendations. (c) Except as provided in subsection(k)of this Section,within forty-five(45) days of its receipt of a written complaint alleging police officer or community service officer misconduct as specified in subsection(3)of§2-139,occurring within one(1) year of said complaint, made by a person involved in the incident, Police Services shall conduct and complete an administrative investigation,the results of which shall be provided in writing to the complainant in the form of a finding of not involved, unfounded,exonerated,not sustained or sustained.This investigatory period may be extended by Police Services for not more than an additional thirty (30) days upon Police Services' written notice to the complainant,which notice shall state the reason for the delay. In the event that additional time is needed in which to complete the investigation, the board may grant such additional time as it deems necessary upon good cause shown. The complainant may request that the board review the findings of Police Services if the complainant files a written request for review at Police Services or the City Manager's Office within fifteen (15)days of the complainant's receipt of the written findings. Upon receipt of a timely request for review, Police Services shall forward the investigatory file to the board for review. The review by the board shall consist of examining the internal investigation file and, in the discretion of the board, meeting with the complainant, witnesses and/or police investigators.The board may also request that Police Services further investigate the matter.The board shall complete its review within forty-five(45)days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty (30) days upon the board's written notice to the complainant and Police Services, which notice shall state the reason for the delay. Upon completion of its review,the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty (30)days of his or her receipt of the board's recommendation,affirm his or her prior findings, modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the board in the form of a finding of not involved, unfounded, exonerated, not sustained or sustained. (d) Upon the receipt of a request to review an investigation pursuant to subsection(2)c of§2-139,the board's review shall consist of examining the internal investigation file and, in the discretion of the board, meeting with the complainant, witnesses and/or police investigators. The board may also request that Police Services further investigate the matter. The board shall complete its review within forty-five (45) days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty (30) days upon the board's written notice to Police Services, which notice shall state the reason for the delay. Upon completion of its review, the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. (e) Upon the receipt of a request to review an investigation pursuant to subsection (5)of§ 2-139,the board's review shall consist of examining the internal investigation file and, in the discretion of the board, meeting with the complainant, witnesses and/or law enforcement investigators.The board may also request that the referring law enforcement entity further investigate the matter. The board shall complete its review within forty-five(45)days of submission of the investigatory file. This review period may be extended by the board for not more than an additional thirty (30) days upon the board's written notice to the referring law enforcement entity, which notice shall state the reason for the delay. Upon completion of its review, the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by the referring law enforcement entity, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the referring law enforcement entity. (f) A request to reconsider any review previously conducted by the board must contain a detailed writtmdescription of the significant new information which has become available and an explanation as to why such information was not reasonably available to the board, the complainant or Police Services at the prior review.If the board agrees to reconsider the review,Police Services shall forward the investigatory file to the board for review. The review by the board shall consist of considering the new information,examining the internal investigation file and,in the discretion of the board, meeting with the complainant, witnesses and/or police investigators.The board may also request that Police Services further investigate the matter. The board shall complete its reconsideration within forty-five (45) days of submission of the investigatory file.This reconsideration period may be extended by the board for not more than an additional thirty (30) days upon the board's written notice to the complainant and Police Services,which notice shall state the reason for the delay. Upon completion of its review, the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officer(s), to the City Manager and the Chief of Police. The Chief of Police shall, within thirty (30) days of his or her receipt of the board's recommendation, affirm his or her prior findings,modify his or her prior findings or adopt new findings, which shall be provided in writing to the complainant and the board in the form of a finding of not involved,unfounded,exonerated,not sustained or sustained. (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 its observations and recommendations 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 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. If such a request is made, the subcommittee shall determine the extent to which consideration and discussion of evidence will occur in open session. In making this determination,the subcommittee shall consider the extent to which the consideration and discussion will directly concern personnel matters of the officer(s), 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 any other constraints upon public dissemination imposed by law. 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 5th day of October, A.D. 2004, and to be presented for final passage on the 19th day of October, A.D. 2004. lW f. "Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of October, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: October 5, 2004 FORT COLLINS CITY COUNCIL STAFF: Jim Broderick SUBJECT First Reading of Ordinance No. 162, 2004, Amending Section 2-140 of the City Code Concerning the Citizen Review Board's Review of Police Internal Investigations. RECOMMENDATION Staff and the Citizen Review Board recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Under Chapter 2, Division 8 of the City Code, the City's Citizen Review Board is authorized to review certain kinds of internal investi ations conducted by Police Services. In several subsections of Section 2.140, the Code sta that. n c pl io f e ' w,the board shall concurrently convey any recommendatio conce g the u ' cy accuracy of the administrative investigation as conducted by ice S es other ob rvations about the investigation to the City Manger and the Chief o ice. reviews all be completed and any recommendations conveyed before the Chief of Police makes a decision regarding the merits of the administrative investigation or the complaint". The Citizen Review Board recommends that this language be changed to the following: "Upon completion of its review,the board shall concurrently convey any observations or recommendations regarding the administrative investigation conducted by Police Services, and the findings reached by the investigating and reviewing officers(s), to the City Manager and the Chief of Police." The Citizen Review Board rec mens a ab i rd th 't ission be more clearly defined. The new language will Chang a boar man a reco endations concerning sufficiency and accuracy of the investiga el o endation nd observations about both the investigation and the investigative findings. Over the last year Board members have expressed concern about the meaning of a "sufficient and accurate investigation." The meaning of that phrase is called into question when the Board agrees that the investigation was sufficient but disagrees with the conclusion(s) (e.g. findings)reached by Police reviewing authorities. In a few cases over the last year, certain Board subcommittees have resolved this dilemma by declaring the investigation to be sufficient and the findings to be inaccurate. Other Board subcommittees were not as comfortable with such a dissecting of the current ordinance language and presumed their role to be limited to critiquing the investigation and not to the associated findings. October 5, 2004 -2- Item No. 20 In order to clear up the ambiguity the Board has initiated a request to change the ordinance language so its recommendation obligations are straightforward.The proposed amendment makes it clear that the Board has an obligation to review the Police investigation and the findings and convey any observations or recommendations with respect to the investigation and/or findings to the City Manager and the Chief of Police. Police staff have also been concerned about the ambiguity of the "sufficient and accurate" terminology and are fully supportive of the Board approving or rejecting Police findings. Staff also notes that the proposed changes aligns citizen oversight in Fort Collins to one of the four most common national models. Th P�OIi a 'try ti a ations and develop findings; citizens review and recomme that t hief r e reI a findings.