HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2004 - FIRST READING OF ORDINANCE NO. 162, 2004 AMENDINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 20
DATE: October 5, 2004
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 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.”
The Citizen Review Board recommends the above in order that its mission be more clearly defined.
The new language will change the board's mandate from recommendations concerning sufficiency
and accuracy of the investigation itself to recommendations and 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. That is, Police officers investigate allegations and develop findings;
citizens review and recommend that the Chief approve or reject the findings.
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
concerning the sufficiency and accuracy of the administrative investigation as
conducted by Police Services, and any other observations about the investigation 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 concerning the sufficiency and accuracy of the
administrative investigation as conducted by Police Services, and any other
observations about the investigation 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 concerning the sufficiency and accuracy
of the administrative investigation as conducted by Police Services, and any other
observations about the investigation 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 concerning the sufficiency and accuracy of the
administrative investigation as conducted by the referring law enforcement entity,
and any other observations about the investigation 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 written description 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 concerning the sufficiency and accuracy
of the administrative investigation as conducted by Police Services, and any other
observations about the investigation 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 those portions of its observations and 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 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.
___________________________________
Mayor
ATTEST:
______________________________
City Clerk
Passed and adopted on final reading this 19th day of October, A.D. 2004.
_____________________________________
Mayor
ATTEST:
______________________________
City Clerk