HomeMy WebLinkAbout083 - 07/21/1992 - AMENDING CITY CODE PERTAINING TO THE HUMAN RELATIONS COMMISSION ORDINANCE NO. 83, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING CERTAIN AMENDMENTS TO CHAPTER 2 OF THE CODE
PERTAINING TO THE HUMAN RELATIONS COMMISSION
WHEREAS, in August of 1991, the City Council of the City of Fort Collins
("the Council ") identified a need to develop and adopt a policy regarding the
handling of complaints about the provision of police services or the conduct of
particular police employees and, in December 1991, adopted Resolution 91-162
approving a work plan of the Council Health and Safety Committee ("the
Committee") and the Human Relations Commission ("the Commission") to develop
recommendations to Council concerning policy options; and
WHEREAS, the Committee and the Commission worked with City staff, assessing
community perceptions and evaluating a number of policy options concerning the
handling of police complaints; and
WHEREAS, recommendations of the Committee and the Commission were presented
to and adopted by Council on April 7, 1992, in Resolution 92-62; and
WHEREAS, Section 2 of Resolution 92-62 directed that legislation be
prepared to implement certain changes in the role of the Commission; and
WHEREAS, Sections 1 and 3 of this Ordinance will implement those changes;
and
WHEREAS, Sections 2 and 4 of this Ordinance are included as a part of an
overall project to bring the language of the various Sections of the Code of the
City of Fort Collins which address individual boards and commissions into
conformance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 2-71(c) (2) of the Code of the City is hereby
amended to read as follows:
Sec. 2-71. Open meetings required; exceptions.
(c) The following shall be exempted from the provisions of this
Section:
(2) The Human Relations Commission, as described in § 2-263(5) ,
and its designated subcommittee, as described in § 2-263(4) (b) ,
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.
Section 2. That Section 2-262 of the Code of the City is hereby amended
to read as follows:
Sec. 2-262. Membership; term.
(a) The commission shall consist of nine (9) members appointed
by the City Council .
(b) Each member shall serve without compensation for a term of
four (4) years, except that members may be appointed by the City
Council for a shorter term in order to achieve overlapping tenure.
Appointments shall specify the term of office of each individual .
All members shall be subject to removal by the City Council . If a
vacancy occurs on the commission, it shall be filled by the City
Council for the remaining unexpired portion of the term. No member
shall serve more than two (2) consecutive four (4) year terms.
Section 3. That Section 2-263 is hereby amended by the addition of new
subparagraphs 3, 4 and 5, with the old subparagraphs 3, 4 and 5 (and all
remaining subparagraphs) renumbered accordingly, which new subparagraphs shall
read as follows:
Sec. 2-263. functions.
The commission shall have the following functions:
(3) To develop a citizen liaison program to assist citizens
who wish to file a complaint concerning the actions of
a police officer or community service officer with the
Office of Police Services and appoint members of the
public to serve as citizen liaisons;
(4) To participate in the review of internal investigations
conducted by the Office of Police Services in accordance
with the following:
a. Certain categories of internal investigations, as
defined in the administrative guidelines
established by the Office of Police Services and
subject to the approval of the City Manager,
shall be submitted for review. Internal
investigations so defined shall include, but need
not be limited to, investigations initiated by
formal citizen complaint involving allegations
that: (i) a police officer or community service
officer used force or discharged a firearm in
violation of administrative policy or applicable
law, (ii) a police officer or community service
officer committed a crime, or (iii) 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
serious civil rights violation;
b. The subcommittee designated to perform the review
function shall consist of members of the commission who
have been approved by the City Manager;
C. Upon receipt of an investigation, the subcommittee, in
its discretion, may elect to conduct the review, assign
the review to one (1) or more of its member(s) or
decline to conduct a review; and
d. A review shall consist of examining the internal
investigation file and may, in the discretion of the
reviewer, include meeting with the complainant. Upon
completion of a review, the subcommittee shall convey
any recommendations concerning the sufficiency and
accuracy of the investigation as conducted by Police
Services and any other observations about the
investigation to 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 complaint.
(5) To hear appeals from any decision of the Chief of Police
regarding the merits of a citizen complaint if requested
to do so by the complainant. Those members of the
commission who were previously involved in the review of
the case being appealed, or who are currently serving on
the subcommittee designated in subparagraph 4(b) , above,
shall not participate in hearing such appeal . The
review on appeal shall consist of examining the internal
investigation file developed by Police Services,
together with any additional information provided by the
complainant. The commission members considering the
appeal may meet with the complainant. Upon completion
of its review, the commission shall forward to the City
Manager its findings and/or recommendations concerning
the accuracy and sufficiency of the internal
investigation.
Section 4. That Section 2-265 of the Code of the City is hereby amended
to read as follows:
Sec. 2-265. Minutes; annual report; work plan.
The commission shall take and file minutes in accordance with
the requirements of § 2-73 of the Code. On or before January 31 of
each year, the commission shall file a report with the City Clerk
setting forth the activities of the commission for the previous
year. On or before November 30 of each year, the commission shall
file a work plan with the City Clerk for the following year.
Introduced, considered favorably on first reading, and ordered published
this 7th day of July, A.D. 1992, and to be presented for final passage on the
21st day of July, A.D. 1992.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of July, A.D. 1992.
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Mayer
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City Cler �—