HomeMy WebLinkAbout076 - 08/04/1998 - CREATING A NEW DIVISION 8 IN CHAPTER 2 OF THE CITY CODE ENTITLED CITIZEN REVIEW BOARD •
ORDINANCE NO. 76, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING A NEW DIVISION 8 IN CHAPTER 2 OF THE CODE OF
THE CITY OF FORT COLLINS ENTITLED
CITIZEN REVIEW BOARD
WHEREAS,the City Council believes it to be in the best interests of the City of Fort Collins
to establish a citizen review board for the purpose of reviewing police internal investigations in those
circumstances where police officers or community service officers have used deadly force, and in
those circumstances where a person has complained about the conduct of such officers; and
WHEREAS,the creation of an independent citizen review board will provide the oversight
and guidance necessary to instill confidence in the citizens of Fort Collins that the law enforcement
functions of the City are being conducted effectively,professionally,and in the best interests of all
of the citizens; and
WHEREAS,the creation of a citizen review board will facilitate continued excellence in the
provision of law enforcement services within the City.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That a new Division 8 in Chapter 2 of the Code of the City of Fort Collins is
hereby created to read as follows:
DIVISION 8. CITIZEN REVIEW BOARD
Sec. 2-136. Creation.
There shall be and is hereby created a Citizen Review Board,hereafter referred
to in this Division as the "board."
Sec. 2-137. Definitions.
The following words,terms and phrases, when used in this Division, shall have
the meanings ascribed to them in this Section:
Deadly force shall mean force,the intended,natural, and probable consequence
of which is to produce death.
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Exonerated shall mean that the incident occurred,but the behavior of the police
officer or community service officer did not violate any applicable administrative
policy or law.
Not involved shall mean that the police officer or community service officer was
not involved in the incident.
Not sustained shall mean that there is insufficient evidence to prove or disprove
the allegation.
Sustained shall mean that the allegation is supported by sufficient evidence
establishing that a police officer or community service officer violated one or more
applicable administrative policies or laws.
Unfounded shall mean that sufficient evidence was present to establish that the
allegation was false or not factual.
Sec. 2-138. Membership; terms; training; subcommittees.
(a) The board shall consist of five (5) members appointed by the City Council.
The names of nominees for all such appointments shall be submitted to the City
Council by a committee consisting of two (2) Council members and the City
Manager. All members shall reside within the City's urban growth area during their
term on the board.
(b) Each member shall serve without compensation for a term of four(4)years,
except that members may be appointed for a shorter or longer 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, with or
without cause. When a vacancy occurs on the board prior to or at the expiration of
a term , the vacancy shall be filled for the remaining unexpired portion of the term
or for a new term,whichever is applicable,by City Council appointment pursuant to
the process described in subparagraph (a) of this section. No member shall serve
more than two (2) consecutive four-year terms.
(c) Those persons appointed to the board shall attend and complete such training
as may be developed by the City Manager,upon consultation with the Chief of Police
and the Health and Safety Committee of the City Council.
(d) Upon notice that an investigatory file is being forwarded to the board for
review pursuant to the provisions of§ 2-140,the chairperson shall randomly select
four members of the board to serve as the review subcommittee. A separate review
subcommittee shall be selected for each separate review. The fourth member
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selected to each review subcommittee shall serve as a substitute and shall participate
in the review process, but shall not participate in any recommendation vote of the
subcommittee unless one of the other three(3)members of the review subcommittee
becomes unable to participate and vote. To the extent possible, a request to
reconsider pursuant to subsection (f) of § 2-140 shall be considered and, if
appropriate,reviewed by the same subcommittee members who conducted the initial
review.
See. 2-139. Functions.
The board shall have the following functions:
(1) At the request of the City Manager or the Chief of Police, to make
recommendations to the City Manager or the Chief of Police concerning the
interpretation of police policies and procedures.
(2) To review the following categories of internal investigations conducted by
the Office of Police Services:
a. investigations involving police officer or community service officer
use of deadly force, whether or not the use of such force actually
results in death;
b. investigations initiated by the written complaint of any person
involved in an incident occurring within one (1) year of said
complaint, when such person alleges 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 civil
rights violation;
C. any other investigations as requested by the City Manager or the
Chief of Police.
(3) To review any decision of the Chief of Police regarding the merits of any
other investigation for which a review has not been conducted by the board
pursuant to subsection(2) of this section, if review is requested in writing
by a person involved in the investigated incident and such person alleges
police officer or community service officer misconduct occurring within one
(1)year of said request.
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(4) To reconsider any review previously conducted by the board if the board
determines that significant new information has become available which
previously was not reasonably available to the board,the complainant,or to
the Office of Police Services.
(5) Upon the request of any other public law enforcement entity operating
within the City, to review the internal investigations of such entity if the
matter being investigated occurred within the City.
(6) To make annual reports to the City Council and City Manager concerning
the activities and recommendations of the board;
(7) To perform such functions as are committed to it by other ordinances or
resolutions of the City.
Sec.2-140. Review procedures.
(a) The board, through its review subcommittees, shall conduct its reviews in
accordance with the procedures contained in subsections(b)through(1), below.
(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, the Office of 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 the Office of 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 the Office of Police Services,which notice shall state
the reason for the delay. 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
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observations about the investigation 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 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, the Office of
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 the Office of Police Services if the complainant
files a written request for review at the Office of 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,the Office of Police Services
shall forward the investigatory file to the board for review. The review by the board
shall consist of examining the intemal investigation file and,in the discretion of the
board, meeting with the complainant, witnesses, and/or police investigators. The
board may also request that the Office of 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 the Office of Police Services,which notice shall state the reason for
the delay. 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 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.
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(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 the Office of
Police Services further investigate the matter. The board shall complete its review
within forty-five(45)days of submission ofthe 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 Office of Police Services, which notice shall state
the reason for the delay. 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 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 recommendations concerning the
sufficiency and accuracy of the administrative investigation as conducted by the
referring law enforcement entity and any other observations about the investigation
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 the Office of Police Services at the prior
review. If the board agrees to reconsider the review, the Office of 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 the Office of 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 the Office of
Police Services,which notice shall state the reason for the delay. Upon completion
of its review,the board shall concurrently convey any recommendations concerning
the sufficiency and accuracy of the administrative investigation as conducted by
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Police Services and any other observations about the investigation 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.
(g) A complainant may file a written complaint at the Office of Police Services,
the City Manager's Office, the Human Rights Office of the City, or at a board
meeting. Upon receipt of a written complaint at a location other than the Office of
Police Services, the board or receiving office shall forward the complaint to the
Office of Police Services as soon as reasonably practical. In the event that a
complainant is unable to complete any written complaint or request form,the board,
a citizen liaison, the City Manager's Office, or the Office of Police Services shall,
upon the complainant's verbal request, assist the complainant in reducing the
complaint or request to writing. However, all complaint or request forms must be
signed by the complainant.
(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 unless the police
officer(s) or community service officcr(s) against whom the complaint is filed
requests that the matter be considered in open session. 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.
(i) In the event that the Chief of Police is directly involved in the use of deadly
force as specified in subsection(2)a. of§ 2-139, or is the subject of a complaint of
misconduct as specified in subsections(2)b.or(3)of§2-139,the City Manager shall
fulfill, or shall designate another person to fulfill, the Police Chief s functions as
specified in this section.
0) In computing any period of time prescribed by this section,the day of the act
or event from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a Saturday, a
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Sunday,or a city designated holiday,in which event the period of time runs until the
end of the next day which is not a Saturday, a Sunday, or a city designated holiday.
(k) In the event that the actions of police officers or community service officers
are being actively reviewed for consideration of criminal prosecution against said
officers by the District Attorney's Office or other governmental entity which has the
ability to bring criminal charges,the Office of Police Services may toll the running
of any time limits for the completion of its administrative investigation until said
prosecuting entity has announced that it has ceased its active review or made a
charging decision, which ever first occurs. If Police Services determines that such
tolling of the time limits should occur,it shall provide written notice to the board and
the complainant of its decision.
(1) In conducting its review of an investigation pursuant to this §2-140, the
review subcommittee may request that the City Council exercise its authority under
Article 2, Section 5(e) of the City Charter to independently investigate the subject
matter of the complaint and to compel by subpoena the attendance and testimony of
witnesses and/or the production of any books or documents that the City Council
believes may be necessary to fully investigate the matter, and/or to retain an
independent investigator to obtain and provide the City Council with such additional
investigative information that the City Council may deem necessary or helpful. Such
request to the City Council shall be in writing,with notice to the complainant and the
Office of Police Services, and shall set forth the reasons why such independent
investigation is necessary. The request for the independent investigation described
in this subsection shall toll the running of any time limits for the completion of the
subcommittee's review from the date of such request until the City Council either
denies the request or completes its own investigation of the matter.
Sec. 2-141. Officers; bylaws.
The board shall elect annually from its membership a chairperson and such other
officers as may be required. Bylaws may be adopted by the board, which bylaws
shall not be inconsistent with the Charter and the Code. A copy of the bylaws shall
be filed with the City Clerk for the use of the City Council immediately after
adoption by the board and they may be subject to the approval of the City Council.
Sec. 2-142. Minutes; annual report; work plan.
The board 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 board shall file a report
with the City Clerk setting forth the activities of the board for the previous year. On
or before November 30 of each year, the board shall file a work plan with the City
Clerk for the following year.
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Section 2. That subsection(d)(2)of Section 2-71 of the Code of the City of Fort Collins
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 complaint is filed requests that the matter be
considered in open session.
Section 3. That subsection(3) of Section 2-263 of the Code of the City of Fort Collins
is hereby amended to read as follows:
(3) To facilitate the review of citizen complaints concerning the actions of city
police officers or community service officers by:
a. Developing a citizen liaison program to assist individual citizens who
wish to file such complaints and to appoint members of the public to
serve as citizen liaisons;
b. Soliciting aid from other social agencies in educating the public; and
C. Communicating with other similar commissions in order to share
experiences and become more sensitive to potential problems.
Section 4. That, pending selection and training of the Citizen Review Board members
as set forth herein, the Human Relations Commission shall continue to review citizen complaints
concerning the actions of city police officers or community service officers pursuant to the
provisions of Section 2-263 of the City Code as it existed immediately prior to the adoption of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
April, A.D. 1998, and to be presented for final passage on 4th day. ugust, A.D
ayor
ATTEST:
City Clerk
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Passed and adopted on final reading this 4th day of st,A.D. 199
Mayor
ATTEST: . (�
a :.La �
City Clerk
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