HomeMy WebLinkAbout017 - 03/07/2000 - AMENDING CITY CODE CONCERNING THE CITIZEN REVIEW BOARD SUBCOMMITTEES 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 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 the 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.
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 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 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.�00.
'Mayor
ATTEST:
City Clerk M(e-l-�P� j