HomeMy WebLinkAbout155 - 12/17/1996 - AMENDING SECTION 2 OF THE CITY CODE TO ESTABLISH A CITIZENS REVIEW BOARD AND TO PROVIDE FOR ITS POWE rl
CITY OF FORT COLLINS
Ordinance No. 155, 1996
An Ordinance Amending Section 2 of the Fort Collins Code to
Establish a Citizens Review Board and to Provide for its Pow rs,
Duties and Responsibilities.
Section 2 of the Municipal Code is here by amended by adding a ew Division_to read as
follows:
DIVISION—. CITIZENS REVIEW, OARD
§ 2-101. Definitions.
a. 'Board" as used in this Division shall refer,to the Citizens Review Board.
b. "Complaint" is a written charge or ac sation of the use of excessive or unnecessary
force, the use of racial or ethnic sl rs, a false arrest, harassment, discrimination,
criminal conduct, or abusive trea ent, alleged to have been committed by a law
enforcement officer against a p rson who is not a member of a law enforcement
agency, department, service, o association.
C. "Complainant" is a person ho files a Complaint.
d. "Exonerated" means th the conduct alleged in a Complaint did occur but that such
conduct was found to e justified.
f. "Not Sustained" eans that the results of an investigation into the allegations of a
Complaint fail establish either that the alleged conduct occurred or did not occur.
g. "Law Enfor merit Officer" includes all ranks of sworn personnel in a law enforcement
agency es blished under municipal, county, or state authority, or by an educational
instituti n, including, but not limited to, personnel employed by the Fort Collins
Police epartment,the Fort Collins Office of Community Services,the Colorado State
Uni ersity Police, the Larimer County Sheriffs Department, the Loveland Police
D artment, and the Colorado Highway Patrol.
h. "Sustained" means the conduct alleged in a Complaint did occur, and penalties or
discipline may be made against a law enforcement officer.
"Unfounded" means that the conduct alleged in a Complaint is found to have no merit
or basis.
No action taken by Council '
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§ 2-102. Appointment, election, and qualification of members.
The Citizens Review Board shall consist of seven (7) members who shall be residents of the
City of Fort Collins. The Mayor shall appoint the initial Board members with the advice and
consent of the City Council for the terms hereinafter set forth. Thereafter, each Board member
shall be elected in accordance with the provisions of Article VIII of the Charter of the City of
Fort Collins. Article IV, Section 1, Charter of the City of Fort Collins, is hereby amended to
provide that(i) members of the Board shall be elected and not appointed; (ii) members of the
Board may not be removed by the City Council; and (iii)the City Council may not abolish the
Board. No officer or employee of the City of Fort Collins shall be appointed to or may serve
on the Board. In appointing the initial members to the Board, the Mayor shall give
consideration to individuals and members of existing community groups and organizations
which represent the racial, ethnic, and cultural diversity of the City of Fort Collins.
§ 2-103. Compensation.
Members of the Board shall serve without compensation; however, Board members may be
reimbursed for reasonable expenses incurred in performance of their duties pursuant to the
rules and regulations of the City of Fort Collins for such reimbursement.
§ 2-104. Terms of office.
The term of each member of the Board shall be four(4) years. Any vacancy occurring during
the term of any member shall be filled by appointment by the Mayor with the advice and
consent of the City Council. The initial Board appointed by the Mayor shall serve the
following terms: Three (3) members shall be appointed to serve for two (2) years; two (2)
members shall be appointed to serve for three (3) years; and two (2) members shall be
appointed to serve for four(4) years. On the expiration of each initial Board member's term,
that Board member position shall be elected at the next occurring general election of the City
of Fort Collins for a four(4)year term. Thereafter, each Board member shall stand for election
at a general election every four(4) years.
§ 2-105. Disqualification from office.
Excessive absence of any member of the Board shall constitute resignation from the Board.
Board members shall determine by a vote whether a member's absence from Board meetings
is excessive. The member in question shall abstain from voting. In the event of any resignation
of a Board member for any reason, the vacancy shall be filled by appointment by the Mayor
for the unexpired portion of the term.
§ 2-106. Officers.
The Board shall elect from among its members a chairperson and a vice-chairperson who shall
serve in such capacity for two years, or until their successors are duly elected. In case of a
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vacancy in either or these positions, the Board shall elect a successor who shall serve the
unexpired balance of the predecessor's term.
§ 2-107. Meetings.
The Board shall hold its first meeting within fifteen (15) days after all of its members have
been appointed. The Board shall fix the time and place of the regularly scheduled meetings
which shall not be less than once per month. All meetings of said Board shall be open to the
public. Notice of the time and place of the meetings of the Board and its agenda shall be
posted by the City Manager at a public place at least 72 hours prior to each meeting. The chief
law enforcement officers of any Department over which the Board has jurisdiction, or their
authorized representatives, may attend all regularly scheduled meetings of the Board and may
advise the Board on any matter before it, but shall not be entitled to vote on any such matter.
§ 2-108. Rules and records.
The Board shall operate under the same requirements and conditions as other boards of the
City of Fort Collins. In all procedures not provided for under the Charter of the City of Fort
Collins or this ordinance, the Board shall be governed by Robert's Rules of Order, Newly
Revised. Consistent with the foregoing, the Board shall adopt rules for the transaction of its
business which are not inconsistent with the terms of this Ordinance, and which shall, among
other matters, include the manner of calling and giving notices of meetings and/or hearings
and the method for appointing and establishing powers of any subcommittees which may be
formed to review and evaluate police and sheriff policies, practices, procedures, and
community relations. The Board shall keep records of its rules, regulations, orders, findings,
and determinations which shall be open to the public, except as to those matters which are
otherwise declared by law to be confidential.
§ 2-109. Jurisdiction,powers and duties.
a. Jurisdiction. The Board shall have jurisdiction over all Complaints alleging conduct
committed by any law enforcement officer wholly or partially within the city limits of
the City of Fort Collins, and of Complaints alleging conduct committed by a Fort
Collins police officer outside the city limits of the City of Fort Collins but while in the
course and scope of engaging in a law enforcement activity.
b. Powers. With respect to a law enforcement agency over which the Board has or may
acquire jurisdiction under §2-109 a. (which agency shall be hereinafter referred to as
"the Department," whether the Office of Police Services of the City of Fort Collins,the
Fort Collins Police Department, the Larimer County Sheriff's Department, the
Colorado State University Police, the Loveland Police Department, or the Colorado
Highway Patrol) the Board shall have the power to:
1. Review, evaluate, and recommend changes to the policies, practices, rules and
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procedures of any such Department;
2. Make recommendations to the highest ranking official of any such Department
for the implementation and development of programs and strategies to
promote positive police-community relations. With respect to
recommendations submitted to the Fort Collins Chief of Police, copies of any
such recommendations will be submitted simultaneously by the Board to the
City Manager and to the Mayor; and with respect to recommendations
submitted to the Colorado State University Director of Police, copies of any
such recommendations will be submitted simultaneously by the Board to the
Office of the President of Colorado State University;
3. Make recommendations to the highest ranking official of any such Department
regarding specific Complaints. With respect to recommendations submitted
to the Fort Collins Chief of Police, copies of any such recommendations will
be submitted simultaneously by the Board to the City Manager and to the
Mayor. If the Complaint involves the Colorado State University Police, the
Board may make recommendations to the director of the Colorado State
University Police. Copies of such recommendations shall be simultaneously
submitted to the Office of the President of the University;
4. Review investigations of Complaints conducted by any Department in
accordance with § 2-111, below;
5. Determine which Complaints shall be reviewed and conduct investigations of
Complaints of law enforcement officers in accordance with the § 2-111,
below;
6. Hire one or more experienced, qualified investigators to conduct
investigations;
7. Subpoena witnesses to testify and to produce documents, subpoena
documents, and to administer oaths to such witnesses;
8. Make rules and regulations and adopt bylaws;
9. Establish procedures for the filing of Complaints;
10. Perform such other duties as requested by the Mayor or by the Fort Collins
City Council in connection with community-relations with the Fort Collins
Police Department and the Larimer County Sheriffs Department; and
11. Review findings of any Department relating to shooting incidents involving
a law enforcement officer in which death or bodily injury has occurred where
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no Complaint has been filed. Such review shall not commence until all
Department investigations have been completed and the Larimer County
District Attorney has completed an investigation and issued a report on the
incident.
C. Duties. The Board shall:
1. Require that each Board member shall,prior to reviewing any cases as a Board
member, receive a training, the length of which shall be determined by the
Board from time to time, provided by the City of Fort Collins Office of Police
Services that shall include, but not be limited to, the following areas:
(a) Police Department investigative techniques use by the Homicide and
Internal Affairs Units;
(b) Review of investigative reports of police Complaints;
(c) Police Department operations;
(d) Police review structures and issues;
(e) Discipline polices of the Police Department;
(f) Police Training programs;
(g) State law;
(h) Confidentiality;
(i) Race, community relations and law enforcement; and
0) Police employee organization issues and concerns.
In addition, and only if available, Board members shall receive annual training
from the U. S. Department of Justice regarding the criminal justice system,
human rights, and community relations. The Board may request the Larimer
County Sheriff to provide its members with similar training regarding the
operations and procedures of the Sheriffs Department, but the providing of
such training shall be discretionary with the Sheriff;
2. Provide semiannual reports to the Human Relations Commission regarding the
activities of the Board during the previous six months.
3. Utilizing input from the Fort Collins Police Department and the U. S.
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Department of Justice, establish minimal qualifications for investigators. The
Board shall thereafter create a list of the names of qualified investigators from
which list the Board shall hire investigators.
4. Be required to have four (4) affirmative votes to carry out its powers and
duties, except as hereinafter otherwise provided.
5. Maintain a central register for recording actions taken on each Complaint. The
central register and Complaint file shall contain the following information:
(a) Number of Complaints filed;
(b) Date of filing Complaint or receipt of a Complaint from a Department;
(c) Brief description of the subject matter of the Complaint;
(d) Date of receipt of a Department's report of investigation of a
Complaint, and the finding made by the Department
(e) Results of the Board's determination to review the Complaint;
(f) Date of the initiation of the investigation, if any;
(g) Final disposition of the Complaint;
(h) Recommendation made to a Department; and
(i) Compliance or noncompliance with the recommendation by the
Department.
6. The City Attorney shall provide legal representation to the Board.
§ 2-110. Human Relations Commission.
Section 2-263 (3) of the Fort Collins Code (relating to the review by the Human Relations
Commission of Citizens' Complaints of actions of city police officers and community service
officers) is hereby repealed.
§ 2-11 1. Process for Filing Complaints, Reviewing Investigations, and Investigating Complaints.
a. Any person may file a Complaint with either the Board or with the Department
employing the law enforcement officer whose alleged conduct is the subject of the
Complaint. If the Complaint is filed with a Department, the Department shall provide
the Board with a copy of the Complaint within three(3)working days. All complaints
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must be reduced to writing and signed by the Complainant.
1. If the Complainant is unable write,the Department shall cause the Complaint
to be reduced to writing, shall cause the Complaint to be read to the
Complainant, and shall thereafter afford the Complainant the opportunity to
sign the Complaint or to make his or her mark thereon.
2. If the Complainant cannot read or write the English language but can read or
write another language, the Department shall cause the Complaint to be
translated into a language understood by the Complainant, and shall then
proceed in accordance with the provisions of § 2-11 La.1, above.
b. Within three(3) working days following the filing of a Complaint with the Board, the
Board shall refer the Complaint to the appropriate Department.
C. Within twenty-one (21) days of the filing with or receipt of a Complaint by a
Department, the Department shall conduct and complete an investigation of the
allegations of the Complaint and shall make a written report of the investigation that
shall contain a finding of whether the alleged conduct is unfounded, exonerated,
sustained, or not sustained. The Department shall file a copy of the written report with
the Board and shall serve a copy of the report on the Complainant by certified mail
within the 21-day period. The Board may, for good cause shown by a Department,
extend the 21-day period for an additional 21 days.
d. Within five(5)days from service of the written report by the Department on the Board,
the Board shall serve upon the Complainant, by certified mail, a "Notice of Right to
Review by Citizens Review Board and Request for Review." The Notice shall advise
the Complainant that if he or she objects to the finding made by the Department, he
or she may submit a statement in writing to the Board requesting that the Board review
the Complaint and the finding contained in the Department's written report. Such
request shall be made by completing and signing the Request for Review and filing it
with the Board within thirty (30) days of the Complainant's receipt of the Notice of
right to Review. No Request for Review shall be entertained by the Board if it is not
filed within the aforesaid ten(30)day period unless the Complainant establishes to the
Board's satisfaction that the failure to timely file the request for review was due to
mistake, excusable neglect, or other just cause.
e. The Request for Review filed with the Board shall include a statement of why the
Complainant believes the finding of the Department should be reviewed. The Request
for Review must contain a statement of all facts the Complainant contends were not
considered by the Department in arriving at the findings contained in the report of
investigation. A copy of each Request for Review filed with the Board shall be
immediately forwarded to the appropriate Department.
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f. A decision by the Board to review a Complaint shall be within the sound discretion
of the Board. In the event the Board declines to review a Complaint, the chairperson
shall make one of the following notations in the review file:
1. "Review declined. Board agrees with findings. No comment"; or
2. "Review declined. Board agrees with findings, and makes the following
comments . . . " A comment may take the form of a recommendation,
acknowledgment, or criticism, as the Board may deem appropriate.
g. The Board may review Complaints in which a Department's investigation and written
report have made a finding of unfounded, exonerated, or not sustained for the
purposes of determining (i) whether such finding is supported by a preponderance of
the evidence considered in the investigation; (ii) whether the officer's conduct, if any,
in question was consistent with then existing Department guidelines, rules, and
regulations, or with applicable Colorado state law; and (iii) whether existing
Department guidelines, rules, and regulations should be eliminated, revised, modified,
or amended.
h. The Board may review Complaints in which a Department's investigation and written
report have made a finding of sustained only with regard to the matters set forth in §2-
111. i. (iii), above. In any event,the nature and extent of any disciplinary action taken
by a Department against one of its officers arising out of that department's finding that
a Complaint against such officer is sustained shall not be reviewable by the Board.
i. In those Complaints reviewed by the Board in which a Department's investigative
finding was that the conduct alleged in the Complaint was unfounded, exonerated, or
not sustained, the Board may refer the Complaint back to the Department along with
any or all of the recommendations set forth in subparagraph § 2-111. g., (i)-(iii). The
referral back to the Department shall be made within 30 days from the date the review
was presented to the Board pursuant to § 2-111. f., unless the Board, by an affirmative
vote of five(5) of its members, commences its own investigation of the Complaint. In
such case, the Board shall hire an independent investigator to investigate the
Complaint. Investigations shall be conducted in a fair, objective, and ethical manner
and shall be completed and a written report submitted to the Board within thirty (30)
days from the date the Board authorized the investigation; except, that if the
investigator establishes the need for additional time within which to complete the
investigation due to lack of cooperation on the part of a Department, or other
circumstances beyond the control of the investigator, the Board may extend the time
for an additional thirty days.
j. Upon review by the Board of the report of the investigator,the Board may(i) make its
own finding that the Complaint is unfounded, exonerated, sustained, or not sustained;
(ii) make any one or more of the recommendations set forth in subparagraph § 2-111.
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g. (i)-(iii); or (iii) with an affirmative vote of five (5) of its members, direct the
investigator to investigate the Complaint further. In the event the Board elects to
pursue the options set forth in (i) or (ii), above, it shall forward its findings and
recommendations to the chief law enforcement officer of any Department over which
the Board has jurisdiction within 30 days of its receipt of the investigator's report.
k. All findings and recommendations of the Board shall be supported by a preponderance
of the evidence.
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1. Within thirty (30) days following a Department's receipt of findings and
recommendations by the Board, the Department shall submit a written report to the
Board setting forth what action, if any, the Department has taken on findings and
recommendations submitted to it by the Board.
in. When the Board refers a Complaint back to a Department in which the Department's
investigative finding sustained the allegations of the Complaint, but the Board
nonetheless made a recommendation to the Department, the Department shall,
within 30 days of the referral to it by the Board, submit a written report to the Board
stating what action, if any, the Department has taken on the Board's findings and
recommendations.
n. In addition to the foregoing classifications of findings, the Board may make a finding
of misconduct noted in those situations in which a law enforcement officer has
committed a misconduct not alleged in the Complaint reviewed by the Board.
o. In the event a Department fails to comply with a recommendation of the Board, or in
the event any Department fails to perform in a timely manner any action required to
be performed under this ordinance, the Board may in its discretion issue a public
reprimand of the highest ranking official of such Department.
§ 2-112. Powers and Duties Reserved to Police Chief and Sherff.
The establishment of this Citizens Review Board shall not affect the rights of any law
enforcement officers under any civil service authority not to the right of the Larimer County
Sheriff to discipline deputies under his supervision and control.
§ 2-1 13. Funding for Citizens Review Board.
The City Manager shall provide funding for the Board and a staff in the annual budget estimate
pursuant to Article 5, § 2, of the Charter of the City of Fort Collins. Any unbudgeted expenses
of the Board shall be appropriated by the City Council pursuant to the authorities granted it
under Article 5, § 7, of the Charter of the City of Fort Collins.
§ 2-114 Effective date and severability.
a. Effective Date - The Board shall only accept, investigate, and review Complaints
regarding incidents that occur on or after the effective date of this ordinance.
b. Severability- If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portion of this ordinance.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 1996, and to be presented for final passage on the 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
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