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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. 'I 1 11M/l ✓� � ?/ Mayer ATTEST:I ,, n n City Cler �—