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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. 1 • 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 2 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. 3 (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 4 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. 5 (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 6 • 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 7 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. 8 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 9 . . . • • Passed and adopted on final reading this 4th day of st,A.D. 199 Mayor ATTEST: . (� a :.La � City Clerk 10