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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 ' 4w- § 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 2 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 3 � y 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 4 r� 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. 5 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 6 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. 7 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. 8 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. 9 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. 10 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 11