HomeMy WebLinkAbout1997-030-03/04/1997-CITIZEN REVIEW BOARD OPPOSING ADOPTION ORDINANCE NO. 1, 1997 POLICE SERVICES RESOLUTION 97-30
OF THE COUNCIL OF THE CITY OF FORT COLLINS
OPPOSING THE ADOPTION OF CITIZEN INITIATED
ORDINANCE NO. 1, 1997, AND DIRECTING THE CITY MANAGER
TO REVIEW THE CITY'S CURRENT PROCESS FOR
REVIEWING CITIZEN COMPLAINTS PERTAINING TO
ACTIVITIES OF FORT COLLINS POLICE SERVICES
WHEREAS, under Article X, Section 1 of the Charter of the City of Fort Collins, a
petition for a citizen-initiated ordinance ("the Initiated Ordinance") was filed with the office of
the City Clerk; and
WHEREAS, the Initiated Ordinance would establish an elected citizen review board to
review citizen complaints regarding the activities of various police agencies; and
WHEREAS, the petition for the Initiated Ordinance was deemed sufficient in its form by
the City Clerk and was presented to the City Council for appropriate action under the provisions
of the City Charter; and
WHEREAS, on December 17, 1996, the Council considered the Initiated Ordinance and,
rather than adopting the same as an ordinance of the Council, approved its placement on the April
8, 1997 municipal ballot, as required by Article X, Section l(c) of the City Charter; and
WHEREAS, under Section 2-263(3) of the City Code, the City's Human Relations
Commission is currently authorized to facilitate the review of citizen complaints concerning the
actions of City police officers; and
WHEREAS, the City Council believes that any concerns related to the manner in which
such citizen complaints are reviewed can more appropriately be addressed through the review and
possible revision of the process presently established under the City Code for review of such
complaints, rather than by adoption of the Initiated Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS AS FOLLOWS:
Section 1. That the City Council believes that the adoption of the Initiated Ordinance,
and the establishment of an elected citizen review board under the provisions of the Initiated
Ordinance, would not be in the best interests of the citizens of the city for the following reasons:
• There currently exists a mechanism for the review of police performance by the
City's Human Relations Commission ("the HRC") and its police subcommittee.
• Under the current review procedures: (1) certain categories of internal police
investigations are automatically submitted to the HRC for review; (2) appeals may
be taken to the HRC from any decision of the Chief of Police regarding the merits
of a citizen complaint, if requested by the complainant: and (3) a process exists
whereby a member of the HRC can assist citizens in the filing of such complaints.
• The City's current citizen review process is endorsed and supported by the City
Council, the City Manager, and Police Services staff in its present representative
structure.
• To the extent that any revision of the City's policies and practices relating to the
investigation of citizen complaints involving police activity may be warranted, such
review and revision should be conducted under the current processes established
in the City Code.
• The review board to be established under the Initiated Ordinance would consist of
independently elected representatives. An independently elected board would be
inconsistent with the powers of the City Council as established under the City
Charter and would: (1) severely undermine the authority and responsibility of the
Council to oversee the operations of its boards and commissions: (2) tend to
politicize the objective review of Police Services activities: and (3) make it
impossible for the proposed board to be abolished by the City Council if and when
a more appropriate mechanism for reviewing police activities is determined to
exist.
• The Initiated Ordinance purports to amend certain provisions of the City Charter,
in order to authorize a directly elected review board, although the statutory
requirements for amending a home rule charter have not been satisfied.
• The Initiated Ordinance would create fiscal obligations to budget and appropriate
funds for the operations of the review board that would give the operations of the
board priority over other pressing needs of the City, notwithstanding the
responsibilities of the City Council and the City Manager under the City Charter
to budget, appropriate, and administer the funds of the City in such manner as they
determine to be in the best interests of all of the citizens of the City.
• The duties and functions of the review board under the Initiated Ordinance would
extend to reviewing the activities of police agencies over which the City has no
jurisdiction, authority or control.
• Various provisions of the Initiated Ordinance, including those referred to above,
raise serious legal questions regarding the authority for such provisions and the
City's ability to enforce the same, and the City would likely incur substantial
expenditures of time and money in litigating the meaning and validity of such
provisions.
• The review board, if established, would, in effect, become an authority whose
duties and responsibilities would conflict with the responsibilities of the Council,
the Chief of Police Services and the City Manager with regard to the policies,
procedures and practices of Police Services, and the function of the board would
more likely interfere with, rather than promote, the efficient operation of Police
Services.
Section 2. That, for the foregoing reasons, the City Council hereby urges the registered
electors of the city not to support the passage of the Initiated Ordinance.
Section 3. That the City Manager is hereby directed to work with the City Council's
Health and Safety Committee, the Chief of Police Services, and other appropriate members of City
staff and the community, to review the existing provisions of the City Code pertaining to the
handling of citizen complaints involving police activity and to formulate a report and
recommendation to the City Council with regard to any revisions that might be made to said
provisions, and to any related policies and practices of the City, so as to maximize the City's
sensitivity and responsiveness to the needs and interests of all of its citizens. Said report and
recommendation is to be submitted to the Council no later than September 30, 1997.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of March, A.D. 1997.
Mayor
ATTEST:
City Clerk