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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