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HomeMy WebLinkAbout1992-062-04/07/1992-ADOPTING A POLICY AND GIVING DIRECTION REGARDING IMPLEMENTATION OF CHANGES TO THE POLICE COMPLAINT P RESOLUTION 92-62 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A POLICY AND GIVING DIRECTION REGARDING IMPLEMENTATION OF CHANGES TO THE POLICE COMPLAINT PROCESS WHEREAS, 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 adopted Resolution 91-162 approving a workplan 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 have worked with city staff to assess community perceptions and to evaluate a number of policy options concerning the handling of police complaints; and WHEREAS, the Committee has formulated recommendations to Council based on the following fundamental commitments: 1) the citizen complaint process should be improved to address community concerns and perceptions concerning openness and trust; 2) any changes to the system must be fiscally responsible; and 3) the legal rights of employees must be protected; and WHEREAS, any process for the handling of police complaints should include an elemental degree of citizen empowerment within the process, and the complaint system must meet certain requirements for legality, fairness, and equity and at the same time enhance the environment in which the Office of Police Services carries out its duties; and WHEREAS, the Committee has submitted a final report and recommendations to the Council concerning the handling of police complaints, and the Council wishes to set out a policy and establish priorities for changes and improvements to the police complaint process. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the Human Relations Commission ("The Commission") is directed to develop guidelines and criteria for a training plan, a recruitment and selection process, a process for removal , and defined roles for a citizen liaison program designed to encourage citizens to utilize the complaint process, to provide opportunities and assistance to complainants in proceeding through the process, to work directly within the process with someone in addition to a sworn officer, and to maximize the number of non-intimidating entry points into the system. Section 2. That legislation be prepared to implement changes in the role of The Commission as follows: a) That the ability of The Commission to meet directly with a complainant during any Commission review be affirmed. b) That a designated subcommittee of The Commission, approved by the City Manager, shall be authorized to review certain internal investigations conducted by the Office of Police Services. The internal investigations to be reviewed by the subcommittee should be those which are initiated by formal citizen complaints which involve issues such as the use of force, alleged criminal acts, severe injuries or death resulting from an act or failure to act, discharge of firearms and breach of a citizen's civil rights. The subcommittee shall be authorized to review such investigations for accuracy and sufficiency and to discuss its observations regarding the investigations with the Police Chief before any decision is made regarding the merits of the citizen complaint. c) That The Commission, excluding those members appointed to serve on the aforementioned subcommittee, shall serve as an appeal board for citizens who are dissatisfied with the Police Chief's decision. The Commission shall have the authority to forward recommendations to the City Manager concerning the accuracy and sufficiency of the investigation. d) That The Commission shall have the authority to appoint liaisons to the citizen liaison program. Section 3. That, within legal limitations, information concerning police complaints, the complaint process, and the citizen liaison program shall be made available to the public on a continuing basis and at the maximum permissible level , including a quarterly statistical report and improved informational material . Section 4. That the Office of Police Services be commended for and strongly encouraged to continue improving communications and follow-up in the handling of complaints as part of an ongoing departmental review of internal processes. Section 5. That appropriate legislation to implement the outlined changes to the police complaint process shall be presented for Council 's consideration on or before July 7, 1992. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 7th day of April , A.D. 1992. Mayor ATTEST: City Clerk