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HomeMy WebLinkAbout10-08-1997 Minutes POLICE CITIZEN REVIEW BOARD OCTOBER 2, 1997 - 6:00 P.M. LOBBY CONFERENCE ROOM MINUTES CALL TO ORDER Temporary Chair P. Hoffey called the meeting to order at 6:00 P.M. ATTENDANCE All Board members were present: J. Watson, M. Raymond, P. Farrant, L. Cohen and P. Hoffey. Staffpresent: D. Russell, M. Kart and S. Bauer. LEGAL COUNSEL Motion by M. Raymond to appoint and approve Douglas Russell as legal counsel to the PCP, B; seconded by P. Farrant. Motion carried unanimously, 5/0, all members present. Mr. Russell was welcomed. MINUTES Motion by J. Watson and seconded by L. Cohen that the minutes of September 19 be approved; motion carded unanimously, 5/0, all members present. RECOMMENDATION TO COUNCIL: The PCRB recommends that Council grant it a 45-day extension of time to respond to Complaint No. 97-01. CORRESPONI)ENCE: Motion by J. Watson and seconded by P. Farrant that correspondence from Sandra Gilpin and Philip Reisetter be accepted. After discussion, it was agreed that henceforth minutes and correspondence shall be presented in the agenda as "Consent Calendar." Motion carried unanimously, 5/0, all members present. OPEN MEETINGS OPEN RECORDS Attorney Doug Russell gave an overview of the open meet'rags and open records laws. Staffwas directed to provide a copy of Chapter 21 and 22 of the Code to each board member. It was suggested by counsel that the Board should decide if it wants to keep taped minutes beyond one year. It was also suggested the Board should formulate and publish some rules of conduct for spectators and the media attending meetings. PCRB Minutes - 10/2/97 Page 2 With respect to open records, counsel advised that the Board needs to name and publicly announce the identity of the lawful custodian of the records and make it a part of the Board's Rules · and Procedures. Counsel will do further research on whether the Police Chief's Report could be considered an investigative report. CONFLICT OF INTEREST Conflict of interest is defined by the Supreme Court as a potential private advantage, financial or otherwise. Ifa conflict exists, one And as amended on 10/8/97 needs to state what it is in the meeting, leave the meeting before the discussion begins, and return only after the vote is taken. Counsel will clarify the issue as to whether the State conflict ofimerest law applies to city officials on volunteer boards. BYLAWS The Board voiced a desire to firm up bylaws and roles of procedure as quickly as possible so as to move forward on Complaints and Police Department policies, rules and procedures. A discussion of the drnfl bylaws followed. Direction was given to amend the draR bylaws to reflect: Article m, Section 7: Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. Article IV, Section 1: Delete" Secreta~." Article IV, Section 6: Delete entire section. Article V, Section 1: Regular Meetings. At least one monthly meeting shall be held with special meetings as needed. Article V, Section 2: Delete entire section. Article V, Section 4: All meetings shall be held in a City accessible facility. Article V, Section 9: At the direction of the Board, counsel will provide language effecting a need for a regular procedure for reporting exparte contacts. PCRB Minutes - 10/2/97 Page 3 Article V, Section 11: Voting. A majority is required to pass any motion or election, except for closed sessions as provided for in Chapter 21 of the Iowa Code. Article VI. General and Limited Powers and Duties: Delete entire article, keeping only a reference to the powers and duties set forth in Section 8 of Ordinance 97-3792. Article VII, Section l(b): The minutes and tape recordings of any session closed under the provisions of Iowa Code shall be closed records. The Board requested stalTto make above changes and submit the new draft bylaws and put it on for a vote at the next meafmg COMPLAINT In discussing the funeline for the first Complaint, it was determined the Board needs to make a formal request to City Council for a 45- day extension of time. Reasons for such request would include: · the Board has only just retained legal counsel; · the Board has not yet adopted bylaws · the Board has not yet adopted procedural rules · the Board only just received a copy of Complaint 97-1 and the Chief's Report. Staffwas directed to provide Board members with a copy of Police policies and procedures specific to this case. Members also requested a Police Department representative be available in the Police Department should there be any questions from the Board at their next meeting When processing the Complaint, counsel suggests us'rog the procedural rules in the statute that are standard, fair and predictable; follow the bylaws agreed upon; and, write up supplementary procedural rules and make them part of the meeting record so the process is fair. Counsel was directed to follow up with City Attorney on questions concerning the Ordinance. Discussion followed regarding level of investigation for review. Motion by J.Watson and seconded by P. Hoffey that the Board review Complaint 97-1 at level "e" for additional investigation. Discussion continued. Motion carded unanimously, 5/0, all members present. PCRB Minutes - 10/2/97 Page 4 MEETING DATES Next meeting dates are scheduled for Wednesday, October 8, 1997 from 6:30 to 8:30 a.m. and Friday, October 10,1997 from 4:00 to 6:00 p.m ADJOURNMENT Motion for adjournmem by M. Raymond, seconded by L. Cohen. Motion unanimously carried, 5/0, all members present. Meeting adjourned 8:50 p.m.