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HomeMy WebLinkAbout04-13-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - March 30, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey, M. Raymond and J. Watson. Staff present: Interim Legal Counsel Catherine Pugh, and Deputy City Clerk Sue Walsh. Other City Staff: Police Chief Winkelhake. CONSENT CALENDAR Motion by P. Farrant and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Receive PCRB Summary Dismissal Report #99-01 COMPLAINT FORMS Correspondence dated 3/23/99 from E. Dilkes to C. Pugh regarding the information cover sheet for the Police Department complaint form and the PCRB complaint form was discussed, P, Farrant was directed to prepare another draft for the next meeting. COMMUNITY FORUM A draft of the notice for the Broadway Neighborhood Community Forum was discussed and a change made to list the Chief as a speaker on the notice. Chair Cohen directed that a second draft be prepared for review at the next board meeting. S. Waish inquired as to member availability to help with setup and take down at the Broadway Center. The Board agreed to help with set-up rather than pay city staff. The City cable department will be available to set up the PA system. Further discussion and decisions regarding the forum will be determined at the next meeting. STATUS RE NEW LEGAL COUNSEL The 3/25/99 memorandum regarding update on legal counsel search was reviewed. Stating that there are plenty of competent attorneys in Johnson County, P. Hoffey voiced his reservations about interviewing attorneys from Linn County. ANNUAL REPORT PLANNING Deferred POLICE DEPARTMENT INVESTIGATIVE INTERVIEWS The subcommittee had no report. ABSENCE POLICY The Board expressed no concerns regarding the City Council's proposed absence policy for City Boards and Commissions. MEETING SCHEDULE · Regular Meeting April 13, 1999, 7:00 P.M. (J. Watson will be absent) · Special Meeting April 27, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center, April 28, 1999, 7:00 P.M. · Regular Meeting May 11, 1999, 7:00 P.M. · Special Meeting May 25, 1999, 7:00 P.M. Motion by M. Raymond and seconded by P. Farrant to move Item No. 10 on the agenda, to appear after Item No. 14 on the agenda. Motion carried, 5/0, all members present. PUBLIC DISCUSSION None BOARD INFORMATION J, Watson - reported on his attendance at the City Council work session on 3/29/99. To remedy a concern about an inadvertent attempt to identify an officer even though a report doesn't identify an officer, it was the City Attorney's recommendation that the Board develop a standard statement under "Board Procedure" that the number used to identify officers in this report are unique to this complaint and do not correlate with identifying numbers used in other reports. Board members agreed that when more than one officer is involved they would include an appropriate sentence. M. Raymond - reported she will be moving to New Delhi this fall. To allow for 30 days notice, on May 1, 1999 she will let the Council know she is resigning effective June 1, 1999. During this time, she will continue her work on the Board (to include her subcommittee assignments) Staff advised that normal procedure is a letter of resignation to the City Council. STAFF INFORMATION C. Pugh - reported on her conversation with E. Dilkes regarding the identification concern that Watson presented above. Another issue discussed was about the Board's motion to adjourn to executive session on this agenda. Complaint 99-01 does not have any investigative reports yet since it is believed to be an untimely complaint. Therefore it does not fit under 22- 7(5) as a confidential matter, nor does it fit under 22.7(11) because it's not personal information contained in a confidential personnel record. The section that should have been referenced is 22.7(18), communications not required by law. For purposes of discussion under this agenda, Pugh recommended that 99-01 could be discussed in open session, procedurally, but not any of its particulars. This issue also affects the correspondence dated March 18, 1999, since it doesn't have an investigative report attached either. Pugh recommended that the Board make a motion and direct staff to respond to these issues. Chair directed staff to add the language in 22.7(18) to all future executive session motions. FORM LETTERS RI: TIMELINESS COMPLAINTS For the next meeting, staff was directed to prepare new form letters regarding timeliness complaints, to reflect the changes suggested during discussion. 4 Motion by J. Watson and seconded by P. Farrant to move Item 10 on the agenda, to appear after Item No. 15 on the agenda. Motion carried, 5/0, all members present. PCRB COMPLAINT #99-01 It was noted that #99-01 appears to be an untimely complaint. In accordance with that, a letter was sent to the complainant informing them of this and requesting they send the Board any additional information if they wish. Complainant did respond in writing on this issue. Watson noted that there was nothing in that correspondence that changes anything on the timeliness issue. C. Pugh stated that in this case, there's nothing the Board can do other than dismiss this complaint as untimely. Motion by J. Watson and seconded by P. Hoffey to approve PCRB Report of Summary Dismissal to the City Council regarding 99-01. Motion carried, 5/0, all members present. Motion by J. Watson and seconded by P. Hoffey that M. Raymond prepare a letter to be sent to the complainant in 99-01, explaining constraints on the Board's ability to review such complaints are jurisdictional; the board has no power to review something that is not timely filed regardless of the type of factual history; a~so clarifying that a complaint filed with the Police Department does not give the Board additional time. Motion carried, 5/0, all members present. Raymond will prepare a draft letter for Pugh's approval. CORRESPONDENCE DATED 3/18/99 Regarding the correspondence dated 3/18/99, Pugh suggested either deferring consideration of this until the Board amends the motion to adjourn to executive session and address it then, OR to direct staff to send a formal complaint form to the complainant. Motion by J. Watson and seconded by P. Hoffey directing staff to send a complaint form to the complainant who sent the correspondence of 3/18/99, to include reference about the time limit. PRIORITY-SETTING GOALS After this first planning session regarding priority-setting goals, the Board directed staff to prepare a document setting out its initial conclusions, to be included in the packet for the next meeting (attached). ADJOURNMENT Motion for adjournment by M. Raymond and seconded by P. Farrant. Motion carried, 5/0, all members present. Meeting adjourned at 8:55 P.M.