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POL Government Elected Officials Auditor Griffin-Valade Divisions IPR CRC CRC Meeting Information Public Meeting Minutes Citizen Review Committee Monthly Meeting Minutes 2007
June 19, 2007

 Minutes
Citizen Review Committee
­­­­­­­­­­­­­June 19, 2007
 
Approved August 21, 2007
 
CRC Members Present:  Hank Miggins (Chair), Michael Bigham, Josephine Cooper (arrived at 5:45 p.m.), Loren Eriksson, Robert Milesnick, Sherrelle Owens, Lewellyn Robison, Robert Ueland
 
CRC Member Absent:  Irene Ogouma 
 
City Staff Present:  Leslie Stevens (IPR Director), Gary Blackmer (City Auditor), Michael Hess (IPR), Lauri Stewart (IPR), Linly Rees (City Attorney’s Office), Steve Morrow (IPR), Merlin Juilfs (IPR), Derek Reinke (IPR)
 
Portland Police Bureau Members Present:  Captain John Tellis (IAD), Commander Derrick Foxworth (Southeast Precinct), Captain James Maciag (DVD), Sergeant Robert King (Portland Police Association), Sergeant Derek Rodrigues (IAD)
 
Chair Miggins called the meeting to order at 5:30 p.m.
 
I.    Introductions of CRC members and meeting attendees 
 
II.   Approval of Minutes of 5/15/07CRC Meeting:  Mr. Ueland moved to approve the minutes.  Mr. Eriksson seconded the motion.  The motion passed unanimously. 
 
III.  Appeal Hearing: CRC No. 2007-X-0004 (IPR/IAD No. 2006-C-0026).  Appellant alleged that Officers A and B detained and handcuffed him without cause. He alleged that Officer A told him he was from Mexico and had no rights, searched him without consent, and threatened to arrest him if he did not provide his ID.  He alleged that Officer B used excessive force by grabbing him by his neck and told him he could shoot him and nobody would do anything about it. The appellant also alleged that he was falsely charged with jaywalking.
 
The appellant provided testimony on his own behalf.  He thanked Mr. Eric Terrell for assisting him as Appeal Process Advisor.  The involved officers were not present for the hearing.  Commander Foxworth was present to explain the Bureau’s findings.  Following the appellant’s testimony, there were follow-up questions and discussion by CRC; rebuttal statements from the appellant; and public testimony from Dan Handelman (Portland Copwatch).  
 
Chair Miggins called for a motion regarding the first allegation, that Officers A and B twice harassed the appellant for no reason on 12/2/05.  Mr. Eriksson made a motion to affirm the Police Bureau’s finding of Conduct: Exonerated.   Ms. Robison seconded the motion. The motion passed by a vote of 7-1.   
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Robison, Ueland
No:   Owens
 
Chair Miggins called for a motion regarding the second allegation, that Officer A told the appellant that he had no rights, that he was from Mexico and the Constitution did not include him, and asked to see his passport.  Mr. Milesnick made a motion to affirm the Police Bureau’s finding of Disparate Treatment: Unfounded.   Mr. Bigham seconded the motion. The motion failed by a vote of 7-1.
 
Yes:  Milesnick,
No:   Bigham, Cooper, Eriksson, Miggins, Owens, Robison, Ueland 
 
Mr. Bigham made a motion to challenge the Police Bureau’s finding and recommend that the finding be changed to Insufficient Evidence.  Ms. Robison seconded the motion.  The motion passed by a vote of 7-1.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Owens, Robison, Ueland 
No:   Milesnick
 
Chair Miggins called for a motion regarding the third allegation, that Officers A and B detained and handcuffed the appellant without cause.  Ms. Robison made a motion to affirm the Police Bureau’s finding of Conduct: Exonerated.  Mr. Ueland seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
Chair Miggins called for a motion regarding the fourth allegation, that Officer A searched the appellant without consent or a warrant.  Mr. Eriksson made a motion to affirm the Police Bureau’s finding of Conduct: Exonerated.  Mr. Ueland seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
Chair Miggins called for a motion regarding the fifth allegation, that Officer A threatened to arrest the appellant if he did not provide identification.  Mr. Milesnick made a motion to affirm the Police Bureau’s finding of Conduct: Unfounded.  Ms. Cooper seconded the motion. The motion failed by a vote of 4-4.
 
Yes:  Milesnick Cooper, Miggins, Ueland
No:   Bigham, Eriksson, Owens, Robison
 
Mr. Eriksson made a motion to challenge the Police Bureau’s finding and recommend that the finding be changed to Insufficient Evidence.  Ms. Owens seconded the motion.   The motion passed by a vote of 5-3.
 
Yes:  Bigham, Eriksson, Miggins, Owens, Robison
No:   Cooper, Milesnick, Ueland 
 
Chair Miggins called for a motion regarding the sixth allegation, that Officer B used excessive force by grabbing the appellant by the neck.  Mr. Ueland made a motion to affirm the Police Bureau’s finding of Force: Exonerated.  Ms. Robison seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
Chair Miggins called for a motion regarding the seventh allegation, that Officer B told the appellant he could shoot him and nobody would do anything and that Officer B asked the appellant if he had heard about recent shootings by the Police Bureau.   Mr. Bigham made a motion to challenge the Police Bureau’s finding of Conduct Unfounded and recommend that the finding be changed to Insufficient Evidence.  Ms. Owens seconded the motion.  The motion passed by a vote of 6-2.
 
Yes:  Bigham, Eriksson, Miggins, Owens, Robison, Ueland 
No:   Cooper, Milesnick
 
Following the previous vote, Chair Miggins transferred chairmanship to Vice-chair Bigham and requested permission to change his vote to nay.  Acting Chair Bigham approved, thus changing the vote total to 5 yea votes and 3 nay votes, as follows: 
   
Yes:  Bigham, Eriksson, Owens, Robison, Ueland 
No:   Cooper, Milesnick, Miggins
 
Chair Miggins resumed chairmanship and called for a motion regarding the eighth allegation, that Officer A falsely charged the appellant with jaywalking. Ms. Owens made a motion to affirm the Police Bureau’s finding of Conduct:  Exonerated.  Mr. Bigham seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
Chair Miggins called for a motion regarding the ninth allegation, that Officers A and B are lying about seeing the appellant jaywalk.  Mr. Ueland made a motion to affirm the Police Bureau’s finding of Conduct: Exonerated.  Ms. Robison seconded the motion. The motion passed 7-1. 
           
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Robison, Ueland
No:   Owens
 
Chair Miggins called for a motion regarding the tenth allegation, that Officer A told the appellant he was going to take the handcuffs off but told him he had to bend over so he could take them off.  The appellant said he bent over a little, and Officer A said, “No, if you want to get free, you’re going to show me some ass.”   Ms. Cooper made a motion to affirm the Police Bureau’s finding of Courtesy: Exonerated.  Mr. Ueland seconded the motion. The motion failed by a vote of 4-4.  
 
Yes:  Bigham, Cooper, Milesnick, Ueland 
No:   Eriksson, Miggins, Owens, Robison
 
Mr. Eriksson made a motion split the allegation into two separate allegations; to affirm the Police Bureau’s finding of Courtesy: Exonerated for the first part of the allegation (that Officer A told the appellant to bend over so he could take the handcuffs off);  and to challenge the second part of the allegation (that Officer A said, “No, if you want to get free, you’re going to show me some ass”) and recommend that the finding for this part of the allegation be changed from Courtesy: Exonerated to Insufficient Evidence.  Ms. Owens seconded the motion.  The motion passed by a vote of 6-2.
 
Yes:  Bigham, Eriksson, Miggins, Owens, Robison, Ueland 
No:   Cooper, Milesnick
 
Chair Miggins called for a motion regarding the eleventh allegation, that Officer A pushed the appellant over by pushing his head down with unnecessary force.  Ms. Robison made a motion to affirm the Police Bureau’s finding of Control Techniques: Exonerated.  Mr. Bigham seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
Chair Miggins called for a motion regarding the twelfth allegation, that Officers A and B were laughing as the handcuffs were taken off and as they drove away.   Ms. Cooper made a motion to affirm the Police Bureau’s finding of Courtesy: Unfounded.  Mr. Milesnick seconded the motion. The motion passed by a vote of 6-2.  
 
Yes:  Bigham, Cooper, Miggins, Milesnick, Robison, Ueland
No:   Eriksson, Owens
 
Chair Miggins opened the floor to public comment about the previous case.  Mr. Handelman (Portland Copwatch), Victoria Leary (League of Women Voters), and Debbie Aiona (League of Women Voters) provided public comment.
 
IV.  Appeal Hearing: CRC No. 2007-X-0005 (IPR/IAD No. 2006-C-0049).  Appellant alleged that when he asked Officers A and B if they were bothering him because he was Hispanic, one of the officers replied, “and dumb.”  The appellant said that he was fearful and called 911 to report the officers harassing him and asked that a supervisor be dispatched to the scene.  The appellant alleged he was harassed and falsely arrested for Misuse of 911. 
 
The appellant provided testimony on his own behalf.  The involved officers were not present for the hearing. Captain Maciag was present to explain the Bureau’s findings.  Following the appellant’s testimony, there were follow-up questions and discussion by CRC, rebuttal statements from the appellant, and public testimony from Dan Handelman (Portland Copwatch). 
 
Chair Miggins called for a motion regarding the first allegation, that Officers A and B unnecessarily detained the appellant.   Mr. Bigham made a motion to affirm the Police Bureau’s finding of Conduct: Unfounded.   Ms. Cooper seconded the motion. The motion passed by a vote of 7-1.  
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Robison, Ueland
No:   Owens
 
Chair Miggins called for a motion regarding the second allegation, that Officers A and B harassed the appellant.  Mr. Milesnick made a motion to affirm the Police Bureau’s finding of Conduct: Unfounded.  Mr. Ueland seconded the motion. The motion passed by a vote of 7-1.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Robison, Ueland
No:   Owens
 
Chair Miggins called for a motion regarding the third allegation, that one of the officers responded, “And dumb” when the appellant asked the officers if they were treating him that way because he was Hispanic.  Mr. Bigham made a motion to challenge the Police Bureau’s finding of Disparate Treatment: Unfounded and to recommend changing the finding to Insufficient Evidence.  Mr. Eriksson seconded the motion. The motion passed by a vote of 6-2.   
 
Yes:  Bigham, Eriksson, Miggins, Owens, Robison, Ueland
No:   Cooper, Milesnick
 
Chair Miggins called for a motion regarding the fourth allegation, that Officers A and B put the appellant in fear of his life when one of them said, “Hey, I can arrest you, I can shoot you, I can do anything.”  Mr. Eriksson made a motion to challenge the Police Bureau’s finding of Conduct: Unfounded and to recommend changing the finding to Insufficient Evidence.  Ms. Robison seconded the motion. The motion passed by a vote of 5-3.    
 
Yes:  Bigham, Eriksson, Miggins, Owens, Robison
No:   Cooper, Milesnick, Ueland
 
Chair Miggins called for a motion regarding the fifth allegation, that Officer B falsely arrested the appellant for Misuse of 911.  Mr. Ueland made a motion to affirm the Police Bureau’s finding of Conduct: Unfounded.  Ms. Cooper seconded the motion. The motion passed by a vote of 7-1.
 
Yes:  Bigham, Eriksson, Cooper, Miggins, Milesnick, Robison, Ueland 
No:   Owens
 
Chair Miggins called for a motion regarding the sixth allegation, that Officers A and B failed to read the appellant his rights.  Mr. Ueland made a motion to affirm the Police Bureau’s finding of Procedure: Exonerated.  Ms. Owens seconded the motion. The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison,
         Ueland
 
Chair Miggins called for a motion regarding the seventh allegation, that Officer B told the appellant that Community Court was a “joke,” as was the judge.  Ms. Owens made a motion to affirm the Police Bureau’s finding of Courtesy: Insufficient Evidence.  Mr. Eriksson seconded the motion.  The motion passed unanimously.
 
Yes:  Bigham, Cooper, Eriksson, Miggins, Milesnick, Owens, Robison, Ueland
 
V.   Public Comments Regarding the Appeal Hearings
 
Dan Handelman (Portland Copwatch) stated that the appellant’s situation was a typical example of what often happens with the police when a person “fails the attitude test.”  He also stated that most persons do not know the non-emergency dispatch phone number, so the officers might have used their discretion to merely inform the appellant of the proper way that a supervisor could be requested rather than arresting him for Misuse of 911.  
 
Victoria Leary (League of Women Voters) thought the reasonable person standard should be reconsidered, because all “reasonable persons” make mistakes at times.
     
Marcella RedThunder stated that the appellant, despite the frustration he felt, was well controlled during the hearing, evidencing the type of person he is
 
VI.   Policy and Training Issues:  None.
 
VII.  New Business: Discussion about Scheduling an Additional CRC Meeting  (Chair Miggins)
 
After discussion, it was decided by consensus to schedule an additional CRC meeting in July for conducting business.   Future decisions on scheduling additional CRC meetings will be made as needed.  An additional CRC meeting was scheduled for Tuesday, July 31, 2007, in the City Hall.  IPR staff will take care of reserving a room for this meeting. 
 
VIII. Old Business: 
 
• Loren Eriksson: the draft Tow Workgroup Report was reviewed by CRC and has been forwarded to the Police Bureau for their response. 
 
• Ms. Robison:  The next meeting of the Protocol Workgroup has not yet been set. 
 
• Rob Milesnick:  No new items were added to the tracking list.  Chair Miggins asked Mr. Milesnick to provide the current tracking list to all members prior to each meeting.
 
IX.   Public Comment and Wrap-up
 
• Dan Handelman (Portland Copwatch):  was unsure of whether the tow workgroup draft report was handed over to the Police Bureau before the CRC members had a chance to review it.  (Mr. Bigham subsequently confirmed that the full CRC was given the opportunity to review the draft before it was sent on to the Police Bureau for their review.)  Mr. Handelman objected to the Ms. Rees’s interpretation of the reasonable person standard being based on whether a reasonable person could have made the finding “based on the evidence in front of them.”  Mr. Handelman stated that the standard actually states “based on the evidence,” not the evidence in front of the person making the finding.  Mr. Handelman stated that what this means is that the CRC is allowed to take new evidence during a hearing.  Mr. Handelman also voiced his objection to holding the hearing in the courthouse. 
 
• Debbie Aiona (League of Women Voters) agreed with Mr. Handelman’s objection to holding CRC meetings in the courthouse.  She suggested explore holding future meetings in community locations such as the Street Roots office, where there might be more opportunity to interact with the public. 
 
• Victoria Leary (League of Women Voters) suggested looking into the possibility of holding some CRC meetings in public schools. 
 
Chair Miggins adjourned the meeting at 9:30 p.m.