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January 15, 2008

 

Minutes

Citizen Review Committee

January 15, 2008

Approved February 19, 2008

 

Meeting Location:  Rose Room, Portland City Hall

 

CRC Members Present:  Michael Bigham, Josephine Cooper, Loren Eriksson, JoAnn Jackson, Mark Johnson, Hank Miggins, Robert Milesnick, Lewellyn Robison

 

CRC Members Absent:  Sherrelle Owens (excused)

 

City Staff Present:  Gary Blackmer (City Auditor) Leslie Stevens (IPR Director), Michael Hess (IPR), Linly Rees (City Attorney)

 

Police Bureau Members Present:  Captain John Tellis (IAD)

 

Chair Miggins called the meeting to order at 5:32 p.m.

I. Introductions and welcome

II. Approval of the Minutes of the December 18, 2007, CRC Meeting: Mr. Eriksson moved to approve the minutes as written. Mr. Milesnick seconded the motion. The motion passed by a vote of 8-0.

III. Swearing in of Member: City Auditor Gary Blackmer swore in Ms. JoAnn Jackson as a CRC member.

IV. Director's Report (Director Stevens)

• Appeals Update: In calendar year 2007, 62 cases were eligible for appeal, three of which were still pending. In calendar year 2008, there has been one case eligible for appeal, and it was still pending.   

• Two new Police Bureau directives were issued in the past month:  Use of Force Review Boards and Performance Review Boards. A memorandum from the Commander of the Tactical Operations Division was also provided.

V. Director Stevens presented an overview of the roles of IPR and CRC and an explanation of the Reasonable Person standard that applies to decisions made by CRC at appeal hearings.

VI. Ms. Linly Rees of the City Attorney's Office provided a review of parliamentary procedure, the Oregon Public Meeting Law, and Oregon laws regarding public records.

VII. Election of CRC Officers for 2008

Chair Miggins opened nominations for Chair. Ms. Cooper nominated Michael Bigham. Mr. Bigham nominated Hank Miggins. Michael Bigham was elected Chair by a vote of 7-1. 

The vote was as follows:

Ms. Jackson voted for Michael Bigham.

Mr. Eriksson voted for Michael Bigham.

Mr. Bigham voted for Hank Miggins.

Mr. Miggins voted for Michael Bigham.

Mr. Milesnick voted for Michael Bigham.

Ms. Cooper voted for Michael Bigham.

Ms. Robison voted for Michael Bigham.

Mr. Johnson voted for Michael Bigham.

Chair Miggins opened nominations for Vice-chair. Ms. Cooper nominated Loren Eriksson. Mr. Eriksson declined. Mr. Eriksson nominated Hank Miggins. Mr. Milesnick nominated Lewellyn Robison. Hank Miggins was elected Vice-chair by a vote of 6-2. 

Ms. Jackson voted for Hank Miggins.

Mr. Eriksson voted for Hank Miggins.

Mr. Bigham voted for Hank Miggins.

Mr. Miggins voted for Lewellyn Robison.

Mr. Milesnick voted for Hank Miggins

Ms. Cooper voted for Lewellyn Robison.

Ms. Robison voted for Hank Miggins.

Mr. Johnson voted for Hank Miggins.

Chair Miggins opened nominations for Recorder. Mr. Eriksson nominated Lewellyn Robison.  Lewellyn Robison was elected Recorder by a vote of 7-0, with one abstention.

The vote was as follows:

Ms. Jackson voted for Lewellyn Robison.

Mr. Eriksson voted for Lewellyn Robison.

Mr. Bigham voted for Lewellyn Robison.

Mr. Miggins voted for Lewellyn Robison.

Mr. Milesnick voted for Lewellyn Robison.

Ms. Cooper voted for Lewellyn Robison.

Mr. Johnson voted for Lewellyn Robison.

Ms. Robison abstained.

VIII. Workgroup Updates

• Tow Policy Workgroup (Chair: Michael Bigham). The Tow Policy Report was presented to Council on 1/9/08. Mr. Bigham announced that the Tow Policy Workgroup is now officially closed.

• Protocol Workgroup (Chair: Lewellyn Robison). The workgroup is continuing its work on revising the appeal process. Ms. Robison proposed a second test procedure with regard to appeal hearings, making a motion to test appointing a CRC member and a back-up to present the hearing report at CRC hearings. After discussion and public comment, the motion passed by a vote of 6-2.

Ms. Jackson:          Yes

Mr. Eriksson:          Yes

Mr. Bigham:           Yes

Mr. Miggins:           Yes  

Mr. Milesnick:         No       

Ms. Cooper:           No

Ms. Robison:          Yes

Mr. Johnson:          Yes            

At the next CRC meeting the workgroup will present draft written guidance for implementing this test. The next meeting of the Protocol Workgroup will take place on Monday, 1/28/08, at 2:30 p.m., in the IPR Conference Room.

Director Stevens stated that IPR is going to scale back the hearing report. Since pre-hearings are no longer being conducted, the hearing report does not need to be as detailed before. The hearing report will still include the incident summary, the allegations and findings, and CRC's options, but summaries of interviews will not be included.  

• Bias Based Policing Workgroup (Chair: Sherrelle Owens). Mr. Miggins presented the following information, which was provided to him by Ms. Owens to share with CRC:  The Bias Based Police Workgroup is continuing to review files. The work of this workgroup is going slower than they had anticipated because there is much more work than was anticipated. The workgroup has begun reviewing recordings of intake interviews, which makes the review process slower. The presentation of the Bias Based Policing Workgroup to the Mayor's Racial Profiling Committee has again been rescheduled for the March 2008 meeting. The next meeting of the Bias Based Policing Workgroup is scheduled for Wednesday, 1/16/08, at noon, in the IPR Conference Room.  

(Mr. Milesnick left the meeting at this point.)

• PARC Report Review Workgroup (Chair: Michael Bigham). The workgroup has decided to limit itself to reviewing the 2005-2006 recommendations of the Police Assessment Resource Center (PARC). The workgroup is also working on a mission statement. The next meeting of the PARC Report Review Workgroup is scheduled for Monday, 1/28/08, from noon to 2:00 p.m. Mr. Bigham invited Mr. Miggins to attend the next PARC Workgroup meeting to share with the group his vision of what he wants the PARC workgroup to accomplish. Mr. Miggins asked Mike Hess to pull up the minutes of the meeting when the PARC Workgroup was established to see what was originally stated as the reason for forming the workgroup.   

• Outreach Workgroup (Chair: Hank Miggins). Mr. Eriksson volunteered to serve on the Outreach Workgroup. The members of the workgroup are Mr. Miggins, Ms. Owens, Ms. Robison, and Mr. Eriksson. The workgroup members agreed to schedule the first meeting of the Outreach Workgroup on Monday, February 4, 2008, from noon to 1:00 p.m. in the IPR Conference Room. Mr. Miggins asked Director Stevens to attend the meeting if possible.    

Mr. Miggins and Mr. Eriksson will meet on 1/28/08 after the PARC Workgroup meeting to discuss a letter to the commander of the TriMet Division regarding the supervision of TriMet Division officers from other jurisdictions.  

IX. Tracking List Update: Mr. Eriksson reported on behalf of Mr. Milesnick that after the last CRC meeting Mr. Milesnick added the following item to the tracking list: forming a workgroup at some point to review cases to make sure that IPR and IAD are not missing things and to see if there are any trends that might need to be brought to IPR's or IAD's attention, such as missing allegations. The workgroup might do this once a year or every five years.

Director Stevens said she would like to be invited to discuss with CRC how allegations are constructed. At the suggestion of Mr. Eriksson, Chair Miggins said this will be included on next month's agenda as a part of the Director's Report. 

X. Old Business

Mr. Eriksson asked about the cover letter that accompanied the Tow Policy Report.  Director Stevens said that Derek Reinke will have the cover letter converted to PDF format and posted on the IPR website directly above the Tow Policy Report. Mr. Eriksson asked if there have been cover letters associated with other reports.  Director Stevens said that she interpreted the letter to be a cover memo to CRC's presentation to City Council and not part of the report, since the report had already been adopted before the letter was drafted. However, she has had copies of the letter placed in all of the copies of the report in IPR, so that anyone who asks for the report will also get the cover memo to Council. Chair Miggins said that he believes that the Tow Policy Report was the first workgroup report that has been presented to Council. Chair Miggins said that he thinks CRC should consider presenting more of the workgroup products than they have in the past.

• Ms. Robison asked that the timing between the appeal hearings and the performance review board be added to the tracking list. Director Stevens explained that appellants and officers have the right to appeal a finding, which is a conclusion of the Police Bureau. Until a case has been to the Review Board, there has not been a conclusion, unless there have been no sustained findings. If a case is pending a Review Board, there is no finding that an appellant or officer can appeal.   Given Director Stevens's explanation, it was decided to place on the tracking list for CRC at some point to examine the timeliness of cases that go to the Review Board. Director Stevens said that the Police Bureau directive states that the Review Board coordinator will schedule the Review Board hearing within 21 days of the receipt of a unit manager's proposed finding. Chair Miggins asked Ms. Robison to work with Mr. Milesnick to get this issue on the tracking list.

XI. New Business

• Chair Miggins asked Ms. Jackson if she would like to serve on a workgroup. She volunteered to serve on the Bias Based Policing Workgroup.   

XII. Public Comments

• Debbie Aiona (League of Women Voters) supported CRC's decision to test assigning a CRC member to present the cases at appeal hearings. Ms. Aiona commended the Tow Policy Workgroup for their work.

• Dan Handelman (Portland Copwatch) expressed a desire that the PARC Report Review should review the original PARC recommendations as well as the new ones. Mr. Handelman favors the concept of having a parliamentarian at CRC meetings. Mr. Handelman reminded CRC that they need to continue to follow up on implementation of the tow policy recommendations. Mr. Handelman reminded CRC members that they all need to review the case files before a hearing and not leave it up to those who are assigned to make the presentation at the hearing. Mr. Handelman expressed his disappointment as a member of the Mayor's Racial Profiling Committee that the Bias Based Policing Workgroup's presentation was put off again. 

XIII. Wrap-up Comments:

Hank Miggins thanked everyone for their support over the past four years that he has served as CRC Chair.

Chair Miggins adjourned the meeting at 7:55 p.m.