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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 2010
March 10, 2010

Minutes

Citizen Review Committee

March 10, 2010

 

Date Approved: April 14, 2010

 

Meeting Location: Lovejoy Room, Portland City Hall

 

CRC Members Present: Michael Bigham (Chair), Jeff Bissonnette, Loren Eriksson, Hank Miggins, Ayoob Ramjan, Lewellyn Robison, Rochelle Silver, Jamie Troy

 

City staff: LaVonne Griffin-Valade (City Auditor), Mary-Beth Baptista (IPR Director), Constantin Severe (IPR Assistant Director), Judy Taylor (IPR Investigator), Derek Reinke (IPR Senior Management Analyst), Irene Konev (IPR Community Outreach Coordinator), Linly Rees (Deputy City Attorney)

 

Police Bureau:  Assistant Chief Brian Martinek, Captain Ed Brumfield (IAD), Lieutenant Eric Schober (IAD), Lieutenant Michael Lee (Detective Division), Investigator William Accornero (IAD), Sergeant Scott Westerman (Portland Police Association)

 

Community/Media:  Dan Handelman (Portland CopWatch and Flying Focus Video), Regina Hannon (Portland CopWatch), Debbie Aiona (League of Women Voters), Maxine Bernstein (The Oregonian), Matt Davis (Portland Mercury), JoAnn Jackson (former CRC member), Kenneth Kreushcher (Portland Law Collective); other community members and family members of the appellant.       

 

               I.      Chair Bigham called the meeting to order at 5:30 pm.

 

              II.      Introductions and welcome.

 

             III.      Approval of Minutes

 

Mr. Eriksson made a motion to approve the minutes of the 2/10/10 CRC meeting.  Mr. Bissonnette seconded. The motion passed 7-0 with one abstention.  Mr. Miggins made a motion to approve the minutes of the 2/17/10 CRC meeting.   Ms. Silver seconded.  The motion passed unanimously.

 

             IV.      Appeal of Case #2009-X-0006 (IPR #2007-C-0335)

 

Chair Bigham read the appeal procedures and ground rules. 

 

Ms. Rees defined the standard of proof for CRC appeal hearings.

 

Mr. Bissonnette and Mr. Eriksson presented the case summary, including allegations and findings pertaining to the case.

 

Mr. Miggins stated that he would participate in the hearing but would not vote due to a perceived conflict of interest.  Ms. Rees advised Mr. Miggins that if he feels there is a possible conflict of interest, it would be better for him not to participate in the hearing.  Mr. Miggins agreed not to participate. 

 

The appellant’s father, Mr. Kelly Krohn, retired PPB sergeant, introduced family members who were present at the hearing to support the appellant.  Mr. Krohn then spoke on the appellant’s behalf.  The appellant then spoke on his own behalf.    

 

Officer A and Sergeant B were present and made statements about the incident.  Officer C was not present.  PPA President Scott Westerman spoke on behalf of Officer C and a witness officer.  Captain Brumfield confirmed that the IAD investigation included a full review of all aspects of the allegations and all available evidence supporting the allegations.  Assistant Chief Martinek presented the rationale for the Police Bureau’s findings.  Assistant Chief Martinek then addressed questions of CRC members.  Before leaving the meeting, Assistant Chief Martinek offered to return at a future CRC meeting to discuss a letter that CRC had written to him about another matter.

 

CRC members asked questions of the appellant and Police Bureau members.

 

Public comment:  Appellant’s sister; Dan Handelman (Portland CopWatch); Logan Perkins (Lewis and Clark law student); Regina Hannon (Portland CopWatch); Kenneth Kreushcher (National Lawyers Guild); JoAnn Jackson (former CRC member); Appellant’s mother.    

 

The appellant and Mr. Kelly Krohn made final statements.

 

Sergeant Westerman made a final statement on behalf of the officers.

 

Sergeant B made a final statement.

 

In view of the timeliness issues surrounding this case, the IPR Director commented that IPR has been working closely with IAD to improve the timeliness of current investigations.

 

Deputy City Attorney Rees explained the Reasonable Person standard of review.

 

Each allegation regarding each officer was voted on separately. 

 

Allegation 1. Officer A and Sergeant B failed to write accurate police reports.  Category: Procedure.  Finding:  Exonerated 

 

Mr. Bissonnette made a motion to affirm the finding on Allegation 1 for Officer A.  Mr. Ramjan seconded the motion.

 

The motion passed by a vote of 6-1.

 

Yes:  Bigham, Bissonnette, Eriksson, Ramjan, Robison, Troy

 

No:  Silver

 

Abstain:  Miggins

 

Ms. Robison made a motion to affirm the finding on Allegation 1 for Sergeant B.  Mr. Ramjan seconded the motion.

 

The motion passed by a vote of 6-1 with one abstention.

 

Yes:  Bigham, Bissonnette, Eriksson, Ramjan, Robison, Troy

 

No:  Silver

 

Abstain:  Miggins

 

Allegation 2.  As a result of being taken into custody by Officer A and Sergeant B, the appellant sustained injuries.  Category: Force.  Finding:  Exonerated 

 

Mr. Bissonnette made a motion to challenge the finding of Exonerated on Allegation 2 for Officer A by adding “with a Debriefing” to the finding.  Mr. Eriksson seconded the motion.  After it was established that a debriefing had already been done, Mr. Bissonnette retracted his motion. 

 

Mr. Bissonnette made a motion to affirm the finding of Exonerated on Allegation 2 for Officer A.  Mr. Eriksson seconded the motion.

 

The motion passed by a vote of 7-0 with one abstention.

 

Yes:  Bigham, Bissonnette, Eriksson, Ramjan, Robison, Silver, Troy

 

Abstain:  Miggins

 

Ms. Robison made a motion to affirm the finding of Exonerated on Allegation 2 for Officer A.  Mr. Eriksson seconded the motion.

 

The motion passed by a vote of 7-0 with one abstention.

 

Yes:  Bigham, Bissonnette, Eriksson, Ramjan, Robison, Silver, Troy

 

Abstain:  Miggins

 

Allegation 3.  Officer C unnecessarily slammed the appellant into a fixed object. Category: Control Techniques.  Finding:  Unproven.

 

Mr. Ramjan made a motion to affirm the finding of Unproven on Allegation 3 for Officer C.  Mr. Eriksson seconded the motion.

 

The motion passed by a vote of 5-2 with one abstention.

 

Yes: Bigham, Bissonnette, Eriksson, Ramjan, Robison

 

No:  Silver, Troy

 

Abstain: Miggins

 

Because of the lateness of this meeting, Mr. Eriksson proposed that discussion of the policy and training aspects of this appeal be postponed to a future meeting.  Mr. Miggins proposed, and it was agreed, that the policy and training issues surrounding this appeal and the last appeal be scheduled directly following the Director’s report at the April CRC meeting.

 

              V.      Director’s Report

 

IPR Work Plan / Accomplishments:

 

IPR Ordinance Revision: City Auditor LaVonne Griffin-Valade, Director Baptista, and Assistant Director Severe have been working with Commissioner Randy Leonard on proposed changes to IPR’s governing ordinance.   The proposed ordinance changes will be posted on the IPR website by Friday, March 12.  City Council will hear the proposed changes on March 18, 2010, at 2:00 p.m., in Council Chambers.

 

The Office of Independent Review (OIR) has begun its review of the Chasse Investigation:  First round interviews were held with several members of the Bureau, the CRC, and representatives from the League of Women Voters and CopWatch. 

 

Assistant Director Pete Sandrock has taken the lead on coordinating IPR staff efforts to write the 2009 Annual Report.  The goal is the release the report by May 2010.

 

The last orientation session for new CRC members was held at the Internal Affairs Division (IAD).  IAD Captain Brumfield and Lieutenant Schober explained the duties and responsibilities of IAD.

 

Community Outreach:

 

Director Baptista, Assistant Director Severe, Outreach Coordinator Konev, and CRC Chair Bigham met with members of Albina Ministerial Alliance.  

 

Director Baptista, Assistant Director Severe, Outreach Coordinator Irene Konev, and City Auditor Griffin-Valade met with members of the National Alliance on Mental Illness and interested community members to explain the powers and duties of IPR and CRC and ways to strengthen police oversight.

 

Assistant Director Severe attended the African American Chamber of Commerce monthly meeting.  He provided an overview of IPR's structure and addressed questions from the audience.

 

Ms. Baptista, Mr. Severe, Ms. Konev, and Mr. Bigham met with international delegates from Benin, Chad, Nigeria, Mali, and Mozambique to explain the powers and duties of IPR and CRC.

 

Community Outreach Coordinator Konev worked on updating IPR forms online and improving the IPR website; added brochure distribution sites, with a focus on North Portland; networked with various organizations;  gave a presentation to the Hispanic youth at McLaren Youth Correctional Facility; attended Colored Pencils Art and Culture Night and Portland Community College African American Film Festival; held a planning meeting with Officer Natasha Haunsperger to meet with communities and form officer/community relations; and met with past CRC member Sherrelle Owens.   

 

Appeals

 

IPR #2009-C-0125 (Appeal #2009-X-0007).  A timely appeal has been filed.  The date of this appeal has yet to be determined. 

 

IPR #2009-C-0033 (Appeal #2009-X-0008).  A timely appeal has been filed.  The date of this appeal has yet to be determined. 

 

             VI.      Workgroup Updates

 

Appeals Workgroup (Mr. Troy):  Last meeting: 3/5/10.  Workgroup members agreed that the volunteer advocate for appeals worked well on its first test run.  Time limits for appeal presentations were discussed.  A mission statement is being developed.   Appeals protocols and procedures are being reviewed.  Next meeting: 3/26/10 from 12:00 p.m. to 1:30 p.m. at Mr. Troy’s law office. 

 

Outreach Workgroup (Mr. Miggins):  Met 2/16/10, 3/3/10, and 3/9/10 to discuss the public forum, scheduled for Sunday, 3/14/10.  Some members of the workgroup met with Resolutions Northwest and the Office of Independent Review.  Next meeting: 4/13/10, 3:00 p.m. to 4:30 p.m. in City Hall.      

 

PARC Report Review Workgroup (Mr. Bigham):  Last meeting: 2/24/10.  The workgroup’s draft report was discussed.  Next meeting: 3/17/10 at 2:30 p.m. in City Hall.

 

Protocol Workgroup (Mr. Miggins):  Has not met.  Mr. Miggins said that each workgroup is doing something affecting protocols.  Mr. Miggins will be sending out a request to all workgroup Chairs to let him know which protocols will be affected by the work of their workgroup.  The Protocol Workgroup will then decide which other protocols need to be reviewed.  Ms. Robison suggested that the Protocol Workgroup could begin working on a revised protocol on the timing of elections for CRC officers.    

 

Recurring Audit Workgroup (Mr. Ramjan):  Last meeting: 3/2/10.  A decision was made to focus on review of Service Improvement Opportunities.  Next meeting: 4/6/10, 5:00 p.m. to 6:00 p.m. in the 1st Floor Auditor’s Conference Room. 

 

Taser/Less Lethal Workgroup (Mr. Bigham):  First meeting:  3/2/10.  Mr. Bigham was elected chair.  The workgroup discussed gathering of information and talking to the Audit Services staff who are currently auditing use of Tasers.  Next meeting: 4/20/10 at 4:00 p.m.   

 

             VII.      Old Business

 

Ms. Robison asked about some items that were brought up at a previous meeting that needed to be followed up on, including the possibility of making IAD and IPR case materials for appeals available for CRC members via an on-line server.  Captain Brumfield said that this would not be possible.  However, he said that IAD will do its best to make arrangements for CRC members to come to IAD during off hours.  

 

             VIII.      New Business

 

Mr. Miggins introduced the Bias-based Policing Workgroup’s Final Report for CRC approval.  IPR Senior Management Analyst Derek Reinke presented the report.  Mr. Eriksson made a motion that CRC approve the Bias-based Policing Workgroup’s Final Report.  Ms. Silver seconded the motion.  Public comment was provided by Mr. Handelman.  The motion passed unanimously.

 

On behalf of Ms. JoAnn Jackson, Chair of the IPR Structure Review Workgroup, Mr. Bigham presented the draft report of the workgroup.  CRC will vote on approval of this report at the April meeting.     

 

             IX.      Public Comment

 

Ms. Aiona (League of Women Voters) expressed concern that the proposed ordinance revisions were being sent forward without sufficient time for public input.  She suggested that CRC meetings be held in a different room, preferably Council Chambers.  Ms. Aiona also commented that CRC should be given full IPR support for any public forums that they hold.     

 

Mr. Handelman (Portland CopWatch) commented that there need to be clearer definitions for what is considered an injury, and that police officers should document even minor injuries.  Mr. Handelman said that if CRC finds that the commander did not have all available information to make a reasonable finding, CRC should send the case back for more investigation.  Mr. Handelman shared Ms. Aiona’s concerns that the ordinance revisions were being sent forward without sufficient time for public input. 

 

Ms. Hannon (Portland CopWatch) commented that the opposing statements in tonight’s hearing were unfairly balanced in favor of the police officers.

 

              X.      Wrap-up Comments:

 

Mr. Eriksson stated that elections for CRC officers are due to be held in April.   At the suggestion of Ms. Silver, it was decided that the elections will be put over until   the May CRC meeting.

 

Chair Bigham stated for the record that he did not have any consultations with the City Attorney’s Office about delaying the Chasse forum.  He said that he did that completely on his own because of financial issues that were of concern to him.  

 

IPR Director Baptista thanked all for their service.  

 

            XI.      Chair Bigham adjourned the meeting at 10:40 p.m.