Citizen Review Committee
January 12, 2011
Date Approved: February 9, 2011
Meeting Location: Lovejoy Room, 2nd Floor, Portland City Hall
Chair Bigham called the meeting to order at 5:30 pm.
Introductions and Welcome
CRC Members Present: Michael Bigham (Chair), Jamie Troy (Vice-Chair), Jeff Bissonnette (Recorder), Loren Eriksson, Hank Miggins, Ayoob Ramjan, Rochelle Silver
City staff: Mary-Beth Baptista (IPR Director), Constantin Severe (IPR Assistant Director)
Police Bureau: Captain Ed Brumfield (IA), Lieutenant Chris Davis (IA), Sergeant Gorgone (North Precinct)
Community/Media: Dan Handelman (Portland Copwatch and Flying Focus Video), Regina Hannon (Portland CopWatch), Debbie Aiona (League of Women Voters)
Approval of Minutes of the 12/8/10 CRC Meeting
Mr. Eriksson moved to approve the minutes. Mr. Miggins seconded. The minutes were approved, 6-0, with Dr. Silver abstaining because she was not present for the December meeting.
Sergeant Gorgone made a presentation on the Gang Reduction Education and Training (GREAT) program. CRC / IPR and public comment period followed presentation.
1. Independent Police Review (IPR) Division Work Plan / Accomplishments:
IPR’s Involvement in Recent Officer Involved Shootings: IPR has assigned a member of the management team to each of the open officer-involved shooting investigations. Professional Standards Captain and the Police Bureau have included and involved IPR management in each of the administrative investigations from their inception. We have been present from the first briefing from detectives to internal affairs as early as the day after a shooting. We will continue to be present during each stage of the investigation – including subsequent briefings from the Detective Division to Internal Affairs and Training Division, investigation planning meetings, and officer and witness interviews.
Per the new ordinance, IPR has the same responsibility and authority in officer-involved shootings and in-custody death investigations as they do in any other community or bureau case. Therefore, IPR will also review and approve the investigation prior to the Report Unit manager’s review and recommended findings. IPR also retains the authority to controvert (challenge) recommended findings or discipline. In addition, IPR is a voting member on the Police Review Board that will ultimately make disposition recommendations to the Chief of Police and Police Commissioner.
IPR management and the Professional Standards Captain are in the process of developing a standard operating procedure (SOP) for IPR notification and response to an incident and involvement in the initial stages of the investigative process.
IPR Participation on the “Police Review Board.” IPR management has attended several Police Review Board meetings as a voting member since the first newly reconfigured board was held on Monday, December 6, 2010. The Police Bureau has scheduled several more in the next few weeks.
2010 CRC New Member Appointment. The Auditor will recommend City Council to confirm four CRC nominees at 9:30am on Wednesday, February 2, 2011. The new members will be sworn in by the Auditor at an informal welcome reception immediately following the Council session. We invite all CRC members and interested members of the public to attend. The four nominees are (in alphabetical order):
Michael Bigham: CRC member since February 2005 and CRC Chair since February 2008.
André Pruitt: Clinical supervisor and social worker at the Oregon Health Science University – Avel Gordly Center for Healing.
Dr. Rochelle Silver: CRC member since 2009 and member of the CRC Outreach, Taser, and Appeals Workgroups.
Steve Yarosh: Attorney and co-owner of Irma Valdez Properties, Inc.
CRC New Member Orientation: Community Outreach Coordinator Irene Konev, Assistant Director Constantin Severe, and I are planning an orientation program for the new and returning CRC members. Last year the orientation provided six hours of training covering an introduction to the Auditor’s Office, IPR, and CRC, as well as cultural competency topics and an on-site training at Internal Affairs. We are in the preliminary planning stages and would appreciate member input as well as volunteers to assist with the program.
2. IPR Community Outreach
Community Outreach Coordinator Irene Konev attended and networked at Open House for Oregon Partnership (a substance abuse and suicide prevention organization), Kwanzaa Celebration, and Colored Pencils Art and Culture Night (both held at City Hall), and a community meeting at Sisters of the Road. She made presentations on the commendation and complaint process to the Jefferson High School Civic Leadership class, to the staff of Outside In - youth homeless organization, and to Kelly Elementary School in Spanish for the Hispanic community with IPR investigator Mike Hess and Officer Haunsperger (who took questions from the community on policing).
Ms. Konev also met with several staff members of the Mayor’s Office to network on culture-specific outreach strategies. IPR continued its presence at the Community and Police Relations Committee meetings and attended the Portland Police Union bargaining negotiations.
IPR Investigator Mike Hess and Ms. Konev also agreed to meet with community members at their request (at a location of their choosing) in Northeast Portland to hear their complaints. Both complaints heard are now being investigated.
Through the request of Commissioner Saltzman’s Office, IPR Investigator Judy Taylor and Ms. Konev are scheduled to make a presentation to the staff of the Gateway Domestic Violence Center on the commendation and complaint process.
IPR and IAD Caseloads: See caseload tables in Director’s Report.
CRC Chair’s Report (Chair Bigham)
Mr. Bigham testified before City Council about the Stakeholders Committee Report. The City Council will consider the Stakeholders Committee recommendations at a future time.
Tracking List: Mr. Bissonnette said that next month he will be prepared to come forward with suggestions on better ways to track. Mr. Miggins noted that some persons who are no longer on CRC have been assigned to certain tasks on the Tracking List. Mr. Miggins also noted that the Outreach Workgroup at its next meeting will be reviewing the items on the Tracking List that were referred to that workgroup.
Recurring Audit Workgroup’s draft Service Improvement Opportunity (SIO) Report: Mr. Bissonnette stated that the changes agreed upon at the December CRC meeting have been made. Mr. Ramjan made a motion to accept the report. Mr. Miggins seconded. The motion passed 6-1.
Yes: Bigham, Bissonnette, Eriksson, Miggins, Ramjan, Silver
Draft changes to Protocol PSF-5.22 Election of Officers: Mr. Miggins presented the proposed changes, which have to do with the timing of elections. Mr. Bissonnette made a motion to adopt Protocol PSF-5.22 as amended. Dr. Silver seconded. The motion passed unanimously.
Chair Bigham reviewed the goals that were agreed upon at the February 2009 CRC Retreat and asked if new workgroups should be formed to work on goals that have not yet been addressed. The consensus was to defer the formation of any new workgroups until some of the current workgroups have completed their work.
Dr. Silver proposed having another CRC Retreat. It was agreed to form a short-term retreat planning committee. Mr. Bigham, Dr. Silver, and Mr. Troy volunteered to serve on this committee.
Draft changes to Protocol PSF-5.15 Untimely Appeal Protocol: Mr. Troy presented proposed changes. Director Baptista noted that the current practice is to designate a specific deadline and specify the use of calendar days. She suggested that the wording of the protocol reflect this.
After discussion, Mr. Troy proposed amending the draft protocol as follows:
Paragraph 1: “The complainant shall be advised by IPR of a specific deadline to file an appeal that will be no less than 35 calendar days from the date that the IAD disposition letter is forwarded to the complainant.”
Paragraph 2: “No appeal received after the specified deadline given to the complainant or member in the notification from IPR or IAD regarding disposition of a complaint will be permitted except that:”
Paragraph 3: “If an appeal request has been received no less than 60 days after the complainant has been notified….”
Mr. Miggins made a motion to adopt Protocol PSF-5.15 as amended. Dr. Silver seconded.
After discussion, it was agreed to change the wording in Paragraph 3 to “within 60 calendar days” rather than changing the wording to “no less than 60 calendar days.”
Mr. Miggins again made a motion to adopt Protocol PSF-5.15 as amended. Mr. Troy seconded. The motion passed unanimously.
Appeals Workgroup (Mr. Troy): Last meeting was 12/28/10, at which time the workgroup finalized the amended draft of Protocol 5.15, which was brought before the full CRC for adoption at tonight’s meeting. The workgroup is currently working on Protocol 5.16 (City Council Appeals Protocol). Mr. Troy said that in reviewing this protocol, the workgroup discovered some discrepancies on appeals procedures in the IPR Ordinance itself. Mr. Troy is working on a draft letter to the City Council recommending that they revisit the appeal language in the ordinance. If work becomes stalled on Protocol 5.16, the workgroup will move on to Protocol 5.21 (Appeal Process Advisor). The next meeting will be on 1/19/11 from 12:00 p.m. to 1:30 p.m. at Mr. Troy’s law office.
Outreach Workgroup (Mr. Miggins): Last meeting was on 1/12/11. The workgroup continued planning for the next public forum, arriving at a tentative dates of March 24 or March 30 from 6:00 p.m. to 8:00 p.m. Locations being considered are Multnomah County Library on 122nd Avenue, Parkrose School, and a couple of union halls. The next meeting will be on 2/9/11 at 3:30 p.m. in the Audit Services Library.
Protocol Workgroup (Mr. Miggins): Has not met since the last meeting CRC meeting. The next meeting will be on 1/13/11 from 5:00 p.m. to 6:30 p.m. at Mr. Troy’s law office. The workgroup will be reviewing Protocol 5.18 Policy Review Protocol.
Recurring Audit Workgroup (Mr. Ramjan): The workgroup has not met due to the need to re-edit the draft report on Service Improvement Opportunities, which was adopted in tonight’s meeting. Director asked what the workgroup would like IPR to do with the report now that it has been adopted. Mr. Bissonnette said that a final copy of the report will be sent to the Director for posting on the IPR website and suggested having the workgroup chair present the report to City Council about the report.
Taser/Less-lethal Force Workgroup (Dr. Silver for Mr. Bigham): Last meeting was on 1/4/11. Members of the Audit Services Division were invited to discuss their recent Taser audit. Mr. Eriksson has replaced Ms. Detweiler on the workgroup. The workgroup members have completed their review of 2009 and 2010 complaints involving use of Tasers. The members will meet for an executive session on 1/18/11 at 11:00 a.m. The meeting will not be open to the public because the members will be discussing a specific case.
Ms. Aiona asked Director Baptista when the first report of the Police Review Board can be expected. Ms. Baptista replied that the ordinance requires reports no less than every six months, but a reporting mechanism has not yet been established.
Mr. Handelman said that presentations to CRC should be on the topic of police accountability. Mr. Handelman commented on the Taser Audit.
Mr. Eriksson asked about the rescinding of the Police Bureau directive on the Early Warning System. Lieutenant Davis explained that the Police Bureau is working on a new directive on the Employee Information System, which has replaced the Early Warning System.
Mr. Bissonnette publicly thanked IPR staff members Carol Kershner and Marilyn Shepherd for the excellent work they did on last-minute changes to the Service Improvement Opportunity Report.
Chair Bigham adjourned the meeting at 7:52 p.m.