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June 17, 2003

 
INDEPENDENT POLICE REVIEW DIVISION
CITIZEN REVIEW COMMITTEE
MINUTES FOR June 17, 2003  (approved _______________)
CRC members present: Stone (Acting Chair), Alexander, Browning, Butzbaugh, Miggins, Ueland, Montgomery
IPR staff present: Hess (IPR Deputy Director), Rees (Deputy City Attorney), Stewart (IPR Community Relations Coordinator)
IAD and Police Bureau staff present: Lieutenant Babnick (IAD), Commander Garvey (Traffic Division), Commander Sizer (Central Precinct), Sergeant Robert King (PPA)
Acting Chair Stone called meeting to order at 5:42 p.m.
 
Minutes of 4/15/03, 5/6/03, and 5/20 CRC meetings were unanimously accepted.
 
IPR Director’s Report
 
  • A new “all in one” complaint form is now available.
  • Approximately 20 percent of complaints are currently being received via the IPR website.
  • At the CRC’s suggestion, letters of commendation have been sent for the officers involved in last months hearing involving a domestic violence situation.
  • CRC Applications are being accepted through July 18.
  • City Council has approved a protocol for conducting appeals referred to them.
  • CRC and IAD will have until close of business June 27 to submit a written statement regarding the appeal to be heard by City Council, which is scheduled for Wednesday July 16.
  • The IPR Director was invited by the Police Bureau to participate in the Review Level proceedings regarding the Kendra James shooting.  The Director has also been asked to participate in the Community Police Organizational Review Team (CPORT).
  • The police-involved shooting report, scheduled to be presented to Council on August 5, will have to be postponed approximately one month because of Merrick Bobb’s sudden illness.
  • All complaints regarding the August 2002 Bush Protest are now closed.  No appeals have been received on these complaints.
  • IPR plans to conduct a policy review of the use of pepper spray to disperse crowds during public demonstrations.
  • Disposition of Appeal No. 2003-X-0007:  This was an IAD decline that the CRC recommended be sent back for a full investigation.  The IPR Director upheld the IAD declination with the exception of an allegation that the officers laughed at the appellant.  This allegation was initially handled as a service complaint, but the officers denied laughing at the appellant.   The appeal was then closed with no further action.
 
CRC Work Group Reports
 
Community Outreach Work Group – Montgomery
               
Following discussion on whether or not to proceed with a public forum on the IPR Ordinance forum even without a quorum of CRC members, there was consensus on going ahead with the forum.  The forum will take place on June 19 from 6 p.m. to 8 p.m. in the RoseRoom of the PortlandCity Hall.
 
Policy Work Group -- Denise Stone
 
The final draft of the Hooper Detox policy recommendation will be reviewed by the Policy Work Group at their next meeting.  The Policy Work Group will also work on prioritizing the remaining policy issues.
 
Internal Process Work Group (IPWG) -- Hank Miggins
 
The IPWG met to prepare the agenda for the June 21 CRC work session.
 
 
Hearing:  CRC No. 2003-X-0008 (IPR/IAD No. 2002-C-0152)
 
The appellant was present with family members, friends, co-workers.  Doug Montgomery and Héctor López were the assigned CRC members for this hearing.  The appellant, who was hit by a car and seriously injured while flagging for a truck, alleged that a Traffic Division officer failed to conduct a thorough investigation and failed to write an adequate report.
 
The appellant presented a statement on why he believes the officer’s actions were not acceptable.  
Commander Garvey of the Traffic Division then explained his findings.  He concluded that the officer followed the existing traffic accident investigation and reporting standards.  Commander Garvey admitted that the current directives and standard operating procedures are in need of revision, and he is currently working on the revisions.  However, disciplinary measures must be based on directives and standard operating procedures currently in place.  Lieutenant Babnick stated that the IAD investigation was thorough and complete and the officer followed existing policies and procedures.  Doug Montgomery presented a summary of this case on behalf of the CRC.  Public comments were provided by Diane Lane (PDX Copwatch), Dan Handelman (Portland Copwatch), Richard Jones (El Hispanic News), Rev. Roy Green (the appellant’s father), and Robert King (PPA). 
 
The CRC members unanimously agreed to consider each allegation and finding separately.
 
Regarding the first allegation, that Officer A failed to investigate the incident thoroughly, Ric Alexander made a motion to challenge the Police Bureau’s finding of Procedure: Exonerated with a Debriefing and to recommend a sustained finding.  TJ Browning seconded the motion. 
The motion failed to carry by a vote of 5–2.
 
Yes:  Browning, Alexander,
 
No:   López, Butzbaugh, Stone, Miggins, Ueland, Montgomery
 
Bob Ueland made a motion to affirm the Police Bureau’s finding on the first allegation.  Doug Montgomery seconded the motion.  The motion carried by a vote of 5–2.
 
Yes:  López, Butzbaugh, Stone, Miggins, Ueland, Montgomery
 
No:   Browning, Alexander
 
Regarding the second allegation, that Officer A failed to write an adequate report, investigate the incident thoroughly, Ric Alexander initially made a motion to challenge the Police Bureau’s finding of Procedure: Exonerated and to recommend a sustained finding.  TJ Browning seconded the motion.  After discussion, Ric Alexander withdrew this motion and moved to affirm the Police Bureau’s finding.  Doug Montgomery seconded the motion.  The motion to affirm carried by a vote of 5 – 2.
Yes:  López, Butzbaugh, Stone, Miggins, Ueland, Montgomery,
 
No:   Browning, Alexander         
 
Regarding the third allegation, that Officer A did not take a statement from the appellant, Bob Ueland made a motion to affirm the Police Bureau’s finding of Procedure: Exonerated. Doug Montgomery seconded the motion.  The motion carried unanimously.
 
Regarding the fourth allegation, that Officer A failed to cite the driver of the vehicle that struck the appellant, Bob Ueland made a motion to affirm the Police Bureau’s finding of Procedure: Exonerated.  Hank Miggins seconded the motion.  The motion failed to carry by a vote of 5–2.
 
Yes:  Ueland, Miggins,
 
No:   López, Butzbaugh, Stone, Browning, Alexander, Montgomery
 
TJ Browning made a motion to recommend a sustained finding on this allegation.  There was no second.
 
Doug Montgomery made a motion to recommend adding a debriefing to the Police Bureau’s finding.  Ric Alexander seconded the motion.  The motion carried by a vote of 6–1.
 
Yes:  López, Butzbaugh, Stone, Miggins, Ueland, Montgomery, Alexander
 
No:   Browning
 
Policy Issues
 
  • Revision of the Traffic Division policies and standard operating procedures
  • Bureau employees giving the impression to citizens that they are laughing at them
  • Better clarity in the wording of allegations
BREAK
 
Due to the lengthiness of the first hearing Acting Chair Stone suggested postponing the next appeal hearing (2003-X-0009) until July 15.  The appellant, who was present, agreed to the postponement. 
 
There was a discussion of whether or not to hold a business meeting in July.  Scheduling of a business meeting was postponed until the June 21 work session. 
 
New Business
 
TJ Browning requested permission of the full CRC for a number of members (less than a quorum) to talk to the IPR Director about the inadvertent memo regarding the officer-involved shootings review.  There was consensus to do so.
 
Mia Butzbaugh questioned why there was no CRC involvement in formulating the protocol for hearings that are referred to City Council.  Director Rosenthal explained that the formulation of the protocol was a Council matter.
 
TJ Browning read into the record a letter submitted by MEChA regarding notes distributed by an IPR staff member on MEChA’s Police Accountability Forum were not endorsed by MEChA.  
 
Public Comment: Diane Lane (PDX Copwatch) and Dan Handelman (Portland Copwatch)
 
Meeting was adjourned at approximately 9:45 p.m.