CRC Members Present: Loren Eriksson, Hank Miggins, Donna Oden-Orr, Lewellyn Robison, Tracy Smith, Robert Ueland, Irma Valdez. (Ric Alexander arrived following the first two items of the Director’s report.)
City Staff Present: Gary Blackmer (City Auditor), Richard Rosenthal (IPR Director), Michael Hess (IPR), Lauri Stewart (IPR), Captain Darrel Schenck (IAD), Lieutenant Mark Bigeagle (East Precinct)
The meeting was called to order by Vice-Chair Donna Oden-Orr at
II. Unanimous approval of 5/18/04 CRC Minutes. (Bob Ueland abstained because he was not present for the 5/18/04 meeting.)
III. Director’s Report
· Chief Foxworth has announced the formation of a Use of Force Review Board and a Performance Review Board. These internal police review boards, which will include combined police/citizen participation, will replace the current Review Level Committee (consisting of the Bureau’s three Assistant Chiefs) that currently reviews the most serious use of force investigations and sustained performance findings. The newly constituted review boards will be part of the internal police review structure. Their function will, therefore, be separate from that of the Citizen Review Committee, which will retain its appeal and external auditing functions. Active Citizen Review Committee members will not be eligible for the Police Bureau’s review boards, as this would be a conflict of interest.
· The Police Assessment Resource Center (PARC) is preparing to begin its second annual evaluation of training and policy issues relating to officer-involved shootings and deaths-in-custody. Shootings that occurred between the dates of July 1, 2000 and December 31, 2001 will be reviewed. PARC representatives will be in Portland June 28-30. On the evening of June 28 they will meet with representatives of various local civil rights organizations. On June 29, members of the Citizen Review Committee, CPORT (Citizen Police Organizational Review Team), the Chief’s Forum and the various police advisory groups have been invited to meet with PARC personnel in a meeting open to the general public.
[Ric Alexander arrived at ]
· Appeal No. 2004-X-0003. The Police Bureau agreed to reopen this case and re-investigate, provided that the complainant will cooperate. For administrative purposes, IPR will close this appeal and re-open the complaint investigation.
· No new appeals were received this last month. There are no pending appeals with exception of the one being heard tonight.
· Gwen Baldwin has been selected by Mayor Katz to replace Sid Lezak on the CRC.
IV. Full-hearing on CRC No. 2004-X-0004. The appellant’s son was “tased” by a police officer following a 9-1-1 call to their home.
The appellant appeared with her younger son and her mother and participated in the hearing. The Bureau’s decision was defended by Lieutenant Mark Bigeagle of East Precinct.
The officer involved in the incident was present with his union representative and participated in the hearing.
Public comment was provided by Diane Lane (Portland Rights Watch) and Dan Handelman (Copwatch).
After hearing from all sides, the CRC made the following recommendations:
Allegation #1: The officer entered the appellant’s home without announcing himself.
Bob Ueland made a motion to affirm the Police Bureau’s finding of Exonerated with a Debriefing on the first allegation. Lewellyn Robison seconded the motion. The motion passed unanimously.
Allegation #2: The officer inappropriately used a taser on the appellant’s son.
Bob Ueland made a motion to affirm the Police Bureau’s finding of Exonerated on the second allegation. Lewellyn Robison seconded the motion. The motion failed to pass by a vote of 3-5.
Yes: Eriksson, Robison, Ueland
No: Alexander, Miggins, Oden-Orr, Smith, Valdez
Donna Oden-Orr made a motion to challenge the Police Bureau’s finding of Exonerated and to recommend changing the finding to Insufficient Evidence. Ric Alexander seconded the motion. The motion passed unanimously.
Allegation #3: The officer inappropriately told the appellant’s son that it was his own fault that he got “tased.”
Tracy Smith made a motion to affirm the Police Bureau’s finding of Insufficient Evidence. Irma Valdez seconded the motion. The motion passed unanimously.
Allegation #4: The officer, when following up on the investigation, failed to tell the appellant that he was the officer who had “tased” her son.
Tracy Smith made a motion to affirm the Police Bureau’s finding of Exonerated with a Debriefing. Loren Eriksson seconded the motion. The motion passed unanimously.
CRC members discussed possible policy issues relating to the appeal:
· Ueland: The practice of discontinuing a violent crime investigation simply because the victim refuses to cooperate; the issue of the mother not being allowed to use the phone after her son was “tased.”
· Alexander: The downloading and retention of taser data after each use.
· Robison: The appropriateness of the officer who used the taser being required to follow up on investigation of the original crime.
· Oden-Orr: The appropriateness of later adding on criminal charges against the young man who was “tased.”
VI. Presentation by City Auditor Gary Blackmer regarding effective ways of conducting policy reviews by using the principles of research, analysis, and objectivity.
Following Mr. Blackmer’s presentation, Donna Oden-Orr proposed that Mr. Blackmer provide the CRC with a concrete policy review structure or process for the CRC to review and comment on at the next meeting. Ric Alexander suggested that ways to involve citizens in the policy review process should be included.
A list of policy “bin items” compiled by IPR was provided to the CRC for their review. It was suggested that this list be reviewed by the CRC members, that similar items be combined, and that criteria for rating the policy items be considered at the next CRC meeting.
VIII. Public Comment. Dan Handelman (Portland Cop Watch); Diane Lane (Portland Rights Watch); Richard Koenig; Freedom Child.