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January 21, 2003

INDEPENDENT POLICE REVIEW DIVISION

CITIZEN REVIEW COMMITTEE

MINUTES FOR January 21, 2003 (approved 2/18/03)

CRC members present: López (Chair), Stone (Vice-Chair), Alexander, Browning, Butzbaugh, Jaffe, Ueland, Miggins, Pollard

IPR staff present: Blackmer (City Auditor), Rosenthal (IPR Director), Hess, Stewart, Rees (Deputy City Attorney)

IAD staff present: Captain Schenck, Lt. Babnick
  1. A public reception in honor of outgoing CRC member Bryan Pollard was held from 5:00 p.m. to 5:35 p.m. Bryan will be resigning from the CRC effective 1/22/03 due to his acceptance of a position with the Cherokee Nation in Oklahoma.
  2. Chair López called the CRC meeting to order at 5:35 p.m.
  3. Introductions
  4. The CRC unanimously approved the 12/17/02 minutes with the following amendments:

    • Section IV: That “the specific issue of Bryan [Pollard]’s replacement, as well as the broader issue of developing a protocol for selecting members to replace members who resign before finishing their terms, was referred to the Internal Process Work Group for discussion.” (Amendment made by Miggins).

    • Section VIII: That Toni Jaffe voted “no,” and TJ Browning voted “yes” on the motion regarding CRC 02-17 to send all allegations back for re-investigation through the IPR intake process. (Amendment made by Jaffe.)
  5. IPR Director’s Report: Richard Rosenthal

    • Minibiographies of CRC members are needed for the annual report. To date, only three have been received.

    • IPR has initiated the capability of website filing of complaints.

    • IPR has initiated digital recording of all meetings and will soon begin digital recording of intake interviews.

    • The second IPR mediation took place last night.

    • Héctor López, Denise Stone, and Director Rosenthal will be attending training tomorrow on facilitating meetings.

    • CRC appeal number 02-28 was withdrawn by the appellant.

    • The allegations in CRC appeal number 02-17 were expanded and sent to IAD for re-evaluation. A supplemental hearing will be scheduled if the appellant so desires.
  6. Work Group Reports

    Outreach Work Group (Jaffe): Toni Jaffe and Lauri Stewart met prior to tonight’s meeting. They reviewed the year 2002 outreach goals, all of which were met. Year 2003 goals and strategies for future public forums need to be developed. A report of findings from the 2002 public forums will be submitted for inclusion in the annual report.

    Policy Work Group (Stone): Policy Work Group members Stone and Alexander along with Gary Blackmer and Joseph DeAngelis interviewed Lt. John Tellis of the PPB Training Division regarding the policy issues of officer identification and profanity. Bob Ueland and Joseph DeAngelis interviewed Sergeant Reed Hunt of Southeast Precinct, who serves as liaison to the Hooper Detox Center. Summaries of the interviews will be provided.

    Internal Process Work Group (Miggins): Internal Process WG began discussion of a protocol for selecting new CRC members to replace members who depart before their terms end. The work group needs more time to develop recommendations for this protocol. The discussion of terms of CRC officers was deferred due to lack of time. With regard to the decision on Bryan Pollard’s replacement, the work group concluded it has no authority decide this issue and it will need to be decided by the full CRC. Meetings of the Internal Process Work Group have been set for the first Wednesday of each month. The next meeting is scheduled for February 5, 2003.
  7. Lt. John Tellis of the PPB Training Division made a presentation regarding training of CRC members. He invited CRC members to contact him at any time with any questions they might have about training issues. He offered to provide informational sessions for CRC members on Police Bureau training issues so that they will be provided the proper context on which to base their reviews of police complaints. Director Rosenthal asked that the Training Division to continue to provide PPB training videos for the viewing of CRC members. Lt. Tellis agreed with Director Rosenthal’s suggestion that a training curriculum for new CRC members be developed.

    Bob Ueland recommended Crisis Intervention Training for all newly hired officers during their initial training at Monmouth.

    Toni Jaffe commented that training of police officers should include the spirit of community policing as well as the letter of the law.

    Denise Stone requested that CRC members be allowed at times to sit in on training sessions with officers.

    Ric Alexander asked if a Citizens’ Academy would be scheduled this year. Lt. Tellis responded that this probably would not be possible because of budgeting and staffing shortages.
  8. Pre-hearing: CRC No. 02-27 (IPR/IAD No. 2002-C-0295)

    The appellant was not present.

    Chair López reviewed the pre-hearing protocol.

    Deputy Director Hess summarized the Interim Report.

    Bob Ueland and Denise Stone presented the case.

    • After full discussion, Bob Ueland moved to affirm the IAD declination. There was no second.

    • Denise Stone moved to recommend an investigation by IAD or IPR. She agreed to Ric Alexander’s additional stipulation that the appeal be brought back for a second pre-hearing. Mia Butzbaugh seconded the motion. Director Rosenthal noted that there may still be a problem with interviewing the complainant if the attorney does not give consent to speak with his client. Motion carried by 5-4 vote.

    Yes: Pollard, Butzbaugh, Alexander, Stone, López

    No: Miggins, Ueland, Jaffe, Browning

    (Reasons given for the “no” votes: “reasonable person” rule (Ueland, Jaffe); no reasonable expectation of getting more information from witnesses and follow-up investigation (Browning, Miggins)

    • Policy Issues:

    Ric Alexander suggested that a protocol be developed on how to deal with allegations that are not made at the time in the investigation but are brought up by the appellant at a later time.

    Bob Ueland suggested that there be something official in the file stating that the attorney has not given consent to speak with his or her client.

    Hank Miggins expressed concern that the allegations were not fully described.

    • TJ Browning moved that the CRC refer this case to IPR for an independent investigation. This motion was defeated 5-4. Seconded by Denise Stone.

    No: Pollard, Alexander, Miggins, Ueland, Jaffe

    Yes: Butzbaugh, Browning, Stone, López

    [At this point, Bryan Pollard left the meeting due to a prior commitment. Chair López passed the gavel to Vice Chair Stone]
  9. Pre-hearing: CRC No. 02-29 (IPR/IAD No. 2002-C-0380)

    The appellant was present.

    Vice Chair Stone re-summarized the pre-hearing protocol.

    Deputy Director Hess summarized the Interim Report.

    Toni Jaffe and Héctor López presented the case.

    • After full discussion, Toni Jaffe moved to affirm the IAD declination. Héctor López seconded the motion. Motion carried unanimously.

    Yes: Butzbaugh, Alexander, Stone, López, Miggins, Ueland, Jaffe, Browning

    • Policy Issues:

    Toni Jaffe suggested that, even when officers do not literally violate any policies, she had some concerns about them possibly violating the “spirit” of community policing.

    Héctor López and Toni Jaffe both expressed concerns about recurrent courtesy issues regarding traffic stops and the issue of officers who follow persons for a mile or more before pulling them over. .

    Mia Butzbaugh questioned the police bureau policies regarding possible “pretext stops.”
  10. Pre-hearing: CRC No. 2003-X-0001 (IPR/IAD No. 2002-C-0274)

    The appellant was present.

    Vice Chair Stone re-summarized the pre-hearing protocol.

    Deputy Director Hess summarized the Interim Report.

    Mia Butzbaugh and Hank Miggins presented the case.

    • After discussion, Mia Butzbaugh moved to affirm the Police Bureau’s findings on allegations 3 and 4 and to refer the finding on allegation 1 and 2 to a full hearing. Hank Miggins seconded this motion. The motion passed by a vote of 5-3.

    Yes: Butzbaugh, Alexander, Stone, López, Browning

    No: Ueland, Jaffe, Miggins

    • Héctor López then moved to amend the above motion to include the fourth allegation in the full hearing. Denise Stone seconded this motion. The motion passed by a vote of 7-1.

    Yes: Butzbaugh, Alexander, Stone, López, Browning, Jaffe, Miggins

    No: Ueland,

    • Policy Issues:

    Bob Ueland and others recommended that the Police Bureau consider providing the 40-hour Crisis Intervention Training to more officers.
  11. Discussion of procedure for filling mid-term CRC vacancies.

    Auditor Blackmer explained the process by which he selected Mr. Doug Montgomery to replace Bryan Pollard on the CRC. He stated that in the 2002 recruitment process, Mr. Montgomery was the next in ranking, and that score of the next person on the list was significantly less than Mr. Montgomery’s score.

    Héctor López moved that Mr. Montgomery be referred to the City Council for affirmation. Hank Miggins seconded the motion. The motion passed unanimously.

    Yes: Butzbaugh, Alexander, Stone, López, Miggins, Ueland, Jaffe, Browning
  12. New Business: none
  13. Public Comment: Dan Handelman and Diane Lane, Portland Copwatch.
  14. Meeting was adjourned at approximately 8:45 p.m.