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September 20, 2005

 
Minutes
Citizen Review Committee
September 20, 2005
 
Approved October 18, 2005
 
CRC Members Present:  Hank Miggins (Chair), Jerry Spegman (Vice-Chair), Gwenn Baldwin, Michael Bigham, Loren Eriksson, Lewellyn Robison, Marcella Red Thunder, Robert Ueland
 
City Staff Present: Gary Blackmer (City Auditor), Leslie Stevens  (IPR Director),  Michael Hess (IPR), Lauri Stewart (IPR), Linly Rees (City Attorney’s Office)
 
Police Bureau Members Present:  Acting Captain Jay Drum (IAD), Sergeant Robert King (Portland Police Association)
 
Chair Miggins called the meeting to order at 5:30 p.m.
 
I.    Introductions 
 
II.  Hearing: CRC No. 2005-X-0003.  The appellant alleged that a Portland Police
Bureau detective used excessive force arresting her ex-boyfriend and made demeaning
and threatening comments.
 
The appellant, the appellant’s witness, Detective A, and Sergeant B made statements to the CRC.  Former CRC member Eric Terrell was present in the role of coach to provide procedural support to the appellant.  Public comment was provided by Dan Handelman (Portland Copwatch). 

After hearing testimony and discussing the case, CRC members unanimously agreed to consider each allegation individually. 
 
Allegation #1.  Not discussed – no CRC jurisdiction.
 
Allegation #2.  On 12/3/03 Detective A and other officers tore the appellant’s home apart looking for the appellant’s ex-boyfriend.
 
Gwenn Baldwin made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Bob Ueland seconded the motion.  The motion passed by a vote of 7-1. 
 
Yes: Baldwin, Bigham, Eriksson, Miggins, Robison, Spegman, Ueland
 
No:  Red Thunder
 
Allegation #3.  On 12/3/03 Detective A was belligerent, yelling and telling everybody to shut up;  Detective A used inappropriate profanity: “motherfucker.”
 
Lewellyn Robison made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Bob Ueland seconded the motion.  The motion passed unanimously.   
 
Allegation #4.  On 12/3/03 Detective A inappropriately commented to another detective that the appellant’s niece had killed her boyfriend by injecting him under the fingernail with a needle. 
 
Lewellyn Robison made a motion to affirm the Police Bureau’s finding of Unfounded.  Bob Ueland seconded the motion.  The motion failed by a vote of 3-5. 
 
Yes: Bigham, Robison, Ueland
 
No:  Baldwin, Eriksson, Miggins, Red Thunder, Spegman
 
Loren Eriksson made a motion to challenge the Police Bureau’s finding and recommended changing the finding to Insufficient Evidence.  Gwenn Baldwin seconded the motion.  The motion passed by a vote of 5-3. 
 
Yes: Baldwin, Eriksson, Miggins, Red Thunder, Spegman
 
No:  Bigham, Robison, Ueland
 
Allegation #5:  Appellant withdrew her appeal regarding this allegation.
 
Allegation #6.  On 3/11/04 Detective A beat the appellant’s ex-boyfriend and broke (or injured) his arm.
 
Bob Ueland made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Michael Bigham seconded the motion.  The motion passed unanimously.
 
Allegation #7.  On 3/11/04 Detective A grabbed the appellant’s ex-boyfriend by his ponytail while he was handcuffed and swung him around, causing him to trip and fall. 
 
Bob Ueland made a motion to affirm the Police Bureau’s finding of Exonerated.  Loren Eriksson seconded the motion.  The motion passed by a vote of 7-1. 
 
Yes: Baldwin, Bigham, Eriksson, Miggins, Robison, Spegman, Ueland
 
No:  Red Thunder
 
Allegation #8.  On 3/11/04 Detective A put the handcuffs on too tight on the appellant’s ex-boyfriend. 
 
Gwenn Baldwin made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Marcella Red Thunder seconded the motion.  The motion passed unanimously.
 
Allegation #9.  On 3/11/04 Detective A called the appellant’s ex-boyfriend a scumbag and said, “I oughtta just shoot you right here.” 
 
Bob Ueland made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Gwenn Baldwin seconded the motion.  The motion passed by a vote of 7-1. 
 
Yes: Baldwin, Bigham, Eriksson, Robison, Red Thunder, Spegman, Ueland
 
No:  Miggins
 
Allegation #10.  On 3/11/04 Detective A told the appellant, “The next time I see [your ex-boyfriend], I’m just gonna shoot the motherfucker.  I’m just gonna say that he went for something in his pocket, and I’m gonna shoot him dead..”  He also made the comment to the co-complainant over the phone later and also told her that he would hit her appellant with his ASP baton.
 
Gwenn Baldwin made a motion to challenge the Police Bureau’s finding of Insufficient Evidence and to recommend changing the finding to Sustained.  Marcella Red Thunder seconded the motion.  The motion passed by a vote of 5-3. 
 
Yes: Baldwin, Bigham, Eriksson, Red Thunder, Spegman
 
No:  Miggins, Robison, Ueland
 
Allegation #11.  On 3/11/04 Detective A inappropriately used profanity:  “motherfucker.” 
 
Loren Eriksson made a motion to affirm the Police Bureau’s finding of Exonerated with a Debriefing.  Bob Ueland seconded the motion.  The motion passed unanimously.
 
Allegation #12.  Not discussed – no CRC jurisdiction
 
Allegation #13.  On 12/30/03 Sergeant B referred to the appellant’s niece as a “piece of shit.” 
 
Bob Ueland made a motion to affirm the Police Bureau’s finding of Insufficient Evidence.  Gwenn Baldwin seconded the motion.  The motion passed by a vote of 7-1. 
 
Yes: Baldwin, Eriksson, Miggins, Robison, Red Thunder Spegman, Ueland
 
No:  Bigham
 
 
[Jerry Spegman left at this point for personal business.  Marcella Red Thunder left for a family emergency.]
 
III. The minutes of the 8/16/05 meeting were considered for approval.  Loren Eriksson made a motion to approve the minutes, seconded by Gwenn Baldwin.  The minutes were unanimously approved. 
 
IV. Director’s Report
 
  • The second PARC report on shootings and deaths in custody has been released.  Comments and feedback on this report are welcome.
  • Community outreach:  Lauri Stewart is putting together an outreach calendar.  During the past month Director Stevens met with the Office of Neighborhood Involvement (ONI) and with Commander Sizer of Southeast Precinct.  She is hoping to meet with all of the precinct commanders in the near future.  On 9/22/05 Director Stevens and Ms. Stewart will meet with international dignitaries from Azerberjain.  Director Stevens and Ms. Stewart have been invited to meet with the Police Bureau’s citizen advisory councils.  They are scheduled to meet with the Arab/Muslim African American Advisory Council on 10/10/05;  the Sexual Minority Roundtable on 10/11/05;  and tentatively the African American Advisory Council on 10/20/05CRC members are welcome to participate in these meetings – just let the Director know if you want to attend.
  • Director Stevens and Auditor Blackmer are continuing to work on the 2005 CRC application process.  All applications for boards and commissions (including CRC) will now go through ONI.  It is expected that the recruitment and application process will be underway by late October or early November.
  • The PPB Training Division will be providing a training session at CampWithycombe for all PPB officers entitled “Perspectives on Profiling.”   This training will be offered on a series of Monday mornings.  CRC members are welcome to attend, but they must register ahead of time due to limited seating.
  • A new section in the directive on Recruit Training Sergeant Responsibilities (210.05) was handed out to CRC members.  Lauri Stewart presented an update on the Chief’s Forum.
  • Director Stevens expects the “expert review” report regarding the pre-hearing and hearing process to be available for CRC members by no later than the next CRC meeting. 
  • Appeals update:  There will be two pre-hearings in October.
 
V.  CRC Goals Matrix:  Lewellyn Robison requested comments by no later than 10/14/05
 
VI.  Work Group Updates
 
Community  Advisory Council (CAC) Work Group (Hank Miggins, Chair):  presented the work group’s mission statement  (to be considered for approval by full CRC at next meeting).   The next meeting of the CAC Work Group is scheduled for 9/29/05 at 12:00 p.m. in the IPR Conference Room.
 
Mediation Work Group (Gwenn Baldwin, Chair):  A handout was distributed explaining the initial work of this work group.  The next meeting is scheduled for 10/12/05 at 10:30 a.m. in the IPR Conference Room.  Subsequent meetings are scheduled for 12/14/05 at 10:30 a.m. and 2/15/06 at 10:30 a.m.  It is expected that confidential matters will be discussed at these meetings, during which times executive sessions will be required and the public will have to leave.
 
Policy Work Group (Hank Miggins, Chair):  Of the top ten policy issues, three issues have been selected as highest priority:  tow policy, protests, and PPB Training Division curricula and resources.  Director Stevens offered to begin preliminary work on the tow and impoundment policy.  Chair Miggins stated that another meeting of this work group is necessary.
 
Appeals Work Group (Bob Ueland, Chair):  The work group continues to examine the advisability of providing a procedural coach for the appellant and the effect of various room arrangements.  The next meeting is scheduled for 10/12/05 at 3:00 p.m. in the IPR Conference Room.
 
VII.  New Business.
 
Chair Miggins proposed holding CRC meetings every other month in a community location (outside of City Hall).   He also proposed scheduling featured speakers representing diverse groups and organizations to speak to the CRC about community concerns.  Chair Miggins proposed inviting Mr. Roy Jay to the next community meeting to discuss the Clean Slate program.  There was consensus on these proposals.  
 
Lauri Stewart is hoping to have the first newsletter ready for distribution in October.  If any CRC members would like to provide information for the newsletter, they need to get this to Lauri by no later than 10/10/05.  Work group chairs are welcome to submit information about their work groups (e.g., mission statements, upcoming meetings, etc.)
 
VIII.  Public Comments:  Debbie Aiona (League of Women Voters), Dan Handelman (Portland Copwatch), Freedom Child, Richard Koenig
 
The meeting was adjourned by Chair Miggins at 9:37 p.m.