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HomeMy WebLinkAboutMN-CPB-1998-8-13 _ o4TTygc'4, f.I15' OF LI'I-IA(;A rp '▪T� MS North Albany Street Ithaca. New York 11850 l Irk, ' tc/ COMh1f .Ni l A POLICI. BOARD ',MRoe?„- Irk pnonc, NC _ ,ovii ITHACA COMMUNITY POLICE BOARD MEETING MINUTES: Ithaca Community Police Board PLACE: Second Floor Conference Room, City Hall TIME & DATE: August 13, 1998; 5:00 p.m. (Rescheduled from July 23, 1998) PRESENT: Commissioners Jones. McGruder, Pryor, Richardson Alderperson Sams. Deborah Clover, CPB Staff. Faye Gougakis, Public 1. Commissioner Pryor called the meeting to order. 2. Approve Minutes of Meeting of June 25, 1998. By Commissioner Jones, seconded by Commissioner McGruder. RESOLVED, That the minutes of the June 25, 1998 Community Police Board Meeting be approved as published. Carried Unanimously 3. Comments from the Public: Faye Gougakis addressed the Board regarding the need for an appeals process. Ms. Gougakis had brought a complaint to the Board in 1997, which the Board determined was unfounded. She then appealed the Board's decision to Mayor Cohen. Ms. Gougakis believes that the Mayor "brushed off her concerns, and she made the following points to the Board: • Ms. Gougakis spoke with attorney Bob Sarachan, and stated that he told her that she has a right to appeal a decision. • The CPB told Ms. Gougakis that the Mayor was the person who handles appeals. • Ms. Gougakis stated that Mayor Cohen told her to go back to the CPB, and she believes that it is unfair to be bounced back and forth. • Ms. Gougakis is not happy with the process to date, and stated that she wants another interview where she can bring a witness and/or advocate. Commissioner Pryor addressed Ms. Gougakis's comments by stating that: • The CPB appreciates Faye's persistence in encouraging the CPB to consider an appeals process • It is partly because of Faye's request for an appeal that the CPB is now working on establishing a process. ■,, kiii.ii 1)pporanun c milk, ..i,i, , ,,.i,.m ,., ■■,d.■,1■ • dr.,,.ei,.w.,n 0 ITHACA COMMUNITY POLICE BOARD Page 2 Meeting Minutes June 25, 1998 • As previously offered, Commissioners Pryor and McGruder are willing to meet with Ms. Gougakis to discuss her issues and concerns and why the investigation and outcome was what it was; however, they will not rehear the complaint. It was agreed that Ms. Gougakis would contact someone to come with her as an advocate and that she would then contact Commissioner Pryor or McGruder to arrange for a meeting within the next two weeks. There was some further discussion of this case after Ms. Gougakis left the meeting, and Commissioner Pryor noted that Bob Sarachan stated that he told Ms. Gougakis that in any court in the country, a citizen may request an appeal if there are grounds for such action, although the request may not always be granted. The CPB felt there were no grounds for an appeal by Ms. Gougakis. Commissioner Jones stated that the CPB is a function of government, and if someone feels the Board has abused their function, they have a right to take the Board to court. Alderperson Sams stated that a citizen may also take a concern about the CPB or its decision to Common Council as the governing board. 4. Report from Common Council: Alderperson Sams stated that she hoped everyone read the article which appeared in the August 6-12 Ithaca Times. Commissioner Pryor stated that the CPB shouldn't respond directly to that article, but instead do some public relations to present an accurate image. Staffperson Clover reported that she recently spoke with J.R. Clairborne from the Ithaca Journal and told him we would like to do an article. He's receptive to that, and Clover and Commissioner Pryor will work together to produce an article. Alderperson Sams then reported that she had been told of spots on Casey Steven's show (WHCU) of police officers talking about her. Beverly Livesay, who heard these spots, will try to obtain copies of them. Alderperson Sams commended the Police Department for their quick response and professional handling of Hilary Clinton's visit to Ithaca with less than 48 hours notice. The IPD proved to be a big help to the Secret Service thanks to lead officers here who had specialized training. It was noted that neither the Sheriff's Department nor the State Police were called in to this event. The local security was entirely the IPD's "baby." It was noted that the April 23 letter to Mr. Jesus Barreto, Jr. omitted noting that Laurin Austin was present, at Mr. Barreto's request, at the April 20 hearing before the Community Police Board. Since the letter did note that Nilsa Barreto was present at that meeting, Alderperson Sams stated that she will talk with Norma Schwab to correct the documentation. 5. Report of the Chief: Chief Basile was unable to attend this meeting; therefore there was no report offered. 6. Comments from PBA President: There was no one from the PBA present. 7. Old Business: The CPB reported on the following topics: ITHACA COMMUNITY POLICE BOARD Page 3 Meeting Minutes June 25, 1998 • The brochure still needs some revision, and was not available for the Board to review at this meeting. This topic was tabled until the August 27 meeting. • Commissioner Jones presented a draft for an appeals process, listing grounds for an appeal as: a) new evidence, b) failure by the CPB to observe its procedures, c) and failure to accord the complainant due process. This final ground was suggested by Bob Sarachan and is a general catch-all phrase under American law meaning "fair play." There was some concern expressed that this phrase is too broad. Commissioner Pryor noted that in different situations, "due process" means specific things, so if this term is to be used, it must be clearly spelled out. Commissioner Jones will consult again with Mr. Sarachan about this. Commissioner Pryor stated the need for a step-by-step checklist for Commissioners when hearing a complaint. This will assist Commissioners in ensuring everything is done that is required by the CPB procedures. It will also aid new Commissioners in understanding the process. Staffperson Clover will work with Commissioner Pryor on developing this Further discussion on the appeal process led to the following decisions: a) The appeal must state the grounds for bringing the action. b) Notice to appeal must be received within 60 days of the date the CPB's letter notifying the complainant of their summary of findings and decision is mailed to the complainant. c) The Mayor will review the appeal within 30 days of its receipt and may either dismiss it or refer the matter back to the CPB for further action. The Mayor is the authority for determining if there are grounds for an appeal. 8. New Business: • A letter of resignation from the CPB by Commissioner Seligmann was distributed to Commissioners. Commissioner Jones noted that Seligmann had put many years of work and commitment into the Board and suggested that the Board send her a letter thanking her for her service. Other Commissioners, while not questioning her past work, were disturbed by the reason given for Seligmann's resignation and took exception to her statement that the focus of the Board had become confrontational. There was also concern expressed that the letter was copied to PBA President Drew Martin, and it was felt by some that this action undermined the work the Board is trying to accomplish. It was noted that the Board is dealing with difficult issues, and attempting to be pro-community. It is unfortunate that this is viewed as confrontational. 9. Adjournment: The next meeting of the Community Police Board is scheduled for August 27, 1998 at 3:30 p.m. in the Second Floor Conference Room at City Hall. • On a motion by Commissioner Jones, seconded by Commissioner Richardson, the Community Police Board adjourned into Executive Session. APPEAL— GROUNDS AND PROCEDURE An appeal may be taken from a final recommendation of the Board only on the following grounds: (a) new evidence advanced by the complainant relevant to the complaint. (b) a failure by the Board to observe its procedures, or (c) a failure to accord the complainant due process. Notice to appeal must be received at the office of the Community Police Board, the office of the Chief of Police, or the office of the Mayor of Ithaca within 60 days of the date that the Board's final recommendation is received by the complainant. The Mayor will review the appeal within 30 days and may either dismiss it or refer the matter back to the Board for further action.