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HomeMy WebLinkAboutMN-CPB-2005-06-23N ITHACA COMMUNITY POLICE BOARD MEETING DRAFT C6)c ' ; , , M INUTES: Ithaca Community Police Board V PLACE: Common Council Chambers, 3 d floor, City Hall, 108 East G TIME / DATE: June 23, 2005 at 3:30 p.m. PRESENT: Commissioners Wigden, Laskowitz, Slattery, Whispell, Flannery, Hill, Passmore Chief Lauren Signer, Deputy Chief Curatolo, Nancy Falconer, staff. Absent: Gayraud Townsend, Council Liaison. Excused; Herb Nelson The meeting was called to order at 3:30 PM. 1. Approval of Minutes of May 26 2005 Corrections were made in the dates; (to approve minutes of May 26, 2005 and in the heading to May 26, 2005.) Minutes were approved unanimously with corrections. Moved by Jon Laskowitz and second by Flannery. 2. Comments by Public No one from the public was present to speak. 3. Report From Common Council Common Council was not present. 4. Report From the Police Department a) No action taken. 5. Old Business a) Tabling at Southside was discussed and it was decided that it could be accomplished with a minimum of board help available from Commissioners Flannery and Hill.. It will be tabled between 12 and 4 pm. 6. New Business No action taken 7. Adiournment to Executive Session, to discuss open investigations. Motion made by Commissioner Laskowitz, second by Slattery. five cases were discussed. 1) This complaint was founded. Vote yes by Wigden, Laskowitz, Slattery, Flannery Hill and Passmore.(Slattery) 2) Complaint held over because of Complainant out of town until August. (Slattery investigation) 3) Complainant has not returned calls, carry to next month. ( Wigden and Flannery) 4) New Case assigned 5) New Case Assigned h July 6, 2005 Re: Clarification of Procedures for investigations: Board members have expressed opposing views in the interpretation of certain procedures for the investigation of complaints submitted to it. The following is an attempt to clarify these procedures which were originally adopted and written for the Board's use, and some reasons why it is important that they be followed. 1. Under #5, Preliminary Review, in Procedures for Complaint Investigation, a) Quote: " Prior to the initial review with the Police Chief or Deputy Chief the complainant shall be offered the opportunity to meet alone with the assigned Commissioner to discuss the complaint process. " b) ....Commissioner will explain the procedure fully, ...including the right to have advocate with him/her at all steps....." c) ".....the Commissioner will inquire as to whether .... The complainant would consider conciliation." (meeting with the officer(s) against whom the complaint is filed in an attempt to achieve resolution without further investigation.) #6: After the meeting with the complainant, the Commissioner, Chief or Deputy Chief will maker a determination as to what further action , if any will be taken. There are several mentioned, but offering the officer identified in the complaint a chance to meet with the Commissioner and the Chief or deputy Chief is mentioned here. 7. Final Determination: Commissioner makes a recommendation to the full Board and Board makes a finding, using the CPB2 form, and notifies the Police Dept, the officer and the complainant of the finding and any recommendations. Page 2. The board's findings may be appealed as stated in "A Review of a Final Determination made by the Community Police Board." It is important to note that there are three basis that allow the final determination to be challenged and require the Board to vote regarding rehearing the complaint. 1. new evidence 2.evidence of prejudicial treatment toward the complainant.* 3.failure by the Board to have observed its procedures.* Conclusions: *2.It seems evident that if the Commissioner approaches the Officer(s) before speaking to the complainant, it could be considered prejudicial toward the complainant, as (s)he then comes to the interview with the complainant carrying the almost surely negative response of the Officer(s) before listening to the complainant. *3. Investigators will not have followed procedures as outlined. The only method of changing the established procedures is if the CPB Charter is amended.