December 8, 2022 — Police Oversight Panel Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] I need to. We need to double check with Teresa about whether we can record a legal training. but yeah, we I I mean because we recorded because we haven't had a legal training. but the other trainings we did in the conference room at the Boulder Police Department, Joey recorded for future panel members. Yeah. Great flow. I think you're muted so it might be it might be valuable for you at least. maybe not this coming Sundays training, but the more comprehensive trainings that are designed for new panel members and current ones who want to participate. it might, it might be worth your while to record those training sessions, so that if new people come on and training is not available, they have a resource.

[1:06] Yeah. agreed. I think that's something. Probably eventually would be nice to have on the sharepoint or something, some level of of the trainings, especially as we bring on on new people. I know, in terms of other trainings that Flow and Oir has put together a list of kind of suggested trainings that they think for different panels has to have been successful and and helpful. So just wanted to give space to that as well. So I don't know Daniel. Go ahead and just hand it over to flow to present the or the floor, Amy, to present the meeting training so we can get those approved today as planned. Well. I wasn't prepared for this. But yeah, we the Oi, our group Mike

[2:00] and I and Teresa. and as well as another member of or discussed. what based upon my are working with the panel? What types of training like we thought would be valuable, and our focus in particular was on January and February, when we might still be engaged. And we thought there should be and this is something that city officials would be conducting orientation training that covers the role of boards and commissions. The history of this particular panel, a general overview of responsibilities and your authority code of conduct, legal training. I think this could appeal. A could include Teresa, and I would have to talk to her. Theresa Tape, the city attorney talking about appealing disciplinary decisions. and just a review of all the the websites and city email the sharepoint system. How you get paid for your stipend that sort of basic thing. That would be approximately 3 h.

[3:09] And then we thought that our group could make a presentation. Basically what is your job. And how do you do your job? I titled, and the complaint? Yes, real quick. Sorry. Amy dropped off. And so it so. So Panelists received the draft trainings document. I'm wondering if someone could throw that up on the screen for the public. Yeah, Corey, Can you share that which one is it? I I was trying to get you in training module proposals. Is it in the sharepoint? It is under the meeting. Okay? Oh, today's meeting. Thank you. Yeah.

[4:04] Share my screen. Can you all see it on my screen? But I guess it's what we're gonna do. There, you go now. I didn't launch the text the first time it just enlarged the like browser browser. Yeah. So in fact, yeah. So that's some a training that city officials would conduct that would not involve a or group. But we did work with the city, and coming up with this list of topics. and i'm I Just in listening to the discussion, I made a note to myself that I think it might be worthwhile for to reset to discuss appealing disciplinary decisions, because that's very unique to Colorado all and they collect a bargain agreement.

[5:17] The next one is your role in the complaint and disciplinary process, and we envision some of this being interactive, like using a occurring, or from a former case file. And how you look at cases and how you reach decisions. so this would discuss how, Where? The source of complaints, what happens to complaints, the where complaints go, what the role of the monitor is the monitors role of The Department Supervisory Review Process and the panel's role in deciding whether to conduct a case, review or not. What a case review is and what? And then how to do a case Review: how to negotiate a case file? what are the different dispositions?

[6:12] How do you reach this decision? What are the applicable? Generally applicable department? Roles and policies? what how You reach Disciplinary decisions, what the Departments Disciplinary policies are, including the current matrix. the monitors authority to make independent recommendations. The administrative hearing process, the chiefs authority with respect to dispositions and discipline. and the group, the grievance and appeals, process and arbitration. Not in much, I think. Maybe, to recitate to talk. Take that on a more depth. we thought that their Sergeant magnificent is very, as you know, integral and hit the professional standards unit.

[7:00] They made a presentation to the panel last year. Have a copy of that Powerpoint he wants to update it, and he should, definitely, we think, make a presentation to the panel. the Oi. Our group thought that that they we we we would provide a primer on civilian oversight of law enforcement basically what it is, this sort of the history of it. Oh. what the different models are around the country, and where the boulder sort of fits in within the context of what exists around the country. Yeah, you know how its powers compare to other models. It's not dissimilar to many other models. By the way. what makes for an effective complaint process? and other aspects of civilian oversight, including public communication strategies, outreach strategies. It's just sexes and failures, and what ours lessons have been.

[8:06] then. oh, I are Also, I hope, Mike, you're listening because I maybe I, You want to talk about the principles of accountability. Module that. you would put on this, Mike. Yeah, I mean, it essentially is an attempt to try and talk through beyond the nuts and bolts, but also sort of philosophically. You know what this whole accountability system is all intended to do and mean sort of sort of getting into the purposes for the whole system. And you know learning more. And then using that discussion in an interactive way to try and come up with one

[9:06] a better understanding of of each everyone's role, and how to make this as a effective, efficient, and helpful understanding. Everyone has somewhat different roles. But how to blend those roles in a in a meaningful and in helpful way. So what what? This would this would be interactive? This would not be a a lecture format. And and my colleague and I have done this before, and I think well Flow talked about the nuts, and both of how you do the work. this is really a a presentation on why you do the work, and what the what the intent is, and what the value is. Thank you. the other training modules that are listed here are. They were previously provided to the panel, so I just put them in. some of them are recorded this training how the department trains its officers on values and ethics. There's a recording, and it's on the sharepoint drive.

[10:15] anyway. Those could be scheduled later in the year. But we were focusing on January and February when we expected to probably still have a role as inter a monitor. and we would kind of need the Board to approve it, and then we could work. We don't have to do it. Now. We can work with Amy and the panel. I sorry I use the word board, because i'm used to that. But the panel and Amy, and try to schedule without killing Everyone's social life Schedule a couple of these on weekends in the winter. so can I ask for the O. I our trainings. The training is coming specifically from y'all

[11:03] Will we be able to record those to share with future panel members or alternates. I like Mike absolutely. Thank you great. I also just want to flag to something that I think would be important. Oh, sorry, Tisha, I missed your hand. If you'd like to go first, feel free. Okay, Thank you. so I guess you know I really love the flow of this, and I I do pun intended, and I do again. I think one of the challenges of the last session. was. you know, not enough focus on the oversight role. and so I really can see that gap being filled in a variety of different ways and balancing out. I also love using recordings of trainings that are already done. Instead of repeating them, I mean, we can certainly improve or do the next version, but certainly Don't want to keep doing one on one. And and and really leveraging those recordings. I do have some concerns

[12:02] around just how many total hours. We're trying, because, unlike, when we did our first round, we we were doing that. We were also doing by log. But now we have case reviews, which you know, I think is more I mean I mean I just i'm i'm just more mindful about the time, you know, between the other requirements of the role and the training the other pieces I felt like it was very front loaded all of our training. And so, having, instead of, you know, everything was in the first like 3 to 4 months. and so i'm also curious if there is a kind of a coming from an education background, a a scope and sequence, or kind of pacing around when you know, is it more appropriate to have certain items? you know what what the priority you know, and just kind of from that perspective as well as you're putting it together. So I mean, it would also may be helpful to have kind of a table with just how many hours, and you know who's silly and what i'd also love you know again to explore. Obviously the Oir group, and I know flow. You work with

[13:05] Nicole, but we do have a membership, and I'm. Curious what other trainings we may be able to get from them from people who Haven't actually worked so directly with us. so that we have a little bit more balance. So those are some of my initial comments and reflections. But in general I'm just really blown away by how this dress addresses my primary concern from the previous training series. Thank you. Well, I appreciate your questions, Tisha. we we put these in an order that we thought would be value. We actually put them in the order we thought they should be provided. Who there is. In fact, in one session I put on a footnote where there's a free, it's there's a free nickel. Webinar. I actually did conducted it, but it's available on the website, and it's about how to analyze evidence and reach dispositions and burden of proof that's free. There are other trainings

[14:00] on the Nicole website. I can go back over and see what would be valuable, but you can definitely take advantage of free may call trainings in your free time. That might, you know they are on a whole variety of topics. Then they're under training and webinars on the Napole website. Thank you. I appreciate that. And and again, I think there was also, though because we are members too. So I i'm fine with actually paying for things that we need. and so, you know, we have this relationship with Oir now. But as the panel moves on, you know, we also want to just think about sustainability, and who's going to be doing the trainings and those kinds of things. And so we'd really love to maximize that relationship after we, if we don't have this relationship with you all anymore. So it's Well, just we. We and Nicole have been discussing. you know, developing a paywall for certain recorded trainings we have that are not available for free. But we haven't

[15:01] done that yet, and Nicole's training is typically with the training that they call most frequently does is on what is civilian oversight and models, and that it's it's not. We don't do full use of force training. For example, it's typical that the police departments provide the same type of training for their officers that and provide that to the board or panel and so I know that you have a a question still in the hopper. Ari, but I just had a follow up around the opportunity as well to maybe even engage with more community members and community organizations that have a key issues, or you know what I mean. I think, like juvenile and social workers. you know, I think there may be some opportunities to do those kinds of

[16:02] you know. you know i'm thinking of Jen over at feet for forward, and you know again, you know, I I think there might be some opportunities to do those kinds of and again I don't know if there would be so much training the other pieces, you know. I would also like to add kind of a training schedule, and to that that would be the annual conference that Nicole, old and any other kind of additional training opportunities that may be available to those who serve on oversight panels, but that may not be specific to boulder. Thank you. Thanks. I want to. I record. I see that Amy, Victor and Sarah have their hands up, and I just want to jump in quickly to say that Corey, just for note taking that, I think one of the biggest things for the new panel, and the new co-chairs is going to be figuring out the schedule as to you should just just raise to of what is the timing like of this. I will say that I felt like our trainings were a little bit while we got everything we needed. I think there were a lot of trainings we needed, and Joey was was new to the role to here that it was a little bit haphazard in terms of tracking.

[17:05] who was actually at which trainings there wasn't, you know, like a sheet kind of of of Here's all your trainings, and and these are the ones you have to do. And and here's the ones that are recorded that you could watch on your own time. And I think that would be really helpful for us to have kind of a systematic schedule, and I think also something that we have to be determined is which panelists need to do trainings over again. And how often we're thinking that people need a refresher on trainings versus what are one and done? You've done it, and you don't need it, or you can attend optionally, and which are kind of mandatory, I think, is going to be especially if these new ones from the equal to is gonna have to be a determination, as considering people's time commitments as well. So so what's optional? What's not? And are there ones that could just be kind of refresher's that you can opt into. So I i'm just gonna go down from what I see. So on my screen. I see Victor first.

[18:07] Yeah, I just wanted to say on the first training, the orientation. It would be awesome if one of someone from the panel was there for that orientation, as they talk about. just what it means to be on the panel. and it's presented by a city of Boulder officials. or just the idea that one of us is sort of like mentoring people through this versus like, oh, my God! What is all this that we have to do? I? It was in the interview process. And you know the last question that we asked him was about this time commitment. and people weren't really made aware of how much time to the minute is. and so we did do some follow up emails to folks. Let them know that there is a commitment, but I get. We don't want the shock and all. we just all this in the beginning.

[19:03] On top of case files. The second one is to that that sort of comment about haphazard. Some of those recordings are also haphazard. I remember Joey fiddling with his iphone, and what not. So my point is, i'm not sure the quality of some of those recordings, so they may have to go back. and just be looked at to make sure they're up to standard. and then the use of force training. it's a critical training that the in person and the officers training facility was very impactful. And so like that can't be recorded in Washington. Video: you need to see in person how officers use force, how they decide to use force. And so I would say that some of these simply just can't be, but but need to be, you know, seen in person. because use of force is one of these things that we talk about. So being able to understand how they operate using that.

[20:01] it's very important, and that's all I have. Sorry Sarah at the risk of being contrarian. and I do agree with Victor on some of the some of the trainings, for instance, use of force is very interesting. I am more and more concerned at the overall explosion of long trainings and additional committees sort of 2 topics. But for instance. the training this Sunday. That is what 2 h could be. A memo dos and don'ts. and i'm wondering how much time we haven't even discussed a single case, and it's been an hour.

[21:03] So where are we on focusing on the core role of this panel versus discussing, taking hours and hours and hours of out training for what should be a citizen panel. And I think that's just my my commentary. I I appreciate that, and that's something that's been on my mind. Sarah is the the the efficiency of our trainings. And that's why you know, with this Sunday training it's it's it's in an inefficient way of doing it. But I think I think it's a good example of how a failure in training in the panel threatens the mission. and when we have it, when we don't, have the information we need, and when we

[22:02] we don't have the information we need on how to conduct case reviews, and and to to do the business of the panel. It it threatens our mission. And so that's one of the with the orientation training, I think, in particular getting that training on how boards function for our new panel members from the outset. I think that's crucial to get that out of the way so that we can get onto the mission, and that was part of the thinking with Sunday, and the reason we needed to do it so soon is to get up to speed very quickly, so that we can get on mission and back to doing the work with the comfort and confidence that we have the information we need to do the work well, and and then our full capacity. Amy. I was just gonna chime in during the nickel discussion that you all need to create your logins when you sign into the Nicole website. But your names have been submitted to the city list.

[23:12] Great, Thank you. Anything else on this right now. I think we're going to. Oh, sorry! The you know little thing on the side. No worries. Thanks. I just wanted to say that I really appreciate. this training list that flow has put together. I think it's awesome and really comprehensive. and honestly, you know, helps fill in some of the gaps having been to specifically some Nicole training. then at the conference, they are unbelievably helpful in ways that I cannot express. And so I think that having more educated panelists is never going to hurt us.

[24:04] And you know it's It's part of the work Personally, that's how I feel. So thank you. Great I would recommend we take our break now, just looking at the time before we move to committee report, so we don't have to splinter them up. And yeah, that that way we can take our break and then get through. Get through all the committee reports so 5 min and we'll get back at 7. 30. That work for everyone ever. And say, I didn't mess up the time. Great.

[29:48] All right, everyone. If you could start making your way back. Thank you.

[30:01] and I will be handing over to Daniel for the second half of the meeting. Amy, is that an old hand or a new hand. You have raised ancient ancient hand. Thank you. Okay, in that case a welcome back panel members. We're gonna move on to our committee reports or sorry that we we did have one last. So the one last thing with be be pop training. we sound like a a team band. can we go ahead and vote now to to have Amy and flow Proceed with beginning to to work with us to schedule these trainings. so that's the motion so a motion to approve flow and Amy to move forward with the yeah. Taisha.

[31:09] I yeah. Sorry. I? Yeah. So just voting to to authorize Amy and flow to begin coordinating those meetings between us and the new panel members. so to to start. So that so, what am I saying? we approve this flow of trainings, and to have flow, and Amy begin the work of getting them scheduled with the new panelists and us. Oh, i'm not sure if i'm quite there yet, because I do feel like again the issue with the timing hasn't been addressed we haven't decided, which is mandatory, and which aren't and we didn't decide what we're in person, and which we're virtual, so I mean I can. So i'm I'm, that's where I'm. I'm torn great. How would you suggest? We proceed, then you know I mean we can give them approval. Thank you. I. Is there possible to get another iteration? Chico has his hand up. Do you have a recommendation

[32:07] not putting a timeline to this? What we should be approving is the material or the training that is supposed to be undertaken. That's what we should be voting on the logistical framing, but more so just the topic areas. Yeah, Amy, go ahead. They get approval at the end of next week. So then so great, so the motion, then motion to approve the topics. which of course, means we can add topics later. But to go ahead and approve these topics, and to authorize Amy and flow to get our orientation training on the books

[33:04] any. Yeah, Victor, I think that should also include the second training. They also a 2 to 3 h. The role on the complaint and disciplinary process. It seems like it just a easy foundational training. if the expectation is, they'll be doing case reviews in March, and sooner than that. I kind of need to know why we're here and based on the interviews. People don't know what we here, what we're here to do so just to clear that misunderstanding of Early got it, and so sorry i'm just pulling this up to double check, so I can. announced the full name of the training. So the motion is to prove topics and ask Amy and flow to schedule the be pop orientation training and the be Pops role in the complaint and disciplinary process, training

[34:06] just waiting for any. If anyone has any thoughts giving it some thinking time cool. Is there a second for that motion. Then at 2 s second square all in favor. Hands boom, boom! And that's a majority. Thank you. Thank you, Amy, and flow, and the whole whole. Oh, wow! Should have done my warm up beforehand. thank you to the to the whole Oir group, and Amy for getting this all set up and and thank you. An advanced panelists for committing to these trainings. I do know it's it's a heavy left, but it's an important one for us so moving ahead through our agenda moving on to committee reports, I'm. Going to hand it off to Victor and taisha co-chairs of community community engagement and Communications Committee.

[35:04] Awesome One moment. Thank you so much. I'm going to go ahead and share my screen. And, Sarah, you'll be happy to know that we are consolidating the governance and communications into one conversation, and perhaps, as we think of sorry ways to there we can find some other economy to scale around. So just wanted to talk about and actually tag team with Hadasa on the Governance Committee. So I was able to participate in the Governance Committee as the communications liaison and We were able to chat about some some issues related to transparency and ongoing case review protocol. So I will go ahead and turn it over to Hadassa to give us a little bit more there, there, and particularly as it relates to some of the issues that we've been facing. So

[36:08] Yep. Thank you. Let me just pull up my notes. I am speaking directly. Okay. So you are talking about the transparency specifically. So we we're looking through. So a couple of things specifically for governance. We're going to be kind of modifying the way that we do our meeting, and, like I mentioned earlier specifically approaching, you know, having sort of 3 3, I 3 sections that were sort of tackling and putting together proposals at minimum annually. it could be, you know, maybe quarterly or by annually, for for bylaws more frequently. But I think for ordinance. An annual proposal would be ideal. for you know. And like I said for bylaws, we can look at that. But but basically we would have anything that we like a running log. These are the things that we want to update. These are the amendments we want to make.

[37:07] Put them into play. And so the the 3 sections, like I said, would be the Ordinance section by Loss section, and then our other section specifically and so like things that are sort of in the policy or greater recommendations that aren't necessarily within the scope of our ordinance or our by law, so things that are directly within our control, but things that we would need to work with the community to to do to complete right. And so. those kinds of things, you know. We look. We were looking in the ordinance, and specifically the the the 2 items that were of interest were Section 2, 18, f 4. So we're talking about

[38:01] I'm sorry. Let me get the a section title. That's the incident. Specific community forum. Yes, yes, yes, i'm looking for the title of the so that's specifically the police oversight Powers and duties. Section and Point 4 says that we may conduct periodic evaluations of the complaint, intake, and handling system to identify process improvements. and sorry you did make it so I can share. Let me do that. Oh, no, I cannot share. We'll add it in the meeting. Note. Okay, perfect. so basically that's that's the ordinance. But it talks about specifically that we can conduct periodic evaluations of our intake and handling system and identify process improvements, and ensure the complaints are being treated fairly and with due diligence. So that is completely within our scope. And I think that's something that we would

[39:00] really appreciate working with the community on, and you know, getting some community input and it those kinds of things, and what other methods we want to figure out for gathering good information. and for doing our evaluations. Anything else to add to that one. Yeah. you okay, maybe perfect. And then the other one was the community concerns. Is that where we are okay, perfect, and then 2, 18 G. Which is also within our power and duty. Section G. One says that we may provide a forum to gather community concerns about incident, specific police actions, and may receive and forward complaint information to the Monitor's office for processing. so we. you know that's I think I can let you. You should talk about. But we were. We were talking about specifically working with the community.

[40:06] you know it specifically mentions gathering a form for the community. And so that is something that the community outreach outreach committee and Taiisha, as part of that committee was interested in, and I will hand it back to you. Sorry that was very long. We've got to be able to talk to each other and and not everybody to be able to make every day. So. so yes. And I think this came up because we did get, after all of the confidentiality. And you know we were, you know, asked to to stop on any meeting with more than 2 members, unless it was a monthly meeting or a committee meeting, so we really wanted to make sure that that wasn't going to stop us from we had already initially had had a community meeting scheduled in December, but because of that we put it on pause. So we're excited to work with others to to be able to get something on the books, and also maybe even have it be a part of the meet and greet with new panelists. Then you know kind of a a larger conversation around the status, and what we've seen, and what they want to see.

[41:07] we also wanted to acknowledge be pop in the news with several articles written about the police oversight panel as well as the Boulder Police regards Department regarding the latest cases. that the chiefs did not sustain the by pop record, and I talk recommendations. related to the the case with the the 5 officers as well as the online submission complaint, file tech issues and the resignation of Martha Wilson. And so we also were able to start discussions around multiple communication pathways to re engage with the Naacp of Boulder Calendar County in light of their critical role in the revision to the ordinance participation on the selection committee and their leadership in the communities that we serve. we also talked about

[42:01] the monthly updates to city council and their board book and dashboard. Has that been discussed before my apologies? I just I I skipped over that. So in addition. sorry, Hadass, I forgot to continue the community the governance update. We talked, and actually we had been talking about this I actually brought it up at the last monthly meeting as a strategy that is used in other places and already in boulder boards and commissions have an update. Not all of them, but many of them do. And so I know that the city manager's office was considering a quarterly update. But considering how fast things moved, we thought that it would be more appropriate to have a monthly update, and then the dashboard actually refers to that beautiful table that Joe sorry that flow put together with the case studies, and it will be. and you know I just that was the dashboard that I had hoped for when we had to discuss something like that when Joey was on board, and we had initially started. So that's what that was referencing specifically. we have talked to the city the city manager's office, and

[43:05] you know that is something that they can accommodate, and and also this wasn't only for transparency, the city council, but also that notice and information is available to the public as well, so they're not always have to go into our website, but we're giving multiple pathways for them to gather information. Any other questions awesome. all right. We also talked about the chief meeting, and it was a real honor to be able to facilitate that conversation. Always really helpful. Those are public meetings, but they are not recorded, so it's really important to for you to be there. But Some of the conversations that we had were about the complaint system being down for months. the city office of technology. Jennifer dug and did an exceptional presentation, providing us with more background of where the status of their technology and their tracking systems were

[44:02] when they both. Chief, the chief and the office, the the office of technology are relatively new in the last 2 and a half years. And so it was a mind-blowing to to realize that there were as many structures in place as it related to data collection and transparency, etc., and to see what they provided was really wonderful. I don't know if the presentation that she provided is available, but I thought that would be really helpful. We also talked about the panel Confidentiality and transparency tensions. and really had a great again. The obviously the open meetings conversation. but that's also where we discussed perhaps the opportunity to put things into writing. If there's any kind of questions on an ongoing case, that case review and so the Governance Committee will continue to work on that as far as the potential by law. so that if the chief or anybody else similar to as we're reviewing the cases. If we have a question to the professional standards unit, we put those questions in writing. And again, we want no impression of intimidation or anything like that. So we have to be very mindful of that. we also got an update about the ordinance. So Thank you, Daniel, for sharing the updates that Teresa is making just the first go. that will help us with some of our communication. Been clean up now that we've been in it for a couple of years a couple of years. the resignation of Martha, and it's really been tremendous.

[45:28] Martha did participate in our governance training a governance committee meeting and has been very communicative about working in tandem, as it relates to the updates to the ordinance, and continuing to push on those areas that we all are are our whole dear to us, and want to activate around it was also powerful to hear from the chief around how she sees the panel in 5 to 10 years one of the cake take away from that conversation was wanting to. When you see police that they are here to help you, I mean, that's a simple but really powerful vision. And it was really wonderful to have that a conversation about the chops shops, and how come complicated that is, and registration for bikes and all kinds of things. So there's going to be a huge communication effort around that.

[46:15] and then any kind of new powers. And again that conversation kind of devolved into the role of the arbitrator, and getting more information around that, so that the panel can make stronger recommendations, particularly when we're recommending town termination, which tends to be the area where we disagree with the chief, if at all. Anything that I missed from the chiefs meeting. I don't know, Dana, if you had another item. But while we're here I just figured we can at the meeting, so I want to make sure that's clear that there there is quite a few members of the public. Okay. Oh, awesome. And I might have to sing that because I was online also. Yeah present, we just we. We didn't do public comment, but announced that of course we do a public comment. This. at these meetings. but I was just gonna say, Tisha, thank you for sharing the update specifically on the police chief meeting. I think that's a good idea for us to continue doing going forward at these meetings.

[47:12] And that's it, Victor. Did I miss anything or anything to add? You also? Co. Facilitated the meeting with the team. it was really helpful to to have that. Oh, No, there's nothing I would add. And she did talk about trying to increase interactions. And so that's why that invitation to that ceremony came to our emails because it was again, just the theme of being able to. just, you know. See what they're doing over there? and not just meeting once a month, but having some sort of relationship. and that's it. Picture demand for the public to share, and what ceremony it is, and what email came. so there's a

[48:00] new cadet ceremony. that's happening like a graduation ceremony. so all the panel members were invited to attend that in person. Jamie, I think you're muted. I just want to make sure. Okay, cool. yeah. So I think we will. basically have proposals together. What we're. One question we had was about the so for ordinance Amendment proposals. we were kind of hoping to also you know. Take a look at maybe some information from the annual report and kind of seeing if there's anything we can glean from that and so

[49:05] it wondering what the timing of 20 twenty-two's annual report would be. Yes, that's right. you know theoretically nothing no like hard hard date, obviously, but more just kind of like. what we're. If if we haven't a potential timeframe, or who is going to be putting that together, or all of those, all those questions, so that yeah, and and then the annual report will be. It's just occurring to me that'll be the new Co-chairs Who work with the monitor to produce that, and of course i'll still be here if you know to to advise it how it happened last. Go around since Jo and Rl won't be here. So Here is a resource for that for sure.

[50:02] so I will not meet it there, and we will bring it up again in our next meeting, and see what kind of timing we can get for for that. So so basically, like I mentioned before, we're looking at once. You know, I ideally annual recommendations for ordinance updates. Those would go to the city. Of course those are not for us, and so. you know, we can kind of formalize a process for putting these sort of amendments together. But basically we have that's what That's what we're thinking, working with community working with legal working with city manager working with basically any parties that will want to work with us. to help make sure that we have considered any potential ordinance updates that we would like to see for the city. So yes, Amy, I see your hands as well. Yeah, thank you so much for that. so I think a couple of folks have been

[51:07] in the conversation about having Martha help facilitate that work, and that was one of the things we just need approval from this. this panel on. Yes, Theresa is working on just some of those media immediate changes. but the further changes the hope would be that we would start those once that the panel has been seeded and the new Independent Monitor, and then I would work with Martha to kind of start scoping. What that plan looks like for the timeline, hoping to start launching that in first quarter of 2023 regarding the annual ports that happened last year. I believe in April. So we're gonna have to work. How we make that happen this year. and hopefully concert. If we don't have an independent monitor at that point flow. Perhaps we can talk about what that might look like in the involvement with the i'm a hand up about the annual report, so I think I think the last year it didn't come out officially until June or something. Did it come out in April? I didn't think it came out, really, but I, anyway, it was the first one and all the things that I just, I think the reason why had Dasa and I had talked about March is because we just felt like it.

[52:15] It was too late last year. And and how do we speed that up so again, David? You know part of the reason. It was late last year as well. We postponed it because we needed to hit a hard reset on working with Hr. In the in the panels. so sorry Backing up. So the co-chairs facilitated the assessment of the monitor so the annual assessment of the Monitor that goes into the report. and so a a and I needed to step back, and we're closer with Hr to make that happen. And so I think that postponed the report by as much as 2 months. because we wanted to get it right, and we wanted to make sure it was done right, and Bill on a good precedent the first time around. So so the report was actually released a couple of months later than Joey had initially intended it so so just, just providing that background and reminder.

[53:11] I'm also seems to take your head flow. And I I think our thinking, with the having some community meetings and conversation to get the, you know. And again it could be in tandem with the city's office. But was to inform the annual report, and the remaining recommendations that we're making there and then. That would be one part that would be included to this larger city conversation and some of the other stakeholders. So that was the initial thinking there Got it. Yes, wonderful. Thank you. Yeah. And I think you know we were. We were hoping for within the first quarter. And so, you know, if we can. You know it. March April. I think that would that would definitely help us. And so the idea is that we would do sort of this like I said. Annual inventory once a year. Do this proposal. so this would be moving forward. Not just for this year. but every single year. we would want to review both the ordinance and our bylaws and make sure that we are

[54:11] buttoning up every anything that needs to be buttoned up answering any questions. and also not trying to do a bunch of different, you know, clogging everything else up. And so we want to kind of streamline that review process. and the amendment process basically. So that's what we are proposing. annual review for both of those and I think as long as the panel is okay with that, then that's what the Governance Committee will move forward with. That's something we need to vote on. I would appreciate a vote. And one thing I was going to mention, too. We didn't get there before Joey had left but his intention. and I think the Panel's preference was for, in addition to the annual report to be doing quarterly

[55:00] smaller reports from the Monitor. and so that's something to keep in mind as well as that, you know that's something we hadn't launched yet, and so that we might get that back on track. But yeah. adulthood. Do you want to? Just clearly re-state the motion and we'll get a second and then a vote for it. Annual proposals from annual like compilation and Proposals to City Council for ordinance and to the panel for bylaws for amendment motions. Basically you know, aside from anything that may come up, that's urgent. Obviously we have that power. but this would be sort of once a year. Send a document in an email. Everyone would look at it. You know we would do an official vote in an in a in a meeting basically is is the motion. Is that a second taiisha or a question?

[56:00] Thank you. all in favor. Hands 1, 2, 3, 4, 5, 6, which is a majority so moved. Potassa. Does that complete your governance report? That is everything. We did not have any members of the public. It was just taish, and I and Martha popped in for a moment. And so, that being said, we definitely welcome the public to any of our community meetings. They are all posted. the virtual links, and everything is on there. and we definitely welcome any and all input we appreciate it. So thank you. That's all I have. Thanks, Adelaide. And so Martha Wilson, who hit, who recently resigned, was our chair of the Legacy Review Committee. And so one of our top priorities, when we bring our new panelists on will be, of course, assigning panelists to new committees. but then also electing a new chair for the Legacy Review Committee.

[57:08] Tisha is that on old hand or a new hand in the air? Old hands? Sorry. I will say. just real quick for legacy. We did not have a meeting this month. I did have the linked live so in case anyone from the public wanted to pop in, it was available. But other than that. that's it. thanks to Dasa. And I see Chico Chico first, and Sarah. Thank you. Yeah. But I I just looked at our calendar, and there there's 2 meetings for legacy in one month for the first and the twenty-second is that right? That doesn't look right. Some should only be once a month, but we'll Well, I think we'll firm up the date once we have hopefully new committee members, and then we can pick the exact date. but for now we'll have cory updated to just once.

[58:03] Okay. Thank you. Thanks it. Awesome. Thanks. Chico. Sarah. Yeah. Out of curiosity. The like the Legacy Committee is meant to review old cases. Yes. and oh, do you want to answer? Sorry I saw you? God. sure. so it was for the section of the ordinance that is specifically for data and historical review. So like more big picture trending metadata analysis as opposed to specific case analysis and kind of looking at, you know, trends that we see moving forward that way into and and to reiterate that you know the dis the memo the ordinance gives us the but grants us the authority to review cases before the chief has made a final determination on them.

[59:03] At which point it becomes a a case that's outside of our authority. Okay. My thoughts questions. Well, Okidoki, then, thank you. Committee chairs. and I really look forward to you all, having many more members. Once we have brought on our our many new members that are coming aboard. I think we're We're feeling the We're feeling the strain, I know, and I just wanted to take a minute in the committee section to express my gratitude for getting through this year. and the extraordinary work you all have done on the committees and and I really look forward to to filling our ranks in January, plus those those new members on top of the 9. We used to have to take that load off and committee chairs in particular. Thank you for everything you've done in all your service.

[60:03] You're just extraordinary. I will go ahead and hand it over. Now to the interim. Independent Monitor. Report all yours flow. Can you? allow me to share the screen? Just 1 s. Let me get a co-host. Okay. you should be good. To go now hi everyone on behalf of the Ohi, Our group I'm Florence all the engine interim independent police monitor, I most of you know, but I just want to make sure. Everyone knows that beginning December fourteenth, through the end of the year, I will be out of the country, and Teresa Magdala from Oi, our group who's in attendance today will be taking over, and they're already 2 case reviews scheduled for that time.

[61:24] With respect to the full case, file review data. They panel completed 3 full case file reviews in November. there none of them are pending. there are no a panel case of use pending department disposition. We have 2 case reviews scheduled, and 5 are pending, scheduling. when the department completes its eternal investigation. I have a number of cases which to report on where the panel conducted a full case file review, and the department

[62:05] they it's final determination. The first is the serious misconduct case o 3 o 3 of 2022, and in this case officer was in a patrol car in a parking garage. When a car saw the police car. It reversed course and did not stop the officer, and properly use a stationary vehicle. A mobilization maneuver also called a pinch that's used to in a car. It's slow speed. He arrested the occupants at gunpoint without probable cause, because he suspected that the car was stolen. and he did not activate his body more on camera when required. There were a number of allegations, improper arrest, and proper use of the pinch maneuver, and not turning on a body warned camera when required. The panel recommended that all these allegations be sustained, and the panel recommended termination.

[63:08] It also recommended that the Department ensured that all officers understand what a proper pinch maneuver is in this case the Oir group as independent interim monitor we agreed with. We made an independent recommendation. We agreed with the panel that all the allegations should be sustained, but we differed on the discipline. we recommended that the officer be suspended for 7 to 10 days he retrained on probable cause, and the law of arrest and the pinch maneuver and the activation of body warrant camera requirements, and we also recommended that the officer be put on a performance improvement plan. The Department agreed with the dispositions of the panel and the Monitor and sustained the allegations, but the department imposed a 5 day suspension. We, and also required the officer to undergo 8 h

[64:06] of legal and tactical training. Yeah, in the next case. a member of an administrative staff member of the records unit within the Department. inadvertently copied a second requester on the first requester's email and thereby disclosing an unrelated party's email and a email chain to an unrelated requester. When I say Requester, these folks were seeking public records from the department the panel recommended that the rule, one customer service value, allegation be sustained, and that the employee receive a verbal counseling. It also made some recommendations with respect to how the manager should handle employee errors when the manager learns of them, and that the Department look at how they use this group email in the records unit.

[65:07] The department agreed with sustaining the allegation, and the outcome was verbal counseling. In another case the panel reviewed. officers were responded to a call about individuals who had been sleeping in a parking garage, and they had left all their belongings. Those individuals were gone when the officers arrived, and then the officers left the garage when they were approached by an individual who asked about his friends belongings in the garage, and how they they could get them back. During the conversation with the officers one officer threatened to arrest the individual. The individual didn't provide information about his friends. and the next day, when the individual saw a different our officer, a sergeant, he made a complaint, and also said that he was that the he was a victim of by space policing

[66:09] so there were. Each officer was accused of by space of a biased policing, and one of the officers with making a threat of arrest that was unjustified. the on a biased policing allegations. The panel recommended that the department not sustain them, but they did recommend scaining the threat of arrest, and recommended verbal counseling and retraining, and the department agreed, except with respect to the biased policing allegations. They, They were unfounded by the department. and finally, in a case case, a woman and her teenage son came to the department. They were having problems with the managers who were managing for her apartment complex, and they wanted to file a report to help facilitate a transfer to another housing complex

[67:09] the officer interacted with the woman for about 40 min. When the woman eventually obtained a copy of the report, she made a complaint that the officer had been condescending to her, and the report was inaccurate. The panel recommended that each allegation against the officer, customer, service, and report writing not be sustained, and that was how the Department reached to do that. That's the same determination the department reached as discuss with the in with the the panel at discuss with the panels meeting with the chief on Monday the online complaint system, where people can fire online complaints against officers and make commendations. It was not functioning between the beginning of May, 2022 until the end of October, 2022. There were a total of 16 forms that were submitted. This includes 3 referrals and I just want to say that when I learned about this

[68:15] promptly, I asked the Department to provide a memorandum about what the situation was, how many forms we were talking about, and promptly notified the panel and the city city manager's office. and took on. We took on the responsibility of making sure that the department properly handled. These forms. so of the 16 there were 3 referrals, one combination that was submitted on the wrong form. One was a duplicate of a misconduct case already under investigation, and one wasn't a complaint at all. It's just providing information. I reviewed 10 of the 16, and I've already that monitors already classified for as misconduct cases and 6 as community inquiries.

[69:08] And finally, in November we the way the department's database works is These complaints that were filed previously, and hadn't been been received by the department. They're included in this November total. That's why it's pretty high. The number of complaints received in November or 13. Total 5 misconduct, one serious misconduct, 7 community, and for his As a so far in this month there's no complaints that have been filed, and the open docket, as of December sixth, and this includes the Monitors docket, and the panel's docket is 16. That completes my report. Thanks flow panel members any questions

[70:04] on the report just giving it a thinking minute. What was the panel's recommendation on that very first case the car. The car case the panel recommended the officer be terminated. The Monitor's recommendation was 7 to 10 days, and the department imposed 5 day suspension. So so flow just like maybe i'm missing something. So in the first case we had the panel, the monitor. and the department. So on the other cases we only have the panel on there. There's no money test recommendation correct. the monitor has the authority to make an independent recommendation on dispositions and discipline, and it's my understanding that Joey Lapari did not do that often. But I don't really know. I

[71:13] We have done it this one time, and because we did not agree with the we're pretty far off. We did not agree with the panel disciplinary recommendation. and I can tell you that o our group. We've discussed the matter, and whenever we diverge from whenever we decide we're gonna make an independent recommendation, we are going to share that recommendation to the panel. So the panel Who Who were the panel members that reviewed that case. I provide it. The The Monitors independent recommendation to those panel members.

[72:00] Thank you. Yeah, I can say on as one of those panel members to just that. I appreciated Flow both the way you worked collaboratively and maintain the independence of the panel and the monitor in that process. so that just appreciation for that you're welcome. Any other questions, comments, concerns. new friends. Hello, new friend. great next up is our selection of cases. Oh, sorry, Hadasa. Yeah. Yeah. And if I can, just so the No, actually, never mind. Nope. 10, thank you. No worries, no worries. great. So we're going to move on to selecting our case reviews, and just a quick notice for the public. what we're about to do is so the Independent Monitor his pre prepared case summaries

[73:08] based on complaints made by community members, or internally from the police department, like complaints against the Police Department. And so what we're reviewing are case summaries and not just summaries of the initial complaint themselves. This could these summaries include anything like police camera footage, available evidence, any initial investigations that have begun other complaints extenuating circumstances we won't be sharing the details of these cases with you yet. because they are protected. They're confidential protecting everyone involved. so we will be reading out the case numbers and voting for them. But as you saw each month, the Independent Monitor reads out and presents the cases that have been completed. for the public. So this is so confidential, for now.

[74:01] And so with that panelists, and hopefully you use My! They have time to pull up the document flow sent us. We're going to start with case. Let me make sure i'm at the top of the page. m I 2 0, 2, 2 0, 2, 8 dash in. Oh. and the allegations are against 2 officers. That's a rule. 1, 2 rule, one's against officer, one and 2 rule ones against officer 2 oh, sorry, Ari L. Did you have a question? Hi, yeah, I just want to flag that Sarah just let me know that she has lost zoom access at the she's on a work trip in the building she's at right now, so she's attempting to figure that out. But I wanted to make that clear before we start voting. Thank you.

[75:02] Oh, thank you. Hedasa. Yeah. I wonder if someone was just typing in that document. Yeah. panelists. That is a shared document. and I think, yeah, thank you. let's give, sir. Just a minute. Oh, she's gone totally. she said. She doesn't know she'll be able to get back on and so and another set up.

[76:02] but also lost power. it is 8, 17, right? So all the technology decides to to give a kapo. Okay, So starting with panelists, Mi: 202 to 228 officer, one to rule, one violations officer, 2 to rule, One violations show of hands to do a full review of this case. That's one from Hadasa. Thank you. Panelists show of hands not to do a full review of this case. That's 1, 2, 3, 4, 5. We will not review, M. I. 2 0, 2, 2, 0, 2, 8. Next up is m, 2, 0, 2, 2, 0, 0 7. The allegations. This is for officer, one

[77:01] is for rule, one's and a rule, 6 for officer 2 that's 3 rule one's for officer, 3. That's one rule, one panelists show of hands to review this. Do a full review of this case. Actually, that was me, too. 1, 2, 3, 4, Thank you. Panelists show of hands not to do a full review of this case. It's one. Thank you. So the yeses have it. We will review S. M. 200. 237. Next up is Mi, 202 229. That is 3 rule, one complaints against officer one panel, a show of hands to do a full review of this case.

[78:05] Panelists show of hands not to do a full review of this case. Thank you. The nose habits. We will not review. Mi: 222.0, 2, 9. Next up is mi, 202, 2 over 3 0. This is one officer. 3 rule: one complaints. Panelists show of hands to review this case. Thank you. That's one. Panelists show of hands not to do a full review of this case the nose habits we will not review. Mi: 222, and that is it? Thank you. Panelists

[79:02] yeah flow. Can we? hi volunteers for? Oh, 7, and you have. You'll have to be on the panel. I think this is. This case is going to take a while, and I'm: Sorry I it will take a lot of time to review. I believe. Got it. Okay. Panelists volunteers to review that case ending 0, 0, 7, yeah flow. You can put me on that. and it also. That's it. Yes, to review. Thanks. Okay. Just making sure it's not a question hand. Do we have a third panelist. but Sarah on it we it's a Sarah is very amicable, so I I it's always ready. You just text it. Feel feel free to sign me to whatever pieces need people? That's Sarah. So we got, sir. Sorry I can't get back on. Thank you. Thanks. Tayisha: yeah. Question.

[80:09] So I know that we talked to the chief on Monday about the online complaints, and they it was my understanding that they're going through. Actually, some of them are accommodations around some of the police office. Their behavior, which is always wonderful. but there were, I think, some that worked, and so I just wasn't sure what the status was for those, as well as the status for the large amount of cases that were not reviewed. I know some were out of I I just again. I I wasn't sure if we're just not. You know what I mean. I I wanted it up. I would like an update some time about those cases. Thank you. Just I so the second, the last slide of the Powerpoint Presentation was a I reviewed all the 16 forms that were not processed because of the online glitch.

[81:03] and I've personally reviewed 10 of them that were not duplicative or referrals to other agencies, and the monitor has already classified 10 all, all, all 10 of those for being misconduct cases. One you just reviewed, and 6 community inquiries. So they department has gone through all of the complaints that did they did not receive in a timely manner, and the Monitor has reviewed all those that the Monitor would normally review. So so they are all in progress. I do not. have. I cannot comment on the The other question you had about the detective. Okay, Thank you if we can get clarification on those that will be great. But it's wonderful to hear flow that you were able to review those online submissions, and that

[82:02] Thank you. Can I any other business before we go to the public for comments? Okay, give me just half a second here. Thank you for checking, though. Yeah. Sarah's efficiency carries through great so we're gonna move to public comment next. so members of the public, every member of the public will be asked if they'd like to comment and unmuted so that they can answer if you do want to comment, you will get 2 unimpeded minutes. if there's an interruption or a loss of connection, we will stop the clock to make sure you get your full 2 min. I will give a verbal warning of time. I'm also gonna put a stop watch up on the screen. So we know at 20 s, and we will mute the feed after 2 min. Thank you.

[83:00] a panelists. You may offer short responses at the end of the comment, and all at at the end of the comment. I will make time for that, or you can just shoot me a message in the chat to make sure I do make that time and give me just half a second to pull up this Stop! Watch! Oh, Cory! Could you give me a host. capabilities we should be able to know. Fabulous! Thank you. Sorry. I'm pulling up the participant. Nice. Thank you so much for your patience. Sometimes. Zoom. There we go, all right. Can we start with? I think it's Dana Katie

[84:00] Dana. Would you like to give comment today? I'm: okay, Thank you. next up Zoe Jennings Corey Zoe. would you like to give comment? yes, please awesome. Go ahead. Thank you. so i'm Zoe Jennings. I'm a reporter for Yellow Scene Magazine, and we're kind of just following up on the Martha Wilson. stories we've we've spoken with her, and I was just wondering as a panel. Do you agree with Martha's reasons for resigning and protest? And also, what does this mean for your panel going forward? Thank you, Zoe. Panelists any any. Follow up, comments. I I definitely have an answer to the second part. we have new panelists coming on very soon. there was part of the

[85:08] timing just worked out that you know we brought on new people as as far as for her reasonings. I think that we definitely all agree that there are major gaps and are hoping that we can help to address those gaps and make sure that we are prepared, and you know, are Aren't caught by surprise, but are actually checking on this and following up on any gaps that we see in the future. So that's I hope. And we look forward to working on Marissa on helping us with that in the future, and any other members of the public that would like to join. Thank you. Thanks. It also great. In that case. Corey, if we want to bring on Darren O'connor. Darren, would you like to give comment today. Yes, please

[86:01] go ahead. Hello, Panel Members. Recently City Spokesperson Shannon, Alabama was quoted. or she quoted the Boulder Police Association Union Contract stating disciplinary action of police is intended to be corrective rather than punitive. and i'd say, wouldn't it be nice if if people that were arrested were treated this way as well. This statement was shared as a defense of why Chief Herald chose to go against the this panel's recommended sections of officers that committed serious policy violations. It is now starkly apparent that the police union and its contract is, or is used to be, an impediment to effective policing, and especially an impediment to police oversight for our Naacp letter. The city could end the Union contract and its negative impact on effective law enforcement. This is this was done in Washington, DC. And I live in Lafayette, where there is no Union.

[87:05] Most importantly, I'd like to encourage the community. Be at the table for trainings on police oversight models and to revise the city ordinance for police oversight in boulder. These revision efforts need to be public, transparent, and inclusive of the public. and I also strongly encourage Pop began getting legal advice from attorneys who are independent of the city. The conflict of interest, and being advised by the same attorneys that defend the police has been evident for some time, and this arrangement appears to be leading to you all, having your voices. Silence. Lastly, building friendships with the police is not your job, and creates an appearance of a lack of independence. I encourage you to build relationships with the community and not the cops you oversee. Thank you. Thank you, Darren. I just wanted to share quickly again, just to reiterate about the community

[88:03] sessions that we're planning on having with the ordinance. That'll be past past my time as as a panelist now. But that's something that is being worked on collaboratively with Martha to schedule, and so I I fully agree with you there that those need to be community, oriented and transparent, and I think there's every going to be every effort to be, and and include as many people as possible. And I have a feeling that with the New Year that there will be more public details about what that actually will look like, and and how it'll take form, and you know all different formats, but just wanted to say that appreciate that. And yeah, Looking looking forward to seeing what the community comes together. Yeah, Chico. Hey, Darren, I I I just want to thank you for the comments that you've made. And one thing that I firmly believe in is us as a community. It's us to

[89:00] decide what kind of community you want to live in, and how things are supposed to be so if we do find that though people think that there's room for improvement, but I think it's, it's up to us to make that change. Thank you, Chico. And I I agree with that. And that's something that actually we talked about at our meeting with the police chief is that at a certain point with collective bargaining agreements and and adjudication, you know that there's There's matters that the community has to take up and and and we have to work all together to to move forward. in police reform any other thoughts. Yeah, there you are. Yeah, no. I I mean, I agree. 100. We talked about this in our community outreach meeting as well as the governance meeting. It was wonderful to have conversations with city

[90:00] so city managers office. As well, not just the co-chairs, but many of us have been talking with them directly and just again healing that relationship across city council, city manager. panel, and to be organizations. Everybody wants to be in the room, and I think that is the direction we want to go. And I did want to list up, though, that we did identify issues not only that are specific to boulder and collective gardening, etc., but we also identify some opportunities that may need to happen at the State level as well. And so again, I just wanted to list up the the conversations that we're having are not only those with the local impact, but there are some issues that are at that may need to be addressed at the State level as well, and so really trying to get in coordination with the state effort. The statewide level efforts, as well as some of the national efforts so really looking to work in tandem to move towards those shared calls. Thank you. thanks to Asia panelists. Any other thoughts questions

[91:00] great. I I do want to mark y'all this is a milestone for us. this is the end of the year, and so that's 2 full years the first 2 years of this panel in operation in the city of Boulder. I hope you look back on those years with as much pride as I do. and as I know, we all strive. We're all we all strive for better, and we know how we can do this work better and improve it in the year to come. but we have come a long way, and we've done a lot of really great excellent work together. I value each and one of every one of you. Ariel and Taisha. I know our time is, you know we have. We have a we have a month to go and then, of course, we have all these new panelists coming on that you know. Victor Chico NASA, we will. we will work to bring into the fold of this work. I also just really want to thank the Oir group, who already what? Just a couple of months into this relationship have brought so much to our work. I know I've learned so much from you.

[92:00] You've done so much to enrich this process and to support this work for our community. and so to be sentimental at the end of the year. When is the best time to be sentimental. I just I really appreciate all of you. and look forward to the New year and year of work with the police oversight panel any final other final thoughts before we go any final shed sheds of a tier. Great y'all have a wonderful evening. I hope you have a good weekend, too. and we'll see you soon. Bye.