October 14, 2024 — Police Oversight Panel Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Sooner you'll be able to monitor the Q. And a just reminder to panel members. not to use the chat. Anything for the group should be set out loud for the record. and we'll have the minutes taken by city staff. and everyone's a co-host who needs to be welcome. Everyone the city of Boulder police oversight panel is committed to accessibility and inclusivity. The Board engages in some significant effort to ensure its documents can be reviewed by all persons. Some materials of the board, such as the annual report, cannot be made fully accessible without some loss of information. If you or anyone, you know, has trouble viewing our annual report packet or other materials, please, contact board, staff or email. DUEN. A. SS. At Boulder, Colorado, Gov. And we'll be happy to work with you. You can also reach out to our city's Ada Coordinator at accessibility at Boulder, Colorado.

[1:08] Dot Gov. We also acknowledge the Arapahoe, Ute, and Cheyenne tribes as traditional custodians on the land on which the police oversight panel and the boulder police department operate and pay our respects to their elders, past and present. our complete and full land acknowledgement can be found in Article 3 of our bylaws just reminder to our panel members about the agreements we made during our retreat earlier about the way we treat each other. and this business also like to welcome any public and potential press. Thank all the panel members, and thank everyone for being here, and just acknowledge any moment in the week. or that may have been challenging. Thank you for your participation and engagement. If there are any questions you can use a. QA. But if there are larger things, please save them for the public comment section at the end of the meeting.

[2:03] and if you want to submit a complaint. our address is Boulder, colorado.gov, forward, slash services forward, slash! Police! Dash oversight, or you can email the panel directly at police, oversight panel. all one word at bouldercolorado.gov. Our meetings are public and will be posted to our website. So our 1st item is just the call to order and approval of our minutes from September. Any corrections or a motion to approve. Motion to approve. Thank you. Busy. Second. Thank you. Melin.

[3:02] So our 1st agenda item is the community outreach and engagement update just definitely want to give a thanks to Milan and Soledad for all their service. And I'll just hand this off to me, Lin, or to Bill for the update. We have to vote first.st for the accepting the minutes. Do you have a vote to approve the minutes? Alright, thank you. and go. Yeah, I don't think Bill is here. I don't see him, so I'll I'll speak. I saw that, and I for various reasons. First, st I'll speak for myself. just being involved in too many things. I've decided to step back from the co-chair position with the communication and engagement committee, community engagement and communication. You would think I know this title by now. But and

[4:18] Bill, who had shown interest before was asked if he was still interested. He he was, and gracefully accepted the position to as as chair right now, but is we're looking for a co-chair. So oh, there's Bill perfect. So I think having a co-chair would be great. So if any of you are interested in that bill, welcome, we're talking about. I heard that. Yeah, good good. And and so I said, I mean, I'm still staying in that committee. I still want to be involved. But if any of you want to be co-chairs with alongside Bill, please feel free to reach out to him and Bill, I'll pass it over to you.

[5:06] Thank you. Okay, so thank you. I think, I'm just fresh taking it over. So our last meeting, we just kinda talked about different ways to be engaged. And, Milana, I was looking a little bit at what you said today. So appreciate that just ideas. And I think that I think there's 2 approaches to community engagement. One is just handing out flyers everywhere we go, and another is more formal. So I think what I'll do is kind of. but some kind of formal, just a few questions together to just kind of figure out networks that you all have. That might be places where we could engage, and just kind of see where there's things that are already happening. And I've talked to sherry a little bit about that in terms of things the city's already

[6:01] engaged in, and of ways that we can kind of piggyback on those. So we're not having to create our own events. And so any ideas that you all have be really open to hearing them. And I think that's all I have for right now. Luna and I are. Gonna talk about some ideas that they have about some community engagement stuff later this week. So we'll kind of keep you in the loop as things come up, and as ideas are shared to just get everybody's feedback, so any thoughts anybody has about the community engagement piece. I will the. We'll share the Newsletter. And. So me and Luna had a a conversation. And there's a newsletter that goes out to the whole city. I forget what it's called, or Who's

[7:01] and so we have some space in that citywide newsletter. So this time we just chose to do an interview with a newer panel member and older panel member that's going out in November. So that should hopefully generate some conversations. So just wanted to share that. And thank you. Interview with you and Luna. Right. Yeah, thank, you. Newer, the newer, and the veteran. Yeah, I'm really excited for this article to come out. If anyone wants to read it ahead of time, I can send to you otherwise stay tuned. So that's all I have right now for community engagement. Thank you so much, Bill, and just reminder with our bylaw changes and things. This is a group effort for community engagement. So we're no longer, you know, pointing to one figure to do it. But it's it's a task that we can all. you know, carry some water on.

[8:01] Yeah, that's why I say, I'll be reaching out to everybody to get ideas and see if you have places where we can insert ourselves. And at a minimum. Everyone, hopefully, you've made it to the office to get a stack of updated flyers and your business cards cause that can also help in that engagement, as well. We have more flyers, sherry. If you're going well, I think we are almost out. So if you're going to come to the office to get flyers, please give us some lead time, so that they can get printed and folded. Okay. Yeah, I just wanted to say that last night Sherry and I met up with some people from the oversight board or commission in Denver and they're they're gonna do coming up at the end of October. I believe they they're doing a 5 h training at a high school about.

[9:01] you know, police interactions and their rights and all of that. And I've asked them to keep me in the loop to that I would love to go there and see what they're doing with that. And so, you know, if another person would like to tag along with me, I would love it. If we could be 2 people going there. So just to report back about possibilities of reaching out to kids, and how we can make sure that interactions between kids and and police are safe in Boulder. So yeah, let me know if you want to go. That's exciting. Yes, please send that info to the the group email. Lizzie. Yeah, just a follow up question. I may get this info from the email. We send it out. But just to clarify, we lend. So there do. They're the Denver oversight panel is giving the training to high school students to help them better understand their rights and interactions with police.

[10:07] Yes, that that's part of their engagement with community and getting community to get to know them and legitimizing their role and and building trust and also preparing the, you know, the next generation of drivers, and you know, partiers to interact with police. Oh! And knowing their rights, and knowing what's what a good interaction can look like. Great thanks. Thank you. As mentioned, this is our 1st meeting with the new structure of the agenda. So if things seem out of place, that's why it is so. Next we will have the report from the Independent Police Monitor. Thank you.

[11:06] And am I sharing my screen. Not yet. Not yet. Oh. okay. There you go! Okay. it was lined in red, so I thought it was thought it was already done. Just a black screen, though. What? It's a black screen. Okay. Nothing couldn't see anything. Oh, thank you for that input -

[12:00] And now. Little black screen. I can give it a try, Sherry, if you'd like me to. Oh. weird! Just as you were finishing, or just as you were exiting out, it showed up. But I can do it for you if you'd like. Okay, I'm gonna try one more time, and I'm gonna just wait like 30 seconds to see if. It's there. Now you can see. Yeah. And it's actually something, not just a black screen. Yup! Okay, excellent. Let's let's go. Then. Okay.

[13:03] okay, did the did the screen advance now? Okay, thanks. Okay. Well, this is the October 2024 Boulder police oversight panel report from the Independent Police Monitor and Case review data for September 2024 we completed one full case file review in September. And we are waiting on a Bpd disposition on one case file review, and there are 9 cases awaiting panel review, which is exciting and getting into the cases. Mi twos out, MI. 2, 0, 2, 3, dash 0 3, 4 which is the last 2,023 misconduct investigation that we we have.

[14:02] was closed. So a Bpd supervisor registered this complaint while reviewing an incident report documenting the investigation of domestic violence, and it is alleged that officer one did not follow Bpd. Procedures required of domestic violence, response, and investigation. The allegations against Officer one rule one. Allegation, general order 313 failed to conduct a domestic violence. Investigation as mandated in general order 313. The panel recommended a not sustained finding, and the department determined that the allegation was sustained with verbal counseling recommended for the second allegation. Another rule, one allegation, general order 313 failed to provide a victim rights pamphlet as mandated in general order 313. The panel recommended, sustained with verbal counseling, and the department determined that that allegation was not sustained.

[15:09] Another rule. One allegation failed to comply with lethality, assessment, protocol, the panel and the department were in agreement that the allegation is sustained with verbal counseling, and then for the additional allegations rule. One failed to attempt to locate the suspect. and the panel, and the department again agreed that unfounded was the appropriate finding, and for another rule, one general order 313 failed to identify the appropriate charges. There was again agreement between the panel and the department with a not sustained finding and additionally panel members expressed concerns that inconsistencies exist between what the general order says, and the domestic violence training for the department, and they recommended that Bpd. Review general order 313 to provide clarity to officers about what actions are mandated when responding to domestic violence. Incidents.

[16:20] and Bpd. Chief of police response was the general order will be examined during our talia accreditation process and the concerns shared by the panel should be examined to see if we need to make additional changes. I'm instructing Psu to share the panel feedback with our victim services unit to possibly add or change. Our pamphlet moving forward and panel members also expressed some curiosity and concern about the Axon Record case management systems capacity to thoroughly document investigative steps and appropriately timestamp and maintain changes made to official reports. Specifically, the panel noted that neither prior versions of the Incident report were available, nor timestamps that identified when changes were made, nor supervisory notes. The panel recommends that Bpd work with Axon to improve its ability to document investigation, investigative actions.

[17:10] and the chief's response was that the Axon records should be reviewed by their team working with Axon on this program, and that they, as it is a new program. Axon has been working with them to make many changes, and thus, if it's applicable or appropriate, I would like to have the panel's feedback reviewed as I share the concerns, and Psu should discuss this with the Boulder police department records manager for MI. 2, 0 2, 4, dash 0 0 1 Bpd officers work security at a University of Colorado football game and were called by security to escort a man out of the stadium security, reported that the man could not display a ticket, and went hands on. When they tried to eject him. The man willingly exited with the officers, but repeatedly refused to provide his name and identification. Bpd. Officers followed Cu training and took the man to the Cu. Processing area. After obtaining his Id. The Bpd. Officers escorted him out of the stadium grounds

[18:14] and and the allegations for Sergeant One. The 1st 2 allegations there which were, compliance with values, rules, and general orders. General Order 101 engaged in bias based policing based on race and a rule, one. General order 225, which is use of force, failed to practice de-escalation during the interaction, for both of those allegations against Sergeant One, and Officer one. The panel recommended unfounded, and the department agreed. The 3rd allegation against Sergeant One was a rule, one. Compliance with values, rules, and general order. General order 2, 2, 5. Use of force grabbed the man without justification. The panel recommended exonerated, and the department's final recommend final determination was unfounded.

[19:17] for officer. One rule, one compliance with values, rules and general orders. General order 225. Use of force grabbed the man without justification. The panel recommended exonerated, and the department agreed, and for Officer 2. Rule 5. Police authority and public trust retrieved the man's Id without justification. The panel recommended that the allegation be sustained with verbal counseling, and the Department determined, not sustained, but did advise coaching on this issue. and the panel made some additional comments and recommendations on this case. consistent with concerns expressed by the chain of command. Reviewing panel members urge Bpd. To clarify with Cupd the issue of police authority and training to check Ids

[20:07] the arrangement effective at the time of this incident put Bpd officers working for Cupd in a lose-lose predicament. The panel members recommend not only that Bpd resolves the conflict of police authority with Cupd, but also ensure that future training is clear and provides sufficient guidelines to Bpd members who work cupd events. The panel members hope that Bpd. Already remedied this concern with Cupd. Given that this case review was on the eve of the 1st home Cu football game. The reviewing panel members request an update on the current or resolved agreement between Boulder and Cu. Pd. The chief of police response was to the panels. comments regarding our work at Cu. I have many of the same concerns. I directed Bpd. Leadership and our legal advisor to immediately contact Cu prior to the start of the football season. This was done, and until some of the issues that have been that this case brought to light have been fixed for the 1st home game in late September. Our officers worked only traffic positions and did not work internally.

[21:10] There is a meeting scheduled the week of September 9th to confirm that the issues we brought to light like not having the area booking, not calling, the area booking have been addressed. Ceos expressed a willingness to continue to work with us on these changes, we will continue to look out for the best interest of our officers, and ensure that they are not being put in situations like the one that created some of the issues. In this case. Mi, 2,024, 0 0 2. As part of a theft. Investigation. Bpd officer, one interviewed an employee and his manager. Ultimately the employee was issued a theft summons, and the manager complained that she was not more involved in the investigation, and alleged that officer one did not conduct a sufficient investigation. The allegations against Officer One were Rule one allegations that one, the officer, did not provide the manager with his badge, number, or business card that he did not interview the manager regarding the theft, that he did not conduct a sufficient investigation for those allegations. The panel and the department both

[22:19] for the panel unfounded, the 1st and the second, and the department agreed, and for the 3rd the panel unfounded, and the department determined that it would be exonerated, and for rule 4. Respect for others. Officer, one threatened manager. When he asked if she wanted to become the subject of a criminal investigation. Both the officer and both the panel and the department agreed that the findings should be exonerated. Mi. 2, 0 2 4 0 0 3, and Detective one was assigned to investigate allegations of sexual misconduct of juveniles by a coach.

[23:02] Upon completion of the investigation, the district attorney declined to bring charges against the coach. The mother of one of the juveniles complained about the investigation done by Detective one. So for Detective one's 1st allegation rule one general order, 203 investigative responsibilities. Detective One failed to contact the victims in a timely manner. The panel recommended that that allegation be unfounded. The Department also determined that unfounded was the appropriate finding. and for the second rule one allegation. That detective one failed to complete supplemental reports, documenting contact and or contact attempts with victims and or witnesses in a timely manner. The panel recommended that allegation be unfounded, and the Department's final determination was exonerated. for the rule. 3. Allegation. That detective, one misrepresented juvenile victim.

[24:04] Blue Sky Bridge interview in her supplemental report the panel and the department agreed that that allegation should be unfounded. and for a rule, 4. Allegation. That detective one was rude and disrespectful to mother. The panel recommended that the allegation be unfounded, and the Department's determination was that not sustained would be the final finding. And for Rule 8 conduct Detective one's investigation led to the district attorneys, choosing not to proceed with criminal prosecution, and the panel and the department were in agreement that unfounded was the appropriate finding. Mi. 2, 0 2, 4 0 0 9 Bpd. Officer. One responded to a traffic collision where one of the vehicles was driven by the complainant based on video evidence obtained during his investigation officer. One determined that the complainant was at fault.

[25:03] because she ran a red light for the 1st allegation, which is a rule one and general order 101 unbiased policing officer. One's investigation was based on pure racism and aggression, and both the panel and the department agreed with an unfounded finding for the second allegation, which is a rule one. General order 201 officer, one's traffic crash report was inaccurate, the panel recommended, exonerated, and the department's final determination was unfounded for Rule 4. Officer one was rude, including laughing and smiling. During his interaction with complainant. The panel recommended and not sustained, and the department's determination was unfounded. For the second rule. 4. Officer one was vengeful to the complainant because of their previous contacts and then rule one officer, one did not take pictures of the complainant's vehicle and another rule. One officer, one did not ask questions of complainant to obtain her side of the story. Those 3 allegations. The panel recommended unfounded, and the department's final determination was also unfounded.

[26:27] MI. 22, 4, 0 1 1 Bpd. Officer, one observed a vehicle that he believed was stolen and initiated a high risk traffic stop, which included pointing his firearm and handcuffing the driver. Evidence available to Officer one indicated the vehicle's license plate was reported stolen, but not the vehicle itself. Officer one apologized to Driver on scene, then sought out guidance on how to better handle the situation in the future, and took full accountability for his actions. So for allegation.

[27:00] one rule, one. That officer, one did not confirm the validity of alert and or develop independent reasonable suspicion or probable cause, prior to initiating a traffic stop the panel, and the department determined that unfounded was the appropriate finding for the second allegation rule one officer, one did not comply with Bpd. Procedures for conducting a high-risk traffic stop, and both the department and the panel agreed that this allegation should be sustained with verbal counseling for Rule 5 conducted a high risk traffic stop. Again. There was agreement between the panel and the department that the allegation be sustained with verbal counseling, and for Rule 6. Use of force pointed a firearm at the suspect vehicle at the panel, and the department again agreed that it should be sustained with verbal counseling for Mi. 2,024, while on duty and working foot patrol on the Pearl Street Mall officer. One received a telephone call from an acquaintance who alerted officer one that she was concerned about her grown daughter. Acquaintance provided Officer one with information about daughter's location, and requested that officer one help her daughter.

[28:15] officer. One did not provide details to Officer 2 and engaged with daughter, eventually convincing daughter to call a Rideshare and go home. Daughter complained about this interference by officer one in her life. for the 1st allegation, which is a rule, one allegation that the officer did not activate. Body worn camera in accordance with general order 2, 4, 0 dash 2. The panel recommended, and the department agreed that it should be sustained with verbal counseling. For the second allegation that Officer one did not keep communications apprised in accordance with general Order 205 7. Again there was an agreement that the allegation be sustained

[29:03] with verbal counseling by both the panel and the department for Officer 2. The allegation that he did not activate body worn camera in accordance with general order 242 the panel recommended, and the Department agreed that this allegation should be exonerated, and for Officer 2. Rule one, that he did not keep communications apprised in accordance with general order, 205, 7 panel recommended, and the Department agreed that the allegations should be exonerated. Mi. 2,024, 1, 7. A mother had an active order of protection against the father of her children while downtown. Her 12 year old son noticed his father, and several of her children greeted their father officer. One quickly located father, whose description of the incident differed considerably from mothers. Son's voluntary description of the incident incident was consistent with fathers. Officer one arrested the father for an active warrant. Mother alleged that officer one berated her and did not arrest the father for harassment and violating an order of protection.

[30:12] the rule one. General order 313. That the officer. One did not comply with requirements of general order 3, 1, 3, 2, the Independent Police Monitor recommended, unfounded, and the Department agreed, and for Rule 4, which is respect for others. A braided mother. During a telephone call regarding the investigation of a violation of an order of protection, I recommended unfounded, and the department agreed. Mi, 2, 0 2, 4, 0 2, 1 library security requested Bpd assistance to eject complainant, who refused instructions to leave the library officers one and 2 did not activate their body worn cameras until after they spoke with library security and began engaging with complainant for officer one rule, one did not activate his body worn camera. I recommended that this allegation be

[31:11] sustained with verbal counseling, and the department agreed, and that was their final determination and same for Officer 2. Did not activate her body. Worn camera. The I recommended the allegation be sustained with verbal counseling, and the department agreed. and in this instance I also made additional recommendations. I urged Bpd. To reevaluate the training and messaging that officers and supervisors receive about body worn camera activation as I previously shared with Bpd leadership. Late body worn camera activation is not limited to these 2 officers. Both officers and sergeants have expressed confusion and the desire for more clarity and guidance from Bpd. Leadership on body, worn camera activation requirements. I recommend considering adding the following sentence from the Colorado Revised Statute section 2431 to general order 240 to reduce confusion among officers and supervisors.

[32:13] That language is the body worn camera or dash camera does not need to be on when en route to a call for service, but should be turned on shortly before the vehicle approaches the scene. The chief of police's response was to the Ipm's point. I agree that organizationally we need to tighten up the timing of our body worn camera activation, and we have been, and will continue to have discussions internally on how to ensure. We are complying with policy and the State statute. And then I later learned that on September 26, th and Chief Redfern emailed the department advising officers to consider the steering wheel to steering wheel guideline when responding to calls, his email included similar instructions for bicycle and foot patrol officers with the goal of fully capturing interactions on audio and video.

[33:04] Mi, 2, 0 2, 4, 0 3 6 Bpd officers responded to a complaint of harassment at a restaurant. Officers spoke with the complainant, and the suspects. After escorting the suspects off the property, the officers departed shortly afterward complainant telephone officer one, and complained that he wanted to have been informed that it was safe for him to leave complainant further alleged that officer one was rude and condescending. During their telephone call. for the rule. One did not address complainants concerns. I recommended that that allegation be not sustained, and the department agreed, and for the rule 4 respect for others was rude and condescending. During the telephone call I recommended that the allegation be sustained, and the department also agreed. A hump. Mi. 2,024, 8 earlier in the day the complainant fell and suffered a head injury. After leaving the hospital he walked shirtless and barefoot on an arterial street in the dark. Officers responded to multiple calls about the complainant and resultant traffic crashes. Officer one and Sergeant one responded, and used their vehicles to block traffic in the lanes where the complainant walked complainant was antagonistic, and eventually moved toward the shoulder of the road

[34:18] officer. One physically engaged with complainant, who displayed resistance. Officer one, and Sergeant One, then conducted a takedown of complainant. During their fall to the ground officer. One obtained a serious injury. The 1st allegation rule 6 against Officer one conducted a takedown of complainant. The panel recommended that that allegation be sustained with verbal counseling. The Department's determination was not sustained, but to have coaching for Sergeant One the Rule 6 conducted a takedown of complainant, the panel recommended, not sustained, and the department agreed. There were additional comments for this.

[35:01] and from the panel this incident demonstrated that use of force is inherently risky, for not only members of the public, but also for the involved officers, and therefore Bpd members should exercise other non-force options when available. Panel members recommended that Bpd. Supervisors consider the entirety of General order 225. When reviewing uses of force, they advocate that Bpd. Supervisors embrace the use of the Icat methods, non-escalation, and de-escalation during real life encounters. the chief's response was, while I do not find a policy violation in this case, I do believe that the steps recommended by the panel are appropriate coaching by a supervisor or subject matter expert in the use of force and arrest. Control will occur regarding the chain of command. Review with my new appointment to chief and new supervisors being promoted, we will meet to discuss these issues, appropriate classifications of findings and work, to see things from a different lens, including reviewing situations that while not illegal or outside of policy, are not in line with our practices and training, and how we can address them.

[36:09] Mi. 2, 0 2, 4, 0 4 0. The complainant and another resident in his building are experiencing conflict on multiple incidents. The complainant reported that his neighbor harassed him by preaching to him about doomsday scenarios. Officers have told complainant that neighbor's conduct is protected by the 1st Amendment officer. One rule one did not take complainants seriously because of his race. I recommended that that allegation be unfounded in accordance with general Order 121, section 8. But that the officer received coaching, and the Department agreed with that. and for officer 2 a rule. One did not take complainant seriously because of his race. I also recommended that that allegation be unfounded in accordance with general Order 121, section 8, and that he, the officer, received coaching, and the department also agreed.

[37:07] MI. 2, 0 2, 4, 0 4 2 Bpd officers encountered the complainant sleeping under a tarp on library grounds, and Sergeant one instructed complainant to leave the underlying concern by complainant that Bpd officers are criminalizing them for existing is classified as a community inquiry. The city of Boulder prohibits camping on public or private property without consent of the property owners, Bpd. Officers enforcing or threatening to enforce the city of Boulder. Ordinance or rules is not misconduct. That said there were 2 allegations that I classified Sergeant one, a rule, 4. Respect for others, harass complainant. I recommended that that allegation be unfounded in accordance with general order 121, section 8, and the Department agreed, and for Rule 5 informed complainant that if they did not vacate they would receive a ticket for camping. I exonerate. I recommended that this allegation be exonerated in accordance with general order 121, section 8, and the Department agreed.

[38:10] and for mi. 2, 0, 2, 4, 0 5, 1, the complainant observes, officers one and 2 make illegal left turns into her apartment complex while responding to a non-emergency call. The complainant declined to proceed with a formal complaint, and was satisfied with the officers receiving verbal coaching. Both involved officers received coaching, and Bpd. Commanders reminded patrol officers during briefing trainings on the need to adhere to all traffic laws. officers, one and 2 Each received an allegation of completed a left turn across traffic, where a sign prohibiting left turns was posted. I recommended that the allegation be administratively closed in accordance with General Order 121, 3 F. And the Department agreed for these allegations for both officers.

[39:03] Okay. So the September Monthly case statistics. I classified 14 cases in September 9 of those were misconduct. There was 0 serious misconduct. One was classified as a community feedback, and one was identified as a conflict facilitation process. The I observed 3 interviews I had 0 scene responses. I deemed 3 misconduct investigations thorough and complete. and there were 15 cases closed in September. Regarding the the docket as of October 7, th 2024, there were 40 open cases, 29 of those cases were classified. 11 are pending monitor classification, and there were 10 cases that I saw in Psu preliminary investigations

[40:01] for 2,023. There are now 0 open cases. and just to let you know about the 2,024 open open cases. All cases that were classified in q. 1 and Q. 2 are either currently in chain of command, review, or being prepped for panel review. Mi, 2, 0, 2, 4, 0 4, 6, which I classified on July 29, th is the oldest case that is under active investigation by Psu and the update. About the December 17.th Fatal officer involved shooting. and the Bpd. Responded that the request for file that from my request that the file be prepared for the panel review. They provided information that there are outstanding force review documents that need final approval. A Bpd deputy chief shared his expectation that his review should be complete by the end of this week. And actually, just a few hours ago, I saw that he emailed his final report to to the Chief

[41:12] and some information about community engagement updates for September of 2,024 myself and panel members had a table at what's up Boulder, and we finalized our oversight police, oversight literature and distribute it to entities, including boulder rec centers, boulder housing partners, boulder, Public Library and Boulder Community Court. I also met with leadership from the Boulder urban Rangers to share information and strategies for investigations of complaints of misconduct that they receive about their officers. and that is the end of my presentation. If anyone has any questions.

[42:02] Thank you. Sherry. And a few more things from the Monitor. we are anticipating student recruitment. So we have a tab on our website. So anyone who is any student who is interested can basically sign up, just give us their name and email address. And then, when recruitment actually goes live, which is anticipated to happen on December 9th that I will send them out an email with links to the live application. But if you know students who are members of a higher institute of learning, either in Boulder, or who live in boulder, and are attending a college or university, who, you think would be appropriate for the panel. Please share out information. And so that's 1 update. And also last week we

[43:02] publish the annual report. So that was, yeah. yeah. I have I have thoughts on how to do it different and better next year. But the 2,023 annual report is is out, and it's available on on our website. And that is. that is all right. Now from me. Thank you so much, Lizzie. Did you have a question. I did very minor, but I was just noticing the verbal counseling versus coaching language. Could you remind us the difference between those things. Verbal counseling is identified as a form of discipline, whereas coaching can be used even if we have not sustained an allegation of misconduct, but still think there's room for improvement. Got it. Thank you. And just for a little bit of clarification. There is. I'm asking for some consistency, because some things talk about supervisory counseling and some things talk about verbal counseling, and they effectively mean the same thing. But hopefully we can just get them named the same

[44:16] in every, in every place. But those 2 things are the same. and also I just For my 1st several years in oversight. In Chicago we could not advise training or Co. Or coaching, or counseling, or anything at all, unless we sustained an allegation. So I really appreciate this ability to say it wasn't necessarily misconduct, but room for improvement. Let's address this before it becomes misconduct. Thank you, Sherry. Next we will move to panel updates. And hearing from our guest speaker

[45:02] as well as you saw on the email. I would like to say that Madeline did resign from her position, and we truly appreciate all her service and time and effort and the work that she's still continuing to do and prioritize. So we completely understand that. But we have a update from farah. Hi, everyone good to see you all. Yeah, this is a very brief update in that. I just want to put on the panel's frontal lobe for consideration the creation of an ad hoc committee to work on the complaints manual. Just so, everybody knows. It was started during the process of the Bylaws update. But we paused it to really just focus on the bylaws, because that was enough of a lift.

[46:00] But I do have 12 pages of content. So so we have something to work from. And both Solo, Dad and and Abigail have expressed interest in continuing on, but obviously given the new bylaws. You guys have to vote to create an ad hoc, you know. I'll be going an ad hoc committee, you know. I'll be going out on leave, so it would be I'm asking if you could. You don't have to do it today, because I don't even know if it's on the agenda. But before January, when I come back, create this ad hoc committee, so that when I come back we can just hit the ground running, start with about 12 pages and work. We do think that this will be a quick turnaround, because we're we have something to work with, so we don't think this is gonna be like a 3 month project. I I really do think that we can get this around in a month, maybe 6 weeks. and I wanna say it was. Maylene probably made this request, but I initially wanted to do something that was like a quick guide, and then, as I was typing, I looked up, and I'm like, Oh, my God! This is 12 pages.

[47:07] So I think the request was, Keep going. Give us something substantive, but then condense it to maybe 3 or 4 pages. So we'll have like 2 parts. We'll have the longer version, and then we'll have the shorter version that you can just use as a quick guide. So am I right about that, Maylene. I think you made that request. and so that will be easy, because once we get the fuller document it'll be really easy to break it down into something that panel members can use pretty quickly, kind of like a a cliff. Notes of sorts. From the main main manual. So that's really my ask. I'm here also to answer any questions about the bylaws. But it seems like you guys are adjusting pretty well. But yeah, I look forward to coming back in January and getting this complaints manual done for you guys, I think the timing will be pretty good with potentially new panel members coming on board. So I think I think it'll converge pretty nicely.

[48:14] Thank you, Farrah. Do you have any questions you win. Oh, I just want to say, thank you, Farrah. This is, I'm really excited about it. So really appreciate. I really appreciate the work you've been putting into that and Yeah, wishing you the best for the next few months. So thank you. And looking forward to seeing that in January. And yeah. Thank you. Amazing. Thank you. That that is it for me, in case anybody has any questions. But please in your I guess that would be your November December meeting. Maybe even your January meeting. Don't forget to vote on the ad hoc committee. So that you know when when I think I come back

[49:01] January 20.th Somewhere around there we can just get started and and knock out the manual. Alright. Thank you. Farrah. All right. Thank you, everybody. Take care! So our next item is future ad hoc committees, and the 1st one could be the data projects and the parameters around, that is. who is who's speaking on that one. I put that on the agenda because it seemed like it should be a comfort, a topic of conversation. So with the bylaws with the bylaw change. We don't have a legacy committee, but it seems like there is still a significant appetite for, and some sort of data projects that the panel can work on. So I was just laying that out as

[50:00] like the idea that if there's going to be a future data that we could take some space to talk about. You know what the next project would look like, and then who would want to be involved in that? Or it can just be a conversation, and that that who's going to be involved with it, or something, could be officially voted on at a later time, but I just wanted to put some space on it so that people could talk about it. You can go, Lizzy. I'll go off to you. Thanks. So I I'm I'm glad we're talking about this. I agree. It sounded like there was a lot of interest at the last meeting and pursuing some additional, either additional work into the area we previously looked in expanding it or looking at some other answering some other questions with data as well. I'm curious with the new kind of ad hoc committee structure is the idea that we would

[51:00] propose in this group like a specific data project. We're gonna look into stops data. And then we would create an ad hoc ad hoc committee to do that project. Or are we saying, let's create an ad hoc data committee that will essentially fulfill a similar function as the legacy committee might have in working on broadly speaking, data projects. I just wanna make sure I'm thinking about this the same way you all are. I have the same. I have the same queries, cause I'm I'm I'm actually not sure how we're gonna proceed with this, because in my mind the legacy committee. It was very clear what was supposed to be done, you know. Look at data past whatever look at trends. But going forward. I really don't know. So I'm I'm I'm curious to hear what others would say, and for

[52:02] some guidance on how how we're gonna proceed, how we're gonna do stuff. Thank you. Abigail. Yeah. my understanding of how the bylaws work, and if people are reading it differently, that's also fine. Is that the ad hoc committees can be whatever we make it. The urge for ad hoc committees, especially in the legacy context, is, we're not always gonna have you, Chico and Lizzie, who are so fantastic with data, so giving the panel room to shift in the future. But I think currently, I mean, we have people who are really like smart and good with data. So if you so, I think if the panel agrees that we want something more broad reaching, or if we want something specific. I think there's room in the bylaws for either of those based on like interest in the doing

[53:07] is my my bylaws. 2 cents. Thank you, Abigail Milan. I see your hand. Yeah, I'm wondering if maybe because of what Abigail just said, you know, like, right now, we have 2 wonderful people taking, you know who are involved in it and data. I'm just wondering, if we could gently ask for funds to have a data person that's allocated to the panel that would be hired by the city, and that would to whom we could ask. we need these data. Can you get them for us like and and because it seems like putting the onus on data research on panelists who are volunteers is just really too much work. But we, I think data.

[54:06] It's key for our work. Right? So we need data. We absolutely need data. We need more data. We haven't had data really and and putting that on you, Lizzie, and Chico is a lot of work for you to do in addition to your regular panel work. And so I'm just like looking forward, you know, I think we should make a priority of having someone who's also supporting, sharing in our work, supporting us in our work. of of of of having the data that we need to be able to make the changes that we want. Does that make sense for everyone. anyway?

[55:00] Yeah. I'll add one note. I appreciate the thought, and it would be wonderful to have a full time assigned analyst to us, of course. But I do want to mention just and not not everyone's been involved directly with the legacy committee. But we do have somewhat of a similar setup to that right now we are crafting requests for specific data sets. and Dr. Reinhart is is fulfilling them for us and querying that data and packaging it up and delivering it to us. So we do have a version of of what you're sort of proposing. I just wanna make sure we're we're giving credit there for for the support that's been provided. but, you know, agree. More resources are always better. Yeah, I think I mean Dr. Reynor is is great and is working for this, for the police department. Is my understanding. Is that correct. I was just like would like to. I think the panel needs and the police needs might be different.

[56:04] and his focus is going to be more on the police asks than ours is is what I'm thinking. But anyway, I'm it's just a it's just a thought, and I would love to hear what other people are thinking about that. It's a it's a great thought, Marlene, and more than welcome, I think. What would drive, that is. numbers budget sharing. that's what would drive us. We. We can have our wish list. But if the numbers, if the budget doesn't allow that, then we'll have to work within, what's there. Thank you, Chico. so looks like this is something. Oh, go ahead, Luna. Thanks. I think the

[57:01] I I love this idea. I think it's like every time I talk to Selena, or sherry, like I'm so grateful to have both of your expertise on on matters, and I think it would be amazing to have another data analyst. My understanding is that the police there with, is it? Dr. Reinhart? Is that his name is like pretty stretched thin and so it might be interesting to ask the question. I'm one curious how we would ask that question. And 2. I'm curious also. Lizzie and Chico, based on your experience on the legacy committee. do you? How useful do you think that role would be. I'd be interested in hearing a little more about exactly what what we're envisioning, like a dedicated

[58:01] data analyst. That is a boulder city employee and only works on projects for the police oversight panel. Is that what we're is that an accurate description. I think that's what I was thinking about. I mean, I maybe I'm idealist, but I think if we don't ask, we don't get right? So I'm I'm thinking that you know, we we're a panel. We're we're finding our groove, and we're finding our pace and data is something that we're missing. To analyze trends to analyze, you know, stops to analyze a number of things that we're not seeing ourselves right now, just because that's not our main focus. But those would would inform us about changes that are needing, that are needed at the police department, or even the way we look at things. It would inform us to. You know.

[59:02] we would be more accurate in the way we approach things. And so I think that's really really important. I think data is key to our work in general, and I think we can be completely justified in asking for the extra budget that that would entail. And maybe it's not a full time position@firstst Maybe it's just part time. but I think that would allow us that would expand our horizon of possibilities. And I think that for us to become more efficient, data is absolutely key. yeah, sherry thought about that. Yeah. So for both Milen and I are at Naicol right now. So our brains are buzzing with ideas from learning about what some of our peers have been doing. And the possibilities and

[60:02] how everyone wants more resources to be able to, you know, go deeper into into the work that we do. So. Yeah, my mind is also thinking of. You know. How could how given the fact that city council is probably in a few days going to approve the, or at least have up for second vote the 2,025 budget like, what are ways to try to get more expertise and assistance. Without probably being able to have a full time employee. So the wheels are going. Yeah, knowing, this is a extremely difficult budget environment, I believe. Maybe we could look at. I don't know if there's an opportunity for grant funding, or any other creative funding sources we could look into. But.

[61:03] Okay? Well, we still have a lot more important things to talk about tonight, and we haven't had our bio break. So it's time for our 5 min break. So there are other future ad hoc committees that could also need participation, which includes a 2025 annual report, and there could also be one for training as well. Soledad and I will participate in the City council study session on the 24, th also sherry so it looks like they're gonna drag us online for 2 h to ask questions, or I don't know but we're gonna talk to the city pay the City Council on the 24th

[62:00] I don't think that was gonna be streamed or anything right. It's a private session sherry. Do you know. No, those are public. Okay, so if you're interested, there you go. Next we have the public comment, section so any members of the press or the public. We do have public comments. You'll be unmuted. You'll get 2 unimpeded minutes to comment. If there's any interruption or loss of clock We'll just reset that the co-chairs can give an extension. And at 2 min we will mute the feed, and panelists are offered a short response at the end of comment. So are there any members of the public who wish to make a public comment at this time?

[63:04] Think you can see who we have. We have Lopan, Kunga. Yes, I'm I'm here. Okay, you are unmuted. Would you like to make a comment. Sure This was very informative. I really appreciate the work that you all are doing. I certainly see how it could be complex and incorporate quite a few factors in the interest of diverse groups. And yet it certainly sounds like There's a lot of fastidiousness and steadfastness in creating a safe space for both the community and the officers.

[64:02] And I really appreciate that it's doesn't feel one sided or heavy handed. Is there anything else? Would anyone like to respond to the comment? Melan. I didn't know. I yeah, I just want to thank Lupone for his comment. And for being here, it's always nice to have a member of the communities to our meetings and really appreciate you being here. So thank you very much, and thank you for your comment. Thank you so much. Marlene.

[65:04] Next, so we'll take a vote for us to move to a closed section, closed session to discuss our confidential case reviews. Motion to go to a closed session. Second. And a vote to approve. So we will go to. Is it 30 min or 20 min? Thought it was 20 min. so we will go to a closed session for 20 min, and we'll be back at in 20 min.

[66:52] Alrighty!

[67:04] We just returned from the closed session, and our next item is case review voting case, assignment, status and assignment for new cases. Oh, sorry. Oh, I bet you were! Gonna say the exact same thing I was. Gonna say. As with our new system, we have a roll call vote we're gonna do this 9 times. So let's just make it smooth. Smooth as possible for the people who are going to keep track of our votes. So is everyone ready to vote? Are there any other questions? Okay, thank you for doing your math. Sorry. so the case. The 1st case up for review.

[68:03] Critical incident. Ev. 2, 6, 4, 1. This is for the fatal December office involved shooting on December 17, th votes to review this case. Oh, I'm sorry. Selina, do you want to? How should we do this? Yeah, I can announce your names. Okay, Luna. Yes. Bill. Yes. Victor. Yes. Abigail. Yes. Lizzie. Yes. Milan. Yes. Chico. Yes.

[69:01] Thank you. The next case. Critical critical incident. Ev. 2, 6. I'm sorry. Eb. 2, 7, 6, 4. This is the July 28th taser appointment. taser deployment, firearm discharge that led to the euthanation of a dog votes to review this case. Selena will do the roll call. Okay. Luna. Yes. Bill. No. Victor. No. Thank you. No. Lizzie. No. I'm alone. Yes. And Chico. Sorry did you say? No. No. Okay.

[70:02] Thank you. The next case. MI. 2, 0 2, 4, 0 5, 6, officer one has a rule, 4. Violation respect for others, and officer 2 has a rule, 4. Violation, respect for others. Victor, do you mind rereading the case number? Please. Mi. 2, 0 2, 4, dash 0 5, 6. Okay. Luna. No. Bill. No. Victor. No. Abigail. No. Lizzie. No. Mulan. No. And Chico. No.

[71:02] The next case. MI. 2, 0, 2, 4, dash 0 5, 7. There's a rule one, allegation. compliance with values, rules and general orders. Okay. Luna. No. Bill. No. Victor. No. Abigail. No. Lizzie. No. Milan. No. And we go. No. And if you can make a BA panelist again.

[72:01] Hmm. Next case, MI. 2, 0 2, 4, 0 5, 9, officer. One has a rule, 1, 2. Rule, one. Allegations. I believe we are on 8. Am I off? I think we're on? Oh, 5, 8. Oh, 5, 8. Yeah, that's right. Sorry. So mi, 2, 0, 2, 4, 0 5, 8 officer, one has a rule, 5. Violation police authority and public trust. 2 votes for 0, 5, 8. Luna. Yes. Yeah. Bill. No. Victor. No. Abigail.

[73:00] No. Lizzie. Yes. Milan. Yes. Chico. No. And a b. Ab, I think, is in a breakout room somehow, she texted. You see. Swear I don't see her in a big breakout room. Yeah, I don't. either. She just said. By herself in a room. She's back in the attendees. Oh, okay. There she is. oop.

[74:00] I know they're on the road. So maybe they're having some connection issues. They just dropped again. Yeah, yeah. Okay? So moving on to 0, MI, 2, 0 2 4 dot 0 5 9 officer one has 2 rule, one violations. Okay. Luna. Yes. Bill. Yes. Victor. No. Abigail. Yes. Lizzie. Yes. Milan. Yes. Chico. Yes. The next case, mi. 2, 0, 2, 4, 0 6 0 officer. One has a rule, one. Allegation, compliance

[75:08] with 5 years rules and general orders. Okay. Luna. No. Bill. No. Victor. No. Abigail. No. Lizzie. No. Milan. Nope. And she go. No. A, B. Said No. Yeah, I saw that. Thank you. In your text.

[76:05] The next case, mi. 2, 0, 2, 4, 0 6, 1 officer, one has a rule. 4. Allegation of respect for others. Luna. No. Bill. No. Victor. No. Abigail. Yeah. Lizzie. No. Milan. Nope. Trico. No. And a b. AB: No. Thank you. The next case is MI. 2, 0 2, 4, dash 0 6, 2.

[77:00] There are unknown officers for this complaint, and the allegation is a rule, 4. Violation of respect for others. Luna. No. Bill. No. Victor. No. Abigail. No. Who is he? No. Milan. No. Trico. No. And a b. AB: No. Thank you. The next case, MI. 2, 0, 2, 4, dash 0 6, 3. Officer one has an allegation of rule 8. Violation for conduct.

[78:05] Okay. Luna. No. Bill. No. Victor. Yes. No. No. Lizzie. Yes. Milan. Yes. Chico. No. And a b. AB: Yes. Thank you. The next case, mi, 2, 0, 2, 4, dash 0, 6, 4. Unknown officers for the allegation of a rule, 4. Violation respect for others. I have a quick question. so there was a tie

[79:02] in the last case. What what happens there. I believe a tie is as good as a novo from my understanding. Okay. Really. you know. The bylaws say. It's not a majority. Okay. am I? 2024. Dash 0, 6, 4 Luna. No. Bill. No. Victor. No. Abigail. Now. Lizzie. No. Milan. Nope. Chico. No. And a b. AB: No.

[80:22] So next, we need to assigned cases correct. and we voted to accept. The fatal critical incident, and 0 5 9 are what my documentation shows. Yep. So with the critical incident of 6 4, 1, there'll be 3 primaries, and the rest will just be there as a group right for that one. but there'll be 3 voting members that will pick. Oh, okay. In other cases. If there's more than 3 people who want to be voting members, we've, we've allowed more than 3 people to sign up, and in fact, it's nice if more people sign up. So then if there's a conflict or something we have backup.

[81:14] Who would like to sign up for Evt. 641. See Abigail, Lizzie Milan and Ab. Oh, okay. And then the next case was 0 5 9. Is that correct? And who would like to volunteer for 0 5 9 Chico, Luna

[82:00] and Bill. Well, awesome. Thank you. Everyone for that work. It's also nice to note that the conflict facilitation process was successful for a case last month. So that was. It has not happened it it has not. And yet. But the the parties agreed to do it, and it's been referred to. The. It's been referred to the the mediation conflict, facilitation people. Well, that's nice to know that there are, you know, some possible other outcomes. that don't include us. And there's, you know, other possibilities. Yulin.

[83:03] Is this a good time, Victor, to ask a question that was not on the agenda? or do I have. Yes, it is. I'm wondering if we could reconsider the Monday evening meetings. Because it used to be every Wednesdays, and I don't think that was any issue, and then we had to reschedule at some point on to Mondays. My issue with Mondays is that for one that's Mondays. I I have in general 2 meetings. I would. But it's also the Naacp's meetings are all often happening at the same monthly meetings. considering that you know the history with the of this panel, the Naacp. I think it would be important to make sure that they can participate. At least, or attend this meeting, and honestly, for me, it's like requiring me to

[84:12] reschedule to meetings, so I don't know. I know we all have different schedules, and I absolutely want to be, you know, mindful every of everybody else's schedules. But I was wondering if we could maybe put that to the agenda, maybe for next month to, or to to see if that would be possible, to move back to Wednesdays. I'm not sure why we moved from Wednesdays to Mondays. I don't. If it's important. why can't they just work around our schedule like move your Monday meeting and just come to our meetings right. I don't hear anyone else bringing in other groups to move the meetings around, so I would just. I'm I'm. On that and say, Why can't they just have their meetings on Wednesday or Tuesday, and attend our Monday meetings?

[85:02] I'm not talking for the Naacp. I'm just noticing that it's at the same time, and that could be construed as a willful act on our part rather than on theirs. That's a lot of constraint. That's a lot of constraint. I mean, it's just. Anyway, I'm I'm just saying that that's a conflict for me. And I'm I'm also noticing that I'm not making any con contractures on that I'm not making. I'm just saying that would be nice. and I'm asking if we can consider it. I'm not asking for any changes. Obligatory changes. So, but I appreciate you, considering that, if possible. Lucy, I see your hand. Yeah. Just want to say I appreciate the comments from Ellen, and I'm happy to open a conversation about looking at everyone's availability for Wednesday

[86:00] and consider potential. Move back. I I mean we. The the reason that it changed was because people were having conflicts, and we put it out to a poll to see when people had the most availability. And the Monday night is what what did work? But if if people want another poll to be sent out to see what what time works for works. The best for people that I'm offering Selena to do such a thing. I I don't remember a poll. But yeah, maybe I mean, if it was a poll then I stand corrected. I don't remember the poll about our Monday meetings, but. We don't have the intent to willfully construe a meeting, so other people can attend like that's we're just trying to find a time to meet right. That's not on our agenda. So

[87:01] are there any other things that are not. On the agenda. Oh, go ahead! Bill! I was just gonna say, my Wednesday Wednesdays are full. That's why I picked Monday so I wouldn't. I wouldn't be able to change to Wednesdays, so. AB: I I wouldn't be. Because I do remember the Google. I do remember the Google Calendar. And that's why I chose Mondays. Okay, I can correct it. And I apologize for the delay in finishing this meeting. Oh. there we go! I have an unrelated comment to the meetings. So sherry yours was about that I can do a second. Oh, I think because of the conflict with Veterans Day. Just a reminder that it. The the meeting, I think, is November 18th instead of November 11, th as it would have been if it just fell on the calendar.

[88:08] sharing that out. I just have a brief plug. I am talking with the director of Iowa's, the University of Iowa's Law School. Tech and Civil rights clinic their director because of law school things. And the new Axon AI reporting that Chief Redfern brought up to us because they've started to think about that. So if you have any questions about it that you would like me to ask a tech policy lawyer, let me know. and I'd be glad to like, write up a report to bring to the panel, or like see if she talked to us or other things. I'm happy to

[89:02] move and groove with that. So just putting that on people's radar. Abigail, since we're at the Naco Conference accent as a big as a table here, so if you have any questions for them, I'm happy to ask them for you. So just just text me. It would be nice to cross, check a few things. Well, thank you. Everyone for your participation and engagement tonight. Have a safe rest of your week, and it's good to see you. Hi! Everyone. Thank you, take care! Bye. By.