HomeMy WebLinkAbout1993 Board of Police Commissioners Minutes - All 01 -10-94AG 55 P VD
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BOARD OF POLICE COMMISSIONERS
�Sfid � � ��,� 120 W. Michigan Ave.
V/ Lansing, Michigan 48933
*° * (517) 372-9400
46 OFFICIAL PROCEEDINGS OF THE
Cmaji BOARD OF POLICE COMMISSIONERS
OF THE CITY OF LANSING
DECEMBER 16, 1993
The regular meeting of the Board of Police Commissioners was held after its
meeting to approve the Police Department's 1994-95 Fiscal Year Budget. The
meeting was called to order by Vice-Chairperson Nolan Owen.
ROLL CALL
The following Commissioners were present: Canady, Owen, Person,
Valdez, Weis
The following Commissioners were absent: Hicks, Kellogg, Walker
ADDITIONS TO AGENDA - No additions to the agenda.
APPROVAL OF MINUTES
The Minutes of the November 16, 1993 Regular Meeting of the Board were
approved as submitted.
COMMENTS BY MEMBERS OF THE PUBLIC - There were no members of
the public present.
FRATERNAL ORDER OF POLICE BUSINESS - There were no F.O.P.
representatives present.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department
were received from the following individuals: Larry Jess; C.J. and Jody
Nailor; Cindy Robson; Mrs. Richard W. St. Onge; Les Weismiller; Sheriff
Wriggelsworth. All communications were accepted and placed on file.
Commissioner Canady expressed his appreciation for the excellent escort
service provided by L.P.D. during a recent funeral procession for a member of
his family.
"Equal Opportunity Employer"
CONFIRMATIONS, RESIGNATIONS, RETIREMENTS - The retirement of
Sergeant Kenneth Ruppert was accepted.
COMPLAINTS AGAINST THE DEPARTMENT - The Board acknowledged
the Civil Rights Complaint of Anthony Malone.
REPORTS OF OFFICERS - The Departmental Highlights Report for
November 1993 was accepted and placed on file.
COMMITTEE REPORTS
Awards: No report; Human Resource: No report; Budget: No report.
COMMISSIONERS' COMMENTS -
Commissioner Weis passed along positive comments he received from several
people on the customer-service orientation of the Police Department and,
specifically, the courtesy of the police officers. While this has been a slow
process, the communications received by the Department also reflect the change
and more positive view of police services. The Board agreed that the Chief and
the Department should be commended for this change and further expressed their
pleasure in Mayor-Elect Hollister's decision to retain Chief Boles. They felt that
the Chief has done an outstanding job in providing direction and creating positive
change. The Chief was appreciative of the Commissioners' support.
Commissioner Owen asked how the new Supreme Court ruling on the seizure of
property affects our area. Paul McComb said that the Supreme Court was
dissatisfied with the process and time limitations in that particular case and others
of that nature. In a summary of the Supreme Court ruling, it said that they wanted
a due process hearing before it takes place. Chief Boles said that LPD operates
with an automatic due process. Anything forfeited through the REACH operation
or Tri-County Metro goes through a formal process involving the Prosecutor's
office and attorneys who represent the government in the hearings. People who
have had property seized have an opportunity to present their case through their
attorney. LPD does not forfeit property without a due process. Chief Boles does
not believe that LPD's forfeiture operations will change.
Commissioner Canady asked if there were upcoming 1994 vacancies on this Boat-d
and who has the authority to change the current membership. Chief Boles
responded that there will be one or two expirations in July 1994. The Chief does
not believe that anyone can dismiss current City Board members in order to
2
appoint new members. It is his understanding that memberships stand until the
terms expire.
There was discussion on the pros and cons of the legalization of drugs. Some
countries who have tried legalizing drugs have had significant problems. It is a
very complicated and tough issue.
Commissioner Canady commented on the high rating that Lansing received
nationwide for having a low crime rate. This certainly reflects positively upon the
Police Department. Chief Boles commented that there is still a Public Affairs
Officer position to be filled which grew out of the strategic planning process. In
order to more accurately reflect activities in the community, we will provide the
media with a variety of positive public interest material. Eventually we should see
the more positive stories in the news.
CHIEF'S COMMENTS
The Chief wished everyone a happy holiday and thanked them for their support.
In follow up to a previous discussion on the F.T.O. program, the Chief provided
results of the F.T.O. program as it relates to ethnic group and gender. The
F.T.O. cadre did the numbers, and Captain Dawson put together the language as it
relates to the Civil Rights Act of 1991. There is a problem with the number of
Hispanic officers who have not succeeded in the F.T.O. program. Because we are
dealing with low numbers, if the Hispanic officers who are currently in the
program succeed, that category would be above the 80% range very shortly. The
Chief said that we are concerned and looking into this. He solicited input from
Board members and suggested discussing this at the next meeting.
OTHER BUSINESS
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board
3
OFFICIAL PROCEEDING OF THE C
BOARD OF POLICE COMMISSIONERS
OF THE CITY OF LANSING
NG Ppuc
NOVEMBER 16, 1993
The meeting was called to order by Chairperson Sharon Kellogg.
2 7-9 3 A 0 3 5
bLIC -
ROLL CALL
93 1199.. The following Commissioners were present: Canady, Hicks, Kellogg,
Owen, Person, Valdez,
MES A.CRAWFORD Walker
MAYOR
ROME G. BOLES 11
CH OF POLICE The following Commissioners were absent: Weis
BOARD OF POLICE Commissioner Kellogg introduced and welcomed Jim Person as the newest
COMMISSIONERS
WILLARD WALKER member of the Board. Commissioner Person is fulfilling the vacancy
CHAITTEnSON
SI IAnON KELLOGG created by David Osborn's resignation.
VICE CI IAIRPERSON
.EE(PETE)CANADY
SI IERRI HICKS ADDITIONS TO AGENDA
DAVID OSBORN
NOLAN OWEN
ARMIDA VALDEZ Dr. Teressa Staten, mother of former Officer Johnathan Staten, was in
JOHN WEIS
attendance to give a presentation on suicide. Prior to her presentation, Dr.
Staten commended Chief Boles and his staff for the kindness and support
provided to her family during the loss of her son, Johnathan Staten. She
also thanked the many officers who provided the support and help needed.
In particular, she thanked Officer Ed Forrest and Officer barren Duso,
who have become a part of their extended family. Dr. Staten addressed the
Board with excerpts from her research findings on suicide and, in
particular, police officers and suicide. By sharing this information and
making recommendations, Dr. Staten is hopeful of preventing the loss of
loved ones. A summary of the information she presented is attached. All
persons present at this meeting were appreciative of her insight and
communication of this worthwhile information.
APPROVAL OF MINUTES
The Minutes of the August 17, 1993 Regular Meeting of the Board were
approved as submitted.
-ANSING POLICE
DEPARTMENT
20 W.MICHIGAN
MqSING,MI 48933
11.(517)483-4600
/V:(517)483-4824 POLICE AND COMMUNITY PARTA RSI-IfPS FOR PROGRESS AND EXCFLLI--N(:F
"EQUAL OPPORTUNITY EMPLOYER"
COMMENTS BY MEMI RS OF THE PUBLIC
There were no members of the public present.
FRATERNAL ORDER OF POLICE BUSINESS
Officer Craig Baylis was present as a representative for the F.O.P.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department were
received from the following individuals: Carol Kay Bucher; Tom Dudley; Toshiki
Fujimura/Yoshihiko Nakayama; Frank S. Gattolin; Mrs. C. Holeles-Jackson;
FireChief Samuel R. Hopkins; Frank Horvath, Ph.D.; Chief Robert L. Johnson;
Pat Kreczmer; Joane Manshum; D/F/Lt. Thomas J. Miller; Merry Morash, Ph.D.;
Elizabeth Neuhoff. All communications from the last three months were accepted
and placed on file.
CONFIRMATIONS, RESIGNATIONS RETIREMENTS
The confirmations of Officers Connie Birdsley, Jacqueline Keene, Scott Polhemus,
and Angela Young were accepted and placed on file. The retirements of Sergeant
Samuel Bennett, Detective William Mathis, and Officer Jeffrey Curtis were
accepted.
COMPLAINTS AGAINST THE DEPARTMENT
The Board acknowledged the Withdrawal of Sergeant Clyde Smith's Civil Rights
Complaint. Members expressed interest in finding out why this Complaint was
withdrawn.
REPORTS OF OFFICERS
The Departmental Highlights Reports for August, September, and October 1993
were accepted and placed on file.
COMMITTEE REPORTS
Awards: No report; 1Iuman Resource: No report; Budget: No report.
2
COMMISSIONEF COMMENTS -
Commissioner Hicks announced that the retirement dinner party of Sergeant Sam
Bennett will be held on January 6, 1994. Information is forthcoming on obtaining
tickets.
Commissioner Hicks inquired as to whether the City or the Police Department
paid for Sergeant Clyde Smith's attorney fees in relation to his ongoing case.
Chief Boles said that at this time, the issue is before City Council and not in the
hands of LPD. City Council is reviewing it, and they've asked for a breakdown
of hours to insure that there would be no other liabilities from the other attorney
who participated in that case. It is not known whether that information has been
provided.
Commissioner Owen inquired about the status of Bruce Ferguson's case. Chief
Boles said there is an unfair labor practice and an arbitration date scheduled for the
first week in December. Officer Baylis said that the Union has been in contact
with Bruce Ferguson and that things are locked into the process.
Commissioner Hicks thought the Board was going to hold a special meeting to deal
with the entire Smith case. Commissioner Kellogg responded that she talked to
Chief Boles and Paul McComb regarding the appropriateness of holding a special
meeting since aspects of the case were still pending. It was determined that it
should not be handled in any kind of a special meeting. Commissioner Kellogg
was supposed to have called all Board members to explain this. Due to business
obligations, she could not do so and offered her apology.
Commissioner Hicks asked for an analysis of the Field Training Officer (F.T.O.)
program as it relates to minorities who she believes are having a difficult time
making it through. Chief Boles agreed to provide an analysis which will reflect
the success rate and number of people enrolled according to race and gender.
There was considerable discussion on the F.T.O. program. Chief Boles explained
the program and its design for success. Officer Baylis commented positively on
the F.T.O. program and its success.
Commissioner Hicks expressed concern over the formation of minority groups
(Blacks and Hispanics) within the Police Department. Chief Boles explained that
when the Black group was formed, he too was concerned that it was being done so
for political or work-related issues. The Black officers assured the Chief that their
intent was to form the organization for positive reasons -- to be role models within
their profession and in the community. The Hispanic officers group was formed
regionally, comprising Ingham County, Michigan State Police, Lansing and other
agencies in the State of Michigan. That organization formed last year as an
3
initiative to help,fund the banish art exhibit on display at State Historical
Museum. Money received from the art exhibit was to be used as scholarship funds
for Hispanics to enter the profession of law enforcement. The Chief explained his
understanding that both organizations formed under auspices of doing positive
things for the Lansing Police Department, law enforcement agencies in this
community, and for members of their own ethnic community. Commissioner
Walker said that when he met with the group of Black officers, he heard that the
group existed for the same reasons that the Chief cited. There was a need in the
community, they wanted to serve as role models, and the group provided a formal
way to communicate.
Commissioner Walker apologized for his absence over the last three months. He
expressed concern in the Sergeant Smith case as it relates to the Board's
involvement and the communication of information. He believes that at an
appropriate time a total body of information should be provided to the Board, so
that they are informed. Without information, others often assume Board members
are informed and just not taking any action.
Chief Boles said that the City is still under litigation with Sergeant Smith and ex-
officer Ferguson. Bruce Ferguson, through the Union, is attempting to regain his
job. The Chief is not sure where things are as far as the legality of opening these
records. The facts of the Smith case were exposed through the preliminary
examination. The Police Department has not released anything. We are not in a
position to counter what others may have said in this matter. This is an internal
document, an internal investigation, and it involves more than the two people
mentioned here tonight -- other officers, other personnel and other civilians. Chief
Boles said that when talking about an open forum of that case, he had to defer to
Paul McComb or the City Attorney.
Paul McComb explained that the Police Department adheres to the Bullard-
Pawlicki Employee Right To Know Act, which creates special exceptions for law
enforcement agencies and requires them to keep investigations relating to either a
violation of law or a violation of agency rule or regulation separate and
confidential from all personnel records. The term that causes problems for us is
"confidential". For disciplinary purposes, only the employee who was the subject
of the discipline could appeal to the Board. The Chief can't do that, no other
member can do that, only the employee. If an employee chooses to appeal to the
Board, they are waiving their right of confidentiality. The Open Meetings Act
also provides that the employee can request that the session of the agency
reviewing that discipline be closed. Only the employee can ask for a closed
meeting. Neither the Chief nor a Board member can do it. That request has to
come from the employee. If we bring in Internal Affairs investigative records, no
one here can request that the meeting be closed legally, not even the employee,
4
because the emplo: is not being disciplined. It prk nts a dilemma when
discussing the presentation of factual information from the investigative files. The
only compromise that seems possible is perhaps to offer a summary of the process
utilized for the investigation without reference to specific statements or facts that
are contained in the file.
Commissioner Walker clarified that the Board acted properly according to what
Paul McComb explained. Therefore, if this Board wants to know the confidential
information, the officers involved or the judge would have to request that the case
be reopened and heard by the Board.
Chief Boles said that we are trying to provide as much information as we can on
this issue. Perhaps we can send Board members the summary to the Civil Rights
Complaint that was prepared in response to their request. Members expressed
interest in having whatever information they can.
CHIEF'S COMMENTS
The Chief reported that P.A.L, has asked if the Board can again sponsor a
basketball team this year. The Board agreed to do so at the cost of $250/team or
$31.25 per Board member. Also, volunteers are needed in various capacities --
transportation to events, coaches, etc. P.A.L.'s office number is 483-6022.
The Chief reported that the Ride Along Program was reinstated on November 1,
1993.
OTHER BUSINESS
The next regular Board meeting will be held along with Budget meeting on a date
yet to be announced. There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board
5
12-20-93P03 : 58 RCVD
THE SEPTEMBER 21 AND OCTOBER 19, 1993
REGULAR MEETINGS OF THE BOARD OF POLICE
COMMISSIONERS WERE CANCELLED DUE TO A
LACK OF A QUORUM.
12-20-93P03 : 58 RCVD
OFFICIAL PROCEEDINGS OF THE
Nc p BOARD OF POLICE COMMISSIONERS
` OF THE CITY OF LANSING
1=
AUGUST 17, 1993
pOLICg
The meeting was called to order by Chairperson Sherri Hicks.
res3-,993 ROLL CALL
JAMES A.CRAWFORD The following Commissioners were present: Canady, Hicks, Owen,
MAYOR
JEROME G. BOLES II
Valdez, Weis
CHIEF OF POLICE
The following Commissioners were absent: Kellogg, Walker
BOARD OF POLICE
_COMMISSIONERS
WILLARD WALKER ADDITIONS TO AGENDA
CHAIRPERSON
SHARON KELLOGG
VICE CHAIRPERSON
LEE(PETE)CANADY ELECTION OF OFFICERS
SHERRI HICKS
DAVID OSBORN
NOLAN OWEN Commissioner Hicks called for the nomination of officers. Commissioner
ARMIDAVALDEZ
JOHN WETS
Weis nominated Commissioner Kellogg for the position of Chairperson.
OHN
This single nomination was supported by Commissioner Canady and
carried.
Commissioner Canady nominated Commissioner Owen as Vice-
Chairperson. This nomination was supported by Commissioner Valdez and
Commissioner Owen was unanimously elected as Vice Chairperson.
APPROVAL OF MINUTES
The Minutes of the July 20, 1993 Regular Meeting of the Board were
approved as submitted.
COMMENTS BY MEMBERS OF THE PUBLIC
There were no members of the public present.
FRATERNAL ORDER OF POLICE BUSINESS
LANSING POLICE
DEPARTMENT There were no F.O.P. representatives present.
120 W.MICHIGAN
LANSING,MI 48933
PH.(517)483-4600
FAX:(517)483-4624 POLICE AND COMMUNITY PARTNERSHIPS FOR PROGRESS AND EXCELLENCE
"EQUAL OPPORTUNITY EMPLOYER"
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department were
received from the following individuals: Dortha Chapplle/Captain Bauer; Chief
Boles/Crimes Against Property Squad; Captain Dale E. Davis, Clinton County
Sheriff Department; David A. Detrisac, M.D.; Laura Jane Hill. All
communications were accepted and placed on file.
CONFIRMATIONS, RESIGNATIONS, RETIREMENTS
The confirmation of Officer Victoria Vaughan was accepted and placed on file.
COMPLAINTS AGAINST THE DEPARTMENT
Commissioner Canady asked for an update on the internal investigation of the
Clyde Smith case and his Civil Rights Complaint. Chief Boles reported that the
internal investigation has been closed. The Lansing Police Department was
unable, through internal investigations following the preliminary hearing, to sustain
a complaint. We had conflicting testimony from parties involved. Under our
procedure, we must conclude that an internal investigation is either sustained, non-
sustained, unfounded or exonerated. "Non-sustained" concludes that there was not
a preponderance of evidence one way or the other to prove or disprove the
allegation. All available information was reviewed to reach this conclusion. The
Civil Rights Complaint was received prior to Sergeant Smith's reinstatement, and
responses were prepared for the interrogatories that accompanied the complaint.
Paul McComb prepared the summary and responses which were reviewed by the
City Attorney's office. We have not heard anything further and the matter is still
pending.
Commissioner Commissioner Hicks inquired as to the status of Bruce Ferguson,
the officer who resigned as the result of the criminal investigation in this same
case. Chief Boles replied that his resignation still stands as of now. The Union
filed an unfair labor practice and a grievance which is pending with labor relations
and the F.O.P.
REPORTS OF OFFICERS
The Departmental Highlights Report for July 1993 was accepted and placed on
file.
COMMITTEE REPORTS
Awards: Commissioners Weis and Canady complimented Sergeant Mark Alley
for a superb job in organizing the recent Awards Committee meeting. A total of
43 nominees were reviewed with 14 awards issued to Department personnel and 18
awards issued to citizen nominees. Sergeant Alley and the other officers involved
were dedicated and well organized. Commissioner Canady encouraged Board
members to attend the upcoming Awards & Recognition Program as it is a
worthwhile occasion. It will be held on Tuesday, October 12, 1993 at 7:00 P.M.,
Dart Auditorium.
Human Resource: No report. Budget: No report.
COMMISSIONERS' COMMENTS -
Commissioner Valdez asked whether pawn shops sell guns as she witnessed
someone showing a duffle bag with machine guns to a pawn shop owner. Chief
Boles said that a federal firearm license is required to deal in those kinds of
firearms. Only handguns are covered by permits to purchase. Chief Boles will
look into that situation and report back.
Commissioner Valdez commented on the recent Northside Neighborhood
Association meeting. It is apparent that everyone is concerned with the recent
shooting incidents. Chief Boles empathized with the concerns while
acknowledging that people expect an immediate cure for social ills that have been
allowed to develop over a long period of time. The Northside Neighborhood
Association will hopefully prioritize their needs. We can then begin to devote
Police Department resources or channel other City resources through the Mayor's
office to work on resolving these problems.
Commissioner Weis who also attended that meeting was encouraged that most of
the neighborhood people talked strongly about assuming responsibility for
themselves and their neighborhood in partnership with the Police Department. It
was very apparent among the participants that they assume a major role and
responsibility.
Chief Boles encouraged Board members to attend 'a follow-up meeting of the
Northside Neighborhood Association on August 30 at the Mt. Zion Educational
Center. Reverend Graves has been gracious in allowing us use of that site for
meetings. Things seem to be moving forward with the recent organization of the
Northside Neighborhood Association, the election of its executive officers, and the
assignment of a Community Policing Officer who covers a majority of that area.
CHIEF'S COMMENTS
Chief Boles reminded everyone of the LPD Heart Fund Golf Outing to be held on
September 8, 1993 at Mason Hills Golf Club.
OTHER BUSINESS
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board
OFFICIAL PROCEEDINC OF THE
BOARD OF POLICE COMNIISSIONERS
OF THE CITY OF LANSING
ei
JULY 20, 1993 12-20-93P03 : 59 RCVD
The meeting was called to order by Chairperson Willard Walker.
POLICE
ROLL CALL
�893 jg9� The following Commissioners were present: Canady, Hicks, Owen,
Walker, Weis
AMES A.CRAWFORD
MAYOR The following Commissioners were absent: Kellogg, Valdez
=ROME G. BOLES II
CHIEF OF POLICE
APPROVAL OF MINUTES
BOARD OF POLICE
COMMISSIONERS
WI LA RDPER ON WALKER
The Minutes of the June 15, 1993 Regular Meeting of the Board were
SHARON KELLOGG approved as submitted.
VICE CHAIRPERSON
LEE(PETE)CANADY
SHERRI HICKS ADDITIONS TO AGENDA
DAVID OSBORN
NOLAN OWEN
IDA VALDEZ
HN WEIS The Election of Officers was postponed until the August 1993 meeting.
COMMENTS BY MEMBERS OF THE PUBLIC
There were no members of the public present.
FRATERNAL ORDER OF POLICE BUSINESS
Officer Kay Kennedy was present and introduced herself as the new FOP
Non-Supervisors Bargaining Unit representative.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department
were received from the following individuals: Catherine French; Darleen
Hartig; Sergeant Chris Magnus; Judge Beverley Nettles-Nickerson; The
Blade, "In Lansing, Local Policing Works".
ING POLICE Commissioners Walker and Weis were complimentary and appreciative of
RTMENT Sergeant Chris Magnus' letter regarding a felony stop. Commissioner
ANSING,IMH489 3 Walker also was complimentary of The Toledo Blade article on Lansing's
3H.(51 7)483-4600
AX:(517)4834824 POLICE AND COMMUNITY PARTNERSHIPS FOR PROGRESS AND EXCELLENCE
"EQUAL OPPORTUNfTY EMPLOYER"
community policing. All communications were accepted and placed on file.
CONFIRMATIONS, RESIGNATIONS, RETIREMENTS
The retirement of Lieutenant Gerald E. Miller was accepted with regrets.
Chief Boles added that in regard to the reorganization, this is the second of
three lieutenant positions to be eliminated. Two sergeants positions were added
for a net loss of one position. By attrition, the last lieutenant position should be
eliminated within the next eight months.
COMPLAINTS AGAINST THE DEPARTMENT
There were no complaints included this month. However, Chief Boles reported
that Sergeant Clyde Smith has filed a Civil Rights Complaint against the
Department in regard to his ongoing investigation. We are in the process of
answering the allegations as requested by the Michigan Department of Civil
Rights. There will be a summary of this Complaint in the next Board packet.
Sergeant Smith's administrative investigation is expected to be concluded by
next week. The time limit for the Prosecuting Attorney, Don Martin, to appeal
Judge Manderfield's ruling has expired, so there will be no appeal of the case.
Commissioner Owen inquired about the status of Bruce Ferguson who resigned
from the Department as the result of the opening of an investigation on this
same incident. Chief Boles reported that he filed a grievance. The City stated
that it's a non-grievable item as he's no longer employed by the City. His
decision to resign resulted from a negotiation between him, his attorney, and
the Prosecuting Attorney. This grievance is expected to go forward through the
Labor Relations process.
REPORTS OF OFFICERS
Commissioners Canady, Hicks, and Weiss expressed interest in riding along on
a drug raid. Chief Boles advised that they need to coordinate with the Special
Operations Division.
Commissioner Walker asked that the Community Policing Officers' names be
included in the Community Policing section of the Highlights Report. He also
asked for an explanation of the change in procedure for handling shoplifters
which was mentioned in the Investigations Division report.
2
The Departmental Highlights Report for June 1993 was accepted and placed on
• file.
COMMITTEE REPORTS
Awards: Commissioner Weis said that there is a meeting scheduled for August 3.
Human Resource: Commissioner Hicks said that after meeting with Captain
Dawson and reviewing information he will provide to her, she would schedule a
committee meeting and report at the next Board meeting.
Budget: Chief Boles reported that a few late budget requests were honored such
as a piece of equipment for the workout room and a consultant's contract for
assistance with task analysis in preparation of the next promotional exam.
COMMISSIONERS' COMMENTS -
Commissioner Hicks complimented Detective Randy Jones for his help and
professionalism in handling the concerns of a young witness in a recent shooting
case.
• Commissioner.Walker inquired about the Board vacancy created by the resignation
of David Osborn. Chief Boles reported that the Mayor took a name to Council
and the individual temporarily removed himself from consideration because of a
possible conflict of interest. He is an attorney who does legal work for and
against the City. We are awaiting the outcome.
CHIEF'S COMMENTS
Chief Boles reminded Board members of the Centennial Picnic scheduled for
August 1, Sunday, at Frances Park, 12:00 Noon until 6:00 P.M. Food and drinks
will be provided for LPD employees, Board members and their families by the
Centennial Committee.
P.A.L. has recognized the Police Board, as a team sponsor, with a letter, team
picture, and a T-shirt. Chief Boles will attempt to obtain T-shirts for all Board
members. Commissioner Owen suggested that the Board sponsor a team again this
year. Commissioner Canady will help in obtaining Health Central as a sponsor for
basketball. Commissioner Owen said that P.A.L. may apply for sponsorship from
. 3
the Community Foundation in the spring. There will be a P.A.L. day-long track
• and field event at Sexton High School on August 7.
Chief Boles reported that the first $5,000 of proceeds from the LPD Heart Fund
Golf Outing, to be held on September 8, will go to Ingham Medical as in the past.
Other profits will go to P.A.L. The time has come, after 20 years, to redirect
some of that money and to thus allow P.A.L. funding continuity and the
responsibility for coordinating the outing. Commissioners Hicks and Walker asked
to attend the Heart Fund dinner only.
Commissioner Canady commented that the Centennial Golf Outing on July 9 was
well run and well attended.
OTHER BUSINESS
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board
4
O 1 I CIAL PROCEEDINGS OF T1IE
BOARD OF POLICE COMMISSIONERS
OF THE CITY OF LANSI�N
• ,dc vo�cF 12-2 3P03 59 RCVD
JUNE 15, 1993
""111� The meeting was called to order by Chairperson Willard Walker.
-VOLICF-
� :;� ROLL CALL
R!� ;.
�8a319°3 The following Commissioners were present: Canady, Kellogg, Osborn
Owen, Walker
JAMES A.CRAWFORD
MAYOR
The following Commissioners were absent: Hicks, Valdez; Weis
JEROME G. BOLES II
CHIEF OF POLICE
APPROVAL OF MINUTES
BOARD OF POLICE
_COMMISSIONERS_
WILLARD WALKER The Minutes of the April 20, 1993 Regular Meeting of the Board were
CHAIRPERSON
SHARON KELLOGG approved as submitted.
VICE CHAIRPERSON
LEE(PETE)CANADY
HICKS
DAVID ADDITIONS TO AGENDA
AVID OSBORN
NOLAN OWEN
RMIDA VALDEZ
JOHN WEIS There were no additions to the Agenda.
COMMENTS BY MEMBERS OF THE PUBLIC
There were no members of the public present.
FRATERNAL ORDER OF POLICE BUSINESS
There were no representatives present.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department
were received from the following individuals: Christine Hanes, R.N.; Judy
Harrison, Council Against Domestic Assault; Olga Kaiser; Doug Miller,
American Cancer Society; Geri Neal, F.A.N.A.; R. Eric Reickel, Parks
and Recreation Dept.; Norm Robison and Janet Scheetz, Mt. Hope
Elementary School; Douglas Rogers, DeWitt Township Police Department;
Sue Trimm, Lansing School District; Cheryl VanDeKerkhove; Emily L.
EPA TMENTE WaSzak. All communications were accepted and placed on file.
20 W.MICHIGAN
LANSING,MI 48933
PH.(517)483-4600
FAX:(517)483-4824 POLICE AND COMMUNITY PARTNERSHIPS FOR PROGRESS AND EXCELLENCE
"EQUAL OPPORTUNITY EMPLOYER"
CONFIRMATION, RESIGNATIONS, RETIREML_ . I'S
The confirmations of Officers Paul Arnold, David Nosotti, and Christopher
Ojibway were accepted. The resignations of Detention Officer Renee M.
Peterman, Technician Pamela S. Ruppert, and Officer William H. Smith were.
accepted. The retirements of Detective Bruce A. Behrmann and Charles H.
Smiley were accepted with regrets. '
Commissioner Walker inquired about the employee vacancy status. Chief Boles
reported that the Department has approximately 8-9 police officer vacancies and
approximately 6-7 civilian support position vacancies. The police officer hiring
process is continuing. Retirements are accelerating with two or more a month,
so the process will be ongoing.
Commissioner Canady asked whether EEOC policies are required in the Police
Department. Chief Boles explained that EEOC guidelines for all City
departments are handled through the Human Relations Department. All new
City hires are routed through several review steps one of which is the Human
Relations Department. They check representation and underutilization in
different classifications throughout the City and throughout various job
functions. The Mayor will not authorize a hire in any City department until it
has gone through the appropriate steps.
• COMPLAINTS AGAINST THE DEPARTMENT
There was a dismissal of a Civil Rights complaint against the Department filed
by Dennis V. White.
REPORTS OF OFFICERS
Commissioner Walker asked where the money goes from the collection of false
alarm fees. Chief Boles explained that under ordinance the money goes to the
General Fund. Collections do not go into any specific Police Department funds
nor are they earmarked for any purpose. In the case of false alarms in housing
projects or other City facilities, there is a transfer of funds from one City
agency to another. Commissioner Canady asked what.constitutes a false alarm
in a housing project. Chief Boles explained that false alarms are caused by
human error (employee turnover/insufficient employee training) or equipment
failure/malfunction (possibly triggered by certain weather conditions). Paul
McComb added that subscribers receive two free false alarms in every 12-
month period. They do not get billed until the third false alarm. The purpose
• of false alarm billing is to reduce the number of false alarms. There was a
typical, temporary reduction in false alarms when the ordinance and billing
went into effect.
-2-
1phe Departmental i,,ghlights Report for April and M., 1993 were accepted and
placed on file.
COMMITTEE REPORTS
Awards: No report; Human Resource: No report; Budget: See Chief's
comments; Special McConnell Task Force: No report.
COMMISSIONERS' COMMENTS -
Commissioner Canady inquired about the Police Board's role in the Internal
Affairs investigation of the recent case involving Sergeant Clyde Smith. Paul
McComb explained that since the passage of the Personnel Records Act, the
Bullard-Pawlicki Personnel Right-to-Know Act, by the State of Michigan,
investigations of either a violation of an agency rule or a violation of law must
be kept separately and confidentially from all personnel files. The
interpretation that we apply to the term "confidentially" is that those files are .
closed except for the administrative disciplinary process. We deny access to
those files under the Freedom of Information Act in lawsuits, and we refuse to
release any file even to an employee unless a court orders us to do so. We have
not even been ordered to turn those over to employees. If a Police
Commissioner has an interest in a complaint, the Commissioner or the Police
Board can receive a summary of the complaint and the investigation that was
conducted by the Internal Affairs sergeant or the officer's supervisors. We will
try to provide as much information as we can without giving access to or copies
of records under the law.
As Commissioner David Osborn will be getting married and moving out of the
City, he submitted his resignation from the Police Board effective June 16,
1993. The Board regretfully accepted his resignation and extended their
congratulations.
There was discussion on the recently approved loitering ordinance. Chief Boles
summarized that we can now verify whether someone has received a warning.
The intent of the law is to take this undesirable traffic out of residential
neighborhoods, especially during the middle of the night, early morning hours.
Commissioner Kellogg expressed interest in scheduling a ride-along.
CHIEF'S COMMENTS
Chief Boles provided an update on the Sergeant Clyde Smith case. LPD
received an anonymous letter with allegations that went against departmental
policy and potentially had criminal ramifications. In all cases where a
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rw
reliminary administrative investigation indicates potential criminal violation,
e're bound to notif he Prosecutor. The Prosecutor er reviewing the
reliminary investigation requested an investigation. At that time, Internal
Affairs ceased to investigate the case and two criminal investigators were
assigned to the case. The two criminal investigators finished developing that
case and presented it to the Prosecutor. The Prosecutor issued a three-count
warrant. That case then went to a preliminary hearing to determine if there
was sufficient evidence to have the case bound over to Circuit Court for trial.
Judge Manderfield ruled, in her opinion, that the case would not be bound
over. We have not received her rationale, reasoning in writing yet. The
Prosecutor, as of this morning, is waiting to receive that to make a
determination on what they're going to do -- whether they are going to appeal it
or stand with the ruling of Judge Manderfield. Subsequent to that and
regardless of what the Prosecutor does, LPD Internal Affairs is reactivating the
case from an administrative standpoint. Potentially, disciplinary sanctions may
be applied. If so, it is the officer's option, through the appeal process, to bring
the case to this Board. If the officer requests that the case be brought before
the Police Board, that would be the only time the Board would see the entire
content of the case.
Commissioner Canady inquired as to whether action is being taken against the
other officers involved, i.e. criminal or administrative investigation.
Chief Boles said that allegedly three officers were in the car at the time of this
incident. To date, only one officer, based on advice of counsel, has made any
statement to either Internal Affairs or on the record in court. The other
officers, based on Fifth Amendment rights and advice of counsel, did not take
the stand and testify at the preliminary hearing nor give a statement to the
criminal investigators. Since that time, one of those officers has resigned.
That officer has now filed a grievance through the union for reinstatement of
his job.
Chief Boles said that Sergeant Smith has been on suspension with pay. The
officer who resigned went off the payroll. The other officer has continued to
work and has cooperated in the investigation. We do not have any
grounds criminally nor evidence contrary to her statements. The only
information we have had to operate on, either from the administrative or
criminal side, is from a limited number of parties. Once we commence the
administrative investigation, any current employee can be under a garrity
warning which in essence tells them they have to answer our questions
truthfully in terms of our internal investigation, and anything they tell us will
not be used against them in a court of law for a criminal matter. If someone
refuses to answer our questions, that would be considered insubordination.
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._ MIT
After obtaining mo..; facts, we will see if any rule o. ;,olicy violations can be
sustained. If so, the results of that investigation would be given to the
supervisor for disciplinary review.
Chief Boles said that use of deadly force and firearms is constantly monitored
by the Department. Without exception, LPD officers train 10-12 times per
year, the procedure is reinforced twice a year, and considerable manhours/time
are spent on the concept of deadly force and utilization of firearms.
Chief Boles reported that the Budget has been approved and with the defeat of
Proposal A, there should not be any changes.
The Chief invited Board members to attend the Centennial Golf Outing to be
held on Friday, July 9, for retired and active employees at Mason Hills Golf
Course. Also, there will be a Centennial Family Picnic on August 1 at Frances
Park, 12:00 Noon to 5:00 at no charge.
The Annual Report is nearly complete and will be published shortly. Copies
were sent to Commissioners Walker and Kellogg.
The Chief reported that Officer Bill Fabijancic, Sr. has undergone surgery
which removed 90 percent of his brain tumor. He is progressing well at home.
Or
OTHER BUSINESS
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board
_5_
12-20-93P03 : 59 RCVD
THE MAY 189 1993 REGULAR MEETING OF THE BOARD OF POLICE
COMMISSIONERS WAS CANCELLED DUE TO A LACK OF A
QUORUM.
'AK
OFFICIAL PROCEEDIN`~S OF THE
BOARD OF POLICE COMLYiISSIONERS
OF THE CITY OF LANSING
S�YG Pp
APRIL 209 1993 12-20-93P03 : 59 RCVD
The meeting was called to order by Chairperson Willard Walker.
PO 'cF ROLL CALL
78g3-199� The following Commissioners were present: Canady, Hicks, Kellogg,
Owen, Walker, Weis
4MES A.CRAWFORD
MAYOR The following Commissioners were absent: Osborn, Valdez
=ROME G. BOLES II
CHIEF OF POLICE
APPROVAL OF MINUTES
BOARD OF POLICE
COMMISSIONERS The Minutes of the March 16, 1993 Regular Meeting of the Board were
WILLARD WALKER
CHAIRPERSON approved as submitted.
SHARON KELLOGG
VICE CHAIRPERSON
LEE(PETE)CANADY
SHERRI HICKS ADDITIONS TO AGENDA
DAVID OSBORN
NOLAN OWEN
WI
AVALDEZ Chief Boles introduced Charles Bauer, Director of the Communications
N WEIS Center, who gave a presentation on the AT&T Language Line Services. He
explained that with the diverse language base in the Lansing area, the previous
method of securing interpretors when needed became increasingly difficult.
Therefore, we sought an alternative language interpretation service. This
service was instituted at the Police Department at the end of 1992 at a very
reasonable cost. The AT&T Language Line provides an interpretation service
24-hours per day, seven days per week in 140 languages. The basic
clearinghouse is in Monterey, California where people are trained to identify
languages and direct calls appropriately.
The Language Line service is available through the Communications Center
and also to officers through telephone access. Officers are also provided with
Point Talk Cards which list law enforcement-oriented phrases in approximately
one dozen languages.
Director Bauer provided a case example of a 911 call before the AT&T
Language Line was instituted and an example of a call in which a 911
technician utilized the new service. The benefits of the AT&T Language Line
LANSING POLICE were quite apparent after listening to the two calls.
jftaRTMENT
XMICHIGAN
A ING,MI 48933
PH.(517)483-4600
AX:(517)483-4824 POLICE AND COMMUNITY PARTNERSHIPS FOR PROGRESS AND EXCELLENCE
"EQUAL OPPORTUNITY EMPLOYER"
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The following is the second addition to the Agenda. To insure that Board members
/ understand the Complaint Procedure and how it was developed, Commissioner Walker
asked Paul McComb to summarize the Department's Complaint Procedure. Mr.
McComb explained and provided a Summary, a copy of the actual Complaint Procedure
from the Administrative Procedure section of the Operational Procedure Manual, a copy
of the Disciplinary Procedure from the same manual, and a copy of a Citizen/Police
Complaint Form. Mr. McComb believes that the Complaint Procedure works quite well.
However, if a complainant is not satisfied with how their complaint is being handled,
he/she may request that the Human Relations Department review the Police Department's
investigation. Complainants may also initiate an investigation through the State of
Michigan, Department of Civil Rights, or they may institute a civil action against the
Police Department.
Commissioner Hicks questioned the fairness of having a formal complaint against a
sworn officer being evaluated by police personnel. Mr. McComb explained that the
Complaint Procedure is written so that the Board possesses the power to, affirm, decrease
or increase a disciplinary recommendation. Therefore, the Board can substitute their
judgement for the judgement of the Chief or the supervisor who made the
recommendation.
' Commissioner Walker asked if complainants are notified of the outcome of their
complaint and if so, how and when. Mr. McComb responded that if we have the
complainant's address, we notify him/her in writing as to the finding on the complaint
when the investigation is completed. Complainants are also given the Internal Affairs
office telephone numbers to call 'if they have any questions. Internal Affairs also asks
complainants if they would prefer contact by telephone from Internal Affairs.
Board members wanted to know how they should repond to an inquiry from a
complainant relative to disposition, etc. Mr. McComb advised Board members to contact
the Department to find out whether the information received is correct, i.e. whether a
complaint has been filed, whether an investigation has been completed and what the
result was. The Police Administration will try to answer any questions a Board member
may have on behalf of another person.
Commissioner Hicks inquired as to why the Board does not receive letters or information
on complaints filed against police officers. Mr. McComb mentioned that the monthly
Highlights report does give statistics. However, Internal Affairs investigative complaint
records, under state law, are kept confidential and separate from all personnel files. The
Bullard-Pawlicki Personnel Records Act states that law enforcement agencies, when
investigating either violation of agency rule or violation of law, are required to keep any
record relating to that investigation confidential and separate from any personnel file.
-3-
ur interpretation is that any document created for that investigation is a confidential
record.
Commissioner Walker suggested that Board members review the handout material and
be prepared to discuss the Complaint Procedure at the next Board meeting.
COMMENTS BY MEMBERS OF THE PUBLIC
There were no members of the public present.
FRATERNAL ORDER OF POLICE BUSINESS
Officer Craig Baylis was present as Trustee/Director for the F.O.P. Non-Supervisors
Division. In response to discussion at last month's meeting, Officer Baylis provided
residency statistics on officers in Community Policing and Community Services and on
sworn officers in the F.O.P. Non-Supervisor Bargaining Unit. The Board was
appreciative of receiving these statistics.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the Department were
received from the following individuals: William J. Cochran; J. Robert Hamrick,
Georgia Bureau of Investigation; Hal N. Helterhoff, F.B.I.; Robert L. Johnson, Jackson
Police Department. Laingsburg Sciota Victor Area Ambulance; Neighborhood Watch-
Dist. 7; Daniel F. Perkins, M.S.U.; Brian D. Traub, DeWitt Township Police
Department; Gerald Welch, Monroe County Community College; Gene L.
Wriggelsworth, Ingham County Sheriff Department. All communications were accepted
and placed on file.
CONFIRMATIONS, RESIGNATIONS, RETIREMENTS
The resignations of Officer Bruce G. Ferguson and Technician Paul G. Conlan were
accepted. The retirements of Officer Leith I. Curtis and Officer Arthur Horne were
accepted with regrets.
COMPLAINTS AGAINST THE DEPARTMENT
There were dismissals of two Civil Rights complaints against the Department filed by
Louis Moody.
a
-4-
EPORTS OF OFFICERS
The Departmental Highlights Report for March 1993 was accepted and placed on file.
COMMITTEE REPORTS
Awards: No report; Human Resource: No report; Budget: See Chiefs comments;
Special McConnell Task Force: No report.
COMMISSIONERS' COMMENTS - No Commissioners' comments.
CHIEF'S COMMENTS
In response to Commissioner Hicks' comment on not receiving letters of complaint,
Chief Boles explained that most complainants either call or stop by in person. Generally,
very few people take time to write a letter of complaint.
The first Budget Hearing held last Saturday went well. The process is expected to move
forward as recommended by the Mayor. This year's Budget process went extremely
well.
A
Members are encouraged to comment or make suggestions on the Annual Report as it is
being prepared. Commissioner Hicks volunteered to review the Annual Report along
with Commissioner Walker.
OTHER BUSINESS
Chief Boles explained that changes to the Administrative Procedure #89-A25 -Field
Training and Evaluation Program were minor. Commissioner Walker commented that
it was well done. Administrative Procedure #89-A25 as amended was approved by the
Board.
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
t, Secretary of the Board
12-20-93P05 : 59 PCVD
DUE TO A LACK OF QUOROM, THE JANUARY AND
FEBRUARY 1993 POLICE BOARD MEETINGS WERE
CANCELLED.
OFFICIAL PROCEEDING -)F THE
POLICE BOARD
OF THE CITY OF LANSING
F� *1 MARCH 16, 1993
I i17) Ut Aj �a called to order by Chairperson Willard
Walker.
ROLL CALL
The following Commissioners were present: Canady, Hicks,
Kellogg, Owen,
Valdez, Walker
COAWFORD The following Commissioners were absent: Osborn, Weis
APPROVAL OF MINUTES
The Minutes of the December 15, 1992 Regular Meeting of the
oFPOLICE Board were approved as submitted.
r°•-!s�lola�r+s
i F11 WALKER ADDITIONS TO AGENDA
i..mcERSON Chief Boles reported that the AT&T Language Line Services
rF) P'NADY presentation by Director Bauer has been postponed until next
month's meeting. This was to allow more time for comments
,`d041,FN and discussion on recent events.
.rl" FIS COMMENTS BY MEMBERS OF THE PUBLIC
Mr. Bernie Meissner, 635 LaSalle Boulevard, Lansing, was
present to follow up on his earlier recommendation for
changes in the complaint procedure. He believes that Police
Board members should be involved in citizens' complaints.
Mr. Meissner thinks that the current procedure through the
LPD Internal Affairs Unit does not inspire much confidence
for the complainant and that the Police Department should not
be involved in the resolution of complaints. He thinks the
complainant should receive a letter acknowledging receipt of
the complaint and an explanation of the procedure for
handling his/her complaint.
Mr. Meissner also asked why the officers involved in the
recently publicized cases were offered the chance to resign
rather than face prosecution. Chief Boles referred that
question to the Prosecutor's office. Mr. Meissner said that
he would write the Prosecutor's office for answers.
Commissioner Walker thanked Mr. Meissner for his input and
said the Board would consider his suggestions.
FRATERNAL ORDER OF POLICE BUSINESS
Pr-l"�RTMEl'iTE Officer Craig Baylis was present as Trustee/Director for the
,�')',`.1,11CHIGAI`d F.O.P. Non-Supervisors Division. He reported that on March 8
'IJSRJG,Ail 48933
'I1.(7,17)483-4C00
(517)483-4824 POLICE AND COMMUNITY PARTNERSHIPS FOR PROGRESS AND EXCELLENCE
"EQUAL OPPORTUNITY EMPLOYER"
-2-
the one-year contract agreement with the City was ratified 108 to
46 . It is hoped that eventually the promotional process can be
revised. Officer Baylis said that the negotiations with Chief
Boles and his staff were enjoyable. The agreement was settled to
everyone's satisfaction without artibration.
COMMUNICATIONS
Letters of appreciation for services rendered by members of the
Department were received from the following individuals:
Reverend J. E. Graves, Mt. Zion Missionary Baptist Church; Gary
D. Hawks, Michigan Department of Education; Carolyn Hoffine;
Sheriff Ashley Paulk, Lowndes County, Valdosta, GA; M. S.U.
(Jeffrey T. Maher/Jason E. Allen) ; Darwin L. Shaver, Ingham
County Sheriff Department. All communications were accepted and
placed on file.
CONFIRMATIONS, RESIGNATIONS, RETIREMENTS
The confirmations of Officers Joseph Brown, Jr. , Robert
Gutierrez, Kim Kranich, and Julia Schneggenburger were accepted.
The resignation of Detention Officer Grant A. Howard was
accepted. The retirements of Sergeants Ron Clevenger and Richard
Dyer were accepted with regrets.
COMPLAINTS AGAINST THE DEPARTMENT
There were no complaints against the Department.
REPORTS OF OFFICERS
Commissioner Hicks asked for an explanation of the difference
between "Conformance to Laws" and "Violation of Rules" as it
relates to the Internal Affairs Unit monthly report. Chief Boles
explained that "Rules" are the internal policies or procedures
which are drafted either by the LPD administration or in
conjunction with the Police Board. "Laws" refer to the laws of
the State or the City in terms of violations of law as an
ordinance or statute.
Commissioner Walker asked how the Tri-County Metro Squad operates
and what is LPD's involvement. Chief Boles explained that as LPD
Chief, he is also Chief of the Metro Squad. There is a Tri-
County Metro Command Board consisting of command officers from
representative agencies in that Squad. Also there is a Tri-
County Metro Governmental Board comprised of appointed or elected
officials from the jurisdictions. The LPD personnel in the Metro
Squad are under the direct supervision of one of three
lieutenants from the Michigan State Police on a daily basis.
According to case assignment, our officers may or may not be
involved in investigations in various parts of the Tri-County
area and may or may not be involved in investigations that are
within City limits. Metro Squad activity information is
communicated through Captain Jim Rapp to Chief Boles and to the
Police Board by way of their monthly report.
-3-
The Departmental Highlights Reports for December 1992 , January
and February 1993 were accepted and placed on file.
COMMITTEE REPORTS
Awards: No report; Human Resource: No report;
Budget: No report -- see Chiefs comments;
Special McConnell Task Force: No report.
COMMISSIONERS' COMMENTS
Commissioner Walker inquired about the status of the Maguire
Fund. Chief Boles reported that the Maguire family does not wish
to continue the Maguire Fund and requested that the funds be
moved. Part of the money went toward commemorative plaques for
the lobby display case for two officers who died while on active
duty some time ago. The remainder of the money was designated to
a charity of the family's choice. Commissioner Walker requested
that a letter be written to acknowledge the wishes of the Maguire
family as it relates to the demise of the Maguire Fund. Chief
Boles agreed to have that done.
Commissioner Valdez agreed with Mr. Meissner's comments on the
complaint procedure. She believes that consistency and follow up
is needed so that complainants are informed and not left waiting.
Commissioner Walker said that the process will be reviewed and
the Board will respond appropriately.
Commissioner Kellogg asked whether information was communicated
to the Police Board when the Ride-Along Program was discontinued.
Chief Boles said that the subject has been on his list of Board
meeting comments for the cancelled January and February meetings.
To summarize, the Ride-Along Program for citizens and student
interns has been suspended until the ramifications of new
regulations dealing with bloodborne pathogens can be studied.
Further, employees, elected officials, Board members and, in
approved situations, media representatives may continue to ride
along on a limited basis with command officers. Approvals of
such ride-alongs can be granted by Administration, Division
Commanders, and/or Platoon Commanders. Other than the exceptions
above, no employee is to allow or authorize a ride-along in any
uniformed or non-uniformed function without approval of the
Chief.
Chief Boles explained that LPD officers and detention officers
have received training in the bloodborne pathogen law. We are
trying to evaluate the law and the City's obligation as it
applies to citizens. Decisions will hopefully be made in the
next 30-60 days.
Commissioner Kellogg expressed interest in pursuing possible
incentives for police officers to live in the City. She believes
this might change officers' attitudes as individuals toward the
City and change residents' attitudes about officers.
Commissioner Kellogg said that she is not advocating anything
-4-
that is mandatory. She thought perhaps the Planning Department
could help develop incentives. She suggested that the Human
Resources Committee look into it.
Paul McComb explained that it's difficult, absent a charter or
ordinance requirement, to go back and impose housing requirements
on people who are already employed under a given set of rules and
regulations. However, to enact a residency requirement for
anyone hired after a certain date certainly can be done and has
been upheld elsewhere. Commissioner Kellogg reiterated that she
is suggesting incentives and not a mandatory requirement.
Commissioner Canady disagrees with having a residency requirement
for a designated segment of the Department or organization while
the others have no residency restrictions.
While Commissioner Owen understands objections to residency
requirements, he believes that City employees would benefit by
possessing a powerful political influence if they all lived in
the City.
Commissioner Kellogg asked Chief Boles to update the Board on the
status of the reorganization.
Commissioner Owen also questioned the offer made to the officers
in the recently publicized cases. He does not believe that
resignation should be an available alternative.
CHIEF'S COMMENTS
Chief Boles commented on Commissioner Kellogg's idea for a
residency incentive program. He knows of another city that
offers incentives such as low-interest loans or contractor
contacts for affordable house refurbishing. This has been done
on a limited basis. Residency is either a negotiated item or an
item for a charter change. Currently by charter, all department
heads and elected officials must live inside the City. That is
all that is covered in terms of residency.
The AT&T Language Line is in place and being used on a routine
basis in a variety of languages, predominantly Spanish. Director
Bauer will make his presentation at the next meeting.
The internal budgetary hearings with the Mayor and Finance staff
went well. The Mayor is aware of and has agreed to work with us
on necessary radio system upgrading over the next couple of
years. We will have three less positions next year in our
budget. This was a recommendation from the Police Department to
the Mayor not something taken from us. Civilian support
positions vacated as a result of the "Reduction in Force" plan
were included with the entire reorganization presented by the
Mayor to City Council. Council President Canady has indicated
that it will be two to three weeks before that is approved. When
approved, we will go forward with filling those positions on a
priority basis.
-5-
The PAL league has had a very successful basketball season and is
moving forward. The feedback has been positive. Chief Boles
commended the officers and volunteers for their contribution.
The Centennial Committee hosted an Open House on February 26
which was well attended. At the next Board meeting, Chief Boles
will outline other planned Centennial activities.
As the Department is in the process of putting together the
Annual Report, Chief Boles will be in contact with Commissioner
Kellogg for Board input.
Chief Boles reported that yesterday afternoon two police officers
were arraigned in the 54-A District Court on separate incidents.
One is on a three-count felony warrant and one is on a two-count
Circuit Court misdemeanor warrant. Another officer has resigned
in connection with the felony warrant incident. In response to
comments on officers being offered an opportunity to resign
rather than face prosecution, Chief Boles explained that we
cannot force anyone to work. Anyone can resign at any time for
any reason. Secondly, the decision was not made solely by the
Prosecutor. The Prosecutor asked if we were agreeable to that
offer if he made the decision to do so. The Chief did not have a
problem with that decision. Subsequently, one officer did
resign.
The criminal prosecution will continue and we will begin a
comprehensive administrative investigation in the next few days.
Chief Boles expressed that this is a very difficult time for the
individuals involved and the Department.
Commissioners expressed that they would have appreciated being
informed of these cases prior to release to the press.
Commissioners Hicks and Valdez related incidents of purported
mistreatment of citizens during stops by LPD officers. Chief
Boles asked all Board members to contact him or an administration
member when they encounter this type of incident, before they
become days or weeks old. We can find out if the conduct was
appropriate and answer questions. If the conduct is
inappropriate, we can then handle it.
Commissioner Walker said that their comments are well taken.
OTHER BUSINESS
There being no further business, the meeting was adjourned.
Respectfully submitted,
Rhonda Yeo
Secretary of the Board