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HomeMy WebLinkAbout1996 Board of Police Commissioners Minutes - All MEMORANDUM TO: Board of Police Commissioners FROM: Vicky Gill DATE: May 24, 1996 RE: Revised Meeting Schedule for Board of Police Commissioners At its meeting last Tuesday evening, the Board asked to change its regular meeting location to the South Precinct Conference Room. Unfortunately that conference room was already booked for the June 18, 1996, meeting so that meeting will be held in the second floor classroom of the Lansing Police Department. For those of you unfamiliar with the South Precinct it's located at 3400 South Cedar Street at Holmes. There will be an officer at the door to direct attendees to the appropriate conference room. The revised schedule is as follows: Tuesday, June 18, 1996 5:30 p.m. Headquarters, 2nd FL Classroom Tuesday, July 16, 1996 5:30 p.m. South Precinct Conference Room ✓Tuesday, August_20, 1996 5:30 p.m. South Precinct Conference Room Tuesday, September 17, 1996 5:30 p.m. South Precinct Conference Room Tuesday, October 15, 1996 5:30 p.m. South Precinct Conference Room Tuesday, November 19, 1996 5:30 p.m. South Precinct Conference Room Tuesday, December 17, 1996 noon Headquarters, 2nd FL Classroom If you have any questions or concerns, please call me at 483-4800. 'vg x: City Council Members Mayor's Office City Clerk's Office Captain Don Dawson Captain Jim Cook Helen Burt, South Precinct O ry LANSING POLICE DEPARTMENT 120 W.Michigan Ave. Lansing,Michigan 48933 (517)483-4600(TDD/Voice) -E I<,I E[i FAX:(517)483-4624 t' David C.Hollister,Mayor Jerome G.Boles,Il,Chief o1 Police Li,i;S!idG CITY CLERI( MEMORANDUM TO: Board of Police Commissioners City Council Members FROM: Vicky Gill DATE: April 17, 1996 RE: Revised Meeting Schedule for Board of Police Commissioners At its meeting last evening, the Board voted to change its regular meeting location to the South Precinct, every other month for the rest of the year. The South Precinct is located at 3400 South Cedar Street at the corner of Cedar and Holmes. There will be an officer at the door of the South Precinct to direct attendees to the appropriate conference room. The revised schedule is as follows: Tuesday, May 21, 1996 5:30 p.m. South Precinct Conference Room Tuesday, June 18, 1996 5:30 p.m. Headquarters, 2nd FL Classroom Tuesday, July 16, 1996 5:30 p.m. South Precinct Conference Room Tuesday, August 20, 1996 5:30 p.m. Headquarters, 2nd FL Classroom Tuesday, September 17, 1996 5:30 p.m. South Precinct Conference Room Tuesday, October 15, 1996 5:30 p.m. Headquarters, 2nd FL Classroom Tuesday, November 19, 1996 5:30 p.m. South Precinct Conference Room Tuesday, December 17, 1996 noon Headquarters, 2nd FL Classroom If you have any questions or concerns, please call me at 483-4800. :vg cc: yor's Office �ty Clerk's Office Board of Police Commissioner's File "POLICE&COMMUNITY PARTNERSHIPS FOR PROGRESS&EXCELLENCE" "Equal Opportunity Employer" MEMORANDUM -------------------------------- TO: Terese Horn, Senior Secretary Lansing City Council FROM: Vicky Gill, Administrative Secretary Lansing Police Department DATE: December 14, 1995 RE: Board of Police Commissioners The schedule of special meetings for 1996 is listed below: Tuesday, January 9, 1996 5:30 p.m. 2nd Floor Classroom LPD (to discuss hiring process for new applicants) The schedule of regular meetings for 1996 is listed below: Tuesday, January 16, 1996 5:30 p.m. 2nd Floor Classroom LPD Tuesday, February 20, 1996 ,��;� 5:30 p.m. 2nd Floor Classroom LPD Tuesday, March 19, 1996 ��V/��) 5:30 p.m. 2nd Floor Classroom LPD Tuesday, April 16, 1996 .^,�}° 5:30 p.m. 2nd Floor Classroom LPD Tuesday, May 21, 1996 Rw"FIN�Ilflrt(� 5:30 p.m. 2nd Floor Classroom LPD Tuesday, June 18, 1996 �� -11�,.[�j�5:30 p.m. 2nd Floor Classroom LPD Tuesday, July 16, 1996 Pit'P 5:30 p.m. 2nd Floor Classroom LPD Tuesday, August 20, 1996 5:30 p.m. 2nd Floor Classroom LPD Cn,,Aal ,,5:30 p.m. 2nd Floor Classroom LPD Tuesday, October 15, 1996 5:30 p.m. 2nd Floor Classroom LPD Tuesday, November 19, 1996 5:30 p.m. 2nd Floor Classroom LPD Tuesday, December 17, 1996 11:30 a.m. 2nd Floor Classroom LPD (for Budget Reveiw) cc: �ty Clerk Board of Police Commissioners (� i I N rR Fr(� 1, \I �C.IS�iYI `-I ) 1���\ C�-"�1o'Ll-e-.-'C. Y `� �'\'lc' ) rA 010 _ ; V 9 m BOARD OF POLICE COMMISSIONERS MEETING MINUTES - December 17, 1996 Members Present: Others Present: Commissioner James Person, Chairman David Sinclair, Asst. Chief Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner Deb Frederick Paul McComb, Legal Advisor Commissioner Patty Farhat-Reed Commissioner David Maxsam Commissioner Grady Porter Members of the Public Present: Commissioner Armida Valdez Lt. Joel Maatman, LPD Absent: Dave Wiener, Mayor's Office Commissioner Willard Walker (E) CALL TO ORDER Commissioner Person called the meeting to order at 12:07 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA North Precinct Buildin Commissioner Maxsam stated he ent beingheld t, t _ t City Gouneil ar-d the N t n felt the North Precinct Building is an essential component of the Department's community policing philosophy He stated the whole concept of community policing is to put the police officers in the neighborhoods. Commissioner Frederick suggested that the people who live in that area let their needs/wants be known to City Council. MINUTES APPROVAL Minutes from the November 19, 1996, meeting were reviewed and approved as submitted. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Board Powers Commissioner Frederick stated there will be a meeting of this sub-committee immediately following today's meeting. She will chair the meeting in the absence of Commissioner Walker. She stated committee members met with the Mayor earlier this month and were given a handout of the five avenues of how to file a complaint. Councilmember Lilly has suggested a printed brochure and made assurances of funding to cover the printing expenses. Commissioner Frederick encouraged everyone to submit any ideas or recommendations to her as soon as possible. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 2 Random Drug/Alcohol Testing It was noted that the sub-committee reviewing this material will have information to present to the Board after the holidays. PUBLIC COMMENTS There were none. FRATERNAL ORDER OF POLICE Lt. Maatman stated there was an issue the FOP wanted to discuss with the Board, but O€fieeF Sergeant Ted Rahl was suppose to be present. He asked that the issue be tabled until the next meeting. The committee agreed. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file nine letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of November 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Maxsam asked Chief Boles to provide more in depth information for case number IA-95-111. In this case a citizen accused an officer of using his weapon inappropriately. Commissioner Maxsam stated these are the types of cases are what has prompted the Board's recommendation for random drug and alcohol screening. There was additional discussion about the disciplinary process (i.e. who recommends/imposes discipline; consideration of the officer's past history; grievance procedure; and the union contracts). The Board thanked Chief Boles for the additional information now included in the Internal Affairs Summary. DEPARTMENTAL HIGHLIGHTS November 1996: The Board received and placed on file reports of departmental highlights for the month of November 1996. Copies are attached to the original minutes as a permanent addendum. Traffic Review Board The Board received and placed on file the reports for this reporting period. A copy of the report is attached to the original minutes as a permanent addendum. It was noted that three of the accidents occurred in the basement parking area of the Police Building. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 3 Communications Department Report No report was submitted for this reporting period. COMMITTEE REPORTS Budget Committee Commissioner Canady stated he would defer this report to later on the agenda under other business. Awards & Citations Committee Commissioner Porter thanked Sergeant Ventre for all his help with the Awards program. He encouraged everyone to submit any good deeds they become aware of to him or the Human Relations Division so that they may be considered for an award or citation this year. Human Resources Committee Commissioner Maxsam stated he has been wrestling with the verbiage in the City Charter and its conflicts with the Open Meetings Act and Union Contracts. He is asking for the Mayor's support for a possible amendment to the Open Meetings Act. He is also asking for the Mayor's assistance in making adjustments to Union Contract and putting them on notice of any changes. He feels that while the Police Department has changed its philosophy (i.e. community policing), but the Board has not changed its role. Commissioner Frederick stated they are also working on a drug testing procedure and revisions to the complaint procedure. She stated the Board needs to look at all comments, good and bad. Incentives Committee Commissioner Valdez stated 19 of the 20 incentives have been utilized and 9 of those are from LPD employees. It is hoped another 5 incentives will be added in next year's budget. COMMISSIONER'S COMMENTS Commissioner Porter Commissioner Porter wished everyone a Merry Christmas. Commissioner Frederick Commissioner Frederick stated this was the close of her first year on the Board. She stated this year has been interesting and difficult and she has learned so much. She questioned the appropriateness of Board members to encourage members of the City Council to approve the North Precinct Building. Mr. Wiener stated as Board members they are knowledgeable citizens, and he knows of no legal or ethical reason for them not to use their influence with the City Council. Commissioner Frederick stated she is concerned by the fact that the City Council just tabled the issue. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 4 Commissioner Maxsam Commissioner Maxsam stated this is also the close of his first year. He stated he has received valuable information. His focus will continue to be becoming more involved in the disciplinary process. He thinks the Board should adopt a more pro-active role. Commissioner Person Commissioner Person-thanked everyone for all their hard work this year as well as their participation on several sub-committees to discuss drug testing, disciplinary process, and the changing role of the Board. Commissioner Patty Farhat-Reed No comments Commissioner Valdez No comments. ADMINISTRATIVE REPORT Chief Boles stated there were three cases he wanted to discuss to bring the Board up-to-date. (1) Metro Raid in East Lansing_ He stated there was Grand Jury indictment for a subject who was dealing drugs and liviving in East Lansing. This subject was known to possess an assault rifle and caution was encouraged. Officers checked the mail box prior to entry and there was mail for the wanted subject, and a tactical entry was made. The subject had moved out and a female minister was now living in the residence. Captain George (LPD) and Lt. Miller (Metro) made contact with the resident and tried to make amends. He concluded this was not an LPD case nor a Metro case. The East Lansing Police Department held jurisdiction in the case and any comments or complaints should be directed to Chief Connelly. (2) Tijerina Case: Chief Boles stated this was a shooting incident which occurred in Lansing Township jurisdiction. After the shooting and because they are such a small department, they requested LPD to assist in terms of staffing after the fact. (3) Bozak Case: He stated information received was incorrect. He stated LPD was only in control of the scene for about an hour. They were providing mutual aid via a contract with the Ingham County Sheriff's Department. Captain Teszlewicz was the duty captain and gave the authority for our START team to go out. Our officers set up negotiations which were complicated by numerous communications problems. He reminded everyone this was a rural farm setting and there was a ditch across the road, so there was no safe way to bring family members in to talk with the subject. He stated the Bozak family has requested copies of the reports via a Freedom of Information Act Request and some have been provided. The family has also filed a formal complaint with the Department and we are working with the City Attorney's Office and our insurance company in that regard. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 5 After hearing more detailed information, the Board questioned how the public could receive the facts earlier in such an investigation. Chief Boles stated there was a news release which was published shortly after the incident. Unfortunately the complaints made before City Council are replayed several times during a month. There was discussion about sharpshooters and Chief Boles stated officers are trained not to consider deadly force unless they intend to use it. They can use deadly force to protect the life of another or their own lives. He discussed safe distances, officer's reaction times and their responses consistent their training. Commissioner Canady stated most citizen's do not know what officers have to go through and he felt having that knowledge would enable them to better understand things from the officer's perspective. Chief Boles encouraged Board members to encourage citizens they come in contact with to attend the Citizen's Police Academy. There has been discussion in this year's budget talks about televising the Citizen's Police Academy on Channel 28 so that it can reach a broader audience. COMMENTS FROM THE MAYOR'S OFFICE Mr. Wiener thanked the Board for their professionalism and their time this past year. He is proud of the contributions they have made to the community. He encouraged them to continue to implement changes and question processes. He appreciated their open mindedness and encouraged them to continue to make recommendations for change. Chief Boles reviewed the Mayor's Action Plan on Community-Police Relations. Of the 13 recommendations made, numbers 4, 9, 11, 12, and 13 required City Council Action. Discussion on the rest were as follows: (1) there would be a Police-Community Relations Conference in mid-April of 1997. (2) regarding the expansion of dialog circles and diversity training, Chief Boles stated this process was initiated by the FOP supervisor's union. He stated there is a two year plan for training and management level training would be in 1998. (5) the goal of 20% minority representation in 2.5 years and 25% in 5 years appears to be feasible. He stated we are currently at 15%. (6) administration is looking at the possibility of co-locating the City's Personnel Department and the LPD Human Resources Division so that they could work more closely in recruiting candidates. (7) the Mayor is asking the Board of Police Commissioners to study LPD policies and procedures regarding citizen contacts with their findings back to him by April 7, 1997. It was noted the Board was already in the process of this review. (8) The mayor has asked the Human Relations and Community Services Division and LPD to review and improve the complaint procedure and to develop a brochure that clearly explains the process. The Board will also being working on the brochure. (10) the strengthening of community policing, team policing, and patrolling neighborhoods will be in the officer's hands and citizen groups. As the Board reviews and updates citizen contacts, and makes revisions, strengthening will occur. He stated Captain Dawson will make a matrix of these recommendations for the next Board package so that Board members can track progress and provide accurate information if asked by citizens regarding the progress being made. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 6 OTHER BUSINESS 1997-1998 Fiscal Year Budget Proposal Commissioner Canady thanked Lt. Luciano and Jim DeLine for their hard work on this year's budget and the packet prepared for the Board's review. He stated the department was asked to stay within 3% of last year's budget, but this year's proposal is actually up by 11.56%. He stated this is due to increases over which we have no control (i.e. salaries/tenure via union contract equals a 5.7% increase). He stated summarized proposed new programs. (1) front end loading which means the department can fill a retiring officer's position prior to the actual retirement (it was noted that projected retirements were based on years of service with the department); (2) Full time clerical position in the Human Resources Division; (3) staffing in the 911 Center - LFD and LPD will be merging; (4) Software for Internal Affairs to track complaints. Chief Boles stated there is a possibility this can be done by in-house employees or through a contracted programmer; and (5) $3.5 million radio system - he stated LFD will be the first to receive radios as their need is more critical. If we can maintain our current system, our need is not as critical at this time. Chief Boles stated the firearms range was closed last July and we are having difficulty arranging range time for our officers. Bids were in today and ranged from $60,000 to over $1 million. There is a city-wide cap of $3 million for capital improvements this fiscal year, so the range improvements are not included in this budget package. There was some line-by-line discussion and Mr. DeLine answered questions. The Board accepted the budgetproposed and is recommending its approval to the Mayor. Civil Rights Complaint Mr. McComb reviewed the complaint of Mr. Robert McKissic. A summary of his complaint is attached to the original minutes as a permanent addendum. He stated the information provided by the complainant is sketchy and Mr. McKissic may have to be interviewed again for additional information. There was some discussion about police stops vs police contacts and the documentation officers are required to keep on file. Mr. McComb stated it will be several months before we receive a notice of disposition from the Department of Civil Rights, but he will keep the Board informed of the status of this case. Meeting Schedule for 1997 Ms. Gill reviewed the schedule for 1997. She stated copies have been forwarded to the City Council and the City Clerk's Office. A copy is attached to the original minutes as a permanent addendum. Board of Police Commissioners Meeting Minutes (as amended 1121197) December 17, 1996 Page 7 Commissioner Porter suggested since there was no North Precinct if the Board could meet at the North Network Center which is now located at the old School for the Blind. Chief Boles will see if they have a room available and the possibility of having one meeting at location so that everyone can see the facility and the services available. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 2:00 p.m. BOARD OF POLICE COMMISSIONERS MEETING MINUTES November 19, 1996 Members Present: Others Present: Commissioner James Person, Chairman David Sinclair, Asst. Chief Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner Patty Farhat-Reed Paul McComb, Legal Advisor Commissioner David Maxsam Commissioner Grady Porter Members of the Public Present: Commissioner Armida Valdez Bernie Meissner, 635 LaSalle Blvd. Commissioner Willard Walker Dave Wiener, Mayor's Office Rev. Lester Stone, March for Justice Absent: Tracy Hampton, 1608W. Washtenaw Commissioner Deb Frederick (E) Georgia Hampton, Hueytown, Alabama CALL TO ORDER Commissioner Person called the meeting to order at 5:39 p.m. after having established a quorum to conduct business. He stated he had to leave at 6:30 p.m. and Commissioner Canady would assume the chair. Commissioner Person also stated he will be out of town for the January and February 1997, meetings and requested an excused absence. Everyone agreed and Commissioner Canady agreed to chair those two meetings. ADDITIONS TO AGENDA Commissioner Maxsam wanted to discuss Monday night's City Council meeting and the concerns from the March for Justice about the Police Department and the Board of Police Commissioners. In particular, the Board discussed the comments of a chemist/engineer made at the City Council meeting who made a complaint to the Police Department, but stated he never received any follow-up from that complaint. Commissioner Canady stated this was totally unacceptable and wanted to learn more about the original complaint. There was also some discussion about a woman complaining about a shooting in Mason which involved members of our START team. Commissioners wanted to learn more about this incident. Commissioner Walker suggested the use of K-9's in these types of hostage situations. Commissioner Valdez expressed concern about receiving no information on complaints except what she reads in the newspaper. Commissioner Maxsam felt more information needed to be included in the packet regarding (1) civil rights complaints; (2) and more detailed-information on complaints from Internal Affairs. Commissioner Porter suggested the Board schedule a meeting with the Mayor to address the problems and recommendations for solutions. Everyone agreed and Commissioner Person volunteered to call and make the appointment. MINUTES APPROVAL Minutes from the October 15, 1996, meeting were reviewed and approved with a minor revision. Commissioner Patty Farhat-Reed should be listed as present for that meeting. A copy is attached to the original minutes as a permanent addendum. Board of Police Commissioners Meeting Minutes (date), 1996 Page 2 UNFINISHED BUSINESS Letter of Appreciation The Board received and placed on file a copy of the letter of appreciation to Mr. Edward Eckhart and Mr. Luther Flanagan for their roles in the recent Dialogue Circles. A copy is attached to the original minutes as a permanent addendum. Commissioner Person announced more dialogue circles will be forming in January. Random DrugTesting esting Commissioner Walker stated this sub-committee did not meet this month due to the sub- committee meetings to discuss Board powers. He felt this item should remain on the agenda for continued discussion. Board Powers Commissioner Walker was hopeful that a written statement clarifying Board powers would be available for presentation by the next meeting. He stated after meeting and discussing the issue a couple of times this month, members concluded that they need to focus on what the Board needs to be engaged in rather than the powers of the Board. He stated there is verbiage in some of the union contracts which conflicts with some of the language in the City Charter. He expressed concern about the Board being involved in the investigatory process due to this conflicting language and stated it would be difficult to maintain confidentiality on certain disciplinary matters due to the Open Meetings Act. He asked that the sub-committee continue to meet to explore all available avenues. Commissioner Maxsam stated the intent of the Charter was not to place limits on the Board as the union contracts prescribe. He felt that until this Board could become more involved in disciplinary matters within the Police Department, they would continue to have a confidence problem with the public. He felt that the Board should consider an amendment to the Open Meetings Act to protect due process of the officers when the Board assumed an investigatory role. It was concluded that the sub-committee would continue to meet on this issue. PUBLIC COMMENTS Bernie Meissner Mr. Meissner found the discussion on the City Charter and its relationship to the Board interesting. He asked to talk about the complaint procedure. He suggested the Board track complaints and provide follow-up. He stated this is a golden opportunity for the Board to become more "user friendly" to the community. He stated that while it would be nice to resolve legal issues which may allow the Board to investigate and oversee the Police Department, they do hold the power now to take and resolve complaints. He stated this is the best tool the Board has to rebuild trust and confidence within the community. He suggested the Board review complaints for the last three years and invite members of March For Justice to discuss openly. He suggested that if the Board would follow through each complaint, they would most likely reach the same conclusions, but would have an open forum to show citizens how each complaint Board of Police Commissioners Meeting Minutes (date), 1996 Page 3 has been resolved. He stated this type of action doesn't need approval from anyone, the Board already possesses this authority. Commissioner Maxsam stated he wants to see discipline redefined. He feels there is no formalized structure for complaints. He stated Internal Affairs is the Boards only source of complaints and that information is at best sketchy. He feels there are at least five times that amount of complaints actually filed. He stated the perception within the community is that Internal Affairs never does anything as there is no follow-up with people initiating complaints. Mr. McComb stated a formal complaint procedure has been in effect since 1979. He stated complaints are received by a number of people/departments. He stated the Human Relations Department was set up to receive complaints of sexual harassment and civil rights complaints. Commissioner Canady stated the perception within the community is that cases are viewed and judged by their "buddies." Commissioner Maxsam noted some Internal Affairs Units can function smoothly, but a this point the community holds the perception that our Internal Affairs Unit its ineffective and there is no confidence within the community. He stated he has not received enough information to have formed a personal opinion on the matter. Reverend Lester Stone Reverend Stone explained his issues are not with the makeup of this Board just that the Board is not doing their job. He stated this Board is doing exactly what it was set up to do - protect the Lansing Police Department. He stated this Board is not set up to be a true citizen's review board as the Charter does not allow the Board that authority. Reverend Stone asked that the Board forward to him at his home address, 1603 West Kalamazoo Street, the number of complaints the Board investigated over the past five years. He wanted the process explained, what role the Board has (i.e. whether they initiate the investigation or just "rubber stamp" what the Department gives them). He questioned the Board's evaluation and whether or not the Board initiated the report if they "rubber stamped" what the department gave them. Commissioner Maxsam stated he disagreed with Reverend Stone's first point but concurred with his analysis of the second point and asked to respond. He stated by Charter this Board has administrative oversight responsibilities of the Police Department, but the Board has not exercised that power to the fullest. Several constraints have been placed on the Board's power to impose disciplinary action by union contracts and the Open Meetings Act. Commissioner Maxsam expressed concern that the intent of the Charter was not being fulfilled. Reverend Stone questioned whether or not the Board was independent of the Mayor. Commissioner Canady stated this Board does not operate independently of the Mayor; the Board wants to work with Mayor Hollister in resolving issued raised by Reverend Stone and the March for Justice. Reverend Stone questioned why the Board waited for Mayor Hollister to direct them in investigating Mr. Swans' death. Reverend Stone feels the Board operates as an arm of the Police Department and as such cannot truly represent the citizens as a civilian Board. Commissioner Maxsam responded that the Board will automatically pursue any critical incident in the future. Reverend Stone feels this Board does not understand the needs of his organization and the community. Board of Police Commissioners Meeting Minutes (date), 1996 Page 4 Tracy Hampton Ms. Hampton stated the real intention of the City Charter was to give the perception of power and this Board actually has none. She feels this Board made a conscious decision not to take other available avenues in their investigation of Mr. Swans' death. Commissioner Maxsam again stated the purpose of the sub-committee meetings is to formalize policies and procedures for filing complaints, clarifying the Board's power for imposing disciplinary action, and looking at possible amendments to the Open Meetings Act. He stated the union contracts are in direct conflict with what he wants to do in terms of disciplinary action. Commissioner Canady assured Ms. Hampton that members of this Board would meet with Mayor Hollister and that the intent of this Board was to represent the citizens. Ms. Hampton stated March for Justice representatives will be presenting their recommendations to Mayor Hollister for a true citizen's review board. She feels it is important to have a truly independent agency to represent the citizens of our community. She feels Mr. Swans' death was not pursued because this Board considered and abided by the City's interest and not necessarily the interest of the citizens. Commissioner Maxsam assured Ms. Hampton the goal of this Board is to live up to its statutory responsibilities. He stated the Board and the March for Justice share the same goals. Dave Wiener Mr. Wiener stated he cannot speak for the Mayor, but he feels this Administration wants justice for everyone in the City. He stated we have one of the most professional police forces in the nation and we're always striving to be better. It saddens him to hear painful stories from citizens, especially when they involve death. He agrees that the Charter grants tremendous powers to this Board (i.e. final authority to impose discipline, same subpoena power as the City Council). He wants this Board to be the eyes and ears of the citizens. And if that requires changing the way the Board currently operates, then he feels that will be good for everyone. He stated there are values to having a citizen's review board, but realizes they will not be effective without power. He stated he supports this board being strong and independent, but realizes its need to regain credibility with the community. Commissioner Maxsam feels that can only be accomplished with an amendment to the Open Meetings Act. Commissioner Canady stated we all have the same concerns and everyone wants to do the right thing. FRATERNAL ORDER OF POLICE No information presented. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file 11 letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Commissioner Walker noted on page 15, a letter in which Ms. Rose and Mr. Wummel thanked the police department for responding to their request. He felt this was one good example to show that LPD does respond to the needs of the community. Board of Police Commissioners Meeting Minutes (date), 1996 Page 5 Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of October 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Maxsam thanked Chief Boles for calling him this week to brief him on a critical incident. He was hopeful that this type of information exchange would continue. Commissioner Canady would still like to see a little more-detailed information on this report. Ms. Hampton questioned whether or not she could have a copy of this report each month. DEPARTMENTAL HIGHLIGHTS October 1996: The Board received and placed on file reports of departmental highlights for the month of October 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Walker expressed his appreciation for the new reporting format. Traffic Review Board The Board received and placed on file the reports for this reporting period. A copy of the report is attached to the original minutes as a permanent addendum. Communications Department Report The committee received and placed on file the report for this reporting period. A copy is attached as a permanent addendum to the original minutes. COMMITTEE REPORTS Budget Committee Commissioner Canady reminded everyone that the budget meeting is scheduled next month on Tuesday, December 17, 1996, at 11:30 a.m. in the Second Floor Classroom of Police Headquarters. He encouraged everyone to attend. Awards & Citations Committee Commissioner Porter wanted to wish everyone a Happy Thanksgiving. Human Resources Committee Commissioner Walker reviewed the Detention Study Status Report. He stated the Board will continue reviewing the status of their initial recommendations. Commissioner Walker also stated his sub-committees will continue to meet to discuss (1) Random Drug Screens and (2) Board Powers. He will schedule a meeting and make the proper notifications prior to the next meeting. Incentives Committee Commissioner Valdez questioned where we were with the North Precinct. She stated the few people who were opposed to its opening didn't even live in the area. She stated there is overwhelming support for the North Precinct from her community. She feels it is essential to the community policing concept. Board of Police Commissioners Meeting Minutes (date), 1996 Page 6 COMMISSIONER'S COMMENTS Due to the length of the meeting there were no additional commissioner comments. ADMINISTRATIVE REPORT Due to the length of the meeting there was no administrative report. OTHER BUSINESS Civil Rights / Notice of Disposition Mr. McComb reviewed the notice of disposition in the Civil Rights complaint of Shirley Young. The results of the investigation by the State of Michigan Department of Civil Rights did not disclose any evidence of unlawful discrimination against the claimant by the respondent. A copy is attached to the original minutes as a permanent addendum. Annual Evaluation Report Commissioner Canady asked if everyone had an opportunity to read the report. The report was received and placed on file. A copy is attached to the original minutes as a permanent addendum. Ms. Gill will forward a copy to the Mayor's Office. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:58 p.m. CORRECTED COPY AS APPROVED 11/19/96 BOARD OF POLICE COMMISSIONERS MEETING MINUTES October 15, 1996 -' Members Present: Others Present: Commissioner James Person, Chairman Jerry Boles, Chief of1P®leek% �I I ,� C_Ci; Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Armida Valdez Members of the Public Present: Commissioner Willard Walker Lt. Joel Maatman Commissioner Patty Farhat-Reed Tracy Hampton Sandy Allen, City Councilwoman Absent: Ed Eckart Commissioner Deb Frederick (E) Luther Flanagan Albert (Sonny) Adams CALL TO ORDER Commissioner Person called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. He stated he would have to leave at 6:00 p.m., and would turn the Chair over to Commissioner Canady. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the August 20, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. It was noted that the meeting scheduled for September 17, 1996, was cancelled due to lack of a quorum. UNFINISHED BUSINESS Letter of Appreciation for Explorers Commissioner Person presented a copy of a letter for all Commissioner's to sign. A copy is attached to the original minutes as a permanent addendum. Ms. Gill will forward the original to Sergeant Biederweiden. Random Drug/Alcohol Testing Chief Boles stated he has met with other City departments and CATA regarding this issue. He stated the only City departments currently using this testing are the ones mandated under their licensure. He stated Mr. McComb has obtained the guidelines from the Federal Motor Carrier. A copy was distributed to all commissioners. Mr. McComb stated this is the procedure followed by the Public Service Department and he is with the belief that CATA uses it also. He explained the City's process for testing and laboratories used. Councilwoman Allen stated it would be beneficial for all City employees to be subjected to random testing. Commissioner Walker explained the Board's position in wanting random testing for officers and welcomed the Board of Police Commissioners Meeting Minutes October 15, 1996 Page 2 support of the City Council. Chief Boles also recommended the Board include representatives of the FOP unions as they begin to formulate a recommendation to Mayor Hollister. This item will remain on the agenda for continued discussion at next month's meeting_ PUBLIC COMMENTS Commissioner Person reminded everyone they had three minutes to speak and if anyone required additional time they could meet with Board members after the meeting for further discussion. Lt. Maatman Lt. Maatman stated he was the Director of the Supervisor's Union, FOP Lodge 141. He stated that 20 supervisors recently participated in Dialogue Circles. Each of the five meetings, lasted two hours each. He stated the subject of the discussions was Dialogue in the City - Racism. He stated the sessions were facilitated by Mr. Luther Flanagan and Mr. Ed Eckart who volunteered their time. Evaluations have been reviewed and most have been positive and the program has proven to have a lot of merit. The consensus of the Board was to acknowledge Mr. Flanagan and Mr. Eckart for their contributions. Commissioners Person Porter and Farhat- Reed will draft a letter on the Board's behalf. Mr. Ed Eckart Stated tonight marked his first attendance at a Board of Police Commissioner's meeting. He stated the FOP supervisors approached he and Mr. Flanagan to talk about the requirement of initiating Dialogue Circles. They briefed the Chief and he agreed supervisors could attend sessions on company time, provided there was no overtime involved. He is with the belief that there is a new awareness and additional needs were identified to include training more LPD officers. He gratefully acknowledged Chief Boles' support of the program. Mr. Flanagan So often he hears people complaining that no one does anything, everyone just talks about the problems. He believes talk is action. He was thankful of the support from the local community college for these Dialogue Circles. Ms. Sandy Allen She stated the March for Justice brought her a new awareness and she is anxious to do anything she can in any way that she can. She expressed an interest in Dialogue Circles and recommend evening or Saturday classes so daytime workers might be afforded the opportunity to attend. She encouraged everyone present to contact her if there is anything she can do for them. She expressed her admiration for Chief Boles and stated she supports him in all that he does. Mr. Darnell Oldham Stated he had attended no meeting since the summer. He suggested this Board check with the City of Detroit for their random drug screening policy. He questioned Chief Boles about the "black face" complaint. Chief Boles stated he has met with the officers who were offended by Board of Police Commissioners Meeting Minutes October 15, 1996 Page 3 this incident and assured them that no individual was the victim of this incident - the department is the victim. After an extensive criminal and internal investigation, we are still unable to bring the investigation to a close. He continues meeting with those officers and others as well. The investigation will resume if any new leads or information is received. Mr. Oldham was also concerned about the freedom of speech for police officers. He felt they should not be allowed to make public statements. Commissioner Maxsam felt that one person needed to be assigned to speak to the media and uniformed officers ordered to say nothing unless they're off duty and speaking for themselves. Chief Boles stated we do have a Public Information Officer and most of the information to the media comes from that office. He has no plans to attempt to control individual officer's statements to the press at this time as he fully understands their First Amendment Rights as well as the opinion of the City Attorney. Mr. Albert (Sonny) Adams Stated he is a 50 year resident of Lansing and he lives at 712 Lenaway. He stated when he calls for a police officer he can't get one. When he calls a city department for service (i.e. LPD, LFD or Public Service) he wants service. He sympathizes with the cops because their hands are tied. He has dope dealers in his neighborhood and the Chief has done everything he has to help him. Chief Boles stated Mr. Adams has now provided keys to his complex and is working with the police to resolve this issue. FRATERNAL ORDER OF POLICE No additional information was presented for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file 27 letters and memorandums. of appreciation complimenting officers of the LPD received during the months of August and September 1996. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of August and September 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Maxsam stated they're always seeing glowing letters of recommendation, but they never see letters of complaint. He questioned where they were and why the Board does not see them. Chief Boles stated most of the complaints are made in person to a supervisor or to the Internal Affairs Unit. He stated rarely are they made by letter. He stated a summary of the monthly complaints are referred to this Board via the Internal Affairs Summary. Commissioner Maxsam questioned whether anyone was looking at patterns and trends and suggested this is the kind of information the Board wants to see. Commissioner Maxsam stated the March for Justice has sparked his interest in requesting an amendment to the City Charter which would enable this Board to participate in the investigatory Board of Police Commissioners Meeting Minutes October 15, 1996 Page 4 and disciplinary process following citizen complaints. When questioned if and under what circumstances the City Council goes into closed session, Ms. Allen stated for labor negotiations and occasionally when an employee is involved to protect the employee. She stated there are very few closed sessions. Commissioner Maxsam expressed his perplextion of how this Board is expected to fulfill it's power of investigation unless they can hold closed sessions. He expressed his confusion regarding the City Charter's charge for the Board to be involved in the disciplinary process, union contracts rights, and protection of confidentiality. Mr. McComb explained the history of the City Charter, previous trail boards, and the current disciplinary process. Commissioner Maxsam conceded that the Board does not wish to become involved in the day-to-day operations of the disciplinary process, but they do want to investigate and impose disciplinary action for cases of alleged civil rights violations and cases of high-profile which attract the attention of the media. He understands the need for confidentiality, but fails to see how the Board can maintain confidentiality and still be in compliance with the Open Meetings Act. Chief Boles stated he and Mr. McComb have talked about this issue and are in favor of finding a way for the Board to continue to build credibility within the community. He stated currently the City Council is unsure of their powers: they've never issued a subpoena and have never taken one word of testimony. He has spoken with various community leaders and is unsure if a Charter Amendment is the answer because the process is too lengthy and they're unsure if it will even be successful. He stated he and his staff will continue to examine the points raised here tonight and look at the possibility of expanding the review process while still adhering to the Open Meetings Act. It was suggested that a sub-committee be appointed to meet with Chief Boles and Mr. McComb to continue discussing this issue. Commissioner Walker agreed Chair; Commissioners Canady, Maxsam, and Farhat-Reed agreed to serve as members. DEPARTMENTAL HIGHLIGHTS Departmental Highlights for August and September 1996: The Board received and placed on file reports of departmental highlights for the month of August and September 1996. Copies are attached to the original minutes as a permanent addendum. Curfew Report The Board received and placed on file a copy of the final curfew report. A copy is attached to the original minutes as a permanent addendum. Traffic Review Board The Board received and placed on file the reports for August and September 1996. Copies of the reports are attached to the original minutes as a permanent addendum. Communications Department Report The committee received and placed on file the report for this reporting period. A copy is attached as a permanent addendum to the original minutes. Board of Police Commissioners Meeting Minutes October 15, 1996 Page 5 COMMITTEE REPORTS Budget Committee Commissioner Canady stated he has received the budget schedule and copies were disseminated for members present. He encouraged Board members to make themselves available for the December 17, 1996, meeting at 11:30 a.m. Awards & Citations Committee Commissioner Porter stated the awards ceremony was a big success. He reported this was the best one ever! He commended Sgt. Ventre for a job-well-done. Human Resources Committee Commissioner Walker stated he would like to see dialogue circles continued. He was concerned about the training recommendations made by the Board and Human Relations Committee following two police incidents, and how they would be funded. He wants to ensure that the training funds are in the upcoming budget proposals. Incentives Committee Commissioner Valdez stated they still need more officers living on the north side. Everyone understands the benefits of having officers live with their communities. Commissioner Maxsam felt all officer should live within the City. Chief Boles explained the current legislation and suggested incentives may be the only way to encourage employees to live within the communities in which they work. COMMISSIONER'S COMMENTS Commissioner Canady - Suggested that all Commissioners participate in the Ride-Along- Program. Commissioner Farhat-Reed - Stated she spent a day at LPD for orientation and she had a great day! She had previously attended the Citizen's Police Academy, but felt this one-on-one training was much more inclusive. She is planning a "sit-in" soon in the Detention area. Commissioner Frederick - Absent. Commissioner Maxsam - Clarified his position again on where the Board needs to be in the disciplinary process. He stated the commission needs to be more responsive to the community as there is a "crisis in confidence." And he is definitely in favor of random drug screening. Commissioner Person - Absent for this portion. Commissioner Porter - Stated this Board will never be able to address all of the concerns expressed. But he wants to be armed with enough information to address most of the concerns addressed by the community. He suggested having a rap session with other commissioners to Board of Police Commissioners Meeting Minutes October 15, 1996 Page 6 discuss any avenues in which that may be accomplished. Commissioner Valdez - Spoke briefly about unkept buildings in her neighborhood. She stated when she contacted the Code Compliance Office to assist in a landlord/tenant issue in her area, the tenant was issued the ticket. She is frustrated with the length of time and manner it takes to resolve a complaint with the Code Compliance Department. Commissioner Walker - Stated he listened to tonight's comments from both citizen's and commissioners and expressed his frustrations. He stated he wants this Board to be on the front end of change. He stated there is a lot on controversy around law enforcement not only in our community but the entire country. He understands the accountability system in place but feels we need to work harder in keeping the Board informed of the more high-profile cases. He doesn't want to be caught off-guard when asked to respond at a community meeting. ADMINISTRATIVE REPORT Chief Boles stated there is no immediate resolution to the roadblock by City Council regarding the North Precinct. The issue is on indefinite hold. He stated the neighborhoods are totally in support of the North Precinct concept. OTHER BUSINESS Ms. Hampton She arrived too late for public comment, but Commissioner Canady allowed her to address the Board. She stated the residency issue has been pending for over a year and Lansing needs to deal with its own situation. She stated the Board has a thankless job and commissioners shouldn't take the public comments personally. Since attending these Board meetings, she now holds a new appreciation for this Board. New Rules and Regulations Manuals Copies were disseminated. Mr. McComb stated this is the condensed copy that all officers will receive. Civil Rights Complaint Mr. McComb reviewed the complaint of Mr. Ivan Cyars. He stated the trial that was originally scheduled for October 9, 1996, has been postponed and rescheduled for December 18, 1991. A copy is attached to the original minutes as a permanent addendum. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 8:30 p.m. l BOARD OF POLICE COMMISSIONERS MEETING MINUTES October 15, 1996 Members Present: Others Present: Commissioner James Person, Chairman Jerry Boles, Chief of Police Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Armida Valdez Members of the Public Present: Commissioner Willard Walker Lt. Joel Maatman Sandy Allen, City Councilwoman Absent: Ed Eckart Commissioner Deb Frederick (E) Luther Flanagan Albert (Sonny) Adams Tracy Hampton CALL TO ORDER Commissioner Person called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. He stated he would have to leave at 6:00 p.m., and would turn the Chair over to Commissioner Canady. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the August 20, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. It•was noted that the meeting scheduled for September 17, 1996, was cancelled due to lack of a quorum. UNFINISHED BUSINESS Letter of Appreciation for Explorers Commissioner Person presented a copy of a letter for all Commissioner's to sign. A copy is attached to the original minutes as a permanent addendum. Ms. Gill will forward the original to Sergeant Biederweiden. Random Drug/Alcohol Testing Chief Boles stated he has met with other City departments and CATA regarding this issue. He stated the only City departments currently using this testing are the ones mandated under their licensure. He stated Mr. McComb has obtained the guidelines from the Federal Motor Carrier. A copy was distributed to all commissioners. Mr. McComb stated this is the procedure followed by the Public Service Department and he is with the belief that CATA uses it also. He explained the City's process for testing and laboratories used. Councilwoman Allen stated it would be beneficial for all City employees to be subjected to random testing. Commissioner Walker explained the Board's position in wanting random testing for officers and welcomed the support of the City Council. Chief Boles also recommended the Board include representatives Board of Police Commissioners Meeting Minutes October 15, 1996 Page 2 of the FOP unions as they begin to formulate a recommendation to Mayor Hollister. This item will remain on the agenda for continued discussion at next month's meeting PUBLIC COMMENTS Commissioner Person reminded everyone they had three minutes to speak and if anyone required additional time they could meet with Board members after the meeting for further discussion. Lt. Maatman Lt. Maatman stated he was the Director of the Supervisor's Union, FOP Lodge 141. He stated that 20 supervisors recently participated in Dialogue Circles. Each of the five meetings, lasted two hours each. He stated the subject of the discussions was Dialogue in the City - Racism. He stated the sessions were facilitated by Mr. Luther Flanagan and Mr. Ed Eckart who volunteered their time. Evaluations have been reviewed and most have been positive and the program has proven to have a lot of merit. The consensus of the Board was to acknowledge Mr. Flanagan and Mr. Eckart for their contributions. Commissioners Person, Porter and Farhat- Reed will draft a letter on the Board's behalf. Mr. Ed Eckart Stated tonight marked his first attendance at a Board of Police Commissioner's meeting. He stated the FOP supervisors approached he and Mr. Flanagan to talk about the requirement of initiating Dialogue Circles. They briefed the Chief and he agreed supervisors could attend sessions on company time, provided there was no overtime involved. He is with the belief that there is a new awareness and additional needs were identified to include training more LPD officers. He gratefully acknowledged Chief Boles' support of the program. Mr. Flanagan So often he hears people complaining that no one does anything, everyone just talks about the problems. He believes talk is action. He was thankful of the support from the local community college for these Dialogue Circles. Ms. Sandy Allen She stated the March for Justice brought her a new awareness and she is anxious to do anything she can in any way that she can. She expressed an interest in Dialogue Circles and recommend evening or Saturday classes so daytime workers might be afforded the opportunity to attend. She encouraged everyone present to contact her if there is anything she can do for them. She expressed her admiration for Chief Boles and stated she supports him in all that he does. Mr. Darnell Oldham Stated he had attended no meeting since the summer. He suggested this Board check with the City of Detroit for their random drug screening policy. He questioned Chief Boles about the "black face" complaint. Chief Boles stated he has met with the officers who were offended by this incident and assured them that no individual was the victim of this incident - the department Board of Police ConnnLssioners Meeting Minutes October 15, 1996 Page 3 is the victim. After an extensive criminal and internal investigation, we are still unable to bring the investigation to a close. He continues meeting with those officers and others as well. The investigation will resume if any new leads or information is received. Mr. Oldham was also concerned about the freedom of speech for police officers. He felt they should not be allowed to make public statements. Commissioner Maxsam felt that one person needed to be assigned to speak to the media and uniformed officers ordered to say nothing unless they're off duty and speaking for themselves. Chief Boles stated we do have a Public Information Officer and most of the information to the media comes from that office. He has no plans to attempt to control individual officer's statements to the press at this time as he fully understands their First Amendment Rights as well as the opinion of the City Attorney. Mr. Albert (Sonny) Adams Stated he is a 50 year resident of Lansing and he lives at 712 Lenaway. He stated when he calls for a police officer he can't get one. When he calls a city department for service (i.e. LPD, LFD or Public Service) he wants service. He sympathizes with the cops because their hands are tied. He has dope dealers in his neighborhood and the Chief has done everything he has to help him. Chief Boles stated Mr. Adams has now provided keys to his complex and is working with the police to resolve this issue. FRATERNAL ORDER OF POLICE No additional information was presented for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file 27 letters and memorandums of appreciation complimenting officers of the LPD received during the months of August and September 1996. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of August and September 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Maxsam stated they're always seeing glowing letters of recommendation, but they never see letters of complaint. He questioned where they were and why the Board does not see them. Chief Boles stated most of the complaints are made in person to a supervisor or to the Internal Affairs Unit. He stated rarely are they made by letter. He stated a summary of the monthly complaints are referred to this Board via the Internal Affairs Summary. Commissioner Maxsam questioned whether anyone was looking at patterns and trends and suggested this is the kind of information the Board wants to see. Commissioner Maxsam stated the March for Justice has sparked his interest in requesting an amendment to the City Charter which would enable this Board to participate in the investigatory and disciplinary process following citizen complaints. When questioned if and under what Board of Police Commissioners Meeting Minutes October 15, 1996 Page 4 circumstances the City Council goes into closed session, Ms. Allen stated for labor negotiations and occasionally when an employee is involved to protect the employee. She stated there are very few closed sessions. Commissioner Maxsam expressed his perplextion of how this Board is expected to fulfill it's power of investigation unless they can hold closed sessions. He expressed his confusion regarding the City Charter's charge for the Board to be involved in the disciplinary process, union contracts rights, and protection of confidentiality. Mr. McComb explained the history of the City Charter, previous trail boards, and the current disciplinary process. Commissioner Maxsam conceded that the Board does not wish to become involved in the day-to-day operations of the disciplinary process, but they do want to investigate and impose disciplinary action for cases of alleged civil rights violations and cases of high-profile which attract the attention of the media. He understands the need for confidentiality, but fails to see how the Board can maintain confidentiality and still be in compliance with the Open Meetings Act. Chief Boles stated he and Mr. McComb have talked about this issue and are in favor of finding a way for the Board to continue to build credibility within the community. He stated currently the City Council is unsure of their powers: they've never issued a subpoena and have never taken one word of testimony. He has spoken with various community leaders and is unsure if a Charter Amendment is the answer because the process is too lengthy and they're unsure if it will even be successful. He stated he and his staff will continue to examine the points raised here tonight and look at the possibility of expanding the review process while still adhering to the Open Meetings Act. It was suggested that a sub-committee be appointed to meet with Chief Boles and Mr. McComb to continue discussing this issue. Commissioner Walker agreed to Chair, Commissioners Canady, Maxsam, and Farhat-Reed agreed to serve as members. DEPARTMENTAL HIGHLIGHTS Departmental Highlights for August and September 1996: The Board received and placed on file reports of departmental highlights for the month of August and September 1996. Copies are attached to the original minutes as a permanent addendum. Curfew Report The Board received and placed on file a copy of the final curfew report. A copy is attached to the original minutes as a permanent addendum. Traffic Review Board The Board received and placed on file the reports for August and September 1996. Copies of the reports are attached to the original minutes as a permanent addendum. Communications Department Report The committee received and placed on file the report for this reporting period. A copy is attached as a permanent addendum to the original minutes. Board of Police Commissioners Meeting Minutes October 15, 1996 Page 5 COMMITTEE REPORTS Budget Committee Commissioner Canady stated he has received the budget schedule and copies were disseminated for members present. He encouraged Board members to make themselves available for the December 17, 1996, meeting at 11:30 a.m. Awards & Citations Committee Commissioner Porter stated the awards ceremony was a big success. He reported this was the best one ever! He commended Sgt. Ventre for a job-well-done. Human Resources Committee Commissioner Walker stated he would like to see dialogue circles continued. He was concerned about the training recommendations made by the Board and Human Relations Committee following two police incidents, and how they would be funded. He wants to ensure that the training funds are in the upcoming budget proposals. Incentives Committee Commissioner Valdez stated they still need more officers living on the north side. Everyone understands the benefits of having officers live with their communities. Commissioner Maxsam felt all officer should live within the City. Chief Boles explained the current legislation and suggested incentives may be the only way to encourage employees to live within the communities in which they work. COMMISSIONER'S COMMENTS Commissioner Canady - Suggested that all Commissioners participate in the Ride-Along- Program. Commissioner Farhat-Reed - Stated she spent a day at LPD for orientation and she had a great day! She had previously attended the Citizen's Police Academy, but felt this one-on-one training was much more inclusive. She is planning a "sit-in" soon in the Detention area. Commissioner Frederick - Absent. Commissioner Maxsam - Clarified his position again on where the Board needs to be in the disciplinary process. He stated the commission needs to be more responsive to the community as there is a "crisis in confidence." And he is definitely in favor of random drug screening. Commissioner Person - Absent for this portion. Commissioner Porter - Stated this Board will never be able to address all of the concerns expressed. But he wants to be armed with enough information to address most of the concerns addressed by the community. He suggested having a rap session with other commissioners to Board of Police Commissioners Meeting Minutes October 15, 1996 Page 6 discuss any avenues in which that may be accomplished. Commissioner Valdez - Spoke briefly about unkept buildings in her neighborhood. She stated when she contacted the Code Compliance Office to assist in a landlord/tenant issue in her area, the tenant was issued the ticket. She is frustrated with the length of time and manner it takes to resolve a complaint with the Code Compliance Department. Commissioner Walker - Stated he listened to tonight's comments from both citizen's and commissioners and expressed his frustrations. He stated he wants this Board to be on the front end of change. He stated there is a lot on controversy around law enforcement not only in our community but the entire country. He understands the accountability system in place but feels we need to work harder in keeping the Board informed of the more high-profile cases. He doesn't want to be caught off-guard when asked to respond at a community meeting. ADMINISTRATIVE REPORT Chief Boles stated there is no immediate resolution to the roadblock by City Council regarding the North Precinct. The issue is on indefinite hold. He stated the neighborhoods are totally in support of the North Precinct concept. OTHER BUSINESS Ms. Hampton She arrived too late for public comment, but Commissioner Canady allowed her to address the Board. She stated the residency issue has been pending for over a year and Lansing needs to deal with its own situation. She stated the Board has a thankless job and commissioners shouldn't take the public comments personally. Since attending these Board meetings, she now holds a new appreciation for this Board. New Rules and Regulations Manuals Copies were disseminated. Mr. McComb stated this is the condensed copy that all officers will receive. Civil Rights Complaint Mr. McComb reviewed the complaint of Mr. Ivan Cyars. He stated the trial that was originally scheduled for October 9, 1996, has been postponed and rescheduled for December 18, 1991. A copy is attached to the original minutes as a permanent addendum. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 8:30 p.m. MEMORANDUM TO: Dixie Gilmore, City Clerk's Office FROM: Vicky Gill, Police DqpwlAt DATE: November 15, 1996 RE: Board of Police Commissio Minutes Regarding your request of November 14, 1996, please know that the special meeting scheduled for May 8, 1996, was never held. A copy of the cancellation notice is attached for your records. The regular meeting scheduled for September 17, 1996, was also never held. A copy of that cancellation notice is also attached for your records. A copy of the October 15, 1996, meeting minutes are attached in DRAFT form. They will not be approved until the November 19, 1996, meeting. If you require any additional information, please let me know. :vg attachments r-- M ';7 �� O PN 5 I A C dr,C H l�,P Office of City Clerk City of Lansing , Marilynn Slade City Clerk TO: Vicky Gill Chief Boles' Office/Lansing Police Department FROM: Dixie Gilmore Chief Deputy City Clerk SUBJECT: Board of Police Commissioner Minutes DATE: November 14, 1996 Board of Police Commissioner minutes are not on file at this time for the following dates: Wednesday, May 8, 1996 Special Meeting Tuesday, September 17, 1996 Regular Meeting Tuesday, October 15, 1996 Regular Meeting Please provide approved minutes for these meetings. If you do not have approved minutes at this time, please forward draft copies. Thank you for your attention to this matter. /dlg Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 • 517-483-4131 • 517-483-6066 FAX Y CJ� MEMORANDUM TO: Dixie Gilmore, City Clerk's Office FROM: Vicky Gill, Police Department DATE: May 3, 1996 RE: Board of Police Commissioners Minutes Enclosed please find a copy of the following minutes: • March 14, 1996 Special Meeting • March 19, 1996 Regular Meeting • �XApril 10, 1996 Special Meeting • April 16, 1996 Regular Meeting • +,-April 17, 1996 Special Meeting • L/'April 24, 1996 Special Meeting • ,--May 1, 1996 Special Meeting I apologize for the delay in getting these copies to you, we've been very busy with the extra meetings and other issues over here. Thanks a bunch for your patience. If you need anything else, please let me know. :vg I W-6 dt Y� -Ahial xl ������ U,444jb 7A, f/2-D �7 MEMORANDUM TO: Dixie Gilmore, City Clerk's Office FROM: Vicky Gill, Police Department DATE: May 3, 1996 RE: Board of Police Commissioners Minutes Enclosed please find a copy of the following minutes: • March 14, 1996 Special Meeting • March 19, 1996 Regular Meeting • April 10, 1996 Special Meeting • April 16, 1996 Regular Meeting • April 17, 1996 Special Meeting • April 24, 1996 Special Meeting • May 1, 1996 Special Meeting I apologize for the delay in getting these copies to you, we've been very busy with the extra meetings and other issues over here. Thanks a bunch for your patience. If you need anything else, please let me know. :vg y�N S 1 �'c LANSING POLICE DEPARTMENT 120 W.Michigan Ave. - -� Lansing,Michigan 48933 " (517)483-4600(TDD/Voice) FAX:(517)483-4824 cH1G David C. Hollister,Mayor MEMORANDUM Jerome G.Boles, Il,Chief of Police TO: Dixie Gilmore, City Clerk's Office FRO icky Gill, Chief Boles' Office DATE: September 20, 1996 J RE: Board of Police Commissioner Minutes Enclosed are the copies of the minutes requested. Below is a summary of their approval dates. If you require any additional information, please let me know. Meeting Date Kind of Meeting Approval Date March 14, 1996 Special June 18, 1996 (see copy submitted) March 19, 1996 Regular April 16, 1996 (see copy submitted) April 10, 1996 Special June 18, 1996 (see copy submitted) April 16, 1996 Regular June 18, 1996 (see copy submitted) April 17, 1996 Special June 18, 1996 (see copy submitted) April 24, 1996 Special June 18, 1996 (see copy submitted) May 1, 1996 Special June 18, 1996 (see copy submitted) May 21, 1996 Informational June 18, 1996 (see copy submitted) June 18, 1996 Regular July 16, 1996 (see copy submitted) July 16, 1996 Regular August 20, 1996 (see copy submitted) August 20, 1996 Regular Pending approval. Meeting for September 17, 1996, canceled for lack of quorum. Next scheduled meeting, October 15, 1996. :vg "POLICE&COMMUNITY PARTNERSHIPS FOR PROGRESS&EXCELLENCE" "Equal Opportunity Employer" CANCELLATION NOTICE THE BOARD OF POLICE COMMISSIONER ' S MEETING SCHEDULED FOR 5 : 30 P . M . , TUESDAY , SEPTEMBER 17 , 19969 AT THE SOUTH PRECINCT HAS BEEN CANCELLED . BOARD OF POLICE COMMISSIONERS MEETING AGENDA September 17, 1996 Page Numbers I. Call to Order/Establishment of a Quorum/Attendance Roster - Commissioner Canady 1 U. Additions to the Agenda III. Approval of Minutes from the August 20, 1996, meeting - Commissioner Person 2 - 9 IV. Unfinished Business A. Letter of Appreciation for Explorers (presented for signature) B. Random Drug/Alcohol Testing - Commissioner Canady V. Comments by Members of the Public VI. Fraternal Order of Police Business VII. Communications/Letters of Appreciation - Commissioner Canady 10 - 22 VIII. Complaints Against the Department - Commissioner Person 23 - 24 IX. Departmental Reports A. Monthly Highlights • August Report 25 - 32 • North Team Report & Map 33 - 35 • South Team Report & Map 36 - 38 B. Curfew Report 39 C. Communications Department Report (July 1996) 40 D. Traffic Report N/A BOARD OF POLICE COMMISSIONERS MEETING AGENDA September 17, 1996 X. Board Committee Reports A. Awards & Citations (September 18, 1996) - Commissioner Porter B. Budget - Commissioner Canady C. Human Resources - Commissioner Walker 1) Minutes from the Joint Training Meeting (8/14/96) 41 2) Detention Study Recommendations/Status Report - Chief Boles 42 - 46 D. Incentives - Commissioner Valdez XI. Commissioner's Conmients - Members Present XII. Administrative Comments - Chief Boles XIII. Other Business A. Civil Rights Complaint - Mr. McComb 47 B. New Rules & Regulations Manuals - Chief Boles XIV. Adjournment - Commissioner Canady BOARD OF POLICE COMMISSIONERS MEETING MINUTES August 20, 1996 Members Present: Others Present: Commissioner James Person, Chairman David Sinclair, Assistant Chief of Police Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner Patty Farhat-Reed Paul McComb, Legal Advisor Commissioner Deb Frederick Commissioner David Maxsam . Commissioner Grady Porter Commissioner Armida Valdez Commissioner Willard Walker Members of the Public Present: Lt. Joel Maatman Tracey Hampton CALL TO ORDER Commissioner Person called the meeting to order at 5:40 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the July 16, 1996, meeting were reviewed and approved with a minor revision. It was noted that Commissioner Farhat-Reed was omitted from the list of Commissioner's Present. Ms. Gill will amend the minutes to reflect Commissioner Farhat-Reed's presence at the July meeting. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Use of Forfeiture Funds for Random Drug Screens Mr. McComb stated the forfeiture attorney for the City Attorney's Office was contacted for an opinion. He indicates use of forfeiture monies is limited. It must only be used to "enhance" controlled substance law enforcement. The opinion indicated "if the testing is to confirm a reasonable suspicion of drug usage focussed upon a specific individual or group of officers..." Therefore,-Mr. McComb felt in all likelihood this would mean that forfeiture monies could be used for random drug screening of officers who are assigned to special drug assignments. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 2 Previous Contract Proposals Regarding Drug/Alcohol Testing Mr. McComb reviewed the two previous contract proposals (1) 1986 and (2) 1989. He stated the 1986 proposal was not pursued vigorously as the issue of random testing was pending in the U. S. Supreme Court at the time. In 1989 the contract proposal was patterned after the MSP program was a more ambitious attempt. The U. S. Supreme Court found random drug screening legal provided the collection process was reasonable. During this same time, the Detroit Police Department was experiencing problems with their random testing in the area of the collection process. And because of Detroit's problem with collection, the 1989 proposal was not further pursued by the City. There was some discussion about the confiscation of drugs and whether or not there had been any allegations or complaints of abuse. Assistant Chief Sinclair stated the only time an officer is alone with an individual with drugs would be at the point-of-contact. Mr. McComb is satisfied that employees are never in such a position after the point-of-seizure. He stated this is where the chain-of-custody begins and thereafter drugs are transferred to the MSP Lab for analysis. He stated there have never been any complaints or allegations of abuse in this area. Commissioner Maxsam reiterated his concern that officers are given authority, a badge, and a weapon and they exercise control over people's lives. His concern is for public safety. He wants to ensure that any officer with a drug or alcohol problem is immediately removed from public contact. Additionally, Commissioner Maxsam questioned whether or not the Board would favor a rehabilitation program or disciplinary program. Mr. McComb stated the policy must address these issues prior to entering into a contract with the union(s). Commissioner Maxsam questioned the need to bargain a random drug policy. He felt the City Charter gave the Board powers to enact policies. Mr. McComb cautioned the Board that the process must be reasonable and questioned what would occur if rehabilitation failed. He reiterated that if discipline could result, discipline was a mandatory topic of bargaining. He also stated the. Board could not implement a policy/procedure which would affect the employee's environment without having bargained the issue with the union(s). Commissioner Person questioned whether or not initiation of such a policy would be within the Board's scope. Mr. McComb stated the Board's role is to give advice to the Mayor and Police Administration. He stated City Administration would decide how vigorously to pursue any such policy. He stated there are many issues to resolve prior to making any recommendations. Commissioner Frederick stated this is a difficult issue that involves civil liberties as well as concerns of public safety. She stated the Board should proceed cautiously. Commissioner Person suggested an ad hoc committee be appointed to formulate a proposal. Commissioner Walker, Commissioner, Frederick and Commissioner Canady volunteered for this committee assignment. This issue to remain on agenda for further discussion at the next meeting. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 3 f PUBLIC COMMENTS Ms. Hampton stated she has a problem with the current policy as it is subjective. She felt random testing would put everyone on the same playing field. She asked commissioners not to be discouraged by friction concerning issues of constitutional and civil rights. She stated a compelling public interest will override that friction. FRATERNAL ORDER OF POLICE Lt. Maatman stated he had spoken with the Union's attorney and several supervisors to get a feel for their receptiveness to a random drug policy. He stated a number of supervisors firmly agree with the Board's intent, but also believe this is a topic of bargaining. Most feel it is better to work with the Union to reach a common agreement and several have indicated a willingness to work with the Board on such a policy. Most supervisors feel abuse of illegal narcotics is a criminal matter and should result in discipline/termination not rehabilitation. They also feel that rehabilitation is a consideration for alcohol abuse as it is a legal substance. Lt. Maatman suggested the Board work with the Union. Commissioners were concerned about getting officers off the streets and taking their weapons when suspected of drug or alcohol abuse. Mr. McComb stated the Department has a for cause policy in place and any employee suspected of such abuse would be sent for testing immediately. There was additional discussion regarding rehabilitation vs disciplinary policies. Commissioners Maxsam and Canady favor rehabilitation for both legal and illegal substances. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file five letters and memorandums of appreciation complimenting officers of the Department. Copies are attached as a permanent addendum to the original minutes. Comments were made about Officer Noel Garcia being known as the "Northside Angel." They stated he was doing a nice job and everyone enjoyed his presence on the northside. Commissioners commented that Sergeant Biederweiden did an excellent job at Officer Bill Fabijancic's funeral. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 4 Complaints against the Department The Board reviewed and placed on file eight complaints investigated by the Internal Affairs Unit for the month of July 1996. Copies are attached to the original minutes as a permanent addendum. Commissioners.questioned how they could begin receiving more information on this report. They questioned how they could be the final authority or know what kind of training policies may be needed if they were not privy to sufficient information regarding complaints. Commissioner Maxsam questioned how the Board might become more involved in disciplinary process, maintain confidentiality and comply with the Open Meetings Act. Mr. McComb stated the Act is specific, stating a meeting may be closed at the request of the employee receiving the discipline. It does not otherwise allow for closed or executive sessions. Commissioner Maxsam questioned the interpretation of the Open Meetings Act. Mr. McComb stated the interpretation of the Attorney General and the Courts has been liberal. They conclude that most meetings should be opened-to the public. Commissioner Maxsam expressed his interest in becoming more involved in the disciplinary aspects of certain cases (i.e. Elliott Larson Act Violations), not the day-to-day operations of the department. He stated the City Charter affords this Board investigatory powers and empowers the Board to be the final disciplinary authority. Commissioner Maxsam questioned whether or not there was some loophole in the Act that would allow the Board to perform its investigatory tasks. He felt there should be some degree of flexibility whereby the Act would allow for confidentiality of disciplinary matters. Mr. McComb reiterated that the Open Meetings Act allows for closed sessions only when requested by the employee subject to the discipline. When questioned, Mr. McComb stated opinions from the Attorney General can be requested by a legislator or.the mayor. DEPARTMENTAL HIGHLIGHTS Jul,, l The Board received and placed on file reports of departmental highlights for the month of July, 1996. A copy is attached to the original minutes as a permanent addendum. Regarding staffing levels, the Board questioned why we routinely show a vacancy of at least 10 officers. They questioned whether or not we were having difficulty in recruiting/hiring efforts. Assistant Chief Sinclair stated in.the last few days we have hired five new officers, leaving a vacancy of eight officers. Traffic Review Board No report was submitted. Communications Department Report The Board received and placed on file the report for June, 1996. A copy is attached as a permanent addendum to the original minutes. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 5 Curfew Report The Board received and placed on file the curfew report for July, 1996. A copy is attached to the original minutes as a permanent addendum. There was a total of 133 curfew violations. The Board noted seven parental responsibility tickets were issued. COMMITTEE REPORTS Budget Committee Commissioner Canady stated the budget process has been completed. Awards & Citations Committee Commissioner Porter stated the awards and citations ceremony will be held on September 18, 1996, at the South Precinct. He reviewed the list of awards to be presented to sworn officers and citizens. He encouraged all Board members to attend the ceremonies. Human Resources Committee Commissioner Walker stated he and Commissioner Canady met with Mr. Bob Kennon of the Mayor's Police Community Relations and Human Relations Committee to discuss combining their training recommendations from their review of the Latin-American Club Raid and this Boards training recommendations from the review of the Swans case. They will be determining what training has already taken place, which recommendations need a higher priority, and which recommendations can be scheduled for later training cycles. Incentives Committee Commissioner Person stated 11 employees have taken advantage of the City's inventive program for purchasing a house inside the city limits. Nine such incentives remain available. The Board commented favorably on this program and indicated it appeared to be working well. COMMISSIONER'S COMMENTS. Commissioner Canady • expressed praise for the Explorers who participated in the Jazz Festival. He stated they did a fine job. Lt. Maatman stated they were also at the Borderline Fun Festival for the opening ceremonies. He explained that Sgt. Biederweiden heads this program and 0 participants are volunteers. He stated they even Board of Police Commissioners Meeting Minutes August 20, 1996 Page 6 purchase their own uniforms. Commissioners expressed their desire to commend these young; volunteers and the efforts of Sgt. Biederweiden. Commissioners Canady and Person will write the letter on behalf of the Board. • questioned whether or not the Board wanted to consider a different, more convenient meeting time. Everyone agreed to keep the meeting time at 5:30 p.m. Commissioner Farhat-Reed • stated she has been invited to attend the Jewish National Fund's Dinner to honor Mayor Hollister. The dinner is the same time as the next Board meeting and questioned whether or other members would be attending. No one else was attending. Commissioner Farhat-Reed was excused from the next meeting. • her annual neighborhood watch pool party is being held on Wednesday, August 28, 1996. She invited everyone to attend and bring their families. Commissioner Frederick 0 stated she has classes from 6-8 p.m. on Tuesdays and will be unavailable for regular meetings during the quarter. She stated she will be available to work on sub-committees or special projects. Commissioner Frederick was excused from the next meeting. 0 wants to see the Board of Police Commissioners work more closely with the Mayor's Police Community Relations/Human Relations Board to resolve community issues. Because both boards have mutual interest she would like to see a more regular contact. • expressed concern about bicyclists in her neighborhood who ride with no reflectors, no lights, and no helmets. She has seen an increased number of bikers and questioned whether more enforcement or public education was the answer to her safety concerns. Assistant Chief Sinclair stated the bicycle helmet ordinance was discussed at the Public Safety Committee today and the City Attorney's Office has been directed to research what other jurisdictions are doing. He stated that issue will be back on their agenda. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 7 • stated East Lansing had gotten a negative letter to the editor regarding their river trail. She questioned whether or not our river trail was patrolled. Assistant Chief Sinclair stated it is heavily patrolled, especially during the lunch hours when more people are out and about. There was some discussion about runners, bikers, and rollerbladers, on the river walk as well as safety issues they pose to one another. Commissioner Maxsam • questioned whether or not the Department was recruiting at the State Fair in Detroit. He stated the Department of Corrections as well as the Michigan State Police were present. He is hopeful that the Lansing Police Department will have a presence at next year's fair. • questioned whether or not the Mayor had accepted and/or implemented any of the Board's recommendations stemming from the review of Mr. Swans' death. Assistant Chief Sinclair stated the city's purchasing director is getting bids together for the construction aspects and that some training has occurred. Commissioner Maxsam questioned whether or not the FBI investigation or civil case was still on-going and whether or not the Board would be revisiting the Swans case in the future. Commissioner Maxsam stated he has been asked to participate in a Civil Rights Forum on September 23, 1996, and answer questions about Mr. Swans' death. Commissioner Person stated the Board's recommendations are being implemented. There was a general consensus that if new information is revealed during the investigation or civil case, the Board will be informed and act accordingly. • questioned whether community policing officer Tracy would be allowed to participate in the Black Child and Family's upcoming events scheduled form September 14. He stated a portion of the streets would be required to be blocked and he would also like to see Officer Tracy more involved in the planning aspects. Assistant Chief Sinclair will make this known to Officer Tracy. Commissioner Maxsam also announced the March of Justice will be held on September 28, 1996. Commissioner Person • will be absent from the next meeting and stated Commissioner Canady will chair. Commissioner Person was excused from the next meeting. Board of Police Commissioners Meeting Minutes August 20, 1996 Page 8 Commissioner Porter had no additional comments. Commissioner Valdez • stated prostitutes were riding bikes on the north side, also with no lights or helmets. She questioned whether or not additional enforcement would be beneficial. Commissioner Walker had no additional comments. ADMINISTRATIVE REPORT Assistant Chief Sinclair announced Captain Jim Cook retired effective July 31, 1996. A copy of his letter is attached to the original minutes as a permanent addendum. Due to the length of the meeting, there were no additional administrative comments. OTHER BUSINESS Election of Officers Commissioner Person was reelected as Chairperson and Commissioner Pete Canady as Vice- Chairperson. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:42 p.m. WARD OF POLICE COMIVIISSIONEAS Revised Copy MEETING MINUTES/July 16, 1996 Members Present: Others Present: Commissioner James Person, Chairman Jerry Boles, Chief of Police Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner Patty Farhat-Reed Paul McComb, Legal Advisor Commissioner Deb Frederick Commissioner Grady Porter Commissioner Armida Valdez Commissioner Willard Walker Absent: Members of the Public Present: Commissioner David Maxsam (E) Lt. Joel Maatman Tracey Hampton CALL TO ORDER Commissioner Person called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the June 18, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Board's Letter to Officer Luciano - Commissioner Person stated as requested by this Board a letter of recognition was sent to Officer Patty Luciano. A copy is attached to the original minutes as a permanent addendum. Follow-Up on Legal Challenges to Denver's Board - A copy of Sgt. Phillips' findings regarding legal challenges to Denver's Civilian Reivew Board is attached to the original minutes as a permanent addendum. The report indicated the City of Denver was currently in court with challenges to their Citizen's Review Board. It was noted that part of the problem stemmed from an Officer's Bill of Rights that was granted by the City Charter. Their charter protected officer's statements to Internal Affairs and the District Attorney. When the City set up their Citizen Review Board with subpeona powers they were in direct violation of their charter. Chief Boles stated the Officer's Bill of Rights is an issue on the national level that all professional organizations do not support. He stated our local FOP supports the Officer's Bill of Rights. He stated this LPD Administration does not support this concept. When questioned why, he stated officers do not want to be held accountable for their actions which makes administration difficult. Mr. McComb stated it establishes parameters which impeeds the process before officers can be questioned to document all the facts in a case. He stated this makes it difficult to provide statements to the public when there are high-profile media events. The public was entitled to information on a timely basis. He stated he will keep the Board informed of the on- going lawsuit. Board of Police Con mismoners Meeting Minutes July 16, 1996 Page 2 Copy of Open Meetings Act - A copy of the Open Meetings Act which was requested from Mr. McComb is attached to the original minutes as a permanent addendum. Mr. McComb referred Board members to page 33, 15.268, section 8(a), he stated this section allows for closed sessions only on the request of an employee to consider disciplinary complaints or charges. Chief Boles stated there could be no closed sessions for discussion of anything other than a disciplinary hearing by request of the employee. Commissioners questioned whether or not previous Police Boards have conducted any disciplinary hearings. Mr. McComb stated they have conducted trial boards in the past but the employees did not want closed sessions, in fact, several members requested that the media be present. Consideration should be given to changing the scope of the Board in order to resolve how to conduct confidential matters in a public forum. Follow-Up from the Railroad Regarding Random Drug Testing - Mr. McComb stated he obtained copies of two plans for random drug screens for (1) those employees with a CDLs which is administered by the Federal Highway Department of Transportation's Administration; and (2) railworkers which is administered by the Federal Rail Administration. Their program is set up to ensure that every employee is tested at least once per year. He stated both policies are quite lengthy and he has a copy available in his officer if anyone wants to make arrangements with him to read them. The Board questioned how our current policies and procedures compare with those of Detroit Police Department. Mr. McComb explained Detroit PD has a special unit to conduct random drug screens. He stated special attention is given to the selection process prior to announcing names of employees to be tested. He stated that once the employee has been notified to report for testing, that employee must have the test conducted within an hour. He stated all tests are conducted in a medical environment which is very costly. Commissioners questioned the number of persons found to be in violation. Mr. McComb stated test results must be maintained confidential. He stated if this Board considers making a proposal for random drug screens consideration should be given to whether or not disciplinary action should be taken or if the employee should be rehabilitated. He stated most policies and procedures favor rehabilitation, and disciplinary action is only taken if rehabilitation efforts fail. He stated previous attempts through bargaining to allow drug testing for cause, for transfers into or out of special units, or for significant incidents have been unsuccessful. Commissioners didn't want to see this program fall by the wayside due to costs. Chief Boles stated any costs associated with implementation program could be dealt with at budget time. He felt the bigger issue was contractual issues and negotiations with the labor unions. Commissioners felt some form of random drug screens should be presented to the labor unions. They questioned whether or not funds from forfeiture accounts could be used for the implementation or rehabilitation aspects of this program. Chief Boles will review this issue and report back at the next meeting, Chief Boles suggested that if this Board wanted to proceed with a recommendation for random drug screens, they should prepare a package for labor negotiations. Mr. McComb stated the package should include specifics regarding the process and procedure as those are the bargainable issues. He stated City Administration would make the decision on how strenuously to drive this issue at the bargaining table. Commissioners questioned whether or not they could receive copies of previous proposals submitted to the bargaining table. Mr. McComb will provide those copies by the next meeting. This issue to remain an agenda item for discussion at the next meeting. Board of Police Conunis„oners Meeting Minutes July 16, 1996 Page 3 PUBLIC COMMENTS Ms. Hampton stated she was unclear regarding testing for cause and asked for clarification. Mr. McComb explained "for cause" would be if a supervisor has reason to believe an employee is under the influence of drugs or alcohol. She suggested this was subjective. Mr. McComb stated supervisors are trained to recognize behavior which would suggest an employee is under the influence. He stated hopefully every supervisor wants to ensure that everyone working for them is able to do their job. Ms. Hampton then questioned what the process would be if the Board did present a proposal for random drug screening and how she could facilitate getting that package to the bargaining table. Mr. McComb stated this is an advisory board to the Mayor. FRATERNAL ORDER OF POLICE Lt. Maatman presented information regarding dialogue circles which is a communication forum initiated by the FOP Supervisor's Union. He stated the group is facilitated by Luther Flannagan and Ed Eckert. The goal of the Union is to enhance relationships within the supervisory ranks which will hopefully spread outward to the community. Each supervisor will attend five to six sessions. The beginning of the program has been postponed until September to allow for summer vacations. After the initial sessions are complete, Lt. Maatman will address the Board with the program's progress. He thanked the Mayor and Chief for their support of this program. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file nine letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. It was noted that each letter this month was service-specific and people seemed to be very impressed with the service received. Complaints against the Department The Board reviewed and placed on file six complaints investigated by the Internal Affairs Unit for the month of June 1996. Copies are attached to the original minutes as a permanent addendum. When questioned, Chief Boles explained that exonerated meant that the officer did what was alleged, but the officer acted appropriately and within the rules and regulations of the Department. Board of Police Conunis�,oners Meeting Minutes July 16, 1996 Page 4 DEPARTMENTAL HIGHLIGHTS June 1996: The Board received and placed on file reports of departmental highlights for the month of June, 1996. They acknowledged a new reporting format and expressed a desire to have current month statistics compared to previous month statistics. They also requested to have domestic assault statistics reported separately from other assaults. Annually, they requested to see year-to-date statistics compared with the previous year's statistics. Commissioner Porter questioned where the monies collected from false alarms are deposited. Chief Boles stated all monies collected are deposited into the general fund. Copies are attached to the original minutes as a permanent addendum. Tri-County Metro Narcotics Report The Board questioned whether or not confiscated vehicles could be used for police purposes. Chief Boles stated they could be provided there are no leins and the department must adhere to the forfeiture process. He stated if there is a lein, the lein holder gets first rights on funds collected and the rest of the money goes into the forfeiture account. Money from the forfeiture account must be used for drug education or enhancement of enforcement. He stated there is a public accounting of funds which is mandated by the State. He stated for the first time in eight years, we will not be able to make our grant match from the forfeiture accounts. Traffic Review Board The Board received and placed on file the reports for this reporting period. They noted there were nine accidents, four of which were preventable. A copy of the report is attached to the original minutes as a permanent addendum. Communications Department Report The Board received and placed on file the report for May 1996. A copy is attached as a permanent addendum to the original minutes. Curfew Report The Board received and placed on file the curfew report for June 1996. A copy is attached to the original minutes as a permanent addendum. COMMITTEE REPORTS Budget Committee Commissioner Canady thanked Lieutenant Andy George and Jim DeLine for their work on the budget. Awards & Citations Committee Commissioner Porter stated his committee met this morning to discuss awards and citations. He stated several decisions were made regarding departmental and citizen awards. The Awards Ceremony is scheduled for September 18, 1996. Board of Police Commiswoners Meeting Minutes July 16, 1996 Page 5 Human Resources Committee Commissioner Walker stated there are currently 14 sworn vacancies in the department. There is a possibility that 7 of those vacancies will be filled within the next month. He complimented the Human Resources Division for their efforts in recruiting gender and race-specific candidates. He stated there are still some training issues to be resolved. He stated this Board made specific training recommendations after their review of the Swans case and now the Mayor's Committee for Police and Human Relations has made additional training recommendations following their review of the Latin-American Club Raid and the arrest of Mr. Beltran. He felt it would be wise to combine the recommendations from both committees. He felt that common ground issues should take priority on the training agenda. Commissioner Walker asked Chief Boles and Captain Dawson to set up a meeting with Bob Kennon to further discuss this issue. Incentives Committee Commissioner Person stated the City approved a $5,000 incentive to City employees who chose to move into the City. He stated 20 such incentives were approved. Incentives will be given on a first-come-first-serve basis. The loans of $5,000 are forgiven if the employee lives in the residence for five years. There was some discussion regarding residency requirements for employees. Chief Boles stated that issue is currently pending in the legislature. He stated this is a negotiable issue in contract negotiations. COMMISSIONER'S COMMENTS Commissioner Canady - None. Commissioner Farhat-Reed - thanked everyone for the warm welcome tonight. She stated she found her first meeting informative and is looking forward to working with this committee on the issues discussed tonight. Commissioner Frederick - None. Commissioner Maxsam - Absent. Commissioner Person - shared a letter he received from Mayor Hollister thanking Board members for their work in the review of the Swans case. Chief Boles stated the City Council has transferred the request for constructing funding the to Ways and Means Committee to find funding for requested modifications. The Department will be ready for immediate implementation when those funds are available. Commissioner Person stated the P.A.L. Golf Outing is scheduled for September 4, 1996. He encouraged everyone to participate. He stated it will be held at the El Dorado Golf Course. He stated this outing earned $11,500 for the program last year. Commissioner Porter - None. Board of Police Conunisajoners Meeting Minutes July 16, 1996 Page 6 Commissioner Valdez - None. Commissioner Walker - None. ADMINISTRATIVE REPORT Chief Boles stated he will be arranging for a one-day orientation session for Commissioner Farhat-Reed as he welcomed her to the Board. He stated negotiations are still underway for a north precinct facility. He was complimentary of the dialogue circles implemented by the supervisors. Election of officers was postponed until August He stated at that time this Board will elect a new chair, vice-chair and make committee assi ng nents. OTHER BUSINESS Annual Report for 1995 The Board reviewed and placed on file the annual report for 1995. A copy is attached to the original minutes as a permanent addendum. The Board suggested that next year's report have page numbers. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:18 p.m. 1,JARD OF POLICE COMMISSIONLAS MEETING MINUTES June 18, 1996 Members Present: Others Present: Commissioner James Person, Chairman Jerry Boles, Chief of Police Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Willard Walker Guests: Sgt. Lisa Phillips, Planning Division Absent: Members of the Public Present: Commissioner Deb Frederick (E) Joel Maatman, FOP Supervisor's Union Commissioner Armida Valdez (A) Darnell Oldham, Sr., 3815 Berwick Dr., 48911 Brian Smitherman, FOP Non-Supervisor's Union CALL TO ORDER Commissioner Person called the meeting to order at 5:45 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA There were no additions to the agenda. MINUTES APPROVAL Minutes from the following meetings were reviewed and approved (March 14; April 10, 1996; April 16, 1996; April 17, 1996; April 24, 1996; May 1, 1996; and May 21, 1996). It was noted that the May 21, 1996, meeting was never called to order as there was no quorum, but the Board received information from members of the public who were present. Copies are attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Revised Report to the Mayor Commissioner Person thanked members of the Board who worked on the revised copy of the Board's report to the Mayor. He stated while there were no significant changes, there were many changes made to help clarify the original report. He stated the Mayor received the report yesterday and was confident the document would be made public after the Mayor's review. A copy of the report is attached to the original minutes as a permanent addendum. Research Regarding Internal Investigations and Imposition of Disciplinary Action by Civilian Boards - Commissioner Maxsam questioned how the Board could conduct confidential business (i.e. internal affairs reports) and maintain confidential matters in a public forum. Paul McComb, Legal Advisor, stated that is a dilemma the Board will have to consider during these initial phases of review and organization. He stated that while Board meetings must adhere to the Open Meetings Act, closed sessions can occur for disciplinary matters on a motion by the Board of Police ConunisNioners Meeting Minutes June 18, 1996 Page 2 employee, not by a motion of the Board. He stated that there is certain information that must remain confidential by the Personnel Records Act and that any policies/procedures adopted by this Board must be consistent with current laws. He also stated any policies/procedures regarding disciplinary action would be subject to collective bargaining. Sergeant Lisa Phillips of the Department's Planning Division was present to discuss her findings. She stated the Board should consider after which model board they would like to pattern themselves: (1) Criminal Trial Model - has subpoena power, holds public hearings, and adheres to strict rules of evidence. She stated many cities surveyed considered this model too time-consuming. (2) Administrative Review Model - resembles a traditional personnel disciplinary procedures. Investigations of complaints are confidential and closed to the public. Mr. McComb stated union representation is automatic regardless of which model is chosen. The Board questioned whether or not an officer's previous disciplinary record could be used. Most boards surveyed consider each case on its own merit. Previous disciplinary records are used only to determine the degree of discipline for the current charge, if the officer is found guilty. Sgt. Phillips was directed by the Board to find out whether or not Denver has had any experiences with the court system regarding any of their Board's procedures and if so, whether or not they have withstood court scrutiny. Sgt. Phillips also stated that whatever model is chosen by the Board, that consideration be given to the training of Board members. She stated some boards require a 24-hour ride along, search and seizure training, pursuit training, defensive tactics, and firearms training. Development of a citizen review board is a tedious and time- consuming process. Great effort should be taken to avoid the downfalls experienced by other cities. She stated the Board should proceed cautiously in redefining, expanding, or initiating a new function of the Board. Board members thanked her for her time and were appreciative of the information provided. This item will remain on the agenda for further discussion. Research Regarding Random Drug Screens Mr. McComb reviewed the current policies and procedures of the Lansing Police Department, the City's "Drug Free Work Place Policy," case law, past collective bargaining efforts, and findings from 16 surveyed agencies around the state regarding their current practices. Copies are attached to the original minutes as a permanent addendum. Commissioner Maxsam questioned whether or not the Lansing Police Department had any provisions for random drug screens or a policy requiring automatic drug screens for transfers into or out of special units. Commissioner Walker suggested the Board should strongly consider adoption of such a policy as employees of the Department are subject to public scrutiny. The general consensus of the Board was to move forward in adopting such a policy. Mr. McComb reminded the Board that any drug/alcohol testing is a mandatory subject of collective bargaining. He stated the only Department in the State to conduct random drug screens is Detroit Police Department. He stated they have a special unit which conducts about 125 tests per week. He stated their program is expensive and time-consuming. The Board thanked Mr. McComb for his time and indicated his research would be helpful to them in their decision-making process. The Board agreed to continue this discussion at its next meetinIZ. Board of Police Conuniswoners Meeting Minutes June 18, 1996 Page 3 PUBLIC COMMENTS Commissioner Person welcomed members of the public and invited them to speak. Lieutenant Joel Maatman and Officer Brian Smitherman stated they were present to observe at this time. Mr. Oldham suggested the Board obtain copies of the policies and procedures from the railroad as they have a zero-tolerance policy for drugs/alcohol. He was supportive of requiring random drug screens for LPD employees. FRATERNAL ORDER OF POLICE No information was presented for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file 17 letters and memorandums of appreciation complimenting officers of the LPD. They noted that the number of complimentary letters outnumbered the complaints. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of May, 1996. Copies are attached to the original minutes as a permanent addendum. DEPARTMENTAL HIGHLIGHTS June 1996: The Board received and placed on file reports of departmental highlights for the month ending May 31, 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Walker was complimentary of the expanded reporting by team areas. He was disappointed with the quality of the map for the south precinct. He expressed an interest to move to a more meaningful reporting system whereby Commissioners would receive information regarding the number of crimes/violations by team areas (i.e. traffic stops, citations, accidents, crime patterns). Chief Boles stated he was unsure if this type of information was currently available but would check on expanding the monthly report for the Board. Traffic Review Board The Board received and placed on file the reports for this reporting period. A copy of the report is attached to the original minutes as a permanent addendum. Communications Department Report The committee received and placed on file the report for this reporting period. A copy is attached as a permanent addendum to the original minutes. Board of Police Commismoners Meeting Minutes June 18, 1996 Page 4 COMMITTEE REPORTS Budget Committee Commissioner Canady commended Lt. Andy George and Jim DeLine of Administrative Services for their work on this year's budget. Awards & Citations Committee Commissioner Porter stated his sub-committee will meet on Tuesday, July 16, 1996, at 10:00 a.m. to discuss recognition and awards. They will meet in room 101 of Olds Central which is located at 419 North Capitol. Human Resources Committee There was no report. Incentives Committee Commissioner Person stated the City approved in this year's budget incentives ($5,000 forgivable loans) to City employees who choose to reside within the City. He stated this incentive does not apply to current City residents. COMMISSIONER'S COMMENTS Commissioner Canady - reminded everyone of the upcoming Sexton Golf Outing. He stated the PAL Golf Outing will the held the first Wednesday after Labor Day. Commissioner Frederick - Absent. Commissioner Maxsam - Nothing further to report. Commissioner Person - The Civilian Police Academy graduation will be held on Thursday night at the South Precinct. Dinner is at 6:00 p.in. and the graduation ceremony begins at 7:00 p.in. Commissioner Porter - Nothing further to report. Commissioner Valdez - Absent. Commissioner Walker - Nothing further to report. ADMINISTRATIVE REPORT Chief Boles stated on June 24, 1996, City Council will consider appointing Patricia Farhat-Reed to the vacant position on this Board. Plans continue for a location for a new North Precinct. The curfew program began last week and several juveniles have been arrested along with one parent for a repeat offender. Board of Police Commissioners Meeting Minutes June 18, 1996 Page 5 OTHER BUSINESS Revised Meeting Schedule Commissioners received a revised meeting schedule for 1996. Copies were also forwarded to the City Clerk's Office and City Council. Future meetings will be held at the South Precinct location for the remainder of the year, except December. The December meeting will be held in the second floor classroom of the main police building. A copy is attached to the original minutes as a permanent addendum. Permission for Patty Luciano to Donate her Award of $500 from the Washington Times Foundation to the Lansing Neighborhood Council Chief Boles highlighted the award and ceremony held in Washington D.C. The Board recognized Officer Luciano for her dedication to community policing and commended her for this generous donation. The request was unanimously approved. The Board asked Ms. Gill to forward a letter of commendation from the Board to Officer Luciano. ADJOURNMENT There being no other business to discuss, the meeting adjourned at BOARD OF POLICE COMMISSIONERS MEETING MINUTES May 21, 1996 Members Present: Others Present: Commissioner James Person, Chairman Jerry Boles, Chief of Police Commissioner Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Commissioner Dave Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Absent: Members of the Public Present: Commissioner Deb Frederick (E) Frankie P. Scott/906 West St Commissioner Armida Valdez Merlene Brooks/906 West St Commissioner Willard Walker (E) Darnell E. Oldham, Sr./3815 Berwick Rainer Delgado/125 Cox Blvd. Lee Taylor/POB 2044 Brenda Patrick/1320 W. St. Joseph Tracy Hampton/1608 W. Washtenaw CALL TO ORDER Commissioner Person noted there was not a quorum to call the meeting to order. Commissioner Person also noted that since members of the public were present, they could provide information to the Board even though no deliberation or other official action could be taken. PUBLIC COMMENTS Darnell Oldham, Sr. Posed questions regarding the Swans' case regarding whether or not Mr. Swans was known to LPD. Questioned the Department's policy for use of psychological evaluations for officers who are repeatedly in trouble. He questioned if such a policy exists, if he could have a copy by the next meeting. Lee Taylor Questioned the lackadaisical attitude of Police Commissioners. Urged the Police Commission to become more involved in disciplinary action against police officers. Questioned whether or not the department was considering random drug screens for police officers. She is concerned for the safety of non-whites in her community. She stated she is sharing information learned from this meeting with at least five other community meetings. She also felt that a one-day diversity training program was not long enough. Tracy Hampton Was concerned with negative responses from Police Commissioners after public comment. Board of Police Commissioners Meeting Minutes May 21, 1996 Page 2 ADMINISTRATIVE REPORT Chief Boles stated after the request of the Board to update diversity training for all LPD personnel, he has been in contact with some local facilitators. He has approached the supervisor's union about the possibility of co-sponsoring this training. He stated no timeframes have been established, but there is typically no training scheduled during the summer months. He will keep the Board appraised of his progress in this regard. Chief Boles announced the Curfew Program as dictated by City Council, will begin on June 19 and randomly run three days per week until Labor Day. Violators will be brought to the South' Precinct. Parks and Recreation will have a representative present to conduct activities in the gym. Gateway Community Services will be available. Parents of second offenders will be cited according to parental responsibility legislation. COMMISSIONER'S COMMENTS Commissioners questioned whether or not they wanted to convene a special meeting to discuss Sergeant Phillips' research. Those in attendance stated they would like to conduct discussion at regular meetings unless the project became more involved. Commissioner Person asked that Sergeant Lisa Phillips be present at the next meeting to review and discuss her research regarding civilian review boards and their imposition of disciplinary action. Chief Boles will make those arrangements. Commissioners commented about the convenience of holding their meetings at the South Precinct. They asked that all future meetings be scheduled for this location. Ms. Gill will check room schedule and make the proper notifications. Commissioner Maxsam requested Chief Boles and Mr. McComb to provide research for the possibility of establishing a random drug screen policy for the Department. He asked that this item be placed on the agenda for discussion at the next meeting. MEETING CANCELLATION NOTICE THE SPECIAL MEETING OF THE BOARD OF POLICE COMI41SSIONERS WHICH WAS SCHEDULED FOR WEDNESDAY, MAY 99 19969 HAS BEEN CANCELED FOR LACK OF A QUORUM. SPECIAL MEETING NOTICE THE BOARD OF POLICE COMMISSIONERS WILL HOLD A SPECIAL MEETING ON WEDNESDAY, MAY 89 19969 AT 5:30 P.M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT. THE PURPOSE OF THIS MEETING WILL BE TO DISCUSS STAFFING, TRAINING, AND POLICIES AND PROCEDURES OF THE LPD DETENTION FACILITY. BOARD OF POLICE COMMISSIONERS SPECIAL MEETING MINUTES ry r'`i 2: 2 v i air. •,r. r`i�';"�� 11I r- L�ti1�J ItiV V1� 1 �/LLlil\ May 1, 1996 Members Present: Others Present: Commissioner Deb Frederick Jerry Boles, Chief of Police Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Vicky Gill, Recording Secretary Commissioner Armida Valdez Captain Jim Cook Absent: Members of the Public Present: Commissioner Lee "Pete" Canady Darnell Oldham, Sr. Commissioner Jim Person Bob Kinnon, Mayor's PCR Committee Commissioner Willard Walker CALL TO ORDER Commissioner Frederick, Chairperson of the Sub-Committee on Procedures, called the meeting to order at 5:40 p.m. She acknowledged members of the public. UNFINISHED BUSINESS Progress of the Other Sub-Committees: Commissioner Maxsam questioned whether or not the other sub-committees for staffing and training were meeting separately from this sub-committee. Other commissioners present shared their understanding that all sub-committees were meeting together. Commissioner Frederick stated tonight's meeting should conclude the review of procedures. She is with the understanding that Commissioner Person is ready with a rough draft for staffing. She is unsure of the progress of Commissioner Walker and Canady for training. She asked that other Board members take that into consideration when preparing their final review of the materials. Review and Discussion of Restraint Techniques and Procedures: Commissioner Frederick stated the committee concluded its last meeting with a demonstration of the restraint chair and associated restraints. She stated the Board was to decide if an additional demonstration of any of the restraint techniques was required. Everyone indicated that after reviewing the research material, no further demonstration was necessary. Research materials led the Board to conclude that positioning of an individual appears to be a contributing factor, especially when the restraint involves the elderly, anyone with a history of drug or alcohol abuse, obesity, and/or physical exhaustion. Recognizing that placement is a risk-factor, the Board discussed reasonable alternatives. There was discussion about the amount of information readily available to officers through the LEIN system. Chief Boles explained that officers have access to driver's license, vehicle registration, personal protection orders, and wanted/missing person information through the LEIN system. He stated information now known Board of Police Commissioners Special Meeting Minutes May 1, 1996 Page 2 about Mr. Swans' background was only available to officers after-the-fact. He stated medical and psychological background information is confidential and for that reason is not accessible to law enforcement officer or included in the LEIN system. Chief Boles cautioned the Board not to completely suspend the use of restraints. He stated there is inconclusive evidence that there are alternative products available on the market. He stated Mr. Swans was the first individual personnel have been unable to secure in the restraint chair and suggested there may be someone in the future who may also be difficult to restrain. The Board suggested: (1) there may be a need for increased staffing on shifts which have traditionally encountered the greater number of unruly individuals; (2) create a back-up plan in the rare case that the restraint chair cannot be used; (3) reposition the restraint chairs to a more accessible location; (4) increase the monitoring time of a restrained individual; and (5) upgrade video system to allow for continuous videotaping. Training Issues: Commissioner Frederick noted that employees received suicide prevention training. Mr. McComb stated personnel receive training on how to recognize risk factors as well as certain types of behavior often associated with suicide. She questioned whether or not personnel receive any training for dealing with any other mental health-related issues. Captain Cook stated detention personnel are only receive the criteria to possibly recognize other mental health problems. Commissioner Frederick suggested it may be warranted to train detention personnel in calming techniques for those individuals who are just angry rather than making them more angry by applying restraints. She recognizes that there will be individuals (i.e. under the influence or mentally ill) whereby logic does not work and feels detention personnel should have the restraint options available in such situations. She questioned whether or not the department had access to mental health professionals to assist with this type of training. Mr. McComb stated the Department utilizes the services of Dr. Gallagher for pre-employment evaluation of officers and he assisted with the suicide prevention training. Commissioner Frederick stated the Board has already begun to question diversity training and feels this should be part of the Board's recommendation for training. The Board felt personnel should at least be trained to recognize risk factors (i.e. age, obesity, prior mental health history). DETENTION WALK-THROUGH Captain Jim Cook directed Commissioners to the detention facility on the third floor. He explained to Commissioners his recommendations to the Chief regarding renovations to the detention facility. He reviewed several options with commissioners. He stated if the current video arraignment room becomes the restraint location, three chairs could easily be bolted to the Board of Police Commissioners Special Meeting Minutes May 1, 1996 Page 3 floor; detention personnel would have a clear view of the area; video equipment is already installed to assist personnel in monitoring individuals. He stated if this option is taken, the video arraignment room would have to be relocated to the old shower area which would require the removal of a wall. He stated this is the most expensive option, but probably the most ideal. He reviewed the location of proposed video equipment which would allow for continuous monitoring and taping. Captain Cook stated he has already begun costing the projects so that bids could be let as soon as the Board makes its recommendations to the Mayor. Cost are approximately $62,500 for video equipment; a minimum of $15,000 for physical plant renovations; and $1,500 for a third restraint chair. He cautioned the Board that this is a lock-up and not a jail. PUBLIC COMMENTS Mr. Oldham Questioned whether or not the Board had actually viewed the videotape of Mr. Swans' restraint. He questioned whether or not Mr. Swans was known to LPD arresting and detention officers and the number of times Mr. Swans had been in previous contact with LPD. He is still having difficulty in understanding the death of Mr. Swans. Mr. Kinnon Stated he was present to update the Board on the PCR's progress in the review of the raid of the Latino Club. He stated the PCR typically meets on the second Tuesday of each month at 7:00 p.m. on the tenth floor of City Hall. He invited members of this Board to attend their meetings. He stated questions for their special meetings have been assimilated and forwarded to the prosecuting attorney for review. He stated the committee's schedule has been altered to allow the prosecutor time to respond to the committee's choice of questions. He stated the first special meeting to discuss the raid would be held on Saturday, May 11, 1996, from 9:00 a.m. until 3:00 p.m. at Cristo Rey. He stated meetings are planned and publicized so as to exhibit an air of openness in an effort to rebuild trust within the community. Board of Police Commissioners Special Meeting Minutes May 1, 1996 Page 4 REPORT TO MAYOR Commissioner Frederick stated Board members will be travelling to Ann Arbor tomorrow and should begin to discuss how and when the report will be written. Everyone was hopeful to have the first draft ready for the May 8, 1996, meeting. They recognized that the Board may have to meet again before that date. Captain Cook stated his final recommendations to the Chief should be completed by tomorrow and he would make that report available to the Board to use as a starting point since his report included most of the Board's recommendations thus far. OTHER BUSINESS Open House- South Precinct Chief Boles stated there will be an open house for the South Precinct on Wednesday, May 22, 1996, from 6:00 p.m. to 8:00 p.m. He encouraged everyone to attend. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:11 p.m. SPECIAL MEETING NOTICE THE BOARD OF POLICE COMMISSIONERS WILL HOLD A SPECIAL MEETING ON WEDNESDAY, MAY 19 19969 AT 5:30 P.M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT. THE PURPOSE OF THIS MEETING WILL BE TO DISCUSS STAFFING, TRAINING, AND POLICIES AND PROCEDURES OF THE LPD :Zz DETENTION FACILITY. ca :7-1 BOARD OF POLICE COMMISSIO,.ERS SPECIAL MEETING MINUTES APRIL 24, 1996 Members Present: Others Present: J 2- 20 Commissioner James Person Jim Cook, Police Captain' Commissioner Deb Frederick Vicky Gill, Recording,,Secretiry; i;!rP� ( Commissioner Grady Porter Paul McComb, Lega-1' Advisor Commissioner Armida Valdez Kim Lawrence, Police Sergeant Absent: Members of the Public Present: Commissioner Lee "Pete" Canady Mr. R. L. Harris Commissioner Dave Maxsam Ms. Lee Taylor Commissioner Willard Walker Ms. Tracy Hampton CALL TO ORDER Commissioner Frederick, Chairperson for the Sub-Committee on Procedures, called the special meeting to order at 5:35 p.m. UNFINISHED BUSINESS Tour of Washtenaw County Jail Facilities Commissioner Person stated he has made arrangements for interested Board members to tour the Washtenaw County Jail on Thursday, May 2, 1996. He stated the group will meet at the Frandor Shopping Center at 8:30 a.m. From there they will travel to 2201 Hogsback Road, in Ann Arbor to the Wastenaw County Jail. Commissioner Person will notify absent Board members of these arrangements. Commissioner Person asked Ms. Gill to make arrangements to use a City van. Review of the Materials to Date Commissioner Frederick questioned Board members if there was any material or other information needed by anyone to facilitate the Mayor's charge. She questioned whether or not anyone had any comments or questions regarding their review of the Swans case when compared to the policies and procedures that were in place. There was some discussion regarding the lack of videotape. Concern was expressed about the lack of movement from Mr. Swans on the videotape after the restraint was applied. It was noted that however unfortunate, the lack of a more inclusive videotape could not be changed, nor could it be recreated. It was noted that Commissioners would have to draw conclusions and reach a consensus based on the information available in the reports. The group concluded: (1) there was clearly a lack of resources available to the Police Department for assisting with the chronic mentally ill individuals in our community; (2) they are concerned about the departmental infection control policies which encourage employees to clean/wash immediately following exposure to bodily fluids in comparison to the amount of time Mr. Swans was left in his own urine; (3) they are concerned about the position in which Mr. Swans' was left in the cell; (4) they are concerned about the period of time that elapsed without monitoring or observation of Mr. Swans; and (5) they are concerned about the restraint chair not being in a more manageable area. Board of Police Comn..;sioners Special Meeting Minutes April 24, 1996 Page 2 Audiotape of Mr. Siddle Sergeant Kim Lawrence of the Lansing Police Department's Internal Affairs Unit played the audiotape of Mr. Siddle. The tape was an explanation of Mr. Siddle's research and his opinion on the sudden custody death theory. When discussing the differences in the two theories presented on the tape, Sergeant explained that there was no OC (pepper spray) and no neck restraint utilized in Mr. Swans case. There was discussion regarding OC, pepper spray, and mace and whether or not those products were available to detention employees. Sergeant Lawrence stated OC is available, but it is often ineffective on agitated people as well as harmful to detention personnel when used in such close quarters. Everyone agreed that the experts differed in opinions and there was no real consensus. Dissemination of Research Materials: Mr. McComb cautioned the Board that research materials distributed tonight have been subpoenaed in the Swans trial and encouraged members not to release or disclose the information until Judge Enslen (Kalamazoo) has ruled on the duces tecum subpoena. Research material was provided to Board members to read prior to the next meeting in an effort to answer their questions about the differences between hogtying and the restraint technique used on Mr. Swans. If after reading this material commissioners with additional questions or concerns about restraints, were encouraged to call either Ms. Gill, Mr. McComb or Captain Cook to make arrangement for a further demonstration of restraints at the next meeting. Restraint Demonstration Captain Jim Cook demonstrated the belly chain, handcuffs, padlocks, and restraint chair. Mr. McComb stated the department currently has two restraint chairs and the kickstrap was purchased as a backup to the chairs. There was some discussion about the difficulty encountered when attempting to get Mr. Swans into the restraint chair. There were some questions about the numbers of persons per year that are restrained and the number of those restraints that require the use of the chair. When questioned about the location of the chair, Captain Cook suggested the Board may want to tour the detention facility during the next meeting to better understand the chair's location and recommended physical plant renovations. Captain Cook also explained the differences between a lock-up and a jail. He stated individuals can only be held in our facility (a lock-up) for a period not to exceed 72 hours. Jails can house prisoners for up to one year and fall under the purview of the Department of Corrections. Commissioners discussed improvements and renovations made to the facility since the late 50's as well as the purposes for those changes. PUBLIC COMMENTS Alberta Jordan Explained that she is still having difficulty understanding why Mr. Swans died. She expressed her concern about action needed to prevent this from reoccurring. Board of Police Conut.,ssioners Special Meeting Minutes April 24, 1996 Page 3 OTHER BUSINESS Commissioners discussed the three sub-committees and their agreement to meet jointly. Procedures - Commissioners Frederick, Maxsam, and Porter Staffing - Commissioners Person and Valdez Training - Commissioners Walker and Canady Each sub-committee was encouraged to provide any preliminary reports to Ms. Gill at their earliest convenience so that a rough draft of the final report to the Mayor can be completed by the May 8, 1996, meeting. CONCLUSIONS • Commissioners will review the research material on restraints and prepare any questions for the next meeting. 0 Further explanation/demonstration of restraints used on Mr. Swans, if requested during the week. • Training discussion & clarification of codes and abbreviations ADJOURNMENT Commissioner Person requested an excused absence for next Wednesday night's meeting. There being no other business to discuss, the meeting adjourned at 7:34 p.m. SPECIAL MEETING NOTICE THE BOARD OF POLICE COMMISSIONERS WILL HOLD A SPECIAL MEETING ON WEDNESDAY, APRIL 24, 19969 AT 5:30 P.M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT. THE PURPOSE OF THIS MEETING WILL BE TO DISCUSS STAFFING, TRAINING, AND POLICIES AND PROCEDURES OF THE LPD DETENTION FACILITY. BOARD OF POLICE COMMISSIOi-4ERS SPECIAL MEETING TO DISCUSS PROCEDURES MINUTES April 17, 1996 Members Present: Others Present: Commissioner Deb Frederick David Sinclair, Assistant' idf;!� ia1 / GL ERr'{ Commissioner James Person Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Armida Valdez Commissioner Willard Walker Absent: Members of the Public Present: Commissioner Lee "Pete" Canady None Invited Guests: City Attorney Jim Smiertka Captain James Cook Sergeant Kim Lawrence CALL TO ORDER Commissioner Frederick, Sub-Committee Chairperson for Procedures, called the meeting to order at 5:35 p.m. after having established a quorum to conduct business. MINUTES OF THE PREVIOUS MEETING Minutes on last Wednesday's meeting were unavailable for tonight's meeting. Tabled until the next meeting. PLAYING OF THE DETENTION VIDEOTAPE Sergeant Kim Lawrence played and narrated the videotape of Mr. Swans being restrained in the detention facility of the Lansing Police Department. He answered questions and identified detention officers to Board members as requested. CLARIFICATION OF THE MAYOR'S CHARGE City Attorney Jim Smiertka was present to answer the Board's questions regarding their role in this assignment. Mr. Smiertka reviewed the Board's powers under the City Charter and reiterated the Mayor's charge to the Board in the Swans case. He also informed the Board of a pending civil suit, civil rights suit, and an open FBI investigation of this case. He suggested that while the Board has the power to investigate, subpoena witnesses and take statements, as the City's legal council, he would suggest that they adhere to the Mayor's charge to review and make recommendations on (1) staffing, (2) training and (3) procedures. He suggested that the Board may want to postpone any actual investigation of this case until after the depositions have been taken in the pending lawsuits. He indicated those depositions may be available to the Board provided there is no suppression order attached to the case. He informed the Board that the Federal Judge hearing the case will be Judge Enslen. Judge Enslen represents the Western District of Michigan and is located in Kalamazoo. The Board asked for guidance on how to Board of Police Comnussioners Special Meeting Minutes April 17, 1996 Page 2 present this course of action to the public so as not to reflect badly on the Board. Attorney Smiertka recommended the Board fulfill the Mayor's charge in the least intrusive manner at this time. He stated that the Board can reserve the right to perform a more in depth probe into this case after the depositions have been taken in the case. Commissioner Frederick questioned whether or not any recommendations made by the Board in the areas of staffing, training, or procedures might be used against the City by the plaintiff's attorneys. Attorney Smiertka explained the rules of the court in this regard. He encouraged the Board to make any recommendations for improving the system that they deemed necessary during their review of this case. Commissioner Walker felt reasonably sure the public would be more concerned with the public's charge to fully investigate this case rather than the Mayor's charge to review policies and procedures. He suggested the City take responsibility for notifying the public of the Board's charge from the Mayor. The consensus of the Board will be to look at its role and begin redefining that role to promote a more proactive approach to handling certain types of cases (i.e. high profile cases). At the last evening's meeting, Commissioner Maxsam proposed and the Board concurred that the Board become involved in the review and imposition of disciplinary action in cases involving racial, gender and religious discrimination. There was considerable discussion about "good faith" bargaining with the labor unions in any policy changes regarding discipline. Commissioner Person noted this will be an ongoing agenda item at the regular Board meetings until a consensus is reached on how to accomplish this goal. Commissioner Maxsam stated this direction would be more in line with the Mayor's immediate focus of eliminating any form of discrimination. Commissioner Walker acknowledged that with the community policing philosophy invoked since Chief Boles' arrival, reorganization of the department, and the split of the north and south precincts, timing was good. He felt the action taken by the Department thus far was to ensure officers would be more assessable to the public and this is the direction the Board would like to proceed. He felt it was the Board's responsibility to respond to the City's new vision. He stated the Board has the opportunity to impact its perception and assume some responsibility for what happens within the Department. Commissioner Frederick felt regardless.of the outcome of the Swans case, the Board needed to be concerned with the perception of LPD by the public. The Board was adamant about getting the message out that certain types of behavior would simply not be condoned or tolerated. All Board members indicated a willingness to proceed in the direction of redefining their role. There was some discussion about an officer's freedom of speech and the impact such act(s) might have on the Department. Attorney Smiertka elaborated on the courts redefining the rights of public employees to speak to the media and explained the City's position in the particular case in question. Commissioner Maxsam felt strongly that public comments made by Sergeant Szilagyi were untimely and unwarranted. Board of Police Con mussioners Special Meeting Minutes April 17, 1996 Page 3 PROCEDURES Commissioner Frederick stated at the last meeting each member was invited to read a copy of the Swans case. She questioned whether or not anyone had any recommendations for procedural changes. Commissioner Walker stated he needed clarification on the training materials received. He indicated there were too many abbreviations and he wanted clarification for he and Commissioner Canady regarding their role in reviewing training for detention personnel. Commissioner Walker asked for clarification of the department's definition of hogtying. He felt uncomfortable with this practice, but understood why it should happen in some cases. He questioned whether or not there were other incidents around the country of sudden death resulting from hogtying. He questioned whether or not someone could explain and demonstrate the restraints used in the Swans case. The Board asked if someone from outside the organization could be used as a resource person. Commissioner Person suggested members read Mr. Siddle's statement. The Board questioned whether or not Administration could arrange for a conference call with Mr. Siddle. Mr. McComb suggested listening to the audiotape may be more effective than just reading Mr. Siddle's statement and afterwards, if there are any more questions, possibly arranging a conference call with Mr. Siddle. The Board concurred. Commissioner Maxsam stated that while Mr. Swans' restraint was not technically called hogtying, he felt placing an individual in such a position would cause a medical reaction the Department was not equipped enough to handle. He questioned what action has been taken to date to prevent this type of incident from happening to another individual. Mr. McComb stated when Captain Jim Cook was transferred into the detention facility after this incident, he made several recommendations which have already been implemented. A restraint memo now instructs detention officers to request additional personnel (from the street if necessary) to place an individual in the restraint chair. Detention personnel have been given more flexibility to move the restraint chair into an area with more work space rather than a cell. Commissioner Porter questioned the number of uncontrollable prisoners per year. Captain Cook stated there were several 100 uses of restraints used over the last few years, he could not remember the exact number that apply to the use of the restraint chair. Captain Cook also reported there were some memorandums which prohibit placing individuals on their backs while some prohibit placing them on their stomachs. He has instructed detention personnel to use the restraint chair. Commissioner Maxsam suggested the Department consider continuous supervision or at least increase the observation time from every 15 minutes to every 5 minutes. The Board concurred. Commissioner Frederick noted the lack of documentation (i.e. who is responsible for turning on the videotape, at what point the video recorder was to be turned on, etc). She felt the videotape should be automatic. Mr. McComb explained the history of the Board of Police Commissioners Special Meeting Minutes April 17, 1996 Page 4 videotape equipment. He stated the company which was awarded the bid for the new monitoring system (1992/3) recommended larger monitors for continuous use. They recommended camera placement at either end of the hall so detention officers could watch all escorts into and out of the jail thereby making it easier for detention officers to provide assistance whenever necessary. Because our jail was so small, at the time of installation it was determined that only one camera was needed in the hallway. So one camera was strategically placed to capture the booking area. The tape recorder was added after the new system was installed. Mr. McComb stated all available guidelines indicate eye-to-eye contact is best for suicide prevention and that is why jails are now designed in pod-configurations. Since the primary use of taping was for detection or introduction of contraband into the cells, time-lapse taping was not recommended over continuous 24 hour taping. He stated the detention officers were given the flexibility of turning on the video equipment whenever there was a prisoner causing problems. Commissioner Frederick questioned why someone was not assigned to turn the video equipment on immediately. Mr. McComb stated the Department's first obligation is to assist the person in custody. He stated there is no policy on when or when not to activate the camera. Commissioner Maxsam stated it would have been helpful in this case to know what cause the problem in the first place. He stated the portion of the incident captured on video does not demonstrate to the Board that Mr. Swans as a problem. The Board concurred there needs to be some type of video system in place to protect everyone involved. CONCLUSIONS The Board agreed that next week's agenda would include: • Continued review of Policies and Procedures; • Listen to the Audiotape of Mr. Siddle; • Have someone from the Department explain and demonstrate the restraints used in the Swans case; and • Have someone from the Department review and clarify the training material disseminated to the Board. Chief Sinclair suggested Lt. George might be the better resource person for demonstrating the restraint devices used by the Department. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:25 p.m. SPECIAL MEETING NOTICE A SUB-COMMITTEE OF THE BOARD OF POLICE COMMISSIONERS WILL MEET ON WEDNESDAY, APRIL 17, 1996, AT 5:30 P. M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT. THE PURPOSE OF THIS MEETING WILL BE TO DISCUSS POLICIES AND PROCEDURES OF THE LPD DETENTION FACILITY. BOARD OF POLICE COMMISSIONERS MEETING MINUTES " April 16, 1996 Members Present: Others Presen��''- ;.,.3 CI('( i;L rF, Commissioner James Person, Chairman Jerry Boles, Chief of Police Commissioner Deb Frederick Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Armida Valdez Absent: Members of the Public Present Commissioner Lee "Pete" Canady (E) Mr. Darnell Oldham, Sr. Commissioner Willard Walker (A) CALL TO ORDER Mr. Person called the meeting to order at 5:32 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA 1. Chief Boles asked to add Personal Protection Orders for discussion under the Administrative Report. Committee agreed. 2. Commissioner Maxsam asked to add (1) Re-review the Board's role in investigating alleged or overt action(s) of racial discrimination; and (2) Re-review the Board's role in imposing disciplinary action for these infractions. Commissioner Maxsam stated he would like to discuss these issues under Commissioner Comments. Chairman Person asked that this type of discussion be limited to the regular Board meetings and not the special meetings scheduled to discuss the Mayor's charge of reviewing staffing, training and policies and procedures in the detention area. Committee agreed. MINUTES APPROVAL Minutes from the March 19, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS New Employee Handbook - Several Commissioners expressed their thankfulness that the manual was written in simple language making it easier for everyone to understand. They also acknowledged its thoroughness. Chief Boles stated there were still three policies (promotions, FTO program and medical examinations) which were pending and would be presented to the Board at a later date for inclusion in this manual. He asked, due to the number of new hires, that the Board approve the policies and procedures tonight for dissemination as soon as possible Board of Police Commissioners Meeting Minutes April 16, 1996 Page 2 to those new hires. Commissioner Frederick asked for assurance that any changes the Board may want to make after its discussion of the topics added by Commissioner Maxsam tonight, be added to the manual. Chief Boles stated the Board can modify and/or add policies as they see fit. There was a motion made and properly seconded that the New Employee Handbook be approved as presented. The motion carried. Diversity Training - Chief Boles stated he was with the understanding that the Board requested statistics on the Department's diversity training. He presented a memorandum from Lieutenant Underhill of the Human Resources Department; a copy is attached to the original minutes as a permanent addendum. Chief Boles stated the low numbers of employees trained in 1995 was attributed to low staffing levels. Commissioner Person noted that detention officers were required to have diversity training beginning in 1993. So the Board would understand the history of diversity training at the Lansing Police Department, Chief Boles stated Detroit Police Department originally received a grant to perform diversity training. At that time they were unable to develop an acceptable curriculum and the Lansing Community College (LCC) was contacted to fulfill the grant's requirements. LCC developed a rigorous curriculum and invited a team of experts from around the State to participate in this training program. The Lansing Police Department was invited to participate and every LPD employee attended this training. Shortly after this program, the State began its requirement of mandatory diversity training for all police officers. Commissioner Maxsam questioned if the Department had a list or access to information on which employees have not received diversity training. Chief Boles stated we have hired about five or six officers from other states who have may or may not have received this training. Chief Boles will have our Human Resources Department compile those statistics for the Board's next meeting. Commissioner Maxsam also suggested that the Department develop a refresher course of 8 to 12 hours for all employees. Commissioner Person suggested this recommendation should be included in the Board's report to the Mayor for changes in the area of training. Commissioner Frederick felt strongly that LPD employees receive diversity training from the hiring agency (LPD) so that the Department's philosophy about diversity is enforced with new hires. PUBLIC COMMENTS Mr. Oldham stated that he has been following the Swans' case and was present tonight to observe. He asked if he could reserve his comments/questions until after tonight's discussion. Chairman Person agreed with Mr. Oldham's request. FRATERNAL ORDER OF POLICE No representative was present and no information was forwarded for the Board's consideration. Board of Police Commissioners Meeting Minutes April 16, 1996 Page 3 COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file six letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of March 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Frederick noted that when the Board re-reviews its role in investigating and possibly imposing disciplinary action, the Board may require more information on this report than currently is being provided. She stated she would like to see a brief summary of each complaint so that the Board may determine if additional investigation and/or action is warranted. Commissioner Maxsam also felt the Board did not have enough access to Internal Affairs information. He referenced the Elliott-Larson Act regarding discrimination and stated the Board has a reponsibility in this regard. Chief Boles stated the department operates under the same law. DEPARTMENTAL HIGHLIGHTS March 1996: Due to the secretary's vacation and departmental report timing, highlights for the month were unavailable. The March and April reports will be combined and presented at the April meeting. Traffic Review Board This report was unavailable. Communications Department Report The committee received and placed on file the report for this reporting period. A copy is attached as a permanent addendum to the original minutes. COMMITTEE REPORTS Budget Committee In Commissioner Canady's absence, Chief Boles stated City Council's budget hearings are underway. They will be meeting on Thursdays from 3:00 p.m. until 6:00 p.m. in Council chambers. He stated the Capital Improvements Budget will be discussed this Thursday and stated the meeting will be open to the public. He encouraged Board members to attend. He Board of Police Commissioners Meeting Minutes April 16, 1996 Page 4 stated the Department is proposing a combined police and fire 800mhz radio system in this part of the budget. He stated the Departmental budget will be presented on Thursday, April 25, 1996, from 3:00 p.m. until 6:00 p.m. and this meeting will also be opened to the public as well as televised. He stated agendas for these meetings should be available at the City Clerk's Office or the City Council Office. Chief Boles stated he will obtain these agendas and provide copies to each Board member. He stated the fina budget vote will be on Monday, May 20, 1996. Commissioner Maxsam questioned whether or not any recommendation(s) made by this Board for jail renovations would be considered in this year's budget. Chief Boles stated most capital improvements are normally acted on about 18 months after approval. He stated the Mayor has indicated he will act more quickly on any recommended jail improvements. Awards & Citations Committee Commissioner Porter continues working with Sergeant Ventre, Human Resources Department, on this project. He stated this committee will be meeting in July and welcomed other members of the Board to volunteer to participate in this committee. He stated the Awards ceremonies are scheduled for September 18, 1996. He encouraged everyone to attend. Human Resources Committee Report tabled in Commissioner Walker's absence. Incentives Committee Commissioner Valdez said she had nothing new to report at this time. Chief Boles stated the Mayor has a proposal for funding in this year's budget to create an incentive program for all City employees. He was with the understanding the proposal included monies for down payments on homes within the City for employees who would move into the City and guarantee to live there for at minimum of five years. He believes there is funding in the Mayor's proposal for 20 purchases the first year. He is committed to encourage an increased number of employees to reside within the City. Sub-Committee Report on the Mayor's Charge Commissioner Frederick stated at last Wednesday's meeting, Board members present decided all Board members would be present to discuss all three of the Mayor's charges: (1) Procedures; (2) Staffing; and (3) Training. She stated at their last meeting, they established the process on how to handle the Board's investigation. The Board will meet on Wednesday evenings at 5:30 p.m. They will have a draft of their report ready by May 6, 1996. Tomorrow night they will re-review the video tape of the Swans' incident. Chief Boles stated because of the action taken at the last Special meeting, each Board member has been given an information packet tonight (as instructed by Chairman Person) regarding Staffing, Training, and Procedures for the Detention Area. He stated City Attorney, Jim Smiertka, will also be attending tomorrow Board of Police Commissioners Meeting Minutes April 16, 1996 Page 5 night's meeting. He encouraged Board members to prepare any questions they may have for Attorney Smiertka tomorrow night. Commissioner Person stated he plans to reserve the City's van for an on-site inspection of the Shiawassee County's jail facilities. He will be calling Board members individually to set up examination of that facility. He stated Shiawassee's jail is a newer, more modern facility and the Board may be able to make more viable recommendations based on their findings. Commissioner Porter stated he read in the newspaper that the FBI was conducting an investigation on the Swans' case. He questioned whether or not the Board was in conflict with that investigation. Chief Boles stated yes there was an ongoing FBI investigation. In his conversations with the City Attorney have indicated no conflict as long as the Board adheres to Mayor's charge. He stated Attorney Smiertka would be present at tomorrow night's meeting to further discuss. COMMISSIONER'S COMMENTS Commissioner Canady - Absent from tonight's meeting. Commissioner Frederick - No additional comments. Commissioner Maxsam - Made two recommendations: (1) Commissioner Maxsam stated because of the Swans' incident, Mr. Bell's death, the fax to the South Precinct, the raid at the Latino Club, an LPD Sergeant speaking out-of- turn, and the fact that the Board has traditionally taken a laid-back attitude towards discipline, he recommended that the Board begin discussing its role as it pertains to the investigation of cases involving race, gender and religious discrimination. He felt the Board should be able to personally investigate and impose disciplinary action against officers involved in these types of cases. Mr. McComb gave the Board the history of the City's Charter and the past role of the Board. He stated the Board may act as the final authority for imposing or reviewing disciplinary action consistent with law and contract. He stated the Charter did grant the Board the power of subpeona witnesses and administer oaths but it gave no contempt powers. He stated that the Board may have to go to court to have any subpeonas enforced and there are judges within the City who would support the Board's power of subpeona and some who would not. He cautioned the Board to act reasonablly as disciplinary and labor laws are unique in that all parties are required to participate in the arbitration process and prove "just cause" for any disciplinary action imposed. He stated discipline is a mandatory topic in bargaining. He stated labor unions must be provided an opportunity for "good faith" bargaining with the Board. He cautioned the Board about the inconsistencies of discipline and the fact that they cannot pick and choose which cases they want to investigate and impose discipline. Board of Police Commissioners Meeting Minutes April 16, 1996 Page 6 He stated that because the Board has the right to implement any procedures they choose, that they should write such a procedure in great detail and are required to place each employee "on notice." He stated this process is time-consuming and would require a great commitment on the part of each Board member. He stated that if a disciplinary hearing is scheduled and the Board has no quorum to conduct business, he is unsure what effect that would have on the case. The Board questioned whether or not they could be sued. Mr. McComb stated they could, but Board members are Officers of the City, and provided the lawsuit was related to their scope of responsibilities, the City would provide legal council for them. Commissioner Maxsam indicated the Board understands the restraints of such an undertaking, but also sees the opportunity to increase their power and to abolish the public's perception of the Board as "rubber-stamping" issues. He stated this Board does not want the reputation of rubber-stamping issues. Commissioner Maxsam stated he has spoken with Commissioner Canady and knows he is in agreement with this direction. Chief Boles stated Commissioner Walker has also expressed concern toward this goal, but realizes the amount of time and commitment involved. There was a consensus that the Board would proceed in this direction. Chief Boles assured the Board that their concerns were similar to those of other departments around the country. He stated this Board is truly unique in terms of its formation, powers and processes afforded by the City's Charter. The Board asked Chief Boles and the LPD to serve as a resource to the Board to gather information regarding internal investigations and imposition of disciplinary action by a civilian Board. Chief Boles stated he will begin the research and have a broad perspective report available for the next meeting. Commissioner Maxsam wanted to assure the community as well as LPD employees that certain types of behavior will not be condoned by this Board. He felt a much stronger stance by this Board was warranted. (2) Commissioner Maxsam wanted to follow-up on Commissioner Walker's recommendation to change the meeting location. He suggested the possibility of holding meetings at the new South Precinct. He stated parking is much better and felt the facility was more accessible to the community. After discussion, the Board agreed to hold every other meeting at the South Precinct, beginning with the May meeting. Ms. Gill will reserve the South Precinct's meeting room and notify Board members as well as the City Clerk's Office. Commissioner Maxsam questioned whether or not the I-Bulletin faxed to the South Precinct had been investigated, the outcome of that investigation, and whether or not the investigation had been dropped. Chief Boles stated the investigation was ongoing. He stated the timeframe for the fax has been determined to have been between 2:00 p.m. and 5:00 p.m.. Investigators are concluding their interviews with employees working during Board of Police Commissioners Meeting Minutes April 16, 1996 Page 7 that timeframe. Commissioner Maxsam questioned why there was no public response from the black officer's organization after Sergeant Szilagyi's public comments regarding reverse discrimination. Chief Boles stated he met with Officer Ed Forrest, representative of the black officer's organization, over the Easter weekend and asked him to wait until the Mayor returned to town and in hopes of gathering additional groups to offer support to the black officers. He stated when the Mayor returned to town on Monday a press conference was held with not only the Mayor, but himself, Officer Forrest, a representative from the hispanic officer's organization, a representative from Women Police in Michigan (WPM), and the president and trustee of two sworn officer unions. Chief Boles stated he is scheduled to meet with Officer Forrest again tomorrow at 11:00 a.m. Commissioner Maxsam questioned if this issue was dropped at this point. Chief Boles stated he has reviewed some Freedom of Speech issues with the City Attorney but he has not taken any disciplinary action at this point based that advice. Chief Boles will provide copies of that information to Board members at the next regular meeting_ He stated he believes this to be a case of superficial press coverage of a very complex issue. Commissioner Person - No additional comments. Commissioner Porter - Questioned the Department's role is disposal of surplus equipment which was sent to England. Chief Boles stated the equipment Commissioner Porter questioned was most likely out-of-date safety vests. Chief Boles stated department vests have a five-year life expectancy and they are on a five-year replacement schedule. He stated out-of-date vests are forwarded to the City's Purchasing Department for disposal according to the City's guidelines for disposal of City property. Commissioner Valdez - No additional comments. Commissioner Walker - Absent from tonight's meeting. ADMINISTRATIVE REPORT Chief Boles stated either he, Assistant Chief Sinclair, Captain Jim Cook, or Paul McComb (Legal Advisor) would be present to provide administrative assistance at the Board's special meetings scheduled from April 17, to May 8, 1996. He also stated the law for personal protection orders changed on April 1, 1996. He disseminated a copy of the department's new operational procedure regarding this change. Board of Police Commissioners Meeting Minutes April 16, 1996 Page 8 OTHER BUSINESS There was no other business to come before the Board. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 7:15 p.m. t3OARD OF POLICE COMMISSIOI.�RS SPECIAL MEETING MINUTES APRIL 10, 1996 Members Present: Others Present: Commissioner Deb Frederick Jerry Boles, Chief of-Police 2: 6 Commissioner Lee "Pete" Canady Captain Jim Cook Commissioner David Maxsam L ':i; ''".3 C! I i CLERli Commissioner Grady Porter Commissioner Armida Valdez Commissioner Willard Walker Absent: Members of the Public Present: Commissioner Jim Person (E) John Stafford Darnell Oldham, Sr. Tracy Hampton Art Walker CALL TO ORDER Commissioner Frederick, Chairperson for the Sub-Committee to Review Procedures, called the meeting to order at 5:35 p.m. She introduced everyone present and thanked them for attending the meeting. REVIEW OF MAYOR'S CHARGE Commissioner Frederick reiterated the Mayor's charge to the Board and offered her perception of how to accomplish that charge. She felt the Board should review the polices and procedures currently in place for handling a situation such as this, review compliance with these procedures, and develop recommendations to the Mayor. Commissioner Maxsam stated his review of the City Charter, he learned the Board is empowered with investigatory and subpoena powers as well as the final authority for all disciplinary actions. He suggested that if any wrongdoing is found, the Board will become more involved in this case than just answering the Mayor's charge. The Board agreed that if any inpriorities are found, the Board will more closely examined this case. REVIEW OF BOARD'S PROGRESS IN THE INVESTIGATION TO DATE Commissioner Frederick stated to date each member has had the following opportunities: • reviewed the videotape • had a jail tour • been given a copy of the 600+ pages of investigative reports • been given a copy of the policies & procedures for the detention area Each Board member committed to read the investigative reports by the next meeting and have any questions prepared for discussion. Commissioner Maxsam stated he has not yet viewed the videotape. He expressed some concern about the missing minutes on the videotape. He questioned whether or not the Board would recommend a different video system and/or alter the procedure to mandate someone be Board of Police Commissioners Special Meeting Minutes April 10, 1996 Page 2 responsible for turning on the videotape as soon as a prisoner enters the booking area. The Board concurred that someone needed to be accountable for this function. Chief Boles reiterated that with the current system monitoring of the back cells is lost whenever the booking area is videotaped. Until a new video system can be purchased, the Board concurred that as an interim solution the videotape should be turned on in the booking area whenever any struggle occurs. ADDITIONAL INFORMATION/RESOURCES REQUIRED FOR INVESTIGATION Commissioner Frederick questioned the Department's alternative for dealing with individuals with chronic mental health problems (alternative placement vs arrest). She questioned whether or not the Department has a contract with a mental health provider. Chief Boles stated State Law provides for petitions and detainers whereby individuals can be committed for a 48-hour period provided (1) they are unable to care for themselves; and (2) if they pose a danger to themselves or others. He explained the mere fact that someone is combative does not fit the criteria for commitment. Mental health facilities must perform an evaluation prior to accepting any individual under these guidelines and that process is sometimes delayed if an individual is intoxicated. Commissioner Frederick also questioned whether or not detention officers had information on Mr. Swans' mental history at the time of the arrest. Chief Boles stated that information was unavailable to them at that time; it was only learned during the investigation of this case. The Board felt this type of information would be helpful to detention personnel and questioned the legality of releasing and/or sharing of such confidential information. There was some discussion on the types and methods of restraints used by detention personnel. Reference was made to a memorandum regarding prohibiting hogtying issued to detention personnel by Lt. Webster on April 6, 1995. Chief Boles stated Lt. Webster had information at that time which suggested that attaching an individuals hands to his/her feet may be detrimental and he just wanted to ensure that his personnel did not use restraints in this manner. He stated restraints in the Swans incident were attached at the waist. The Board indicated an interest in learning more about restraints authorized and/or use by the Department. Chief Boles suggested defensive tactics used by patrol and detention personnel may be an area the Board might want to receive a demonstration or additional information. COMMENTS/ADDITIONAL ISSUES Several Board members questioned the lack of information currently being presented from the Internal Affairs Unit and questioned their role in the disciplinary process. Chief Boles stated the Department is operating under administrative policies and procedures approved by previous Boards and suggested that if this Board wanted to enact other administrative policies and procedures, it had that prerogative. Commissioner Maxsam stated he would be introducing to the Board at the next regular meeting, a recommendation that the Board consider expanding its role in the investigation of acts of overt racial discrimination as well as any allegations of discrimination. He stated the City Charter gives the Board that power, he referenced the Elliott Larson Act and the Civil Rights Act of 1964 and the Board had a duty to the community by Board of Police Commissioners Special Meeting Minutes April 10, 1996 Page 3 becoming involved in the imposition of disciplinary action. Commissioner Walker stated the Board should also review alternatives for involving and empowering precinct-level employees to deal with community issues and problems. The Board's role will be discussed at the next regular Board meeting. OBJECTIVES/TASKS FOR FUTURE MEETING • All sub-committees will coordinate their efforts at Special Meetings of the Board as a whole. These meetings will be held on Wednesday evenings until this process is completed. • Each Board member will review the reports and prepare any discrepancies between statements and policy as well as prepare any questions they may have for clarification. • View the videotape again at the next meeting. • Possibly Interview: • Lt. Mezzano/Shift Commander • Lt. Webster • Ms. Benson (King's Kids - initial complaint) • Two case investigators (Deatrick & Kus) • Demonstration and explanation of restraint systems used by LPD (patrol and detention personnel). • Visit other area detention facilities. • Chief Boles was asked to research for any state-of-the-art, federal licensing organizations, or professional organization who may have developed policies and/or procedures for the restraint of prisoners. Commissioner Maxsam volunteered to provide the State Correction Facility Policies and Procedures regarding restraints to the Board. • Will prepare a draft report by May 8, 1996, as final report is due to the Mayor by May 13, 1996. PUBLIC COMMENTS Tracy Hampton: Made comments regarding Mr. Swans' death. She questioned inmate statements which were different than the ones we have. She reminded the Board of their investigatory powers and encouraged them to do the right thing. She supported the concept of videotaping the booking area and suggested audio be added to the video system. Board of Police Commissioners Special Meeting Minutes April 10, 1996 Page 4 Mr. Oldham, Sr.: Expressed his anger and concern about Mr. Swans' death. He also questioned the Department's policy (or lack thereof) for random drug screening. The Board thanked members of the public for their comments. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 8:00 a.m. ------------ SPECIAL MEETING NOTICE A SUB-COMMITTEE OF THE BOARD OF POLICE COMMISSIONERS WILL MEET ON WEDNESDAY, APRIL 10, 1996, AT 5:30 P.M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT, THE PURPOSE OF THIS MEETING WILL BE TO DISCUSS POLICIES AND PROCEDURES OF THE LPD DETENTION FACILITY, jOARD OF POLICE COMNIISSION,LRS MEETING MINUTES March 19, 1996 Members Present: Others Present: Commissioner James Person, Chairman David Sinclair, Assistant Chief Commissioner Deb Frederick Vicky Gill, Recording Secretary Commissioner David Maxsam Paul McComb, Legal Advisor Commissioner Grady Porter Commissioner Armida Valdez Members Absent: Commissioner Lee Canady (E) Invited Guests: Commissioner Willard Walker (E) Lt. Andy George Members of the Public Present: Willie Davis, Jr.; 1136 Shepard (48912) Brenda Patrick; 1320 W. St. Joseph St (48915) ;— Darnell E. Oldham, Sr.; 3815 Berwick Dr (48911) =' Lee Taylor; POB 20044 (48901) Tracey Hampton; 1608 W. Washtenaw (48915) �- Alberta Jordan; 1649 Greencrest Ave.; East Lansing (48823) CALL TO ORDER r--` " r-. Commissioner Person called the meeting to order at 5:34 p.m. after having established a quorum to conduct business. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the February 20, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS New Employee Handbook: Commissioner Person asked that since Chief Boles was not present and newer members have not had ample opportunity to review the volume of paperwork that this item be tabled until the next meeting. Field Training Officer's (F.T.O.) Program: Commissioner Person welcomed Lieutenant Andy George to the meeting. Lieutenant George reviewed the Field Training Officer's Manual, Daily Observation Reports, Weekly Progress Reports, Monthly Evaluation Reports, Performance Improvement Plan, as well as the differences between critical performance tasks and other performance tasks. He explained all the steps involved in the process and all efforts made to help officers succeed. When asked he stated the current success rate of the FTO Program is 89%. The Board questioned the percentage and demographics of those failing the program. Lieutenant George did not have the exact statistics available but stated Lieutenant Underhill Board of Police Comm.asioners Meeting Minutes March 19, 1996 Page 2 completed a study of demographics in December of 1995. From what he could remember, Lieutenant George stated we were in good shape. He will share the actual statistics with any Board members who may want them. Currently there are 17 FTO's and a new school planned for April which should result in seven new FTO's. The recruits are asked to evaluate the FTO's, but Lieutenant George felt the evaluations may not be reflective of their overall job performance as the recruits were still on probation at the time of this evaluation. He stated they are looking at the possibility of moving the evaluations for FTO's to a time when the recruit has completed the probationary period. The Board questioned the demographics of the current FTO's. Lieutenant George stated the FTO's are primarily white males and some females. He is hopeful a couple of black males will be joining the team after the April training program. He encouraged Board members to call him at 483-4809, Lieutenant Chris Magnus (North Precinct/ 483-4669) or Lieutenant Mark Alley (South Precinct/483-4658) with any questions they may have now or at any time in the future about the FTO Program. PUBLIC COMMENTS Commissioner Person welcomed members of the public to tonight's meeting. He stated that at the last Board meeting members reached a consensus that public comments would be heard, but no immediate Board response would be made. He stated the Board also agreed to adhere to the City Council rules of allowing each speaker a three-minute limit. He invited the first speaker to address the Board: Willie Davis - expressed concern about the death of Edward Swans and questioned the possible action of this Board in that regard. Commissioner Person stated the Mayor's charge will be discussed under item 13 on the agenda. He welcomed Mr. Davis to stay for that portion of the Board's discussion. Mr. Davis has difficulty in believing Mr. Swans' death was accidental. Brenda Patrick - stated she was invited to attend. She was attending tonight's meeting as an observer. Commissioner Person stated all Board meetings are open to the public and anyone is invited to attend any meeting. Darnell Oldham - also present to observe the Board's action in the Edward Swans' death. He also questioned the number of police officers who have received sensitivity or diversity training. Assistant Chief Sinclair stated all officers received diversity training from the Department in 1993. He stated the Department has not repeated the training since that time. He stated all new officers receive diversity training in the Mid-Michigan Police Training Academy. Commissioner Frederick suggested that a diversity training update be placed on the next agenda for further discussion. Lee Taylor - questioned why only one person of color has remained on LPD long enough to retire. She stated she had some serious upward mobility concerns and issues of harassment of black officers. She stated any time a black officer makes a complaint that the complaint is viewed as an individual issue rather than a group issue (of race). Board of Police Conuri.asioners Meeting Minutes March 19, 1996 Page 3 Commissioner Person thanked her for her comments and stated the Board would not respond to her concerns at this point. She indicated a desire to speak again after item 13 on tonight's agenda. Tracey Hampton - questioned the Board's powers in light of Donald Martin's response to the Swans' death. Commissioner Person stated the function of the Board was as an advisory body to the Mayor. He stated their duties and responsibilities are outlined in the City's Charter. Alberta Jordan - stated her son had been arrested by LPD and held in jail for one year for a crime he didn't commit. She also questioned the Department's policy for the lack of random drug screens. FRATERNAL ORDER OF POLICE No representative was present and no information was forwarded for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file 12 letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of February 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Person noted that of the six complaints sustained, four were for automobile accidents in the basement of the Police Building. DEPARTMENTAL HIGHLIGHTS February 1996 The Board received and placed on file reports of departmental highlights for the month of February 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Frederick questioned the Youth/Sex Squad under the Investigative Section. Assistant Chief Sinclair explained this unit investigated crimes involving juveniles, child abuse, abandonment, and CSC. Traffic Review Board The Board received and placed on file the reports for this reporting period. A copy of the report is attached to the original minutes as a permanent addendum. Board of Police Comm.sioners Meeting Minutes March 19, 1996 Page 4 Communications Department Report The committee received and placed on file the report for the month of January 1996. A copy is attached as a permanent addendum to the original minutes. The Board noted an increase in the number of calls as compared to this-month-last-year. They also noted the number of LFD calls up from 60 this-month-last-year to 97 in January 1996. COMMITTEE REPORTS Budget Committee Commissioner Person stated the budget has been completed from the Department's perspective and should be presented to the City Council no later than the third Monday in May. Commissioner Frederick questioned whether or not any recommendations the Board may make after reviewing the death of Mr. Swans will have time to be considered in the upcoming budget. There was some concern expressed about the timing by Board members. Commissioner Person stated there would be about a two-week period for the Chief or Mayor to make any urgent revisions or recommendations to the budget. Awards & Citations Committee Commissioner Porter stated a meeting of the Awards and Citations Committee is set for next week. This committee will begin to review personnel data on candidates who have made contributions above and beyond the call of duty. The Awards Ceremony will be held on September 18, 1996, in the City Council Chambers. He encouraged all Board members to attend. Human Resources Committee In Commissioner Walker's absence, Commissioner Person thanked Captain Dawson and his staff for their presentation on the recruitment, application, hiring and promotional processes. He stated the Human Resources Committee is looking forward to working with the Department's recruiters on their new ideas. He also stated this may be the forum to discuss the Department's drug screening policies as recommended by one of tonight's speakers. Commissioner Person will discuss this issue with Commissioner Walker. Incentives Committee Commissioner Person stated Commissioner Valdez and Commissioner Frederick have agreed to serve as co-chairpersons for this committee. He stated that about 70% of the Department's sworn work force lives outside the City. He stated this committee is charged with finding incentives to entice officers to live within the City. Commissioner Person stated he would forward any information he has regarding incentives to the new co-chairpersons of this committee. COMMISSIONER'S COMMENTS Commissioner Maxsam - stated that he was concerned by some of the comments he heard from the public tonight regarding the retention of minorities. He acknowledged that however difficult Board of Police Comm..sioners Meeting Minutes March 19, 1996 Page 5 it may be to recruit minorities, that we should use the necessary provisions to retain those minorities. He is concerned that there are only a few minorities in the FTO Program. He opened the floor to the public for further comment: Ms. Taylor questioned if the officers are required to live within the City, and whether or not there was any disciplinary action taken if they did not reside within the City. Commissioner Maxsam stated there were no residency requirements. Again Ms. Taylor questioned why the officers were not required to live within the City. She felt if they lived within the communities they were serving the service would most likely be better. Commissioner Maxsam stated the whole idea around the Department's reorganization was to emphasize the community policing philosophy. He stated officers should be assigned to their areas long enough to be knowledgeable about the people in their areas. Ms. Taylor also questioned the number of letters of appreciation and questioned why the Board did not read letters of complaint. Commissioner Person stated the Board reviews a summary report from the Internal Affairs Department and they had done that earlier tonight. Ms. Taylor questioned how the Board received complaints. She stated she had been meeting with various committees within her community and there was considerable concern about the lack of minority officers on the force. She questioned if female officers were counted as minorities. Commissioner Maxsam thanked her for bringing these issues to his attention tonight. Mr. Davis questioned if 70% of the officers live outside the City, if they were all hired from outside the City. Commissioner Maxsam stated they are hired from within and outside the City. Commissioner Maxsam stated he would actually like to make it a requirement for Officers to live within the City and also tie those residency requirements to promotions. He stated during some of the City's lean years they gave away come managerial prerogatives to the Union during labor negotiations. Mr. Oldham also believed that officers should be required to live within the City. He also expressed concern about an officer working in his community whose philosophy was to arrest people rather than work with them to resolve issues. Ms. Hampton questioned individual commissioners on their feelings about residency requirement for officers. Commissioner Valdez stated she volunteered for the Incentives Committee because she would like to see a couple of officers living in her community. Ms. Jordan stated she knew Commissioner Valdez to be honest and trustworthy. She reiterated her request to see mandatory drug testing and questioned why the Department would not adopt such a policy. She stated the Department did not need more officers, it just needed the right officers working on the streets. She stated our streets area mess. Board of Police Commissioners Meeting Minutes March 19, 1996 Page 6 Commissioner Person stated everyone had brought up significant issues which he felt should be discussed at the Human Relations Committee and he invited members of the public to get with Commissioner Maxsam or Commissioner Walker to further discuss these issues. Commissioner Maxsam reminded the committee that Ms. Hampton still had the floor. Ms. Hampton asked Commissioner Frederick her feelings on mandatory residency requirements. Commissioner Frederick stated she agreed with the idea of residency requirements but was also aware of how difficult it was to enforce. Ms. Hampton asked her if she wanted to just make it convenient or if she was in favor of a mandatory residency requirement. Commissioner Frederick stated she would like to see officers living within the City, but felt incentives was a better approach. Commissioner Person stated he felt there was a much stronger commitment if the officers live within the City. Commissioner Porter said that mandatory residency requirements should be a decision left to the Mayor. He stated the Mayor and City Council have required City Officials, appointed committee members, and department heads to live within the City. Commissioner Porter has the desire to have officers live within the City as well but recognizes this would be difficult to accomplish, but he would support such a requirement 100%. Ms. Hampton stated it is illogical to require the Board of Police Commissioners to reside within the City and not its officers. Ms. Hampton questioned whether or not the Department requires drug testing. Assistant Chief Sinclair stated a pre-employment drug screen is required. Union contracts prevent mandatory and/or random drug screens. Again, Commissioner Person stated these were issues best addressed by the Human Relations Committee. He invited members of the public to attend those meetings. Commissioner Maxsam stated he would ensure that Ms. Hampton was informed of all upcoming Board meetings. Mr. Oldham also wanted personal notification of these meetings. Mr. Oldham stated truck drivers are subject to random drug screens and felt officers should be as they hold the ability to rule over life/death situations of individuals. Mr. Oldham also stated he hated to hear statements like "we have to lower our qualifications" because minorities are hard to recruit. He stated it is not that difficult to find young minority males or females. He questioned the desire of the young minorities to become LPD officers. He suggested that we have a sharp, black police officer go into the schools and recruit minority students. He stated a positive message from a black or hispanic officer would be beneficial to the department's recruiting efforts for minorities. Commissioner Porter stated he has been into area churches with handouts and applications. He stated we have a new Cadet Program whereby the Department will pay for the child's education and a promise of a job when that training is completed. He and Commissioner Maxsam stated this message needs to get out to the community. Board of Police CommY3sioners Meeting Minutes March 19, 1996 Page 7 Ms. Taylor questioned why we would try to recruit minorities if the Department was not going to do anything to encourage them to stay on the force. Again she stated that only one black officer has stayed long enough to retire and questioned why. She also questioned the number of times minorities take promotional exams and are not promoted. Commissioner Maxsam stated these are the kinds of issues he wants to focus on in the Human Relations Committee. Commissioner Valdez no further comments. Commissioner Frederick - reiterated that she would like to see diversity training issues on the agenda for the next meeting. She stated that while new officers are receiving this training from the Academy, it is also important for them to receive it from the organization for which they work. She expressed concern that the Department only has one black female officer and felt every opportunity should be taken to make this job one people want. Commissioner Porter - stated at his very first Board meeting he requested to see statistics on minorities. He wanted to see integration on the Department. He stated that is what he is about and he is challenged to do anything he can for it. So far he has been unable to move into the direction of hiring more minorities as police officers. Ms. Taylor questioned the rights and authority of police officers. She stated many times it takes them three hours to two days to respond. They have no respect for the citizens of Lansing. When called to a complaint, officers often respond with no paper and pen in hand because they had no intention of taking a complaint. When you call the Department, you are put on hold and no one wants to take a report. She has advised the senior citizens in her area to complain. Commissioner Porter suggested she have those citizens address their concerns to this Board as this Board cannot act on hearsay. Ms. Taylor stated she will ask those senior citizens to do just that even if she has to write the letters herself and have the seniors sign them. Commissioner Porter asked that if she is aware of any complaint, that she bring it forward to this Board. Commissioner Canady - absent from tonight's meeting. Commissioner Walker - absent from tonight's meeting. Commissioner Person - advised the public speakers that this Board, by City Charter, is an advisory Board to the Mayor. He stated they can make recommendations to the Mayor and City Council. He thanked everyone for their comments and assure them their concerns would be fully reviewed. ADMINISTRATIVE REPORT Assistant Chief Sinclair had no further comments. Board of Police Conun.sioners Meeting Minutes March 19, 1996 Page 8 OTHER BUSINESS Memorandum from the Mayor Commissioner Person read a memorandum from the Mayor asking the Board to look into the procedures, staffing and training issues surrounding the death of Mr. Swans in the City's Detention facility. A copy is attached to the original minutes as a permanent addendum. Commissioner Person also read a memorandum from Mr. McComb outlining the particular sections of the City Charter referenced in the Mayor's memorandum. A copy is attached to the original minutes as a permanent addendum. Commissioner Person also read a memorandum he wrote to Board members outlining his thoughts on how the Mayor's charge might be accomplished. A copy is attached to the original minutes as a permanent addendum. He asked Board members to volunteer for whatever category they were most interested in participating. Commissioner Frederick, Maxsam, and Porter volunteered to review the procedures. Commissioner Valdez stated she would serve wherever needed. Commissioner Person stated he would take staffing and would call Commissioners Canady and Walker to find their interest. Commissioner Porter questioned when these meetings would take place. Commissioner Person stated each sub-committee should contact Vicky Gill and make arrangement for their meeting. He reminded everyone that these meetings will be open to the public and meeting notices must be posted at least 18 hours before the meeting. He was hopeful that everyone could arrange their meetings and Vicky could publish a meeting schedule for all Board members. Ms. Hampton asked for clarification on the Board's charge from the Mayor. She understood Commissioner Person that the Mayor's charge was not to have this Board review Mr. Swans' death in totality, but to review how to make things better in the future. She stated it did not sound like the Board would be doing anything beneficial. Commissioner Frederick stated the Board would be looking at the same material as reviewed by the Internal Affairs Unit and the Prosecuting Attorney. She stated Board members will re-review the videotape and once the case has been reviewed, make a report of their findings and any recommendations they may have to the Mayor. Ms. Taylor stated she submitted an FOI request for reports from the Swans' case but all she got was a generic policy. Since the information has been released for public view, she questioned if her FOI could be forwarded to a representative of the City Attorney's Office. Commissioner Maxsam stated her statement was not quite accurate as the Internal Affairs Unit was still conducting their investigation, the family has or will soon file a law suit, and there may also be an FBI investigation. Board of Police Comm..,sioners Meeting Minutes March 19, 1996 Page 9 Mr. McComb stated he cannot grant Ms. Taylor's request tonight, but he can send it through to the City Attorney's Office now that circumstances have changed. He stated Ms. Taylor's request would have to be reviewed by Mr. Melvin McWilliams, Chief Assistant City Attorney. Ms. Taylor stated she would like to receive each report of the arresting officers; the reports of the arresting officers who accompanied Mr. Swans to the Detention area; the detention officers and supervisors reports. She made a comment about the transfer of one lieutenant and one sergeant and questioned who performed that preliminary investigation. Mr. Oldham questioned whether or not Ms. Taylor would receive the 600+ page report (as referenced in Mr. Person's memorandum) of Mr. Swans' death. Mr. McComb explained the reference to a 600+ page report was a series of reports of which the officer's reports were included. Commissioner Maxsam stated the Internal Affairs Unit is continuing its investigation and reminded everyone that this Board has subpoena power to obtain any needed material. Mr. McComb will forward Ms. Taylor's FOI request to the City Attorney's Office again. ADJOURNMENT Commissioner Porter motioned to adjourn the meeting. The motion was appropriately seconded and adjourned at 7:35 p.m. BOARD OF POLICE COMMISSIOi...,RS SPECIAL MEETING MINUTES March 14, 1996 Members Present: Others Present: James Person Chairman Jerry Boles, Chief of Police Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary '`'' I `(' C`El%r Deb Frederick Paul McComb, Legal Advisor David Maxsam Grady Porter Armida Valdez Willard Walker Guests: Captain Don Dawson Lieutenant Marty Underhill CALL TO ORDER/ESTABLISHMENT OF A QUORUM Mr. Person called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. He welcomed Captain Dawson and Lieutenant Underhill to the meeting and thanked them for tonight's presentation. ADDITIONS TO AGENDA Mr. Walker asked if there was a Board policy on whether or not the Board should respond to public comment(s) and if so, how. He felt it was inappropriate for Board members to verbally respond to public comments immediately following those comments. He felt the Board or Chairman should thank them for their comments and if their comments came up for discussion in another part of the meeting, then the Board could reach a consensus on how to respond to the speaker. Ms. Frederick felt responses to public speakers and/or media should be made as a body and not by individuals. The Board's procedure relating to the conducting of meetings does not contain specific regulations on any public comment restrictions. Such a limitation would be the prerogative of the Chairperson. Mr. Person suggested the public be informed that they are welcome to make comments, but the Board will not respond to those comments. Any policy or procedure questions will be clarified by Chief Boles or Mr. McComb. It was the general consensus of the Board that no immediate response will be made to public comments at regular Board meetings. MINUTES APPROVAL Minutes from the February meeting will be reviewed at the regular meeting scheduled for Tuesday, March 19, 1996. PROGRAM New Hires 1995; Projected New Hires of 1996, and Distribution of Police Personnel: Captain Dawson explained the 5-year plan for Affirmative Action and how statistics were originated by the Joint Committee. He explained the formation of the Joint Committee and its composition; 6 members from the Labor Union, the City's Personnel Director, the Human Relations Director Board of Police Commiiasioners Special Meeting Minutes March 14, 1996 Page 2 and a representative of the Mayor's Office. He explained how projected numbers of new hires from each ethnic category were derived by using the 1990 census, anticipated vacancies, and workforce availability. The Board noted the number of African-American and Hispanic females were below their expectations. Captain Dawson stated this has been a traditionally hard category to recruit. He explained Officer Julie Schneggenburger, currently our only black female officer, accompanies recruiters in an attempt to recruit black females. She has gone well beyond the call of duty by making follow-up phone calls and extending invitations to prospective recruits to ride- along with her. Mr. Walker suggested we woo prospective recruits quite similar to the way Universities might woo prospective athletes. Qualifications to Become a Lansing Police Officer: Captain Dawson reviewed the current qualifications. A copy is attached to the original minutes as a permanent addendum. He indicated whether each requirement was based on a federal law, state regulations (MLEOTC), administrative policy as previously established by the Board of Police Commissioners. There was a brief discussion about the physical conditions and agility tests. Captain Dawson explained these portions can be taken numerous times. He also indicated the State has hired a consulting firm to update the reading, writing, agility, and physical condition portions of the state- mandated-requirements. He will share those findings with the Board once the study has been completed. Recruiting & Recruitment and Affirmative Action Recommendations: Captain Dawson distributed the Department's current Joint Labor-Management Agreement for recruitment. A copy is attached to the original minutes as a permanent addendum. After review, the Board suggested that the recruitment area be broadened. Ms. Frederick suggested that we not limit our efforts to criminal justice programs, but look more closely at the social workers. With the trending towards community policing, social workers may find police work just as rewarding and the pay/benefits would certainly be more significant than those of traditional social workers. Mr. Canady suggested college sororities may be a valuable resource in recruiting females. He volunteered to put Captain Dawson in touch with someone who is involved state-wide with sororities. Mr. Walker stated that contacts within a particular college or university might improve our chances for recruitment. He volunteered to help Captain Dawson with contact names which may prove helpful in the recruitment of minorities. Mr. Maxsam felt we should challenge community groups such as P.U.L.L. and the Pastor's Conference for possible recruits. Captain Dawson stated that avenue was tried about a year ago with the pastors and he would be willing to try it again. Captain Dawson stated the Department will send representatives anywhere there may be prospective candidates. He also stated the Personnel Director indicated that the Mayor's Office may have access to private funding, if necessary, to assist with the recruitment of minorities. The Board also expressed an awareness of targeting the community's youth in its recruitment efforts - for example, P.A.L. and D.A.R.E. He distributed several application packets and encouraged Board members to pre-recruit any possible candidates. He felt the overall perception of LPD may be in jeopardy if someone is given false hope (unable to qualify), so pre-qualification is very important. Board of Police Conan sioners Special Meeting Minutes March 14, 1996 Page 3 Selection Process Summary: Captain Dawson reviewed the current process for candidate selection. A copy is attached to the original minutes as a permanent addendum. He stated the overall process can occur in about eight weeks if the candidate is from a protected group. The Board asked Captain Dawson to clarify between Step 6 (Personality Trait Assessment Questionnaire Completed and Interview by Psychologist) and Step 11 (Psychological Examination). Captain Dawson explained Step 6 is the non-medical model while Step 11, the medical model, is done only after a conditional offer of employment has been made. He stated the non-medical psychological interview is conducted to ensure the candidate's psyche is conducive to police work. Cadet Pro rg am: Captain Dawson distributed information about the new Cadet Program. A copy is attached to the original minutes as a permanent addendum. He outlined the qualifications and encouraged Board members to be active in suggestions for possible candidates. He also recommended that they pre-recruit by ensuring prospective candidates meet established qualifications. Again, he felt the overall perception of the Cadet Program may be jeopardized if a candidate is given false hope. Promotional Process - 1996: Captain Dawson reviewed the current process for Detective IIB, Sergeant III, Lieutenant V and Captain VI. A copy is attached to the original minutes as a permanent addendum. (A correction to the printed material distributed - under the section Detective IIB the percentages are as follows: 50% written; 25% seniority; and 25% internal oral {peer review)). The Board questioned the requirement of "promotion in rank order." Captain Dawson explained this was a clause in the FOP contracts. The Board asked whether or not an officer's excessive use of force or any job performance evaluations were considered and if so, at what point during the promotional process. Chief Boles stated reports of excessive force are investigated by the Internal Affairs Unit. All complaints are tracked by individual officers; any consistent patterns or suspected problems are identified by the Internal Affairs Unit and dealt with by a supervisor or administrator. Chief Boles also stated there is a one-year probationary period for newly promoted officers. He stated in accordance with their contract, there must be a "demonstrative reason" for demoting within that probationary period. Captain Dawson added that a probationary period can be extended (i.e. duty-related injuries) until the officer has at least one year within grade. ADJOURNMENT Mr. Walker asked to be excused from next regular meeting as he will be out-of-town. There being no other business to discuss, the meeting adjourned at 7:10 p.m. SPACIAL MEETING NOTICE THE BOARD OF POLICE COMMISSIONERS WILL HOLD A SPECIAL MEETING ON THURSDAY, MARCH 14, 1996, AT 5:30 P. M. IN THE SECOND FLOOR CLASSROOM OF THE LANSING POLICE DEPARTMENT. CAPTAIN DAWSON OF THE LANSING POLICE DEPARTMENT WILL BE MAKING A PRESENTATION ON RECRUITMENT, HIRING , APPLICATION, AND PROMOTIONAL PROCESSES .<.,- Ti BOARD OF POLICE COMMISSIOIVuRS MEETING MINUTES February 20, 1996 Members Present: Others Present: James Person, Chairman Jerry Boles, Chief of Police Lr,' i C;I` fig Lee Canady, Vice-Chairman Vicky Gill, Recording Secretary Deb Frederick Paul McComb, Legal Advisor David Maxsam Grady Porter Armida Valdez Willard Walker Members of the Public Officer Loren Glasscock, LPD Public Affairs Officer Steve Person, LPD North Precinct Sonja Dabney, LPD Data Processing Yolanda Watson, 900 Long Blvd., (48911) Lee Taylor, POB 2004, (48901) Felicia Wasson, 900 Lang Blvd. #530, (48911) Paul M. Scott, 412 W. Kilborn, (48906) Maura McDonald & Mia, TV Channel 6 ROLL CALL/CALL TO ORDER Mr. Person called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. He welcomed the two new Board members, Deb Frederick and David Maxsam. Chief Boles stated we will be scheduling appointments with the new Commissioners for an orientation program. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the January 16, 1996, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Legal Opinion: Conflict of Interest Mr. McComb disseminated copies of his legal opinion. This afternoon we received concurrence from City Attorney and are able to share this opinion with the Board. Mr. McComb stated he was asked to address whether or not it was a conflict of interest for a citizen to serve as a member of this Board when he/she has a family member who is an employee of the Police Department. Mr. McComb researched the Lansing City Charter, City Ordinance: Chapter 20 (Conflict of Interest); and City Ordinance: Section 290.05 (Participation in Governmental Decision). Mr. McComb stated there is no "per se" prohibition against either holding office or board membership because family members are employees of the City of Lansing. However, Board of Police Commissioners Minutes of February 20, 1996 Page 2 such a relationship may present a potential conflict of interest if the appointed member acts upon or votes in any matter where the family member will directly benefit. In cases such as these, the appointee would either have to abstain from voting/action or file a disclosure statement with the Police Department and the City Clerk explaining why a potential conflict does not exist. Mr. Person stated that he would ask Vice-Chairman Canady to chair the meeting if there was any discussion. It was the general consensus that the Board would do everything possible to avoid even the appearance of a conflict of interest. New Employee Handbook Chief Boles distributed the draft to Commissioners Person, Frederick, and Maxsam. He recommended that these three Board members be allowed to review the material prior to any further Board discussion or action. The Board agreed that this be on the agenda next month for discussion and/or action. PUBLIC COMMENTS Mr. Person welcomed members of the public and asked them to sign the roster if they wished to speak. Loren Glasscock identified himself as an Officer of the Lansing Police Department's Public Affairs Office. He stated he had a close, working relationship with Channel 6, in particular Sheri Jones and Ross Woodstock. Sheri and Ross have been actively participating in the CrimeStoppers Program since its inception. He stated Channel 6 has allotted time, and in some circumstances prime time, to the CrimeStoppers Program. He is aware that at least two major homicides have been solved due to the CrimeStoppers Program and wanted the Board to know what a great contribution they make to the Department as well as our community. He asked if the Board would be acceptable to passing a resolution to acknowledge the contribution of Channel 6, Sheri Jones and Ross Woodstock. The Board unanimously concurred and directed Officer Glasscock and Ms. Gill to draft a resolution for the Chairman's si ng ature. Ms. Taylor spoke of her concerns surrounding the death of Edward Swans. She asked several questions that could not be answered at this time. She requested copies of several police documents and Mr. McComb took her FOI request which will be forwarded to the City Attorney. Ms. Watson spoke about the death of Rex Bell and her attempts to close Sparty's Bar. The Board, however concerned with Mr. Bell's death, informed her they had no jurisdiction in this case. They instructed her to contact the Lansing Township Police or the Michigan State Police. Ms. Watson also relayed her concern about the Edward Swans death. She also requested police documents and Mr. McComb took her FOI request which will be forwarded to the City Attorney. Mr. Scott informed the Board that the Lansing City Charter granted them the power of subpoena as well as administrative authority to open an investigation. He felt uncomfortable with the Lansing Police Department conducting its own investigation of Mr. Swans' death. Board of Police Commissioners Minutes of February 20, 1996 Page 3 Ms. Felicia Wasson also spoke about her concerns in the death of Edward Swans. The Board attempted to assure her as well as the other speakers there was no "cover-up" and that they had faith in the Lansing Police Department and the Chief of Police to conduct a good investigation. The Chief expressed his willingness to release additional information as he receives it. He stated he is still awaiting the final autopsy report. Once received, the case will be forwarded to the Ingham County Prosecutor's Office. At this point he was unable to provide further specifics about the case. The Board thanked all the speakers for taking their time to address the Board. They assured everyone they did care about the death of Mr. Swans and that they would be looking at the case from a police and procedural view and make any policy or procedural changes that may be warranted. They reiterated their confidence in the Lansing Police Department investigators as well as Chief Boles. FRATERNAL ORDER OF POLICE No representative was present and no information was forwarded for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file seven letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the month of January 1996. Copies are attached to the original minutes as a permanent addendum. Ms. Frederick asked that the Internal Affairs Report be explained to her. Chief Boles explained: sustained was a finding that the officer was guilty of the infraction; not sustained was there was not enough evidence to make a determination; exonerated means the officer did what was alleged, but the action(s) were legal or within his/her authority as police officers; and unfounded means there was no basis for the infraction(s). He also explained that new Board members would receive more comprehensive information during their orientation sessions. DEPARTMENTAL HIGHLIGHTS January 1996: The Board received and placed on file reports of departmental highlights for the month of January 1996. Copies are attached to the original minutes as a permanent addendum. Commissioner Person informed the new members of the summer Curfew Program. He stated copies of those reports are on file if any of the new members would be interested in that program. Board of Police Commissioners Minutes of February 20, 1996 Page 4 Traffic Review Board The Board received and placed on file the reports for the month of January 1996. A copy of the report is attached to the original minutes as a permanent addendum. Communications Department Report The committee received and placed on file the report for the month of December 1995, and the annual report for 1995. Copies are attached as a permanent addendum to the original minutes. Chief Boles stated new Board members will be learning more about the 9-1-1 Center when they attended orientation. COMMITTEE REPORTS Budget Committee Mr. Canady stated the preliminary departmental budget is completed. Mr. Person stated the Department has a $17 million dollar budget. Chief Boles explained that figure was mainly salaries and operating expenses. He stated that expenses such as fringe benefits, vehicles and vehicle maintenance, building maintenance come from other Departmental budgets. Chief Boles stated he and Mr. DeLine will be meeting with the Mayor on Friday to review the budget and make final changes and/or recommendations. City Council must pass the budget by the third Monday in May so that it may take effect on July 1, 1996. Awards & Citations Committee Mr. Porter stated he will be forming his committee sometime around the first week in July. He is accepting volunteers for this committee. He stated the awards ceremony will either be the third or fourth week in September and asked that Board members keep those two dates open at this time. Human Resources Committee Mr. Walker stated the Cadet Program is progressing well. He feels the first step is to contact parents of students who may be interested in the Cadet Program. He has made contact with the three locations, as promised. He will keep the Board informed of the progress of this Program. Incentives Committee Mr. Person stated there is currently no chairperson for this committee. He asked for a volunteer to chair this committee. Commissioner Valdez volunteered for this role. Chief Boles stated there is pending legislation to abolish residency requirements. About 70% of the Department's employees currently live outside of the City. He stated both of these factors compel us to formulate an incentive plan to persuade our personnel to live within the City. COMMISSIONER'S COMMENTS Mr. Canady - No additional comments. Ms. Frederick - Left the meeting prior to this portion of the agenda. Board of Police Commissioners Minutes of February 20, 1996 Page 5 Mr. Maxsam - As a new member, feels he has had a "baptism under fire." He welcomes the challenge and is looking forward to working with everyone. Mr. Person - No additional comments. Mr. Porter - No additional comments. Ms. Valdez - No additional comments. Mr. Walker - No additional comments. ADMINISTRATIVE REPORT Chief Boles stated Don Christy and.Doak Bloss have been looking at a building, known formerly as the School for the Blind for their Northend Network Center. Currently the Board of Education has control of that property and the Department of Corrections has a presence in that building. We are negotiating with the Department of Education in an effort to house the new North Precinct at that location as well. Chief Boles stated that since we now have a seven-member Board, the Special Meeting to discuss the recruitment, application, and hiring process can be scheduled. Captain Dawson will be asked to make his presentation sometime between now and our next meeting. It was suggested that Mondays and Fridays not be considered as possible meeting days. There was a general consensus that the meeting would be held at 5:30 p.m. in the second floor classroom. Ms Gill will poll members and send individual meeting notices to all Board members. Chief Boles stated Lieutenant Andy George is prepared to make his F.T.O. Presentation at the regular March meeting. 'Ms. Gill will contact Lt. George to remind him of this request. OTHER BUSINESS P.A.L. Sponsorship Chief Boles stated the Board has sponsored a PAL basketball team for the past three years. He stated sponsorship is $250 per team. Most of the money has been collected. He encouraged Board members who have not yet paid their $31.66 to do so. He stated new Board members would not be required to make this payment, but if they choose to make a donation, it will certainly be appreciated and put to a worthy cause within our community. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 8:00 p.m. BOARD OF POLICE COMMISSIONERS MEETING MINUTES January 16, 1996 ; ,:=:i ! 1 - Members Present: Members Absent: Lee Canady, Vice-Chairman James Person (E) Sherri Hicks Grady Porter Armida Valdez Willard Walker Others Present: Jerry Boles, Chief of Police Vicky Gill, Recording Secretary Paul McComb, Legal Advisor Members of the Public None Present CALL TO ORDER Mr. Canady called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. It was noted that Mr. Person was out-of-town and excused from this meeting. Mr. Canady announced that it was imperative that our meeting be concluded prior to 7:00 p.m. because we cannot meet at the same time the City Council meets and they were holding their meeting tonight beginning at 7:00 p.m. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the November 21, 1995, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Board Resignations The Board reviewed and placed on file the resignations of Mr. John Weis effective December 1, 1995, and Ms. Sharon Kellogg effective December 15, 1995. Copies of their letters are attached to the original minutes as a permanent addendum. Ms. Sherri Hicks stated tonight was also her last meeting. There was discussion about new appointees to the Board. Chief Boles stated the Mayor has submitted the names of Bob Brockwell, David Maxsam, and Debbie Fredricks to the City Council for approval. The City Council is meeting tonight at 7:00 p.m. Chief Boles will keep the Board informed of that action. There was a general consensus that letters of appreciation be sent to Mr. Weis and Ms. Kellogg for their dedicated service to the Board. They also suggested that a plaque be given to Ms. Hicks since she has been a Board member for the past eight years. Board of Police Commissioners Minutes of January 16, 1996 Page 2 Date of Awards Ceremony Ms. Gill stated the exact date of the awards ceremony is unknown at this time. Sergeant Ventre has indicated the ceremony will be held in late September. Special Meeting to Discuss the Hiring Process Mr. Canady explained that will the loss of three Board members and the inability to establish a quorum that this meeting has been postponed. Chief Boles stated it would be helpful to wait until the appointment of new Board members to review the application, hiring, promotion and FTO processes so the programs would not have to be repeated. Everyone concurred. It was the general consensus that this information would be discussed at a special meeting rather than a regular monthly meeting. Board members will select a date for this special meeting after the new appointees are approved by the City Council. PUBLIC COMMENTS There were no comments from members of the public. FRATERNAL ORDER OF POLICE No representative was present and no information was forwarded for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file seven letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Mr. Walker stated in particular he was touched by the act of kindness shown to the youth stranded in Lansing overnight when he missed his bus. He commended the officers involved in this situation. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the months of November and December 1995. Copies are attached to the original minutes as a permanent addendum. There was discussion about the meaning of sustained, non sustained, exonerated, and unfounded. Chief Boles explained: sustained was a finding that the officer was guilty of the infraction; not sustained was there was not enough evidence to make a determination; exonerated means the officer did what was alleged, but the action(s) were legal or within his/her authority as police officers; and unfounded means the officer was found not guilty of the infraction(s). There was discussion about the number of open cases. Chief Boles explained that most of the investigations are completed and we are awaiting recommendations from the supervising officer for disciplinary action or just a signature. He is hopeful that the number of open cases will be reduced significantly by the next meeting. There was considerable discussion regarding the method(s)by which a person can file a complaint against the department or one of its officers. Mr. McComb explained the person may go directly to Internal Affairs, the Chief of Police, The Board of Police Commissioners, the Mayor, the Human Relations Department or the City Council. He also stated there have been many cases in which the complainant may take his/her complaint to several entities at one time and there may be multiple investigations being conducted on the same incident. 3 Board of Police Commissioners Minutes of January 16, 1996 Page 3 DEPARTMENTAL HIGHLIGHTS November & December 1995: The Board received and placed on file reports of departmental highlights for the months of November and December 1995. Copies are attached to the original minutes as a permanent addendum. There was discussion about whether or not the Truancy Abatement Program had anything to do with the Curfew Program. Chief Boles explained the special Curfew Program was halted at this time but would resume again next summer. He stated there is a significant problem around some school areas and the children are typically taken back to school unless they have been expelled. The Board asked for an update on the gang situation in Lansing. Chief Boles stated the Special Operations Division has identified at least 40 known gang members and possibly up to 100 in the Lansing area. Recently there were several people sent in from Chicago to organize gang activity in Lansing. Fortunately those people were arrested on unrelated criminal charges and returned to Chicago. Ms. Valdez indicated she knew of gang activity in her area, 18th Street Gang which where headquartered in Los Angeles, not Chicago as originally thought. Chief Boles stated little gang activity in Lansing is turf-specific or turf-warfare; he stated most appears to be narcotics and weapons related. Chief Boles stated the Intelligence Unit will continue to gather and trend information on gang activity and hopeful we will have a handle of their activities before they are allowed to further organize in our area. He will keep Board members informed of any changes in gang activity. Traffic Review Board The Board received and place on file the reports for the months of November and December 1995. A copy of the report is attached to the original minutes as a permanent addendum. There was concern voiced about the number of accidents which occur in the basement of the police building. It was noted that the Board receives this information twice: once on this report and again under departmental complaints - Internal Affairs investigations. With this in mind, the Board only noted one basement accident for this reporting period. Communications Department Report The committee received and placed on file the report for November 1995. A copy is attached a as a permanent addendum to the original minutes. COMMITTEE REPORTS Budget Committee Mr. Canady reviewed the budget package that was sent out last month and the addendum which were received this month. He stated he has discussed several questions with Mr. Jim DeLine and Lt. Andy George and those questions were resolved to his satisfaction. He stated there were major changes which were to separate the north and south precincts. It was noted four new positions were being requested for the 911 Center. They also noted budgeted funds for the heating and air conditioning system for that division. Everyone agreed this was needed to reduce stress in the work place, the workload in general, forced overtime making most shifts 12-hours, and to improve the work environment. They were hopeful additional employees in that Division would make for better retention of employees. Chief Boles stated they were not asking for any new police officer positions. After discussion, the Board reviewed and approved the departmental budget for fiscal year 1996-1997. T" Board of Police Commissioners Minutes of January 16, 1996 Page 4 Awards & Citations Committee Mr. Porter stated he will be meeting with Human Relations personnel sometime within the next 30 days to determine eligible candidates. He stated the exact date is unknown at this time but will inform the Board when the exact date is known. Human Resources Committee Mr. Walker and Chief Boles gave an update on the Cadet program. Chief Boles stated this program had been tied up in labor negotiations for almost a year. Mr. Walker is working with the committee and making recommendations to recruiters. They will be looking at students who graduated last year as well as those graduating this year. Chief Boles stated we will be accepting five students per year. Because of the federal funding received for this program, household income cannot exceed the cap (somewhere around $14,000 per year). Mr. Walker stated at this time we want recommendations from responsible adults who know of students who are interested in police work. Initially, students will be sought from Everett, Eastern and Sexton High Schools. The successful candidates will work 20 hours per week, receive healthcare benefits, and attend school 20 hours per week. Books and tuition will be paid by the program and the student will receive a salary for working. The screening process will be the same as for a police officer, therefore if the candidate successfully completes the cadet program he/she will be guaranteed a job as a police officer in the City of Lansing. Incentives Committee Mr. Canady asked for a volunteer to chair this committee since Ms. Kellogg resigned. There were no volunteers. It was decided that this appointment would be made when new Board members are approved by the City Council. COMMISSIONER'S COMMENTS Mr. Canady - None. Ms. Hicks - stated this would be her last meeting. She stated this has been an adventure and an experience that she has enjoyed, but she is ready to move on. Mr. Canady stated she has been a valuable asset and invited her back to the special meeting when the Board will be discussion the hiring, promotional and FTO processes. Everyone stated they would miss her and expressed their gratitude for her service to this Board. Mr. Person - Absent from tonight's meeting. Mr. Porter - None. Ms. Valdez - None. Mr. Walker - None. Board of Police Commissioners Minutes of January 16, 1996 Page 5 ADMINISTRATIVE REPORT Chief Boles stated there will be a community meeting on Thursday evening, January 18, 1996, at 7:00 p.m. to 8:30 p.m. a the Moore's Park School to discuss the evaluation of the community policing program. We will be receiving assistance in this process from MSU. He encouraged all Board members to attend. He stated this will be a public forum and the public will be allowed make comments and ask questions. He stated the Mayor will be giving his State of the City address on Monday, January 22, 1996 at 7:00 p.m. at the Gardner Junior High School on Jolly Road. He encouraged all Board members to attend. The 1996 Departmental agenda will include the continuance of decentralization and reorganization; opening of the southside precinct which is anticipated around the end of February or the first of March; a northside facility with recreational facilities for area youth, a network center and social services; and in February or March plans will continue for the decentralization of the detective bureau function whereby investigators will be transferred to the north and south precincts. He stated this concept has not been tried on the national level to the extent we will be decentralizing. He expects that by year end this part of the decentralization concept will be stabilized. We may decentralize the street-level drug and vice squads sometime after Labor Day. Revenues for the City are expected to increase in the upcoming year. The department is requesting a 4.5% increase in the 1996-1997 budget. This increase is attributed to the opening of the new southside facility. The Board commented that most of the items listed in the budget were requested by the Mayor as needed improvements for the Department. Chief Boles stated he felt there would be no opposition from the Mayor. An question relating to whether it is a conflict of interest for membership on the Board when the member is related to an employee of the Police Department. An opinion will be completed for the Board next month. OTHER BUSINESS Civil Rights Complaint Mr. McComb reviewed the civil rights complaint of Ms. Shirley Jones. A copy is attached to the original minutes as a permanent addendum. He stated an Internal Affairs investigation was conducted and the officers were exonerated. The outcome of the Department of Civil Rights investigation will be shared with the Board when received. Meeting Schedule for 1996 The Board reviewed, approved and placed on file the schedule of meetings for 1996. A copy is attached to the original minutes as a permanent addendum. Informational Material The Board reviewed material which was submitted by Mr. Person for informational purposes. Members were encouraged to take the material for their perusal at a later date. Copies are attached as a permanent addendum. Board of Police Commissioners Minutes of January 16, 1996 Page 6 New Employee Handbook Chief Boles distributed copies of a "draft" of the New Employee Handbook. He encouraged members to read the policies and procedures carefully and feel free to make recommendations. He stated this was the value-based management system he had been talking about in earlier meetings. He stated this material will be printed back-to-back and in smaller print; officers will be able to carry the finished product in their briefcases. He stated all procedures were revised and/or consolidated into this one manual with the exception of the promotional and FTO issues. He stated the current policies and procedures will remain in place until this Board has had the opportunity to thoroughly review those processes and make recommendations. Once that has been done, those policies and procedures will be re-written and placed into this handbook. The Handbook will be an agenda item for approval at the next meeting. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 6:45 p.m.. BOARD OF POLICE COMMISSIOivERS MEETING MINUTES January 16, 1996 ; Members Present: Members Absent: Yi Lee Canady, Vice-Chairman James Person (E) Sherri Hicks - . .' a1'�' CLEM Grady Porter Armida Valdez Willard Walker Others Present: Jerry Boles, Chief of Police Vicky Gill, Recording Secretary Paul McComb, Legal Advisor Members of the Public None Present CALL TO ORDER Mr. Canady called the meeting to order at 5:30 p.m. after having established a quorum to conduct business. It was noted that Mr. Person was out-of-town and excused from this meeting. Mr. Canady announced that it was imperative that our meeting be concluded prior to 7:00 p.m. because we cannot meet at the same time the City Council meets and they were holding their meeting tonight beginning at 7:00 p.m. ADDITIONS TO AGENDA There were none. MINUTES APPROVAL Minutes from the November 21, 1995, meeting were reviewed and approved. A copy is attached to the original minutes as a permanent addendum. UNFINISHED BUSINESS Board Resi nag tions The Board reviewed and placed on file the resignations of Mr. John Weis effective December 1, 1995, and Ms. Sharon Kellogg effective December 15, 1995. Copies of their letters are attached to the original minutes as a permanent addendum. Ms. Sherri Hicks stated tonight was also her last meeting. There was discussion about new appointees to the Board. Chief Boles stated the Mayor has submitted the names of Bob Brockwell, David Maxham, and Debbie Fredricks to the City Council for approval. The City Council is meeting tonight at 7:00 p.m. Chief Boles will keep the Board informed of that action. There was a general consensus that letters of appreciation be sent to Mr. Weis and Ms. Kellogg for their dedicated service to the Board. They also suggested that a plaque be given to Ms. Hicks since she has been a Board member for the past eight years. Board of Police Commissioners Minutes of January 16, 1996 Page 2 Date of Awards Ceremony Ms. Gill stated the exact date of the awards ceremony is unknown at this time. Sergeant Ventre has indicated the ceremony will be held in late September. Special Meeting to Discuss the Hiring Process Mr. Canady explained that will the loss of three Board members and the inability to establish a quorum that this meeting has been postponed. Chief Boles stated it would be helpful to wait until the appointment of new Board members to review the application, hiring, promotion and FTO processes so the programs would not have to be repeated. Everyone concurred. It was the general consensus that this information would be discussed at a special meeting rather than a regular monthly meeting. Board members will select a date for this special meeting after the new appointees are approved by the City Council. PUBLIC COMMENTS There were no comments from members of the public. FRATERNAL ORDER OF POLICE No representative was present and no information was forwarded for the Board's consideration. COMMUNICATIONS Letters of Appreciation The Board reviewed and placed on file seven letters and memorandums of appreciation complimenting officers of the LPD. Copies are attached as a permanent addendum to the original minutes. Mr. Walker stated in particular he was touched by the act of kindness shown to the youth stranded in Lansing overnight when he missed his bus. He commended the officers involved in this situation. Complaints against the Department The Board reviewed and placed on file complaints investigated by the Internal Affairs Unit for the months of November and December 1995. Copies are attached to the original minutes as a permanent addendum. There was discussion about the meaning of sustained, non sustained, exonerated, and unfounded. Chief Boles explained: sustained was a finding that the officer was guilty of the infraction; not sustained was there was not enough evidence to make a determination; exonerated means the officer did what was alleged, but the action(s) were legal or within his/her authority as police officers; and unfounded means the officer was found not guilty of the infraction(s). There was discussion about the number of open cases. Chief Boles explained that most of the investigations are completed and we are awaiting recommendations from the supervising officer for disciplinary action or just a signature. He is hopeful that the number of open cases will be reduced significantly by the next meeting. There was considerable discussion regarding the method(s)by which a person can file a complaint against the department or one of its officers. Mr. McComb explained the person may go directly to Internal Affairs, the Chief of Police, The Board of Police Commissioners, the Mayor, the Human Relations Department or the City Council. He also stated there have been many cases in which the complainant may take his/her complaint to several entities at one time and there may be multiple investigations being conducted on the same incident. Board of Police Commissioners Minutes of January 16, 1996 Page 3 DEPARTMENTAL HIGHLIGHTS November & December 1995: The Board received and placed on file reports of departmental highlights for the months of November and December 1995. Copies are attached to the original minutes as a permanent addendum. There was discussion about whether or not the Truancy Abatement Program had anything to do with the Curfew Program. Chief Boles explained the special Curfew Program was halted at this time but would resume again next summer. He stated there is a significant problem around some school areas and the children are typically taken back to school unless they have been expelled. The Board asked for an update on the gang situation in Lansing. Chief Boles stated the Special Operations Division has identified at least 40 known gang members and possibly up to 100 in the Lansing area. Recently there were several people sent in from Chicago to organize gang activity in Lansing. Fortunately those people were arrested on unrelated criminal charges and returned to Chicago. Ms. Valdez indicated she knew of gang activity in her area, 18th Street Gang which where headquartered in Los Angeles, not Chicago as originally thought. Chief Boles stated little gang activity in Lansing is turf-specific or turf-warfare; he stated most appears to be narcotics and weapons related. Chief Boles stated the Intelligence Unit will continue to gather and trend information on gang activity and hopeful we will have a handle of their activities before they are allowed to further organize in our area. He will keep Board members informed of any changes in gang activity. Traffic Review Board The Board received and place on file the reports for the months of November and December 1995. A copy of the report is attached to the original minutes as a permanent addendum. There was concern voiced about the number of accidents which occur in the basement of the police building. It was noted that the Board receives this information twice: once on this report and again under departmental complaints - Internal Affairs investigations. With this in mind, the Board only noted one basement accident for this reporting period. Communications Department Report The committee received and placed on file the report for November 1995. A copy is attached a as a permanent addendum to the original minutes. COMMITTEE REPORTS Budget Committee Mr. Canady reviewed the budget package that was sent out last month and the addendum which were received this month. He stated he has discussed several questions with Mr. Jim DeLine and Lt. Andy George and those questions were resolved to his satisfaction. He stated there were major changes which were to separate the north and south precincts. It was noted four new positions were being requested for the 911 Center. They also noted budgeted funds for the heating and air conditioning system for that division. Everyone agreed this was needed to reduce stress in the work place, the workload in general, forced overtime making most shifts 12-hours, and to improve the work environment. They were hopeful additional employees in that Division would make for better retention of employees. Chief Boles stated they were not asking for any new police officer positions. After discussion, the Board reviewed and approved the departmental budget for fiscal year 1996-1997. Board of Police Commissioners Minutes of January 16, 1996 Page 4 Awards & Citations Committee Mr. Porter stated he will be meeting with Human Relations personnel sometime within the next 30 days to determine eligible candidates. He stated the exact date is unknown at this time but will inform the Board when the exact date is known. Human Resources Committee Mr. Walker and Chief Boles gave an update on the Cadet program. Chief Boles stated this program had been tied up in labor negotiations for almost a year. Mr. Walker is working with the committee and making recommendations to recruiters. They will be looking at students who graduated last year as well as those graduating this year. Chief Boles stated we will be accepting five students per year. Because of the federal funding received for this program, household income cannot exceed the cap (somewhere around $14,000 per year). Mr. Walker stated at this time we want recommendations from responsible adults who know of students who are interested in police work. Initially, students will be sought from Everett, Eastern and Sexton High Schools. The successful candidates will work 20 hours per week, receive healthcare benefits, and attend school 20 hours per week. Books and tuition will be paid by the program and the student will receive a salary for working. The screening process will be the same as for a police officer, therefore if the candidate successfully completes the cadet program he/she will be guaranteed a job as a police officer in the City of Lansing. Incentives Committee Mr. Canady asked for a volunteer to chair this committee since Ms. Kellogg resigned. There were no volunteers. It was decided that this appointment would be made when new Board members are approved by the City Council. COMMISSIONER'S COMMENTS Mr. Canady - None. Ms. Hicks - stated this would be her last meeting. She stated this has been an adventure and an experience that she has enjoyed, but she is ready to move on. Mr. Canady stated she has been a valuable asset and invited he back to the special meeting when the Board will be discussion the hiring, promotional and FTO processes. Everyone stated they would miss her and expressed their gratitude for her service to this Board. Mr. Person - Absent from tonight's meeting. Mr. Porter - None. Ms. Valdez - None. Mr. Walker - None. Board of Police Commissioners Minutes of January 16, 1996 Page 5 ADMINISTRATIVE REPORT Chief Boles stated there will be a community meeting on Thursday evening, January 18, 1996, at 7:00 p.m. to 8:30 p.m. a the Moore's Park School to discuss the evaluation of the community policing program. We will be receiving assistance in this process from MSU. He encouraged all Board members to attend. He stated this will be a public forum and the public will be allowed make comments and ask questions. He stated the Mayor will be giving his State of the City address on Monday, January 22, 1996 at 7:00 p.m. at the Gardner Junior High School on Jolly Road. He encouraged all Board members to attend. The 1996 Departmental agenda will include the continuance of decentralization and reorganization; opening of the southside precinct which is anticipated around the end of February or the first of March; a northside facility with recreational facilities for area youth, a network center and social services; and in February or March plans will continue for the decentralization of the detective bureau function whereby investigators will be transferred to the north and south precincts. He stated this concept has not been tried on the national level to the extent we will be decentralizing. He expects that by year end this part of the decentralization concept will be stabilized. We may decentralize the street-level drug and vice squads sometime after Labor Day. Revenues for the City are expected to increase in the upcoming year. The department is requesting a 4.5% increase in the 1996-1997 budget. This increase is attributed to the opening of the new southside facility. The Board commented that most of the items listed in the budget were requested by the Mayor as needed improvements for the Department. Chief Boles stated he felt there would be no opposition from the Mayor. An question relating to whether it is a conflict of interest for membership on the Board when the member is related to an employee of the Police Department. An opinion will be completed for the Board next month. OTHER BUSINESS Civil Rights Complaint Mr. McComb reviewed the civil rights complaint of Ms. Shirley Jones. A copy is attached to the original minutes as a permanent addendum. He stated an Internal Affairs investigation was conducted and the officers were exonerated. The outcome of the Department of Civil Rights investigation will be shared with the Board when received. Meeting Schedule for 1996 The Board reviewed, approved and placed on file the schedule of meetings for 1996. A copy is attached to the original minutes as a permanent addendum. Informational Material The Board reviewed material which was submitted by Mr. Person for informational purposes. Members were encouraged to take the material for their perusal at a later date. Copies are attached as a permanent addendum. Board of Police Commissioners Minutes of January 16, 1996 Page 6 New Employee Handbook Chief Boles distributed copies of a "draft" of the New Employee Handbook. He encouraged members to read the policies and procedures carefully and feel free to make recommendations. He stated this was the value-based management system he had been talking about in earlier meetings. He stated this material will be printed back-to-back and in smaller print; officers will be able to carry the finished product in their briefcases. He stated all procedures were revised and/or consolidated into this one manual with the exception of the promotional and FTO issues. He stated the current policies and procedures will remain in place until this Board has had the opportunity to thoroughly review those processes and make recommendations. Once that has been done, those policies and procedures will be re-written and placed into this handbook. The Handbook will be an agenda item for approval at the next meeting. ADJOURNMENT There being no other business to discuss, the meeting adjourned at 6:45 p.m.