Community Appeals Board

Community Appeals Board City of Dayton | City Hall Mezzanine 101 West Third Street Dayton, Ohio 45402 March 12, 2024 5:30 PM – 7:30 PM I. Call to Order II. Welcoming Remarks III. Order of Business  Roll Call (HRC) Board Members Present: o Catherine Hall o Dr. Howard Jordan o Shannon Isom o Terrilynn Griffith o Dr. Gabriela Pickett Ex-Officio Members Present: o Verletta Jackson, City Manager’s Office o Joseph Parlette, City Manager’s Office o Lamonte Hall, Jr., HRC o Dawn Manuel, HR City Staff Present: o Commissioner Matt Joseph o Norma Dickens, Law Department o Samba Silla, HRC o Natieya Still, Legislative Aide o Genesis Salone, Legislative Aide  Quorum met  Approval of minutes o Motion to approve 02.06.2024 Minutes as amended to correct titles, and reflect dialogue around split vote and the role of CAB in terms of only being able to specifically look at policy and adherence to policies and procedures. IV. New Business  Board availability for Scenario Based Training o Board interested in exploring Scenario Based Training availability with DPD. Preference would be for an evening session of no more than four hours ideally during the next scheduled CAB meeting on April 2, 2024 where there is no pending appeal. This training would be in lieu of and not considered a meeting.  Updates on Complaint Reporting Procedure o Rescheduled to next regularly scheduled CAB meeting.  Approval of CAB By-laws (identification of changes from last meeting) o Removal of language referencing assigned staff that are no longer employed by City of Dayton o Addition - Reporting Procedure - The decisions of the Community Appeals Board shall incorporate detailed summaries of the positions of the Board Members. The report will be drafted based on the feedback and guidance of the Board and presented to the Board for approval at its next regularly held meeting. 1. Establishes a process for communicating Board deliberations to the Commission o Addition - If the Board determines that necessary elements of a complaint or appeal have not been investigated or received a written response, the Board shall refer the matter back to the City of Dayton Police Department for all necessary investigation and response. o Addition - If the Board has concerns regarding a potential conflict of interest on a matter, it shall inform the Department of Law for a determination on the necessity of the appointment of outside counsel. 1. Board continues to have concerns with availability of access to outside counsel. o Deletion - If a member believes that it would be harmful for a meeting even to discuss a main motion, he/she can raise an objection to the consideration of  the question; provided debate on the main motion has not begun or any subsidiary motion has not been stated. A two-thirds vote against consideration sustains the member’s objection. (The two-thirds vote is required because the decision in effect amends the agenda.) 1. Removed as Board does not find language helpful o Vacant board positions remain open until filled. Length of vacancies is an issue of concern. Catherine Hall Motion to Approve Bylaws passes unanimously  Update on Responses from Commission o Awaiting response in the Ry-Ann Johnson, #2023-03. Commission anticipates response prior to next meeting.  Update on Outreach Sub-committee o Group will begin to convene in order to discuss and plan outreach as HRC staffs up in the coming months. Sub-committee planned to convene in September. 1. Outreach should be driven with intentionality and informed by metrics in order to evaluate effectiveness. How do we identify qualitative assessments of oversight? How do we measure change, both long and short term? How do we measure trust? a. Media mentions, how many show up at meetings, how many new complaints, how many policy recommendations, those kinds of structures so then we can measure our effectiveness over time. o CAB outreach is planned in coordination with HRC and City. Depending on nature of activity, visible stakeholders and drivers of outreach will vary. o Need for outreach materials in anticipation of upcoming events. Some outreach materials already exist. o CAB should determine whether, at National Night Out, rather than visiting every neighborhood, group should choose a location and focus on having a more established presence there with materials and staff  o Catherine Hall, Terrilynn Griffith, Dr. Gabriela Pickett volunteered to staff sub-committee  Draft of Annual Report o Attendees identify key NACOLE Recommendations 1. NACOLE panelists and attendees often betray political biases in ways that can be alienating to attendees with institutional/law enforcement backgrounds. Need to balance advocacy with inclusivity. Content of panels can sometimes be extraneous to the focus of civilian oversight of law enforcement. 2. Regional meetings are valuable 3. Oversight models exist where investigations are done by trained, paid civilian investigators 4. Oversight boards/committees should have their own line-item budget with independent administration 5. Feedback mechanism should be in place to provide officers with insight into their performance in citizen interactions. a. My90 Axon camera feedback has received approximately 800 responses with 70% favorability rating 6. Review complainant ease of access to doing a complaint, clarity of the information, readability of those for the complainants, quality of the intake. 7. Explore representation for appellants at hearings 8. Meeting minutes and agendas should be available on HRC website 9. Compensate officers to appear at CAB hearings when there is an appeal pending 10. First responders should cease use of ‘excited delirium’ protocols 11. Use of force utilization and other analytics should be tracked and publicized as recommended by IAA a. How do we evaluate success? 12. Make a transparency portal  13. Use of alternate response teams where citizen assistance request does not require use of policing power  Discussion with Commissioner Matt Joseph o Board will proceed under current model of City Law legal counsel but there is potential for change if model is structurally unsound. 1. If there is no actual conflict of interest, should funds be expended to manage perception? o Board requiring 4 votes for action has the potential to create issues. Board has had vacancy for over a year. o Board terms are scheduled to end and terms will be staggered. HRC will gauge board members’ interest in continuing their terms. Commission will reappoint candidates around January of 2025. o IAA only attends meetings as requested or needed. Value of IAA to CAB is that as IAA gains more experience and understanding, IAA can assist CAB in drafting recommendations informed by IAA’s expertise. 1. Desire for IAA to be familiar with unique needs and history of Dayton communities o Residency requirements continue to limit available pool of eligible CAB members. o Overall decreased interest in citizens in participating in community police reform work 1. Partially informed by citizens that previously drove reform work feeling alienated V. Announcements  April training will take the place of meeting if no hearing is pending. VI. Adjournment