Civilian Police Review Board Meeting

Regular Meeting Civilian Police Review Board DATE: Wednesday, November 18, 2020 TIME: 5 :30 pm PLACE: *to be held virtually via Zoom, 400 S. Vine St., Urbana, IL 61801 AGENDA 1. CALL TO ORDER, ROLL CALL, AND DECLARATION OF QUORUM 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF PREVIOUS MEETINGS • Regular Meeting, October 28, 2020 4. PUBLIC PARTICIPATION • Read Quaker letter • Additional public input 5. UNFINISHED BUSINESS a. Follow-up from January request for TASER review b. “A Residents’ Petition for Reforming the City of Urbana Civilian Police Review Board” • The Board has decided to approach the recommendations contained in the Petition by breaking them down into three categories: 1) practices that can/could be changed without Ordinance changes; 2) practices that can/could be changed with Ordinance changes, but without changing the oversight model; and 3) practices that can/could be changed by changing the oversight model and/or the collective bargaining agreement with the FOP (see attached) • At this session, staff will present the response to each of the items in the first category: practices that can/could be changed without Ordinance changes c. Legal guidance regarding interpretation of “first-hand account” language d. Status of Complaints and Appeals e. Status of 2019 Annual Report • Internal work session planned for November 25 6. NEW BUSINESS • Schedule next TASER discharge review session 7. ANNOUNCEMENTS a. Upcoming Meetings o November 30, CPRB Appeals Hearing o December 3, Listening Session, Potential Ordinance Changes Arising from “Residents’ Petition” o December 17, Regular CPRB Meeting Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 384-2466.  b. Two CPRB Vacancies (see attached information and application) c. Recruitment of new Human Rights and Equity Officer (HREO) 8. PUBLIC PARTICIPATION 9. ADJOURNMENT *Due to the Governor Pritzker and Mayoral Emergency Covid-19 Orders, the Urbana City Council Chambers will be not be open to the public during this meeting. Board members will meet remotely using Zoom Webinar. You may watch the meeting on streaming services, or on Urbana Public Television, or attend via Zoom. Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 384-2466 or TTY at 384-2447. You are invited to a Zoom webinar. When: Nov 18, 2020 05:30 PM Central Time (US and Canada) Topic: Civilian Police Review Board Please click the link below to join the webinar: https://us02web.zoom.us/j/83059436929 Or iPhone one-tap : US: +13126266799,,83059436929# or +19292056099,,83059436929# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 830 5943 6929 International numbers available: https://us02web.zoom.us/u/kd26T2nft PUBLIC INPUT GUIDELINES The City of Urbana welcomes Public Input during open meetings of the City Council, the City Council’s Committee of the Whole, City Boards and Commissions and other City-sponsored meetings. Our goal is to foster respect for the meeting process, and respect for all people participating as members of the public body, city staff, and general public. The City is required to conduct all business during public meetings. The presiding officer is responsible for conducting those meetings in an orderly and efficient manner. Public Input will be taken in the following ways: Zoom Webinar Participant Click on the link listed in the agenda to join the Webinar. You must provide your name and email address in order to join the Webinar. If you wish to speak during Public Input, “raise your hand” and wait to be called on by the meeting host. You must state your first and last name for the meeting record. Participants will be muted except when they are called on to speak; video will remain off for all members of the public when speaking. Telephone Participant Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 384-2466 or TTY at 384-2447. Call the phone number listed on the Agenda. Enter the Webinar ID followed by the # key. All callers are muted by default. If you wish to speak, “raise your hand” by pressing *9 once. When you are called on by the host or presiding officer you will be un-muted. You must state your first name and last name for the meeting record. Email Input You may email public input between 8 am and 4 pm on the day of the meeting to Xpenn.diaz@gmail.com. Please put “PUBLIC INPUT” and the meeting date in the subject line. Written Input Any member of the public may submit their comments addressed to the members of the public body in writing. If a person wishes their written comments to be included in the record of Public Input for the meeting, the writing should so state. Written comments must be received prior to the closing of the meeting record (at the time of adjournment unless otherwise noted). Verbal Input Protocol for Public Input is one of respect for the process, and respect for others. Ridicule, obscene or profane language, lack of respect for others, and personal attacks are not acceptable behavior. Public Input shall not be used to air personal grievances. Speakers should address all comments to the public body as a whole and not to individual members or City staff. Public comment shall be limited to no more than four (4) minutes per person. The Public Input portion of the meeting shall total no more than one (1) hour, unless otherwise shortened or extended by majority vote of the public body members present. The presiding officer or the city clerk or their designee, shall monitor each speaker's use of time and shall notify the speaker when the allotted time has expired. All public comments should be addressed to the public body as a whole. A person may participate and provide Public Input once during a meeting and may not cede time to another person, or split their time if Public Input is held at two (2) or more different times during a meeting. The presiding officer may give priority to those persons who indicate they wish to speak on an agenda item upon which a vote will be taken. The presiding officer or public body members shall not enter into a dialogue with citizens. Questions from the public body members shall be for clarification purposes only. Public Input shall not be used as a time for problem solving or reacting to comments made but, rather, for hearing citizens for informational purposes only. Accommodation If an accommodation is needed to participate in a City meeting, please contact the City Clerk’s Office at least 48 hours in advance so that special arrangements can be made using one of the following methods: • Phone: 217.384.2366 • Email: CityClerk@urbanaillinois.us *In order to maintain reasonable decorum at a meeting, the presiding officer or any member of the public body may call a speaker “out of order”. The presiding officer of the meeting shall have the authority to provide a verbal warning to a speaker who uses abusive, harassing, threatening, or defamatory language, or who engages in disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of a meeting. If the speaker refuses to cease such remarks or conduct after being warned by the presiding officer, the presiding officer shall have the authority to mute the speaker’s Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 384-2466 or TTY at 384-2447. microphone and/or video presence at the meeting. The presiding officer will inform the speaker that they may send the remainder of their remarks via email to the public body for inclusion in the meeting record. *Definitions of Types of Language and Conduct That May Warrant Verbal Warning: “Abusive” means harsh, violent, profane, or derogatory language which would demean the dignity of an individual or which is intended to humiliate, mock, insult or belittle an individual. https://www.lawinsider.com/dictionary/abusive-language “Harassing” means to annoy or bother someone in a constant or repeated way; to make repeated attacks on another person. https://www.learnersdictionary.com/definition/harass “Threatening” means to say that you will harm someone or do something unpleasant or unwanted especially in order to make someone do what you want. https://www.learnersdictionary.com/definition/threaten “Defamatory” means a statement or communication that tends to harm a person's reputation by subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the person's business. A statement that is likely to lower that person in the estimation of reasonable people and in particular to cause that person to be regarded with feelings of hatred, contempt, ridicule, fear, or dislike. Black's Law Dictionary (11th ed. 2019) Citations that Authorize the Presiding Officer to Bar Offensive Language During Public Comment: The following citations provide the legal basis for adopting UCC Section 2-5(b)(1)(d) that allows the presiding officer of a City Council, Committee of the Whole, or a City-sponsored board or commission regulate “abusive, harassing, threatening, or defamatory language” during public comment. The following Attorney General binding opinions and case law essentially classify abusive, “harassing, threatening and defamatory language as “manner”, not “content”, of speech that can be reasonably regulated under the First Amendment. UCC Section 2-5(c) (Ordinance No. 2020-09-049. Attorney General binding opinion numbers 2019 PAC 59187, 2018 PAC 55462, 2016 PAC 45349; Milestone v. City of Monroe, Wisconsin, 665 F.3d 774, 783-784 (7th Cir. 2011); Vega v. Chicago Board of Education, 338 F.Supp.3d 806, 811 (N.D. Ill. 2018); Sandefur v. Vill. of Hanover Park, 862 F.Supp.2d 840, 847 (N.D. Ill. 2012); I.A. Rana Enterprises, Inc. v. City of Aurora, 630 F.Supp.2d 912, 920-923 (D.C. N.D. 2009). Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 384-2466 or TTY at 384-2447.