Citizen's Review Board

Wichita Citizen Review Board Minutes August 2, 2018 4:00 p.m. City Hall Board Room 455 N Main Wichita, KS 67202 Present: Tonja Sowder, Jay Fowler, Jennifer Magaña, Timothy Sims, Robert Thompson, Dennis Bender, Odell Harris Jr., Shaun Rojas, Stephanie Luna, Barry Grissom, Jamie Lopez, Paul Kitchen, Sharon Aisleger, Janet Miller, Doug Nolte. 1. Call to Order—Chairperson Fowler The meeting was called to order at 4:04 pm. 2. Approval of Minutes Bender – edit on page 2 – ballard noted a minor edit – “because” instead of “becomes” Motion by sim – fowler 2nd with correction. 3. Public Agenda—15 minutes is set aside for this portion of the meetings. Dave Cook - This board was set up to build trust when you do much in executive sessions and you don’t tell community what is going on with the officers. Suggests the board find out what can be discussed per open records act. Suggests the board find out how to get more attendance. Janice Bradley – last time made a brief statement that there would be an ICE facility protest and asked police to respect the 1st amendment right of protesters. Group was told they could not protest on the private property. Commended police for not arresting anyone at that location. Moved to Central and Woodlawn for more visibility. The police did seize property and she believes it was the business owner that made that happen. Perhaps a complaint will be filed. Russ Pataky – Mark Bennet’s office is his topic. They stack charges against a person forcing them to plea to a lesser offense. 4. Staff Report—Captain Nolte Nolte updated that WPD has a new banner on website with information on agendas, minutes, materials discussed. Nolte asked to create a tool to get input in an anonymous fashion to find out where the board is – things that may need to be adjusted, modified, etc. When WSU recommended a board, there was no blueprint on how to do it. Discussed that the ordinance was not as robust as it possibly should be especially pertaining to the executive session. Thinks it needs to be addressed in the ordinance revision. Proposing to create a sub-committee to review the ordinance and suggest revisions and clean up the language and process – to meet more often. Sowder asked what would be done Fowler – find out what the scope is that the board can look at. As it stands now, The board can only review cases that are closed. Sowder – if we make changes to the ordinance – revieiw recent cases, open cases – is that open to discussion? Nolte – law will have to vet it. Important to get the board’s recommended changes. Anything is up for discussion. Fowler – information related to open cases that is in the public arena. As it states now, the board may not discuss this. Not Nolte – read the ordinance regarding post discipline matters. The goal of last month’s executive sessions was to educate the board on the process. Thinks the ordinance needs to address the alternates for the executive seessions. Fowler – alternates becomes an issue due to KORA specifications which is state law. The board does have the authority to review policy issues and operational issues. Restricted from making personnel issues. Sowder – doesn’t want to impede the investigation so theres a fine line. Nolte – asked for those who are interested to reach out to nolte and/or fowler. Will schedule a meeting and will advertise when it will be. Bender – there were issues with the citizen’s police academy that should be addressed in the ordinance Nolte – homicides in the community and have run into resistance from citizens helping with the case. Asked by Salcido if theres a homicide, if there might be someone from the board who would be willing to take a call with Salcido to go to scene and investigation – with an eye totwards going out into the community a week or so later as a follow-up in the community. Want to include people who are interested in helping. The board expressed interest. He noted he would put together an email. Miller asked if it could also involve officer – involved shooting. Ailsieger – concerned about why community would speak to a board member that possibly isn’t form the affected community. Nolte – some hesitancy comes from lack of trust with the police. Feel that as identifiying you as the police advisory board member, you could be viewed as a spokesperson for the community. Sims could it be that we are called regarding the particular district from which they were recommended. Nolte – thinks that could be how it would work. Will work on logistical issues and noted there is interested. Nolte – one page report is external and internal open cases – commissioned and civilian officers – under investigation and will take action after the case is closed. Bender – thinks the board is more looking at trends Miller – thinks keeping a runny tally of results of the investigations so the board can see the outcomes would help the board see the trends. Nolte – The difference between the two reports is the longer report is listing all of the complaints that are filed. All are given a PSB number. The one page report is the list of complaints that have warranted an investigation – either internal or external. Miller – critical to know how many complaints turn into investigations. Would help in determining trends. Reports should also be consistent in time frames. Rojas – concerned that the report is coming from the police only. Sowder – cases that are closed – when, did it go to trial, who made the decision to close the case? Nolte – noted that IA Pro cannot be viewed by COW IT Miller – asked that there be a report Bender - motion to request a process be developed for data for report for more interpretable information Nolte – still unsure what the board wants specifically. Needs feedback. IA Pro is the standard that the profession uses. Most experienced in the program because most do not have access to the info. Aisleiger – unsure what nolte wants the board to glean from the report Fowler – list of how many complaints came in – how many became an investigation - status of investigation – nature of the complaint – resolution – bureau board can look at it and see if there is a series of conduct. Data is there, but needs to be in a list form Lopez – could it be by bureau? To categorize it by the complaint Nolte – will start running reports with Keely – sensing that the board wants to see examples and see what they want Miller – could there be a spreadsheet created with the list of requests, projects, tasks, prioritization tool? Fowler – seconded motion by bender. Rojas – need to have a strategy for what we do with the info once the board has it Motion passed unanimously Nolte – give him feedback on the reports he sends out to them. 5. Policy Review (Policy 806)—Review and Discussion of Proposed Policy Regarding Use of Cameras -Captain Nolte Nolte updated the unmanned drone policy – received info from grissom – took input form website. Remodeled the policy and bring a final draft policy next meeting for review. Nolte – policy 806 – relatively new program – use of cameras – remote access for patrol access in the field and in old town. There was no policy in place when the cameras were put in place which they are now doing. Seeking input from board. Sims – page 2 number 5 – city of Duluth needs to be corrected. Bender – footage reported by police crime center – page 3 = should say “video footage” Fowler – does dept have plans to place cameras outside old town Nolte – yes Sims – can information be kora’d. Magana – video exempt from mandatory disclosure. There may or may not be criminal investigative record. Looked at on a case by case basis. Sims – would like it to be mandatory. No expectation of privacy in public now. Fowler – from a public safety issue, it is a valuable tool. Not sure it should be made available for public purpose. And it would be discretionary. Nolte – discretionary if the video is disclosed. Chief can release it. Chief is advocating for more release of video. Does policy reflect that as a goal? Miller – what is the Wichita police crime center? Nolte – there soon will be. Who will have access to the video. Vincent hancock – reviewed the kora law. 6. Research presented on Officer Release of Names - Captain Nolte Nolte listed agencies contacted regarding this and those who responded. Went with Major Cities – written policy, timeframe, do they release axon video? He was surprised at number who didn’t have policies. Dallas says release names “after many years”. Orlando – no policy, but release names within 24 hours. General rule – all that do release go within a one week timeframe. What do we do in Wichita? Doesn’t release names, policy allows chief of police to do it. Historically they don’t do it. Miller – understanding that the district attorney has the final say. Nolte – stated no. policy number 716 possibly regarding axon video. Final say comes from law department. Releasing name final say is chief of police. Nolte – dept size is 843. Sims asked if dept has been sued for video. Bender – what is process for establishing policy? Chief has to sign off on it. Nolte – every policy is assigned for review by deputy chief, captain, etc. will go to law and final authority is the chief of police. Miller – city council can review policy. Nolte – dept has tried to move to be more inclusive of public. Sowder – chief of police has reviewed the data/statistics given to the board? Nolte he will ask chief Fowler – has dept considered best practice for release of officer names? Nolte – topic has crossed union side – contractual issue? Conversation is due – there’s been significant focus on releasing names. Could prompt a more thorogh review of releasing names. Fowler – could be a safety issue if undercover. Issue when name is public but dept hasn’t released it – often leads to misinformation. Need judgement. Ailsliger y do most people want to know the names? Nolte – speculates that victims’ names are out there, suspects names are out there, what is rationale for keeping law enforcements’ names hidden? Is every situation an “officer safety” situation? Until a few years ago, this wasn’t an issue. Cook – if chief of police wants to make a change – this board could bring the support the chief needs Sowder – would be much better in some cases if the dept releases the names rather than the media guessing or having the officer appear in court and then being named Miller – if name is released proactively, it could be better Rojas – mostly for transparency Grissom – collective bargaining agreement? Nolte – regarding naming the officer 0 no. the issue is that you havne’t done it int eh past, Grissom – any idea what the unions opinion is? Nolte – need more guidance on when / if the name should be released. Fowler – coud have a default policty for a certain period but allow discretion for certain situations. Better to be more transparent. Pataky – transparency is the whole thing. Trust issue with the community. Will have to have discretion and sometimes you may not be able to disclose. Putting a little bit out all the time is better for transparency. Rojas – seems pretty common to relase the names Nolte – helpful to get a recommendation from the board. Would like to report back. Fowler – motion - CRB recommends that a policy be developed to require timely release of officer’s names involved in critical incidents, subject to allowing discretion to the chief not to disclose officer’s identity when, in the judgement of the chief and the interest of safety or security requires continued confidentiality. Sims – second. Passed unanimously. Miller – would like to look at other models on who has discretion – instead of police chief. Grissom – presumption would release the name Rojas – thnks its more about when the name is released rather than just releasing the names. 7. New Business Sims – pastor 7/23/18 what a theater can demand of its patrons – Ruth Dennis’ pastor brought to Sims Nolte – a formal complaint hasn’t been made to his knowledge. When businesses contact asking for off duty officers – vetted by bureau command. The job is posted and filled by interested officer paid by business like a contact. Lines should be clearly defined – shouldn’t be there to enforce rules of business rather than the laws. Not hired to enforce private business’ rules. That should be the business’ job. Chief has convened a group to review this. Should compensation come from city rather than the private business? What is the scope of the officer working there? What are the specific duties the officer should be doing? Who is responsible if the officer is injured in an off-duty position work compensation – city or private business? Off- duty jobs have not been a topic of discussion. Sims – said the article stated the 14 y.o. was arrested. Nolte said he would have to check into the incident. If the business stated there was trespassing, then he was Grissom – if they are in uniform, that’s the problem. If you see him in uniform – they assume they are a police officer on duty. Puts the city in jeapordy if something goes awry. If they are providing security as a police officer, that could be the problem. Nolte – chief is asking to have a group review it. Grissom – rent a cop is hiring a law enforcement officer. Security should call the police. Instead of having the police serve as security. There needs to be a policy in place for officer as security. Once you step in as security, you should not be as an officer. Miller – would like info on the particular case brought by sims. Off- duty officers as officers on security. Grissom – should be a topic of discussion. Fowler – would discuss the notion of community outreach Sowder – move to move meetings in the community. Fowler – next meeting will be at tbd location Luna – will help with buy in from community Harris – would be good to familiarize ourselves to go to other sites Rojas – evergreen library? Fowler – date? Possible 8/30? Unanimously agreed on 8/30. Evergreen library possibly as location 8. Adjourn Motion to adjourn by sims. Sowder second. Unanimous. 609 p.m.