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Citizen's Review Board

Regular Meeting

Wichita, KS · April 25, 2019

AgendaMinutes

Minutes

Wichita Citizen Review Board Minutes April 25, 2019 4 p.m. Evergreen Branch Library Parkview B 2601 N Arkansas Wichita, KS 67204 Present: Jay Fowler, Shaun Rojas, Tonja Sowder, Robert Thompson, Dennis Bender, Odell Harris, Jr., Janet Miller, Timothy Sims, Sharon Ailslieger, Paul Kitchen, Chief Ramsay, Lieutenant Blake Mumma. 1. Call to Order—Chairperson Fowler The meeting was called to order at approximately 4:02 p.m. 2. Approval of March 28 Meeting Minutes Bender made a motion to approve the March 28 minutes. Second by Thompson. The motion passed unanimously. 3. Public Agenda - 15 minutes is set aside for this portion of the meetings No one signed up for Public Agenda. 4. Staff Report Update – Lieutenant Mumma Mumma distributed the staff report for review. Ramsay noted that they have recorded every time someone calls to complain and the complaints are not removed from the report. This has caused the numbers to increase. Sowder asked about case 311 on animal control. Mumma stated that this complainant walked into Professional Standards and was interviewed. The Axon video was reviewed with the complainant. Ramsay stated that every complaint is on the report, whether it be an external or internal investigation. Fowler asked if the report could be expedited to the Board so they can review it prior to the meetings and noted they had asked for this before. Ramsay invited Sims to tell the Board about his experience with DC Salcido. Sims discussed a shooting incident that he was called to by DC Salcido on Minnesota Street. DC Salcido transported him to the crime scene and he was with him every step of the way. Sims was able to help with crowd control with some of the victim’s family members. He watched detectives discuss the scene. DC Salcido took him to City Hall where he saw the cameras that are set up in Old Town. 5. Discussion – Follow-Up Discussion on Policy – Chief Ramsay & Lieutenant Mumma Wichita Citizen Review Board April 25, 2019 Page 1 of 4 Fowler noted that the Board had recommended policy on disclosure of names in officer involved shootings. Ramsay noted staff had been discussing the policy internally after hearing from the Board. There had been discussion on releasing officer’s demographics, five-year discipline history, prior involvement in officer-involved shootings, and length of service. Fowler noted that in the swatting case the officer’s name was used in social media and by the media. The department did not respond to this because the department had not released the name of the officer. Ramsay noted that there must be a balance between transparency and the safety of the officers and their families. Miller asked if not releasing the name prevented the name from becoming public. Ramsay responded no and that there is a push for the name to be released if there is controversy. Sowder noted that releasing statistics about the officer might be enough. Ramsay added if the officer is charged criminally, then the name would become public. Ailslieger noted she agreed with Sowder regarding releasing the information of the officer first rather than the name. Maybe the name could be released after a period of time. Bender asked what the policy is if an officer receives a death threat. Ramsay noted there is a case review to assess the threat. And sometimes the department is obligated to protect the family. Rojas noted that the public sees not releasing the name as not being transparent. Sims stated that the public sometimes considers “paid administrative leave” as a vacation. Ramsay noted that the state law allows the release of the information of the officer. The Legal Department does not wish to release the information because there is risk involved. But ultimately the decision is up to the Chief. Fowler noted that officers are public employees and there is public accountability. Miller noted she would like to have a timeframe from the chief of when he will come back to the board with a recommendation. Ramsay noted that the legal department is opposed to releasing the name, the demographics, and history information. Miller made a motion to amend the Board’s previous recommendation on this policy matter to ask the chief to consider or draft a policy that would include releasing demographic information, length of service, involvement in previous officer involved shootings and disciplinary action and come back to us with a response in 60 days with an updated response. Second by Sims. Wichita Citizen Review Board April 25, 2019 Page 2 of 4 Sims made a motion to amend the wording on the previous motion. Second by Miller to amend the wording. Sims made a motion: In the interest of transparency, the board moves to amend its previous recommendation on this policy matter to ask the Chief to consider or draft a policy that would include releasing demographic information, length of service, involvement in previous officer involved shootings and disciplinary action and come back to us with a response in 60 days with an updated response. Motion passed unanimously. Miller asked about the juvenile arrest policy and for feedback after the March 2019 review. Ramsay noted that the department is working with the school district on restorative justice training for the security resource officers rather than sending them to court. 6. Discussion – Discipline – Lieutenant Mumma Ramsay stated the Axon video would be shown in Executive Session. Mumma noted there was a “rude conduct” complaint brought on April 18, 2019. An officer wrote a warning ticket and the complainant stated the officer was rude when she was receiving the warning ticket even though she was almost struck by another vehicle. Ramsay noted that the cameras have been helpful in resolving complaints. The cameras have been upgraded and the quality is improved significantly. The cameras are body-worn, not dash cameras and the officers must manually activate the camera. The next generation is an automatic turn-on. He asked Captain Wendell Nicholson to update the board on the new cameras and blue tooth technology. Nicholson noted that the department is upgrading the iPods and phones to be compatible with the new Axon camera technology using blue tooth to download videos. The department is considering an upgrade to signal technology that will automatically activate cameras within an 80-100 foot radius if there is a Taser deployed. Fowler made a motion to move into Executive Session for 10 minutes to receive information regarding a report from the Wichita Police Department Professional Standards Bureau, to discuss matters related to personnel and to protect the privacy interest of identifiable individuals. Second by Sims. Motion passed unanimously. (Video was watched during executive session) The Board returned from Executive Session. Fowler reminded the Board that they could not discuss personal identifiable information outside of the Executive Session. Sims asked what the response letter to the citizen stated. Mumma responded that the letter states that the officer’s behavior was within the department’s policies and procedures and state law policies and procedures. He noted they had discontinued Wichita Citizen Review Board April 25, 2019 Page 3 of 4 using language like “sustained”, “unfounded” and “exonerated” in the letters to complainants. If the officer had been mentored or disciplined, the letter would state so accordingly. There was discussion amongst Board members on their different interpretations of the officer’s conduct in the video. Fowler noted there was no recommendation for action on the complaint 7. New Business – Chairperson Fowler No new business. Fowler noted the next meeting is scheduled for May 23 at the Advanced Learning Library. 8. Adjourn Sims made a motion to adjourn. Second by Sowder. The motion passed unanimously and the meeting adjourned at 6:30 p.m. Wichita Citizen Review Board April 25, 2019 Page 4 of 4

Agenda

Wichita Citizen Review Board Minutes April 25, 2019 4 p.m. Evergreen Branch Library Parkview B 2601 N Arkansas Wichita, KS 67204 Present: Jay Fowler, Shaun Rojas, Tonja Sowder, Robert Thompson, Dennis Bender, Odell Harris, Jr., Janet Miller, Timothy Sims, Sharon Ailslieger, Paul Kitchen, Chief Ramsay, Lieutenant Blake Mumma. 1. Call to Order—Chairperson Fowler The meeting was called to order at approximately 4:02 p.m. 2. Approval of March 28 Meeting Minutes Bender made a motion to approve the March 28 minutes. Second by Thompson. The motion passed unanimously. 3. Public Agenda - 15 minutes is set aside for this portion of the meetings No one signed up for Public Agenda. 4. Staff Report Update – Lieutenant Mumma Mumma distributed the staff report for review. Ramsay noted that they have recorded every time someone calls to complain and the complaints are not removed from the report. This has caused the numbers to increase. Sowder asked about case 311 on animal control. Mumma stated that this complainant walked into Professional Standards and was interviewed. The Axon video was reviewed with the complainant. Ramsay stated that every complaint is on the report, whether it be an external or internal investigation. Fowler asked if the report could be expedited to the Board so they can review it prior to the meetings and noted they had asked for this before. Ramsay invited Sims to tell the Board about his experience with DC Salcido. Sims discussed a shooting incident that he was called to by DC Salcido on Minnesota Street. DC Salcido transported him to the crime scene and he was with him every step of the way. Sims was able to help with crowd control with some of the victim’s family members. He watched detectives discuss the scene. DC Salcido took him to City Hall where he saw the cameras that are set up in Old Town. 5. Discussion – Follow-Up Discussion on Policy – Chief Ramsay & Lieutenant Mumma Wichita Citizen Review Board April 25, 2019 Page 1 of 4 Fowler noted that the Board had recommended policy on disclosure of names in officer involved shootings. Ramsay noted staff had been discussing the policy internally after hearing from the Board. There had been discussion on releasing officer’s demographics, five-year discipline history, prior involvement in officer-involved shootings, and length of service. Fowler noted that in the swatting case the officer’s name was used in social media and by the media. The department did not respond to this because the department had not released the name of the officer. Ramsay noted that there must be a balance between transparency and the safety of the officers and their families. Miller asked if not releasing the name prevented the name from becoming public. Ramsay responded no and that there is a push for the name to be released if there is controversy. Sowder noted that releasing statistics about the officer might be enough. Ramsay added if the officer is charged criminally, then the name would become public. Ailslieger noted she agreed with Sowder regarding releasing the information of the officer first rather than the name. Maybe the name could be released after a period of time. Bender asked what the policy is if an officer receives a death threat. Ramsay noted there is a case review to assess the threat. And sometimes the department is obligated to protect the family. Rojas noted that the public sees not releasing the name as not being transparent. Sims stated that the public sometimes considers “paid administrative leave” as a vacation. Ramsay noted that the state law allows the release of the information of the officer. The Legal Department does not wish to release the information because there is risk involved. But ultimately the decision is up to the Chief. Fowler noted that officers are public employees and there is public accountability. Miller noted she would like to have a timeframe from the chief of when he will come back to the board with a recommendation. Ramsay noted that the legal department is opposed to releasing the name, the demographics, and history information. Miller made a motion to amend the Board’s previous recommendation on this policy matter to ask the chief to consider or draft a policy that would include releasing demographic information, length of service, involvement in previous officer involved shootings and disciplinary action and come back to us with a response in 60 days with an updated response. Second by Sims. Wichita Citizen Review Board April 25, 2019 Page 2 of 4 Sims made a motion to amend the wording on the previous motion. Second by Miller to amend the wording. Sims made a motion: In the interest of transparency, the board moves to amend its previous recommendation on this policy matter to ask the Chief to consider or draft a policy that would include releasing demographic information, length of service, involvement in previous officer involved shootings and disciplinary action and come back to us with a response in 60 days with an updated response. Motion passed unanimously. Miller asked about the juvenile arrest policy and for feedback after the March 2019 review. Ramsay noted that the department is working with the school district on restorative justice training for the security resource officers rather than sending them to court. 6. Discussion – Discipline – Lieutenant Mumma Ramsay stated the Axon video would be shown in Executive Session. Mumma noted there was a “rude conduct” complaint brought on April 18, 2019. An officer wrote a warning ticket and the complainant stated the officer was rude when she was receiving the warning ticket even though she was almost struck by another vehicle. Ramsay noted that the cameras have been helpful in resolving complaints. The cameras have been upgraded and the quality is improved significantly. The cameras are body-worn, not dash cameras and the officers must manually activate the camera. The next generation is an automatic turn-on. He asked Captain Wendell Nicholson to update the board on the new cameras and blue tooth technology. Nicholson noted that the department is upgrading the iPods and phones to be compatible with the new Axon camera technology using blue tooth to download videos. The department is considering an upgrade to signal technology that will automatically activate cameras within an 80-100 foot radius if there is a Taser deployed. Fowler made a motion to move into Executive Session for 10 minutes to receive information regarding a report from the Wichita Police Department Professional Standards Bureau, to discuss matters related to personnel and to protect the privacy interest of identifiable individuals. Second by Sims. Motion passed unanimously. (Video was watched during executive session) The Board returned from Executive Session. Fowler reminded the Board that they could not discuss personal identifiable information outside of the Executive Session. Sims asked what the response letter to the citizen stated. Mumma responded that the letter states that the officer’s behavior was within the department’s policies and procedures and state law policies and procedures. He noted they had discontinued Wichita Citizen Review Board April 25, 2019 Page 3 of 4 using language like “sustained”, “unfounded” and “exonerated” in the letters to complainants. If the officer had been mentored or disciplined, the letter would state so accordingly. There was discussion amongst Board members on their different interpretations of the officer’s conduct in the video. Fowler noted there was no recommendation for action on the complaint 7. New Business – Chairperson Fowler No new business. Fowler noted the next meeting is scheduled for May 23 at the Advanced Learning Library. 8. Adjourn Sims made a motion to adjourn. Second by Sowder. The motion passed unanimously and the meeting adjourned at 6:30 p.m. Wichita Citizen Review Board April 25, 2019 Page 4 of 4