Citizen's Review Board

Wichita Citizen Review Board Minutes May 23, 2019 4 p.m. Advanced Learning Library 711 West 2nd St N. Wichita, KS 67203 Present: Jay Fowler, Shaun Rojas, Tonja Sowder, Dennis Bender, Janet Miller, Timothy Sims, Sharon Ailslieger, Jaime Lopez, Stephanie Luna, Paul Kitchen, Robert Thompson (arrived late), DC Livingston, Captain Pinkston. 1. Call to Order—Chairperson Fowler The meeting was called to order at approximately 4:04 p.m. 2. Approval of Minutes Sims made a motion to approve the April 25 minutes. Second by Bender. 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 – Captain Pinkston Pinkston noted there were 27 new complaints on the report. Miller thanked staff (Keely Bean) for her efforts on the report because the Board is getting the information they requested. Pinkston asked the Board to review the staff report and let him know which cases they would like to review at future meetings. Miller requested to review case numbers 1287 and 1235. 5. Discussion – Citizen Conclusion Letter – Captain Pinkston Pinkston reviewed draft versions of the citizen conclusion letters regarding complaints and asked for the Board’s input. Two versions were discussed – one advising the citizen there was no policy violation and the other advising the citizen of a sustained finding. He noted that a tri- fold brochure explaining the process and the findings is enclosed with the letter sent to the citizens. Sims referred to the unfounded policy violation letter and asked if citizens can appeal the finding if they disagree. He suggested adding a statement of who to contact if they disagree with the finding. Pinkston noted the citizens are offered the opportunity to meet with the Chief and talk with him about the complaint as he is the ultimate decision maker for the department. Fowler asked how often citizens ask to speak to someone regarding the finding. Wichita Citizen Review Board May 23, 2019 Page 1 of 4 Pinkston responded that it is not often. He stated citizens may call and ask why it was unfounded. Most citizens accept the finding after someone talks to them and explains the reasoning behind the finding. Fowler asked if there is a letter confirming receipt of the complaint and explaining the process. Pinkston noted upon receiving the complaint, they try to explain the process in person or on the phone. Fowler asked if they are advised about the corrective action if there is a sustained finding. Pinkston noted the corrective action cannot be disclosed because then it is a personnel matter. Rojas asked if the citizen can view the video of the incident. Pinkston responded staff will offer that option. Sims asked if citizens receive assistance or compensation if they sustain an injury because of the complaint. Pinkston noted they have every right to talk to an attorney. Bender suggested including a reference to the Citizens Review Board in the letters. Fowler noted the Board would not know the details unless they had specifically asked to review the particular case. Miller suggested the letter could state the Board could review the case if the citizen requested. She noted they could review the case and make a recommendation, but they have no authority to change the outcome. Pinkston suggested adding the Citizens Review Board statement to the tri-fold document rather than including the statement in the conclusion letter. Fowler agreed with Pinkston that the statement would be better in the tri-fold and it could be noted that the Board is advisory and cannot change the outcome. Sowder asked if citizens should be invited to attend a Citizens Review Board meeting to present their complaint. Fowler suggested the complaining citizen could be included in an Executive Session if their presence was needed for the review. Fowler made a motion to request staff to provide proposed language of the Citizen Review Board in the review process if the citizen requests. Second by Sims. The motion passed unanimously. Miller asked if the Law Department should advise if a citizen can attend Executive Session. Fowler noted they would ask Law. (Thompson arrived at approximately 4:35 p.m.) Bender suggested having a member of the Board present with the Chief during the meeting with the complainant. Wichita Citizen Review Board May 23, 2019 Page 2 of 4 Kitchen suggested removing the third paragraph. Pinkston agreed that the information in the third paragraph is already included in the tri-fold document sent to the citizens and could be removed from the letters. Citizen – Vincent Hancock – suggested including the case numbers in the letters. Pinkston noted they could include the Professional Standard Bureau case number. Sims asked for a timeframe that the proposed wording of the letter would be brought back to the Board. Pinkston noted they could have it back by the next meeting or the meeting in two months. Kitchen noted that the Professional Standard Bureau case number should be included on both letter versions. 6. Discussion – Policy Review – Captain Pinkston Pinkston introduced Livingston to discuss police practices and procedures for vehicle pursuits. Livingston offered some history on Policy 605 Emergency Vehicle Operations. He noted the policy is reviewed annually and every time there is a vehicle pursuit. In late 1999/early 2000 there was a fatality accident that led to a policy review by focus groups including business leaders, community leaders, officers and supervisors. A new policy was adopted and every two years this policy is reviewed and is included in the State curriculum at mandatory training for officers. There is a total of 36 hours of training related to driving, pursuits and emergency responses. This policy review takes place during a two hour block of that training. Every officer involved accident goes to an Accident Review Board to see who is at fault. Livingston reviewed the policy and KSA 8-1506. He noted that if officers are in pursuit, they must have lights and sirens on to be in compliance with the policy and state statute. He stated there is more leeway given for violent crimes pursuit than property crimes. He noted they try to limit the number of emergency vehicles to two when pursuing a vehicle. If there is a fatality or serious accident, the KBI investigates the pursuit and the collision. Luna asked if there had been a policy review after the most recent fatality accident. Livingston responded yes and that the policy is up for review in July. Ailslieger asked about pursuits for speeding violations. Livingston noted that pursuit is mostly used for violent offenders, not speeding violations. Sims asked about Prohibited Practices – page 8 – regarding shooting at a vehicle. Livingston noted if officers are shooting at vehicle, they have to be in compliance with the use of force regulations. Bender asked about line of sight pursuits. Livingston responded that officers are encouraged to stop pursuit if they lose sight of the vehicle. Sims asked if this pertains to ATVs and motorcycles as well. Wichita Citizen Review Board May 23, 2019 Page 3 of 4 Livingston responded yes. However motorcycles can accelerate quickly and if there is no way to apprehend, officers should call off the pursuit. 7. Executive Session – Vehicle Pursuit Video – Captain Pinkston Fowler made a motion to move into Executive Session to view Axon video from fatal vehicle accident. The Board was to return no sooner than 20 minutes. Second by Sims. The motion passed unanimously and the Board went into Executive Session at approximately 5:15 p.m. The Board came out of Executive Session at approximately 5:43 p.m. Fowler noted no action was needed regarding the Executive Session and the Board concurred. 8. New Business – Chairperson Fowler Fowler noted that the Citizen Review Board ordinance requires the Board to have new officers elected before the July meeting. The June meeting will have the election of new officers as an agenda item. Sowder asked about the term limits. Fowler noted the website has not been updated. There are still no pictures and no new information. He noted the terms expire at different times for Board members. He stated they need to elect a Chairperson, Vice Chairperson and Secretary. Rojas asked if they need to find new board members. Fowler noted there are currently 12 Board members and they are authorized to have 13. The City Manager may appoint Board members and staff will ask City Manager if he wishes to re- appoint current Board members whose term length is expiring. Sowder, Rojas, Bender, and Harris recently completed the Citizen Police Academy. Sims noted he was unable to complete the academy due to health issues. Luna congratulated the Homeless Outreach Team for being recognized recently. 9. Adjourn Bender made a motion to adjourn. Second by Sowder. The motion passed unanimously and the meeting adjourned at 5:50 p.m. Wichita Citizen Review Board May 23, 2019 Page 4 of 4