Citizen's Review Board

* AMENDED * Wichita Citizen Review Board Minutes January 23, 2020 4 p.m. Advanced Learning Library 711 West 2nd St N Wichita, KS 67203 Present: Jay Fowler, Jaime Lopez, Stephanie Luna, Robert Thompson, Sharon Ailslieger, Paul Kitchen, Timothy Sims, Shaun Rojas, Captain Pinkston, Captain Duff, Chief Ramsay, Jennifer Magana, Keely Bean. 1. Call to Order – Chairperson Fowler The meeting was called to order at approximately 4:05 p.m. 2. Approval of Minutes No additions or corrections made to minutes. Lopez made a motion to approve the December 12, 2019 minutes. Second by Sims. 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 began the update stating 28 entries carried over from the previous month and 30 new complaints were received. The same number of external and internal complaints were received for the month of December. New Year-to-Date report was received. Sims questioned the number of internal complaints versus the number of external complains for the start of the 2020 year. A member from the public questioned stipulated discipline and the discipline surrounding the outcome of an investigation. 5. Review of Policy 305 – Chief Ramsay and Captain Pinkston Pinkston stated Policy 305, Juvenile Arrest Policy, was approved in November 2019. Input regarding the Policy was asked. Ailslieger questioned the writing when it comes to policy revisions as there were multiple misplaced commas, not full sentences, etc. Fowler asked about specific changes. Thompson noted the changes to the Policy. The Policy added a section “S”. Thompson inquired why the Board did not review the Policy prior to the approval of the revisions. Additionally, Thompson noted the “Definitions” section was removed from the Policy. Wichita Citizen Review Board January 23, 2020 Page 1 of 4 Pinkston stated that a different policy for “Definitions” was made. Chief stated minor changes had been made. Thompson was disappointed that the Policy changed in 2019 and the Board didn’t have the opportunity to review any changes prior to approval. Thompson inquired about who contacts the parent when referring to the Policy. Magana referenced state law when the age of 14 was questioned when speaking with juveniles. Thompson mentioned other surrounding states use the age of 16 prior to interviewing juveniles. Thompson asked if it was possible to go beyond the state statute and make the age 16 rather than 14. Thompson’s complaint was brought forward during this portion of the meeting. Chief has spoken with Thompson regarding his concerns and is open to comments and feedback. Thompson asked about his complaint going into Executive Session; however, Fowler commented that his complaint could not go into Executive Session unless there was a finding. Pinkston stated that his complaint remains open and active. Back to the Policy, Thompson asked why the Department is reluctant to make a two year change regarding a juvenile’s age. Duff stated that the Department remains consistent with state law. Chief stated he was open to more suggestions from the Board and public members. Ailslieger questioned the notification of school policy when officers request to speak with juveniles while inside the school. Thompson brought forward the Wichita Public School policy regarding law enforcement presence prior to speaking with a juvenile and when to contact the parent. Thompson asked: Who is contacting the parent? When is the parent being notified? Timeframe? How long after questioning? Chief mentioned the schools need to address their policy; however, SRO’s are working with the schools. Fowler mentioned notifying the parent, but not requiring consent. Under 14 is a tender age versus 14, 15, or 16. Fowler suggested that those under 16 should have the option to speak with a parent prior to speaking with law enforcement. Sims questioned if there was a similar policy in the school’s policy regarding questioning a juvenile versus interrogation. Thompson brought forward Duluth PD’s policy when contacting a parent prior to questioning a child. Thompson asked if the Department would consider using Duluth’s verbiage when addressing our policy. Fowler questioned the scope of the interview process regarding potential witnesses versus individuals who are allegedly committed a crime. Fowler asked if they were different. Chief answered that they were different, as is the overall aspect. Wichita Citizen Review Board January 23, 2020 Page 2 of 4 Chief stated he would consider the language mentioned when referring to juveniles who are being interrogated versus questioned. Ailslieger believes 16 is an appropriate age regarding the WPD’s juvenile policy. Fowler stated that if an officer believes a 15 year old is responsible for a criminal act, at school, then the juvenile should have the option to have his/her parents contacted. Fowler stated this would protect the child’s right and keep the parent updated. Fowler stated this would build the relationship between the child, the guardians, and the Department. Thompson brought up a scenario where children are questioned by officers while playing at a park. Fowler understood Thompson’s concern; however there is a difference between speaking with a child freely and interviewing/questioning them. Fowler believes there are different levels of inquiry. Public members brought up different ages of consent. Fowler recommended moving this discussion to another month. Fowler asked Thompson to prepare a short statement on policy revisions and verbiage. Chief reminded the Board that juvenile detention numbers have decreased and juvenile arrests have decreased. 6. Racial Profiling Efforts – Chief Ramsay Chief gave an update on the racial profiling efforts between the Department and a professional contractor. Chief stated that discrepancies were found when releasing numbers to Walt Chappell. Chief stated the Department has partnered with WSU and Dr. Michael Birzer to review all data. Duff mentioned the data comparison may take approximately 4-6 weeks. Ailslieger asked if this could be criteria used to collect numbers. Chief responded that the Department will have to wait for Dr. Birzer’s findings before answering Ailslieger’s question. Fowler asked what type of data was being reviewed. Chief stated that tickets, accidents, arrests and citations, etc. were being reviewed. Fowler asked if the data would show race. Chief didn’t want to speak for Dr. Birzer, but believed race would be looked at as well. Lopez asked if the data provided would be “sliced.” Public member asked how Dr. Birzer would review reports received from both the Department and Mr. Chappell. Chief confirmed. 7. Term Notices – Chairperson Fowler Wichita Citizen Review Board January 23, 2020 Page 3 of 4 Chief spoke with the City Manager regarding terms expiring. Chief stated there was no funding, more duties are being placed on current staff; however, the City Manager continues to figure out the best solution for the Board. No re-appointment were made. Fowler stated that the Board has lost two members along with the expired members. Magana confirmed that re-appointments have not been made. Magana read from the previous ordinance that a member shall remain in place until a successor has been re-appointed. Magana read from the current ordinance that terms are time bound. Once terms have expired, members are no longer active and are not considered active or voting members. Kitchen asked for clarification for February meeting that he is no longer needed. Fowler thanked Lopez, Kitchen, and Bender for their service to the Board. Fowler will speak with the City Manager regarding re-appointment. 8. Executive Session – Captain Pinkston Pinkston noted the Board will review investigation 20PSB-0314. A summary was given to the Board prior to dismissal that the Board would be reviewing an external complaint regarding response times. Fowler moved that the Board go into Executive Session to return no sooner than 20 minutes to discuss a personnel matter. All Board members favored Fowler’s motion. The motion passed unanimously at approximately 5:09 p.m. The Board reconvened at 5:31 p.m. and Fowler noted that no action was taken in Executive Session. 9. New Business – Chairperson Fowler Fowler thanked Bender, Lopez, and Kitchen for their service to the Board. Pinkston stated next meeting would take place on February 20, 2020 at Rockwell Library. 10. Adjourn Thompson made a motion to adjourn. Second by Rojas. The motion passed unanimously and the meeting adjourned at 5:40 p.m. Wichita Citizen Review Board January 23, 2020 Page 4 of 4