2026-10-21 - Civilian Appeals Board

Summary

  • Opening: the chair and vice chair were absent, so the longest-serving member chaired under the bylaws; five members were present. The June 17 minutes were approved by voice vote.
  • Liaison report: the board liaison introduced the city's new Human Resources Director, who is also leading Labor Relations on an interim basis. One more appeal is pending after this one; if this hearing finishes, the next meeting is the week before Thanksgiving, though appeal packages usually take over a month to prepare and a December meeting is unlikely.
  • Biennial report: the board approved its report covering 2024 and 2025 (carried by voice vote) for presentation to the Public Safety committee at the end of the month. A letter from two former committee members said they reviewed it and found it accurate. A member asked who verifies the numbers; staff said police department data goes through the Office of Oversight and Public Accountability and a city staff review before it reaches the Commission. The board was told "annual" and "bi-annual" refer to the same report, now produced every two years after board turnover.
  • Hearing process overview: most complaints originate inside the police department and are investigated by Internal Affairs; certain ones can be appealed. At a hearing the board first decides whether it has enough information (it can direct supplemental investigation through the oversight office) and then whether to affirm, reverse or modify Internal Affairs' decision. It hears a case summary from the oversight office, then asks questions of the police department; this is an appellate setting without testimony from the complainant. Video review and anything touching officers' compelled statements (Garrity) must happen in closed session. See Civilian Appeals Board Reimagination.
  • Appeal CR 25-082 (see Civilian Appeals Board Appeal CR 25-082): a use-of-force complaint from a September 28, 2024 arrest after a report of a disorderly armed person at a party store. Internal Affairs and the training unit found the force reasonable and exonerated the officers (the act occurred but was justified and lawful). Members asked about leading questions in officer interviews, why some officers' body camera video was not in the packet (Internal Affairs said it did not show anything relevant), why one video lacked audio (muting between officers is allowed and the first 30 seconds of recordings have no audio), and whether being pushed into a car twice was reasonable. The board went into closed session on a unanimous roll call vote to discuss compelled officer statements, then voted 4-1 that it had enough information and unanimously to affirm the exoneration of the officers. One member put concerns about leading questions on the record. The liaison said it was the fastest hearing he had seen.
  • Board feedback: members asked for the relevant police policies, or links, to be included in the hearing packets; staff said they can pull policies in advance when members flag a topic and that most are online. A new member asked to look at moving the Wednesday 4:00 p.m. meeting time because quorum has been hard to reach and appeals are waiting months; staff said the time has been fixed for about eight years but would review, and the board can call special meetings.
  • Training and review: core training is complete and issue-specific training is added as needed; an Internal Affairs training session was offered. A separate citywide review of the appeals board is being structured across departments, touches collective bargaining, and will involve the board as a stakeholder later.

Built from YouTube auto-generated captions; the agenda and minutes were not read. Names of the complainant and officers are omitted.

Agenda

Agenda items not yet read.

Sources

Video

Watch the video

Transcript

*These are auto-generated captions; names and numbers may be misheard.

Transcript

00:03Mhm.

00:13>> [music]

00:28[music]

00:39[music]

01:12[music]

01:59>> Mhm.

02:03>> [music]

02:12[music]

02:41[music]

02:47[music]

03:04[music]

03:36[music]

03:51[music]

03:53>> Mhm.

04:51>> [music]

05:36[music]

05:41[music]

05:49[music]

06:04[music]

06:31[music]

06:41[music]

07:07>> Meeting will come to order. The time is

07:104:01

07:11and the spelling appeals board meeting

07:13is now officially started.

07:15Uh as the chair and vice chair are both

07:18absent from this meeting, uh as the

07:21longest serving board member, I will act

07:22uh as the chair

07:24um temporarily for this meeting

07:26according to the CAB bylaws.

07:28Uh we will now proceed with the roll

07:30call.

07:33>> Michelle Williams, she's absent. Dean

07:35Pacific, abs- absent. Jordan Cross.

07:38>> Here.

07:39>> Renisha Harden.

07:40>> Here.

07:42>> Lori Hinkley

07:43>> Here.

07:44>> Dan Colt

07:45>> He's absent.

07:47>> Daniel Savage

07:48>> Present.

07:49>> Kimberly Williams

07:50>> Present.

07:56>> The next item on the agenda is the

07:57approval of the meeting minutes from

07:59June 17th,

08:012026. Um,

08:03the Does anybody need more time to

08:05review those?

08:12If not,

08:14um, do we have a motion to approve those

08:15minutes?

08:16>> I'll make a motion to approve.

08:18>> Support.

08:22>> Minutes approved.

08:24>> Oh, favors.

08:25>> Oh, I'm so sorry.

08:27All in favor.

08:28>> Aye.

08:30>> Aye.

08:33>> Minutes approved.

08:35The next item on the agenda is the board

08:38liaison report, and I'll give the floor

08:40to Brandon Davis for his report.

08:42>> Thank you, and good afternoon everyone.

08:45Welcome to Civilian Appeals Board

08:46meeting. First, I want to thank Jordan

08:48for stepping in, stepping up, and

08:52chairing today's meeting with little

08:55notice. We appreciate your service

08:57today, and I know it could be a maybe an

09:00uncomfortable space, especially with a

09:01hearing going, but you're doing a great

09:02job already. So, thank you for jumping

09:04in. Um, also, grateful for the

09:08representatives of the police

09:09department, LPA, and Human Resources and

09:11Labor Relations being present today.

09:13Um, because this is her first time at

09:15the meeting, I'm going to introduce our

09:17new Human Resources Director. I probably

09:19should have given her a heads up, but

09:20Ashley Cloud is joining us in the back

09:22of the room. She recently joined the

09:24city. She has a long

09:26uh

09:27history and experience in Human

09:29Resources, but is new to the city. We're

09:30grateful to have her. Um,

09:32interimly, she's also, while leading HR,

09:36also leading LR in a more direct role as

09:38well.

09:39So, we're grateful to have her here with

09:42us. Outside of that, there's not a whole

09:44lot to provide for our report today. I

09:46will indicate

09:48um

09:48that we have another appeal after

09:53today's appeal that is still in the

09:54hopper, uh memory serve me correct. So,

09:58after this appeal is completed, we will

10:00prepare we'll request information

10:02prepare if we haven't already requested

10:04prepare a package and get those mailed

10:06to you as they were mailed the last

10:08time. We'll get your hearing date

10:10attached to that as well.

10:12Um if the hearing completes today, um

10:16the next meeting will be the week before

10:19Thanksgiving. Traditionally, um we have

10:22not had meetings uh around the holidays

10:26unless there is a pending appeal. Now, I

10:28don't Normally, preparing an appeal

10:30package takes more than that month.

10:33So, uh we may not be able to hear an

10:35appeal next month, but I wanted to just

10:37put all of that out there in the event

10:38that the meeting So, as of right now,

10:40they're still on. In the event that they

10:42the event that they are going to be

10:43canceled, we will email you in advance

10:45as much as possible so you have that

10:47information. Um and that concludes my

10:50report.

10:54>> Are there any questions from the board

10:57regarding his report?

11:00Okay, we'll move on. There's no further

11:03or no unfinished business for today. Um

11:07but I know we have

11:10>> Sure. So, um I am going to with with the

11:13board's approval, I've already talked to

11:15the acting chair today. We want to move

11:17the discussion of the CAB annual report

11:22to old business, which is where it would

11:23have sat I anyway because it's old

11:25business. Um I should have said one

11:27other thing in my report. Um I have

11:29another

11:30uh speaking engagement this evening,

11:32which will cause me to leave early. Nick

11:33Direct from my team will swap with me if

11:35the meeting is not over at that time,

11:36just so you're aware.

11:37Um,

11:38but for the CAP report, um, some of you,

11:41most of you all are new to the board.

11:43So,

11:44this report, uh, which has been sent out

11:46to you all, covers, uh, 2024 and 2025.

11:50The members of the board that are still

11:53a part of the board now uh,

11:56would be, uh, Michelle Williams, uh, our

11:59chair who, uh, did tell us ahead of time

12:02she would not be here. Dean Pacific, who

12:03also indicated he wouldn't be here

12:04today. And Jordan,

12:07>> [snorts]

12:07>> uh, Ms. Cross, who who is present today.

12:10The remaining members of the annual

12:13report committee were, uh, Dean Pacific

12:16and Michelle Williams.

12:18So, in knowing that they wouldn't be

12:19present for today's meeting and that you

12:21all, um, would have the occasion, if you

12:23so choose, to vote on this, um, item,

12:27they did prepare,

12:28uh, a

12:30a letter that they asked for me to read

12:31to the board from the committee. And it

12:33says, "Fellow board members, this letter

12:36confirms that having served during the

12:37period covered by the report, the

12:39remaining committee members, Dean

12:40Pacific and I, reviewed the information

12:42in the report on multiple occasions. We

12:44believe it to be accurate and recommend

12:46that the report move forward for

12:47approval." And that's signed by Michelle

12:50Williams. So, they did send that, um,

12:55this report is scheduled to be presented

12:57at the public safety meeting as of right

12:59now, at the public safety meeting at the

13:01end of this month, which is standard of

13:03how that works. However, you get to vote

13:06on whether or not you feel comfortable

13:08approving that today,

13:09or or if you want to wait for the other

13:11members to be present. Whatever you all

13:13choose, we'll follow your guidance,

13:15obviously.

13:16So, with that, um,

13:18Madam Chair, will be the call for a

13:20motion to approve and then have

13:22discussion or anything else that needs

13:24to occur.

13:26>> Motion to approve.

13:29>> So moved.

13:34>> Is there a second?

13:39>> I'll second it.

13:41>> Any discussion?

13:43>> Any discussion?

13:46>> I have a question.

13:48Uh whose eyes um have been on the report

13:52as far as for

13:54uh the review outside of the board? I

13:56know it's in draft form, but I mean for

13:58the accuracy of the numbers and stuff,

14:01uh I just want to make sure that

14:03um uh

14:04those reporting numbers are accurate

14:05also.

14:06>> So the report, so numbers uh OPA

14:10requests from the police department, and

14:13then those numbers get put in a report.

14:15But the report is drafted through the

14:17help of OPA by the board. So those are

14:20the people who have seen it. There is a

14:21process of review before it's presented

14:24to commission, just like any other item

14:27that goes that would that's going on the

14:28city commission agenda. There's a uh

14:30team of city staff people who review the

14:32item and all those things attached to

14:35it.

14:36Um

14:36and that part of the process has not

14:38occurred yet, just based on the date.

14:40But it would be scheduled to occur

14:42before the presentation happened to

14:44commission.

14:46>> Okay, thank you.

14:53>> I have a question or point of

14:55clarification.

14:56>> You can get your mic.

14:58>> A question for point of clarification.

15:00So I

15:02recall receiving the email with regards

15:04to a bi-annual report that was reviewed.

15:07Yet this says annual report. Are those

15:09two the same or am I missing something?

15:11>> No, good catch. Those are the same

15:12thing. Uh so if this happened different

15:14ways different years, and the report it

15:16kind of talks about it. Um it used to be

15:18that these were always annual reports.

15:20There was some turnover on the board,

15:21lots of stuff happened at one point. So,

15:23it ended up being a bi-annual report.

15:28>> Thank you. So, then this would be an

15:29approval of this bi-annual report.

15:31>> That's correct.

15:38>> Motion still on the floor?

15:40>> Yes, it's still discussion.

15:41>> Still discussion. Thank you.

15:49>> Call the question.

15:52>> Any further questions?

15:56>> So, you just said call the question. All

15:58in favor.

15:59>> Oh. All

16:01Sorry, call. All in favor.

16:03>> I.

16:04>> I.

16:04>> I.

16:06All opposed.

16:11>> So, the motion carries?

16:12>> Motion carries.

16:13>> Thank you.

16:16>> Uh the next item is an overview of the

16:18hearing process, and we invite uh the

16:20board liaison, Brandon Davis, to proceed

16:22with this presentation.

16:23>> Thank you. All right. So, again, uh for

16:26just all but one person today, this is

16:28your first uh Civilian Appeal Board

16:30hearing, uh which in some ways is

16:33exciting, right? Cuz you get to do the

16:34work of this board.

16:36Um

16:37but

16:38it also is uh I thought it would be uh

16:40beneficial for us just to have a quick

16:42overview of how the process works and

16:45things of that nature. So, we'll start

16:46with how do do the complaints even

16:48start? Um the vast majority of

16:50complaints that are filed um are

16:53actually filed from internally within

16:55the police department. Um but external

16:57complaints also uh come in. Those

16:59complaints can be filed to the police

17:01department. It can be filed through OPA,

17:03uh multiple places. Once those

17:05complaints are filed, the investigation

17:07happens through the Internal Affairs

17:09Division. On certain types of cases,

17:11cases that fall within the jurisdiction

17:13of the Civilian Appeals Board, um those

17:16cases um, can be appealed to CAP. Um In

17:20this case, the case we have present, it

17:22was appealed to CAP.

17:24Once the case gets to you at the stage

17:26of a hearing, you have two questions

17:28that stand before you uh, that you have

17:31to decide and decide in the case. The

17:32first question is whether or not you

17:34have enough information

17:35to make a decision as to whether or not

17:38you want to affirm, reverse,

17:41uh, modif- or modify the decision of the

17:43Internal Affairs Division. So,

17:45essentially when you look at the

17:47complaint disposition reports that you

17:48were provided, um, in those complaint

17:50disposition reports there are what we

17:52call findings. Generally, the findings

17:54are bolded. Um,

17:56you get to decide, this board has the

17:58authority to affirm, modify, or uh,

18:01reverse that decision.

18:04But, in order to do that, you need to

18:05make sure you have enough information,

18:07right? So, we're not just talking about,

18:09you know, what color was the paint in

18:10the room, right? [snorts] Like, we're

18:12not talking about that type of

18:13information, but if there's something

18:15uh, that you're looking at and saying, I

18:16really need to see this, understand

18:18this, know this in order to make a

18:19decision about this, then what you can

18:21do is is say that. Um, and that's not as

18:24an in- as an individual you can raise

18:26that point, uh, but the board would have

18:28to decide collectively that there needs

18:31to be additional investigation.

18:34Um,

18:35this board So, a few years ago through

18:37collective bargaining, the um, process

18:39allowed for OPA to now stand in the

18:41space to do that additional

18:43investigation, but it's directed

18:45investigation. Technically, Labor

18:47Relations can still, I believe based on

18:48the language, still do it, but um,

18:51the practice has been for OPA at this

18:53point. Uh, but that again, that's a

18:55specific These are the things we're

18:56looking for. Um, it wouldn't just be go

18:58do the investigation all over again,

19:00right? So, that is what uh, that process

19:03work- how that process works. If you

19:05find there is enough information,

19:08then the next step is to proceed to

19:10whether or not you affirm,

19:13reverse, or modify the decision of

19:15Internal Affairs. Generally, the first

19:17question that comes up is

19:20a motion to affirm. That's normally

19:21where this board starts. So, someone

19:23will move to affirm the decision

19:25whatever they see in but affirm the

19:26decision of Internal Affairs.

19:29And there's language in your packet that

19:31you can look at that that has the

19:34recommended language you can use in that

19:35space. Um

19:37but you would make that motion. Someone

19:40would second the motion and then there

19:42would be discussion related to that

19:43motion.

19:45Um

19:46so that's how those questions work.

19:47Prior to getting to the actual questions

19:50that you are deciding, we get to hear

19:53from staff who will provide you

19:55information. So, first representative

19:57from OPA will give you a overview of the

19:59case. So, in today's instance, that

20:01would be Mr. Nick Derick. He'll give you

20:03a overview of the case which is just a

20:05summary. You've all read the case.

20:07You've all seen the videos. So, that's

20:08just so the record has a summary in it.

20:11After that, representatives from the

20:12police department will be welcomed up

20:14and they are to respond to questions

20:17posed by the board. So, it's not

20:20it's not a space for them just to give

20:23their version of events. That's what the

20:24reports are for. Notice that in our

20:27hearings, we don't have the complainant

20:30come up and give a version of the events

20:31either. This is you know, that's not

20:34what this space is. This is an appellate

20:35space which feels a little different,

20:38right? Than what some of us may think of

20:40when we think of these type of spaces.

20:41But because it is an appellate space, it

20:43is not just come take testimony. It is

20:45questions being asked from this board

20:48posed to Internal Affairs. Or if you

20:50have

20:51um

20:52or the training unit as well. Or if you

20:54have questions from for the law

20:57department or for me, you can post

20:59questions to us as well.

21:01In the event that you would like to

21:02review video collectively or do

21:04something like that, that happens in

21:06closed session. So, you would have to

21:08request uh to go to closed session and

21:10say what that purpose is for. The same

21:12thing if there was a question regarding

21:14a Garrity statement or something like

21:16that. This is a reminder, that's not

21:18something that can be talked about in

21:19this public setting. So, that's

21:21something that would have to happen um

21:23in a closed session. Um if you don't

21:26need to do those things in order to make

21:27your decision, it is not required that

21:29you go in the closed session. It is not

21:30required that you re- re-review video.

21:33And it's really not required for you to

21:35ask questions if you don't have them. Um

21:37however, every hearing I've ever seen

21:39there's been questions and I would

21:40anticipate there would be here today.

21:42Um so, that's the overview of the

21:44process, super high level. Happy to

21:46answer questions. Uh we also are here to

21:49guide you throughout the process, right?

21:51Um let me I I want to add just one more

21:53thing before questions. The questions

21:55that we're asking of Internal Affairs,

21:57of the Law Department, of the Training

22:00Unit, of OPA, the purpose of those

22:02questions is not um legal exploration or

22:07to um you know, think about

22:11maybe something you've read that you

22:12want to apply to the case directly. And

22:14then it should be germane to the facts

22:16in the case and the law applicable to

22:18the case. So, that's the other thing to

22:19keep in mind in that space. Questions?

22:23>> So, I I have a question with regards to

22:25process. Um I'm just wondering if it

22:28would not be more um

22:31um

22:33feasible uh or

22:34in this process to have the overview in

22:37that information brought forward before

22:38we put a motion on the floor and have

22:40discussion with the motion on the floor,

22:42which could take quite a while and

22:44could, you know, look different. So, I'm

22:46wondering if there's a the um

22:49the chance that we can kind of move that

22:51around where we get that overview and

22:52those we can ask those questions before

22:54we put a motion on the floor. I don't

22:56want it to sit there too long and have

22:58us kind of forget about that in in

23:00process. And then my other question is

23:02with regards to legal, who is the legal

23:05that would be in the room that would be

23:07advising us with regards to if we are

23:10asking questions that might be an

23:12overstep that would cause us to go into

23:14closed session.

23:15>> Okay, so I can take the second question

23:17first cuz it's the easiest. Ms. Sarah

23:18Hartman is the Deputy City Attorney for

23:20the city of Grand Rapids

23:22and she's here to represent the law

23:25department.

23:26Um

23:27experience-wise, we

23:30when when Ms. Terstroet was here, you

23:32know, we partnered on those spaces

23:33navigating the complexities of what a

23:36civilian appeals board looks like, but

23:39the representative from the law

23:40department is Ms. Hartman.

23:42To your first question, and I apologize

23:44if I was unclear about it. What I was

23:46saying was we do those steps first and

23:49then we go into the discussion and the

23:52motions.

23:52>> Thank you.

23:53>> Mhm.

23:55Any other questions or thoughts?

24:00Okay, thank you.

24:02>> Okay, hearing no further questions,

24:04we'll move on

24:05um to the public hearing on appeal CR

24:1025-082.

24:13Um

24:15and then we'll ask OPA to provide the

24:18overview on this appeal.

24:27>> Good afternoon.

24:34As Brandon mentioned, my name is Nick De

24:36Ryke. I am the Investigations and

24:37Accountability Manager for the Office of

24:39Oversight and Public Accountability.

24:42This appeal stems from an incident which

24:44occurred on September 28th of 2024.

24:47This is a summary of events as laid out

24:49in the complaint and the investigative

24:51documents.

24:52At around 8:40 p.m., officers received a

24:54dispatch to jump or Ball Park Party

24:57Store for the report of an armed subject

25:00inside the store being disorderly and

25:01threatening staff.

25:03The police report states that in store

25:05in store surveillance was later used to

25:07corroborate that the subject was making

25:09threats to shoot the store clerk.

25:12Police arrived and gave the complainant,

25:14whose name is Alec Vincent, several

25:16commands. Mr. Vincent initially goes

25:18back inside the store and goes into the

25:21employee only area of the store where

25:22there's a bathroom.

25:24He states that he did this because he

25:26got scared when police arrived and drew

25:28their weapons. He then goes back

25:30outside. Officers used a less than

25:32lethal or a less lethal 40 mm round to

25:34attempt to subdue Mr. Vincent.

25:36Mr. Vincent gets on his hands and knees.

25:38The complainant states that he was

25:39compliant and officers forced him face

25:42down into the ground. Video does show

25:44that the officers pushed him down onto

25:46the ground and held his head against the

25:47concrete in order to effectuate the

25:49arrest. Mr. Vincent alleges that

25:51officers placed a knee on his head

25:53pressing his face into the ground which

25:55caused bleeding and claim that that also

25:57included the loosening and ultimate loss

25:58of his front teeth. Mr. Vincent also

26:01claims that officers put him sideways in

26:03the rear of the patrol car which

26:04restricted his breathing.

26:06Mr. Vincent states that he offered no

26:08resistance and fully complied with

26:10officers. He alleges that the use of

26:12force in this matter was unreasonable.

26:14Upon internal affair the internal

26:16affairs unit review of the body camera

26:18and car video, internal affairs

26:20concluded that Mr. Vincent was not

26:22compliant with officers commands.

26:23Sergeant Cadsban did the investigation

26:25in this case. He concluded in his report

26:28that Mr. Vincent ignored officers

26:29commands when they first arrived by

26:31going back in the store, ignored

26:33officers commands after being hit with

26:34the bean bag round, resisted officers

26:37attempts to search him and which caused

26:38him to be pushed onto the hood of the

26:40car, and refused to cooperate when being

26:42put in the police car despite officers

26:44attempts to help him sit up.

26:46Captain Siver of the training unit

26:48reviewed the officers actions in this

26:49case and concluded that the officers use

26:51of force was reasonable under the

26:53circumstances.

26:54Internal Affairs also reviewed a dental

26:56referral made by Cherry Health and jail

26:58dental records for the complainant,

27:00which both indicate that Mr. Vincent had

27:02periodontal disease, which may be a

27:04factor in his tooth loss.

27:07The complainant also admitted in his

27:08interview with Internal Affairs that he

27:10was, quote, "a little drunk" during the

27:12incident in question. Internal Affairs

27:14concluded that the unreasonable force

27:16complaint is exonerated, which means

27:18that the complaint the complained-of act

27:21did occur, but they were justified and

27:23lawful.

27:29>> Thank you. The police department now has

27:30an opportunity to provide additional

27:32information and answer questions

27:33regarding this appeal.

27:35>> They'll answer questions.

27:36>> They'll answer questions. Yeah.

27:38>> All right.

27:40Any questions for the police department?

27:42>> Okay. Board, do we have any questions

27:44for the police department at this time?

27:49Um, I have

27:50>> a few questions. Um, I would like to

27:52start by asking about policy. Policy

27:56with regards to interviewing,

27:58um,

27:59officers, uh, with regards to the

28:02process.

28:04Um, I noticed and so I'll just go there

28:07and say, um,

28:09there were were several different,

28:12um,

28:15lines of questionings that were quite

28:17leading and I'm wondering what the

28:19process is, um, particularly with

28:22regards to, um, I noted in the report

28:25there was line 165, 102, 124, 170.

28:30>> A Garrity?

28:31>> Uh, I don't I know it was There wasn't,

28:34uh, a Garrity. This Yeah.

28:35>> an officer?

28:36>> This is interview of an officer.

28:38>> So, so the the interviews with the

28:39officers are Garrity statements, so if

28:41you want to talk about the substance of

28:43those interviews, we need to go into

28:45close session.

28:46>> Okay. I'm asking about the any

28:49>> Then don't talk about

28:50>> questions at all with regards to

28:51interviews. If you just want

28:54>> If you want to talk about just the

28:55process of how interviews happen, that

28:58is okay out here, but if you're going to

28:59actually talk about the substance of the

29:01interview, the questions or the answers

29:03themselves, we have to go into closed

29:05session.

29:05>> Okay then, I need to go into closed

29:06session.

29:07>> Are there May I?

29:09>> Yeah, if there

29:10>> I

29:11So, thank you. Um

29:15So, we do know that there are questions

29:16that will require closed session. Before

29:18going into closed session, are there

29:20questions that anyone on the board has

29:22that would not require going into closed

29:24session?

29:25>> I do have another one. I would like to

29:27know whether or not we were provided all

29:29the evidence with regards to this case

29:32or were we provided all of the evidence

29:34that you used to make your decision?

29:39>> So, uh briefly, I'm Lieutenant Nathan

29:41May, I'm the commander of the Internal

29:42Affairs Unit. I've been in this space

29:43for

29:44uh unfortunately, almost 6 years now.

29:46So,

29:48um

29:49to answer your question, I uh it's

29:52you're asking me to answer an

29:53impossibility. I don't I guess I don't

29:55understand.

29:56>> Can we

29:57I

29:58It might be helpful we just talk about

29:59what's provided to uh the board when

30:02they when a request is made related to

30:05an appeal. So, when um an appeal is

30:08filed, OPA receives the appeal, we reach

30:11out to the police department to request

30:14the evidence attached to the case. Um

30:16can you tell us what type of information

30:18is provided back to OPA to provide to

30:20the board?

30:22>> Yeah, so all the information that we've

30:25intake uh and and collected and reviewed

30:29is typically turned over. Now, if it's a

30:32video that has nothing on it, it's

30:34irrelevant or it's redundant, likely not

30:37going to be uh sent over because there's

30:39nothing on it, but if it's referenced,

30:41you'll get it.

30:42>> Okay. So, I guess I was wondering if

30:45anyone could share with me specifically

30:47where we received the body cam footage

30:49for Officer Jones. I did not recall

30:51seeing that.

30:54>> I'm sorry. Officer Jones?

30:56>> Officer Jones.

30:57>> Um I would have to look [clears throat]

30:59at exactly what was sent over, so

31:03I don't I don't know what you reviewed.

31:05So, I I don't

31:07>> Um

31:09Do they not know what we received?

31:12>> Ev- every- everything that you were that

31:14has been provided to either OPR or the

31:16law department was provided to the board

31:19uh to review. Um but um

31:23I wouldn't expect this, you know, him to

31:25know off the top of his head everything

31:27that was provided um in the case. We can

31:29talk about what I can tell you was

31:31generally provided, which is the CDR,

31:33the complaint disposition reports, the

31:35relevant police reports that would be

31:37attached to that, any video. I think the

31:39question is about a specific video on a

31:41specific officer. Um

31:45Would Is there a way for you to look or

31:46be able to determine if that was one of

31:47the ones that was considered redundant

31:49or something

31:49>> As I'm assuming that uh if if you're

31:52referring to the actual takedown, the

31:54push

31:55>> Actually, I'm looking at the push as

31:57well as I was looking for his from his

32:00vantage point uh from when the um

32:04claimant was on the vehicle as well. I

32:06did not see his vantage point at all um

32:09as we looked through the documents. So,

32:11I I was wondering about that, why we

32:14because it seems as though um I don't

32:16know if I can say this. It seems as

32:18though he may have been the officer to

32:20have make the first initial contact

32:22>> Mhm.

32:23>> with the claimant. I was expecting to

32:25see his video as well as he was the

32:28officer who had him on the car where

32:31there was concerns about possible um

32:33exposure to bodily fluid and blood. I

32:36was expecting to see his video. I don't

32:38recall seeing that.

32:39>> It's very likely it wasn't sent because

32:41it didn't show anything.

32:43Uh if he's if he's the one that's on top

32:45of the individual, it's probably covered

32:47and you're not going to see anything.

32:48So, there's that would be a redundant or

32:51or

32:52useless video to send over.

32:54>> It would be useless to have the video of

32:55the officer who is alleged to have

32:58actually caused the injury?

33:00>> If it doesn't show anything, yeah. I

33:01mean, what's the point?

33:02>> Well, it didn't show him approach him.

33:04It didn't show him on the car. We don't

33:05We don't see any of that.

33:07>> Then you might want to explain why or

33:09how body worn camera works and what

33:13>> [clears throat]

33:14>> So, typically we

33:15we would provide a training on on kind

33:18of fish eye cameras, how it all works.

33:20So, we are an administrative

33:22investigating unit, okay? We're not a

33:24criminal unit. Our threshold for for

33:26proof is different than a criminal

33:27court. Criminal court is beyond a

33:29reasonable doubt. We're preponderance of

33:30the evidence, okay? So,

33:32we establish whether or not a violation

33:35occurred. And once we establish whether

33:37or not a violation occurred, we're we're

33:39not going to take all the evidence all

33:41the encompassing evidence and collect it

33:43cuz that's that's pointless because

33:45we're just trying to figure out if

33:46there's a violation of policy or not.

33:48So, if it's something where it's not

33:50showing anything, the likelihood of us

33:51actually keeping it and sending it is is

33:54pointless in this investigation because

33:57it doesn't show anything. It doesn't

33:58prove or disprove whether or not the

34:00violation of policy happened. So, I'm

34:02assuming that that's why you don't have

34:05it. But, when we talk about body worn

34:08cameras, body worn cameras are

34:10positioned in the in the base of the the

34:13body. And if you're making physical

34:14contact with somebody, especially in a

34:16tackle, it's going to be covered. It

34:18might fall off. It could be covered. So,

34:20there's a number of reasons why it won't

34:22show anything. It may not even show the

34:24approach because, again, the camera

34:27might be positioned this way. The head's

34:29facing this way. There's a number of

34:31reasons why it might not capture

34:32anything that is pertinent to this. So,

34:35there's a number of of reasons why

34:38it it may not

34:39be relevant.

34:40>> You want to go first?

34:41>> I was just going to add to it's not one

34:44of the videos that is identified in the

34:46disposition report as having been

34:48reviewed by IAA. So, is there any other

34:50reason why that would be the case?

34:53>> Likely all the other evidence were

34:55encompassing to the point where we

34:56didn't need additional evidence to to

34:58review it. We had our

35:00our findings.

35:12>> So, because we're walking through for

35:13the first time uh I

35:16I am using this as a teaching moment as

35:18well.

35:19Um I hope this works for the board. I

35:21don't want to over insert myself, but at

35:23the same time I want to make sure we're

35:24navigating process and learning from it.

35:26Um

35:27>> Going to say the same.

35:28>> Okay, perfect.

35:30Um what I what I was going to say is um

35:32so, when you think about video or the

35:35absence of video, those are one of the

35:37questions that could go to your that

35:40first question we talked about, right?

35:42Do you have enough information to make a

35:43decision? You very well can look and

35:45say, "Yes, we still have enough

35:46information to make the decision." Or

35:48you can say that's something that you

35:50want to have, but that's what that

35:52question is meant to be for, those types

35:54of questions. Does that make sense for

35:56everybody? Okay, thank you.

35:59Any other questions?

36:01>> I guess uh my only question is um is

36:04there a chance uh that officer Officer

36:07Jones and or Reed or

36:10uh those that uh we did not review,

36:12maybe they did not have a camera at that

36:14time?

36:16>> Uh I would if they didn't have a camera,

36:18we would have probably had another piece

36:20of paper that indicated they were in

36:22violation of the VAR policies, so

36:26>> Thank you.

36:35>> There aren't any other questions for

36:38uh

36:39the public discussion.

36:41Then, Madam Chair, it may be appropriate

36:43to take a motion to go to close session

36:45and discuss the questions that were

36:47close session questions.

36:48So, before we do that, any other board

36:50members have any questions?

36:54>> Not necessarily about just the the one

36:56issue that uh Ms. Williams raised, but

37:00about anything regarding this appeal.

37:04>> Thank you.

37:15>> Actually, I do have a question for the

37:16record as well. I'm just wondering, is

37:19there um we did receive uh evidence a

37:22video 2112

37:24DOH. I'm not sure if this is one or

37:27IA20538,

37:31and there was no audio for that video,

37:34and I'm wondering if there's a reason

37:35why there was a lack of audio. I thought

37:37this um particular video was pertinent,

37:39and for the audio to be missing.

37:44>> Do you recall what's on the audio or

37:45what's on the video?

37:47>> I notated what the video what the which

37:50video it was, um but I didn't notate

37:52exactly what what it was what I was

37:54looking for was

37:56to hear some of the conversation, and

37:58that was the only video where there was

38:00no audio.

38:01>> So, it's very likely they muted their

38:03their video,

38:04which is allowed under policy if we're

38:06having a a communication between two

38:08officers. We are allowed to mute our our

38:11body cams. So, I I don't know what's on

38:12the video, but if it's two officers

38:14talking, and they're not talking to any

38:16citizens, they are allowed by policy to

38:18mute that video.

38:20>> Which policy is that?

38:21>> Uh it's under the VAR policy.

38:24>> Under the what?

38:25>> VAR, video audio recording.

38:28>> I I would

38:30Uh, I would add to uh, just from my own

38:32experience that the first 30 seconds

38:35usually does not have audio

38:38um, just based on how they get

38:39triggered. So, the beginning of most

38:41videos don't have any audio.

38:45>> That's my recollection of uh, reviewing

38:47the videos was uh, the when the audio

38:50wasn't present, it was a pre-event time

38:52period leading up to the actual

38:54activation of the

38:56uh,

38:56recording.

38:59>> So, let me clarify how it works. So,

39:02when we trigger our body cameras,

39:03there's actually a 30-second loop that

39:05goes back in time. So, it's constantly

39:07recording on a 30-second loop. So, as

39:09soon as we trigger that, it captures

39:11that initial 30 seconds before we hit

39:13our button. There's no audio on that and

39:16that's for space saving. So, obviously

39:18we pay for storage. Uh, the less storage

39:20we have to use, so there's a reason for

39:22that, but it captures video

39:24but the audio doesn't kick in for 30

39:26seconds. So, the time they hit their uh,

39:28button, actually the audio kicks in

39:30then, but 30 seconds before that, no

39:32audio, just video. That's on both in-car

39:34cameras as well as body cameras.

39:36>> I I just found it peculiar that this was

39:38the only video that there was no

39:41no audio for at all and it was longer

39:43than 30 seconds. And I'd like to um, and

39:46it seemed to be relevant around some of

39:49the conversation particularly around

39:52um,

39:53this was I I believe if I recall

39:55correctly, this was the video at the at

39:58the car after the takedown. So, I I'm

40:00just um,

40:02wondering what that audio was with

40:04regards to that. I think that could be

40:06pertinent information with regards to

40:08uh, whether there is policy particularly

40:11concern being expressed by those

40:14officers in real time about their safety

40:16and we don't have that audio.

40:18>> Yeah, it and it won't be there because

40:20they're allowed to to mute that.

40:23>> Is it that the video it was muted or we

40:25just did not get it?

40:27Is what I'm clarifying.

40:28>> I I'm

40:29I'm hoping you're not insinuating that

40:31we didn't send it on purpose.

40:33>> No, I'm asking whether or not it was

40:35available and it just wasn't sent to us

40:38because it wasn't thought to be relevant

40:40or it was not sent to us for other

40:42reasons. That's what I'm asking.

40:44>> mean we sent it. So, I mean we don't

40:46clip out the audio.

40:47We send it over

40:49what we have. So,

40:50>> Respectfully,

40:52this is this board's first hearing.

40:54There's a lot of questions they don't

40:55know the answers to. I think it's fair

40:57to to to ask the question related to

41:00whether or not it would automatically be

41:02sent. But, I also think we heard an

41:04answer related to it is that if the

41:06audio was there, it would have been sent

41:09attached to it. So, I think it was a

41:11perfectly appropriate question, also an

41:13appropriate answer to say if it would

41:15have been captured, it would have been

41:17sent over. Um but, that's also something

41:21that can be verified uh if necessary to

41:24go back and, you know, listen to to

41:27sure.

41:36>> Are there any other questions?

41:41Does anyone want to make a motion to

41:42move to close session?

41:46>> I move that we um enter closed session

41:48for discussion of um what is the legal

41:51name? Garrity?

41:52>> Garrity statement.

41:53>> Garrity statements.

41:56>> Second.

41:57>> Do we have a second?

42:01>> I'll second.

42:04>> Roll call vote.

42:04>> Roll call vote.

42:05>> Roll call vote.

42:10>> All right, Jordan Cross.

42:13>> Do you want

42:16>> Yes.

42:18>> [clears throat]

42:18>> Lori Hinkley.

42:21>> Yes.

42:23>> Ranisha Harden.

42:24>> Yes.

42:26>> Daniel Savage.

42:27>> Yes.

42:28>> Kimberly Williams.

42:29>> Yes.

42:35>> They'll be a recess for closed session

42:36and we'll return

42:39immediately following.

42:46>> [music]

42:56[music]

43:02[music]

43:09[music]

43:51[music]

44:00[music]

44:33[music]

44:54[music]

45:07[music]

45:17[music]

45:37[music]

45:58[music]

46:20[music]

46:32[music]

47:23[music]

48:07[music]

48:15[music]

48:21[music]

48:33[music]

48:55[music]

49:18[music]

50:28[music]

51:19[music]

51:25[music]

51:32[music]

51:39[music]

51:55[music]

52:01[music]

52:08[music]

52:17[music]

52:25[music]

52:35[music]

52:45[bell]

53:08[music]

53:16[music]

53:24[music]

53:36[music]

53:44[music]

54:03[music]

54:51[music]

55:37>> from closed session. Um, are there any

55:39further questions for

55:41the police department?

55:44>> So, so I had a question. Um, I was

55:48looking at the body cam of when he was

55:51slammed once against the um, side of the

55:54car and the other side and then the

55:56trunk of the car.

55:58Um,

56:00Um, and I don't know if it's Garrity or

56:02not. I'm sorry.

56:04>> If it If it's somebody's statement, an

56:06officer's statement, it would likely

56:09Officer's statement on the scene,

56:11likely not. An officer's statement in a

56:14uh, report or something like that, then

56:16it is.

56:17>> Okay. If I can

56:19>> I'll try to clarify, too. If it's

56:21something that an officer said on their

56:23body worn camera or you can see it in

56:24the video, then that's fine to discuss

56:26here. If it's something that was on that

56:28transcript that you read, that's the

56:30Garrity statement, we'd need to take

56:31that into closed session.

56:32>> Okay.

56:34No.

56:37Okay, so it was something I saw in the

56:38video. So, it was um,

56:42it was once he was slammed, he was asked

56:44to turn face forward. Um, I was just

56:47wondering what was the reason for the

56:50use of force

56:51um,

56:52for him being slammed twice into the

56:55vehicle.

56:56And um,

56:59was it reasonable

57:01um, use of force when the other officers

57:04around him was explaining to a

57:06belligerent person what was going on?

57:12>> So,

57:13>> [clears throat]

57:13>> blood borne pathogens are are

57:15a serious issue to contend with, right?

57:18So, blood in the mouth gets into your

57:21uh, mucus membranes, could cause uh, HIV

57:24exposure, number of different uh,

57:27diseases. So,

57:28telling him to face forward is is a a

57:30reasonable request, right? And he's turn

57:33and turn it towards him. The officers

57:34are concerned for that that spitter that

57:36that spittle to come out. So, that's

57:38reasonable for them to say, "Hey, face

57:40forward." But, they can still explain,

57:42"Hey,

57:43you know, what's going on." As he keeps

57:44turning, they keep redirecting him for

57:47that fear for that that blood. So, that

57:49bloody mouth, that's a huge concern, for

57:51sure.

57:53>> Right, but you only hear them say face

57:55forward after they've slammed him into

57:57the car twice. And I I I understand

57:59exactly what you're saying. I think my

58:01issue is with the fact that he had to be

58:05slammed twice as the other officers kind

58:08of understood that he was belligerent in

58:11explaining to him what was going on

58:14because he really didn't have a clue

58:15what was going on. He And it seemed to

58:17be as if he was either drunk or had He

58:20kept mentioning that he had cerebral

58:22palsy. So, I don't think he understood

58:24what was happening in the moment. The

58:26officer to the

58:30right

58:31um of Jones was able to explain to him

58:35very vividly a couple times and even

58:39after he was slammed, you know, this

58:41happened because you needed to face

58:42forward. So, there wasn't a command

58:44given to face forward before he was

58:46slammed into the vehicle. That's my

58:48apprehension for use of force.

58:51>> Uh I would direct you to

58:54page 11 of

58:56the complaint disposition report that

58:58page 11 overall. Page 107 of the

59:00complaint disposition report on the

59:02bottom. The review of the body worn

59:04camera will

59:06gives minute marks. Also, kind of

59:08explains exactly what happens through

59:10this process. Um they begin to search

59:13him

59:14uh in front of the car. He appears to be

59:16um take exception to the search. He

59:19turns around. Uh they're putting gloves

59:21on. He turns around. Uh one of the

59:23officers says, "Because you're

59:24bleeding." He keeps turning around,

59:25tries to face them as they're trying to

59:27search. She's uh uncooperative with the

59:29search. So, I think that's why you see

59:31the the turn and redirect twice is

59:34because he keeps he keeps turning into

59:36them. And they have to redirect him cuz

59:39they're worried about him turning in

59:41that spittle. So,

59:42Well, he probably is he probably did

59:44give a a

59:45at the second time like, "Hey, knock it

59:47off, man." Like, they tried redirecting

59:49him.

59:50And then finally like, "Hey, knock it

59:51off. Like, stop turning it towards us."

59:54>> And And in response to that question,

59:56can you talk about the use of force

59:58continuum and how a determination is

1:00:00made regarding whether the use of force

1:00:04is reasonable as opposed to and the

1:00:07difference in that between the one

1:00:09officer's decision of what they would do

1:00:11and another officer's decision of what

1:00:12they would do in that space?

1:00:13>> Yeah, so the officers that are in close

1:00:15proximity or who actually have physical

1:00:17hands-on the individual have more of a a

1:00:20responsibility for their safety, right?

1:00:22So, if Officer Jones over here talking

1:00:25to him, he's

1:00:27a a less threat to Officer Jones than he

1:00:29is to me who I'm holding on to him and

1:00:31he's turning towards me with that blood

1:00:33at close proximity, right? He's bigger

1:00:34threat to me. So, hit my actions are

1:00:37independent from Officer Jones' actions.

1:00:39So, I make a determination based on

1:00:41totality of circumstances uh of whether

1:00:43or not I need to apply some level of

1:00:45force based on the resistance I'm

1:00:47receiving. So,

1:00:48that that officer's decision all all

1:00:50three officers' decisions are

1:00:51independent of each other. So, it's what

1:00:53they perceive at the time in which

1:00:55they're applying the force. So, in this

1:00:57in this instance, as he's turning,

1:00:59right? I don't I don't necessarily have

1:01:00to give him commands because if I give

1:01:02him commands and and he spits at me,

1:01:04it's too late, right? So, I might

1:01:06quickly redirect him. And then or he

1:01:08does again, redirect him and like, "Hey,

1:01:09man, knock it off, right?" So, it's all

1:01:11dependent on the officer's perspective

1:01:13at the time in which force is applied.

1:01:18>> Right. So,

1:01:20so that was that's part of my question.

1:01:22So, both of the officers had hands on

1:01:24them and the one that was

1:01:26that he could have potentially harmed

1:01:28with the blood in his mouth and spitting

1:01:30on him was the one who didn't use force.

1:01:33And now I guess that was my issue with

1:01:36it. He was he talked him through the

1:01:37process. You know what I mean? But as he

1:01:40was talking him through the process and

1:01:42letting him know what was going on and

1:01:44he needed to be searched the other

1:01:45officer just slammed him against the the

1:01:48wall of the car and then the hood of the

1:01:50car. So they both were in proximity and

1:01:53holding him and searching him on on

1:01:55either side. So I guess

1:01:57so they both would so

1:01:59>> So if the if the assisting officer feels

1:02:01that pull

1:02:02right he's going to react. Right he's

1:02:03he's he's not going to ask officer Jones

1:02:05do you feel threatened? He's going to

1:02:07he's going to perceive that and he's

1:02:08going to make that reaction, right? So

1:02:10he's perceiving something from one side.

1:02:12He feels that pull away towards that

1:02:14officer. It's his responsibility to

1:02:16redirect him to keep him from

1:02:18either attacking or whatever he's going

1:02:20to do, right? So again, two different

1:02:22perspectives. Officer Jones might be

1:02:23here and and like okay, I'm not feeling

1:02:26it because he's turning into me. This

1:02:28officer feels him pulling away. So there

1:02:29there's might be a reason why he needs

1:02:31to make that quick correction.

1:02:34>> Thank you.

1:02:35>> Mhm.

1:02:41>> Are there any other questions

1:02:45for the police department?

1:02:51Seeing no other questions, Madam Chair,

1:02:53I recommend that

1:02:54uh

1:02:55entertain a motion that would have

1:02:58discussion attached to it.

1:03:06>> All right.

1:03:07Is there a motion

1:03:09um

1:03:11to

1:03:19>> Is there motion to find that there is

1:03:20sufficient information to make a

1:03:22determination in this matter,

1:03:28and if the board thinks there is

1:03:30sufficient information that someone

1:03:31would make a motion related to that,

1:03:32someone would second it, and then there

1:03:34would be discussion. If the board does

1:03:36not think there If someone does not

1:03:38think there's sufficient information,

1:03:39they can make a motion to find that

1:03:40there is not,

1:03:42um,

1:03:42and then have discussion related to that

1:03:44as well.

1:03:46>> I'll just chime in then the discussion

1:03:48would be whether or not you'd need to,

1:03:50um,

1:03:52send it back for further,

1:03:54uh, supplemental investigation by OPA,

1:03:57um, or and what that what the parameters

1:03:59of that would be.

1:04:03>> I would make a motion to,

1:04:05um,

1:04:06uh, proceed with a decision.

1:04:09>> So, a motion to find that there is

1:04:10sufficient information to proceed.

1:04:12>> And then you would ask for

1:04:13>> Correct.

1:04:15>> Is there a second?

1:04:17>> I second.

1:04:19>> Any discussion?

1:04:20>> Any discussion?

1:04:28Hearing none, I call the question.

1:04:30>> Roll call vote.

1:04:31>> Roll call vote.

1:04:42>> All right, Jordan Cross.

1:04:46>> Uh, yes.

1:04:47>> Ranesha Hardin.

1:04:48>> No.

1:04:49>> Lori Hinckley.

1:04:51>> Yes.

1:04:52>> Daniel Savage.

1:04:54>> Yes.

1:04:55>> Kimberly Williams.

1:04:56>> Yes.

1:04:59Motion passes.

1:05:09>> Do we have a motion to affirm the

1:05:11Internal Affairs Unit's findings

1:05:14um

1:05:15exonerating the allegations of

1:05:17unreasonable use of force

1:05:20against the officers.

1:05:23>> I move to affirm the Internal Affairs

1:05:26finding of exoneration against all the

1:05:29officers.

1:05:31>> Is there a second?

1:05:35>> I will second that motion.

1:05:38>> Any discussion?

1:05:43>> I I can put it on.

1:05:45Um with regards to um the information we

1:05:48saw in the reports and the um process

1:05:53for uh leading questions, I did have

1:05:55some concern and I did want to put that

1:05:57on the record.

1:06:02>> Any other discussion?

1:06:09>> I think so.

1:06:10>> No discussion, you can call the

1:06:11question.

1:06:12>> Call the question?

1:06:14>> Roll call vote?

1:06:14>> Yeah, roll call vote.

1:06:15>> Roll call vote.

1:06:18>> All right, Jordan Cross.

1:06:19>> Yes.

1:06:21>> Reneisha Harden.

1:06:21>> Yes.

1:06:23>> Lori Hinckley.

1:06:25>> Yes.

1:06:26>> Daniel Savage.

1:06:27>> Yes.

1:06:28>> Kimberly Williams.

1:06:29>> Yes.

1:06:30>> Motion passes.

1:06:32>> Motion passes.

1:06:36>> So for the record, this board determined

1:06:38to decided to affirm the decision

1:06:41of Internal Affairs in CR 25-082.

1:06:46I will say in record time. I don't know

1:06:48if I've ever seen it uh

1:06:50be so quick. So

1:06:52uh then Madam Chair, that would take us

1:06:54to open discussion.

1:06:58>> Are there any further issues the board

1:07:01would like to discuss?

1:07:04>> Um I would ask that um

1:07:06we receive um

1:07:09uh in our booklets that we receive the

1:07:12policy that is used for, um,

1:07:15processing procedures,

1:07:16um,

1:07:18in the future. I think, um, I know that

1:07:20there are some policy with regards to

1:07:22their investigation, but if there are,

1:07:25um,

1:07:25again, some of those techniques are

1:07:28I believe that it will help us if we

1:07:30have that, um, more clear

1:07:33so that we can consult that and read

1:07:35that in real time as we're reading the

1:07:36reports as well.

1:07:38>> I appreciate the request. I'm not

1:07:40I'm not sure that there are written

1:07:42policies on, you know, each of the

1:07:43things or we always know exactly which

1:07:45ones those are. What's happened in the

1:07:46past is if a board member sees something

1:07:49is like, "Hey, I got a question about

1:07:50this." When they're in with the law

1:07:51department, you know, reviewing video or

1:07:53when it was OPA and our office reviewing

1:07:55video,

1:07:56they would say, "Hey, this is something

1:07:57we might be interested in and we can in

1:07:59advance pull policy, um,

1:08:02cuz like

1:08:04for example, reasonable force is a

1:08:06policy that would make sense in this

1:08:07case. I would understand what you're

1:08:08saying. But a discussion regarding like

1:08:10the barred question wouldn't be

1:08:12something we necessarily know to

1:08:13provide, um, information about ahead of

1:08:16time. But we'll take that into account

1:08:18as we next

1:08:19>> And then even so that even we know that

1:08:21because when I went in there was no one,

1:08:24um, there to assist me if I had

1:08:26questions or concerns. It was just like,

1:08:28"Here's a video, watch that and I'll be

1:08:30back. Let me know when you're done."

1:08:32versus me understanding that that is a

1:08:35person that I could say, "These are some

1:08:37things that I might want to see or have

1:08:38questions about." I didn't have that

1:08:40knowledge at the time and I think, uh,

1:08:43understanding that I would have been

1:08:45able to

1:08:45>> That makes sense.

1:08:46>> have that

1:08:47>> That makes a lot of sense. That's one of

1:08:48those things about a first time with the

1:08:50new board, uh, and such a large

1:08:52percentage of the board being new that,

1:08:53you know, it's stuff to navigate, but I

1:08:55appreciate that. Um, go ahead.

1:08:57>> I'll jump in, too. Since you do do that

1:08:59review, uh, in the law department, if

1:09:01you see me around and you've got

1:09:02questions, please uh feel free to come

1:09:05come down, come to my office, my door.

1:09:07If I'm not in a meeting or on a call,

1:09:08I'm usually, you know, available.

1:09:11Um and if you don't uh catch catch

1:09:13myself, um you know, ask our

1:09:15administrative staff if somebody can

1:09:17answer some questions for you. Uh they'd

1:09:19be happy to point you in the direction

1:09:21of Phil Strom or or someone else who

1:09:22might be able to help you out. Uh or

1:09:25else I would say, you know, email or

1:09:27call Brandon or myself um available

1:09:30anytime and we'd be happy to answer

1:09:32those questions for you. Uh even if it's

1:09:33not where you're right then and there.

1:09:35Uh I will note, too, that all most of

1:09:38the police department's policies,

1:09:39especially the ones that would be

1:09:41addressed here, would be available

1:09:42online. So, if you do need to pull those

1:09:45later on uh to, you know, answer those

1:09:47questions for yourself, um I'm happy to

1:09:49show you where that's found on the

1:09:50city's website.

1:09:51>> Uh thank you. Tr- Traditionally, the

1:09:54email method is how board members have

1:09:55done it. So, they would say, "Hey, I

1:09:57reviewed this question about what the

1:09:58policy is related to the way questions

1:10:01are asked, right?" And that would be

1:10:02enough for us to know to try to find

1:10:04something like that if it exists. Any

1:10:07other I'm sorry. Any other questions?

1:10:09>> No, I just had a uh follow-up to that. I

1:10:11I think that's uh

1:10:13uh

1:10:14real good idea. I mean, as far as for

1:10:15the policies, for the understanding. And

1:10:17maybe just uh during the prep for the

1:10:20book, if there is something related that

1:10:21you can anticipate, uh maybe just a link

1:10:24to that uh public policy that uh we

1:10:27could just

1:10:28click on easily as opposed to going

1:10:29through everything. So, I think that

1:10:31would be a good idea.

1:10:32>> Mhm.

1:10:33>> I have one thing. I just, as a new board

1:10:35member,

1:10:36um

1:10:37I know it's hard for us with our

1:10:39schedules and we're all volunteers, but

1:10:42um if maybe we could talk about at the

1:10:44next meeting

1:10:46if the time 4:00 on Wednesdays isn't

1:10:49working for people cuz it seems like

1:10:51we're having a hard time getting people

1:10:52to be here.

1:10:54And we have new members, if maybe we

1:10:56should look at a different time because

1:10:59I feel bad. I already missed one

1:11:01meeting. I know

1:11:02we had Dan had one where where we

1:11:05already had something scheduled on a

1:11:06Wednesday. We're having trouble getting

1:11:08quorums. We've we're missing people

1:11:10tonight. That's unfair to the

1:11:12complainant. It's unfair to the officers

1:11:15who have these appeals hanging for

1:11:17months and months and months.

1:11:19It's so important for us to be here

1:11:21regularly. It's a commitment. I know

1:11:23that. If we could maybe explore things

1:11:26that we could do so that we could make

1:11:28sure that we're here when we need to be

1:11:30so we can fulfill our duties. And if

1:11:32that means changing a meeting or

1:11:33whatever, I I would be willing to

1:11:35explore that.

1:11:37>> Thank you for that. We'll take that back

1:11:39as staff and think through the

1:11:41implications of all of that. Part of the

1:11:43reason So, the time has been this at

1:11:46least for the last I think since the

1:11:48board was created, but at least for the

1:11:49last 8 years.

1:11:51And the reason being is that when people

1:11:53sign up to be on the board, we

1:11:55established the time so people know this

1:11:58is the date and time that the board

1:11:59meets. When deciding to serve on this

1:12:01board, you have this firm space that you

1:12:04can plan around. We've also worked that

1:12:06into staff schedules that way.

1:12:08Obviously, staff schedules can change if

1:12:09necessary.

1:12:11Um

1:12:12So, we'll talk about, you know, what

1:12:13that would look like. What the board

1:12:14does have the authority to do is

1:12:15schedule special meetings though when

1:12:17there's something happens and the you

1:12:20know, the majority board can't do it. If

1:12:21the board wants to schedule a special

1:12:22meeting, that's possible for sure.

1:12:24Great feedback.

1:12:26Any other discussion?

1:12:29>> Um my last question, is there any

1:12:31additional um

1:12:34training that we need or that is coming

1:12:37up? And then I did want to circle back.

1:12:39I understood that there was some

1:12:41uh

1:12:42community meetings that were going to be

1:12:44taking place to kind of uh talk with the

1:12:46community about

1:12:48um

1:12:49uh looking at this board and possible

1:12:51updates or changes to the work of this

1:12:53board or

1:12:55the type of board I should say.

1:12:57Um so if you could provide information

1:12:59regarding that.

1:13:00>> Yes. First question related to training.

1:13:02Um so you all have received the core

1:13:05training for the Civilian Appeals Board.

1:13:08There are issue specific trainings that

1:13:10we do when issues come up, right? So if

1:13:13there was a nuanced area of the law that

1:13:16was implicated in one of the cases, then

1:13:20either OPA, the law department, or

1:13:22police department, I guess somebody

1:13:23external if we saw fit, would come in

1:13:25and provide a training to you related to

1:13:27that topic before you heard the hearing.

1:13:30Um

1:13:31offentimes it's the, you know, similar

1:13:34different fact patterns but similar

1:13:35rules or laws are in place like Fourth

1:13:38Amendment issue or something like that.

1:13:41So you don't get a new training about

1:13:42that every time, but if it was something

1:13:44that you haven't covered or something

1:13:46like that, we would provide it to you.

1:13:48Um the Go ahead, sir.

1:13:50The other thing that you asked about is

1:13:53the review of the Civilian Appeal Board

1:13:55process in general, which is a separate

1:13:58function from this board. However, this

1:13:59board is being invited to participate as

1:14:02one of the stakeholders in it. That

1:14:04process um

1:14:06is a very involved process. There are

1:14:08multiple city departments currently

1:14:10working on

1:14:12structuring how this all works to do it

1:14:14well. The big thing to remember is that

1:14:16this is still an employment issue

1:14:19um and

1:14:21in many ways it impacts collective

1:14:22bargaining. So we're working through all

1:14:24those nuances. When it's time to involve

1:14:27this board in that space, we'll make

1:14:28sure in one of my board liaison reports,

1:14:30we tell you what that's going to look

1:14:31like. It'll likely involve, I think,

1:14:34using you all's meeting time to navigate

1:14:36that. Um but we're not at that stage

1:14:38yet. So we'll keep you posted as we

1:14:39navigate this space.

1:14:41>> Would add to, especially given that

1:14:43there were some questions today about

1:14:45the Internal Affairs process, that uh

1:14:47I'm sure that if there was some training

1:14:49around how that works that any the the

1:14:52board would like that we could probably

1:14:54get that set up with IA.

1:14:57>> Sure, we'll get that we'll get that

1:14:58scheduled one day.

1:15:00>> Let me say that again. I would

1:15:02appreciate it but I don't want to stress

1:15:03anybody else's schedule so

1:15:05I am you know

1:15:07I don't want to over obligate anyone.

1:15:11>> We usually work it into any trainings we

1:15:13try to into the board meeting times so

1:15:16you know only time we do something

1:15:17different is when the board's not

1:15:18available during the board meeting time.

1:15:22>> Okay, well now move on to public

1:15:24comment.

1:15:25Comment is limited to 3 minutes.

1:15:31Seeing none, meeting is adjourned.