Loading...
HomeMy WebLinkAbout01/08/2002 Special Meeting 4 02 CITY OF YAKIMA, WASHINGTON SPECIAL MEETING OF THE CITY COUNCIL JANUARY 8, 2002 - 7:30 A.M. 129 NORTH 2 STREET - COUNCIL CHAMBERS 1. ROLL CALL Present: Council: Mayor Pro Tem Larry Mattson, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, Mary Place, John Puccinelli (present after 7:40 a.m.), and Bernard Sims Staff: Dick Zais, City Manager; Ray Paolella, City Attorney; Paul McMurray, Assistant City Attorney; Don Blesio, Police Chief; Jeff Schneider, Police Captain; Roy Willson, Police Captain; and City Clerk Roberts Mayor Pro Tem Mattson opened the meeting and welcomed Paul George, the newly seated Council member. Police Chief Blesio introduced himself, Assistant City Attorney McMurray, Jeff Schneider, Captain for the Patrol Division, and Roy Willson, Captain for Investigative Services Division. 2. POLICE DEPARTMENT'S CITIZENS COMPLAINT PROCESS REVIEW • Background information is given Chief Blesio reported that in February 2001, the Citizen Inquiry Panel gave its findings, including a finding that a perception of profiling exists. Fourteen original recommendations were made by the'Panel; however, staff is here to present one of their recommendations, which is to establish a citizen oversight committee. • The Current policy to investigate complaints is reviewed Captain Schneider referred to a January 2, 2002 Memorandum regarding Department Complaint & Disciplinary Process, and described which complaints are subject to internal investigation. General complaints, such as the crime rate is too high or not enough police officers, are not subject to investigation; however, complaints regarding an officer's behavior or poor performance would be investigated. He outlined the process that a complaint follows: • The completion of the complaint form • Assignment to an investigator (usually a lieutenant) • • The gathering of testimony and other information • Recommendation by the investigator to the Captain • Review by the Captain and recommendation to the Chief 403 JANUARY 8, 2002 — SPECIAL MEETING The complainant and the employee are informed of the investigator's findings once the case is finalized. If the complaint is found to be valid and the Chief recommends discipline, the officer is advised of the proposed discipline and is provided a copy of the investigative file. If discipline is imposed, the employee has a pre - disciplinary hearing with the Chief, at which the employee may have representation from the union and /or an attorney. The disciplinary action may be appealed to the Civil Service Commission, which can then be appealed to Superior Court, or the employee can follow the grievance procedure. Chief Blesio advised that there are two types of complaints: administrative complaints, as described by Captain Schneider, and criminal complaints. If the allegation is criminal in nature, it would be referred to an outside agency for investigation. In the case of an administrative complaint, the process could be lengthy depending upon the availability of the officer and contractual obligations. The Department informs the citizen at the onset that the process could be lengthy. • Questions and comments by Council Council Member Sims asked how many complaints are received. Chief Blesio stated that 13 investigations were done in 2001, of which ten were from citizens. Out of the ten, two complaints were for unlawful arrest, two were demeanor related, three were for excessive force and three other miscellaneous issues. Of the ten complaints, only two were sustained. Assistant City Attorney McMurray explained the Legal Department's involvement in the complaint review process is to ensure that due process is followed and that the Police Department is appropriately investigating the complaint, particularly when employee discipline is contemplated. Chief Blesio responding to a question about the investigation of serious complaints, informed Council that a complaint could be simultaneously investigated by outside agencies as a possible criminal issue and by the Department as an administrative complaint. • The Citizen Oversight Committee is reviewed and Council comes to consensus Council Member Sims questioned if it is necessary to establish another method of review in light of the process that is currently followed to investigate a complaint. There are enough outside resources that can be utilized if necessary. Council Member Puccinelli concurred, and stated that there is a process in place that includes an appeal process if the complainant disagrees with the Department's findings. Council Member Barnett also wondered if the process could be improved without placing a burden on the Police Department that would impact their ability to get their work done. He also expressed concern that the oversight committee would likely expand their duties and have a continuing life. Staff discussed the training a police officer receives as well as being provided with a copy of the Department's policies and procedures. Chief Blesio reported that the Department is preparing for 40 hours of in- service training in February to include the Department's policy and procedures, cultural awareness and racial profiling. Mayor Pro Tem Mattson agreed with the other Council members that this process 2 4 0 4 JANUARY 8, 2002 — SPECIAL MEETING is thorough and that adding another committee is not necessary. Council Member George inquired how comparable cities handle complaints and do they have a citizen oversight committee? Chief Blesio responded that Seattle and Portland have citizen committees; however, he is not sure if any smaller cities have such a committee. City Manager Zais commented that the Police Department is attempting to address the language barrier with the Hispanic community. Council Member Buchanan agreed with Mr. George's suggestion to find out what cities similar in size to Yakima are doing. Council Member Puccinelli indicated that he would prefer that the command staff spends their time on police work, rather than preparing information for another committee to review the investigative work already done. He believes the current process is adequate. It was the general consensus of the Council to not accept the recommendation to establish a citizen oversight committee. Council also requested a short written or oral report on the complaint procedure followed by other cities similar in size, but only for informational purposes. 3. ADJOURNMENT BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN THE MEETING AT 8:33 A.M. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY: d H i �` /�� 2 CEMBER DATE 3 /I y o /- COUNCIL MEMB R DA E ATTEST: e ,.....„3„...,,d 6_4_,,,,,, ii_e_ CITY CLERK MARY PLACE, MAYOR Minutes prepared by Karen Roberts. An audio and video tape of this meeting are available in the City Clerk's Office 1 3