Joint Committee on Police Oversight — Burlington, VT
Date: 2023-11-01
Time: 17:30

Joint Committee on Police Oversight Meeting Agenda - Wednesday, November 1,
 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM

When: Nov 1, 2023 05:30 PM Eastern Time (US and Canada)
Topic: Joint Committee on Police Oversight Meeting

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1. Agenda
 Subject 1.1. Motion to amend/adopt agenda
 Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


 Category 1. Agenda

 Department


 Type

 Recommended Action
2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Councilor Discussion and Review of Vital Questions
  Subject 4.1. Councilor Discussion and Review of Vital Questions
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 4. Councilor Discussion and Review of Vital Questions

  Department Council and Board


  Type

  Recommended Action

5. Adjournment
  Subject 5.1. Motion to adjourn
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 5. Adjournment

  Department Council and Board


  Type

  Recommended Action

Joint Committee on Police Oversight Meeting Agenda - Wednesday, November 1,
 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM

When: Nov 1, 2023 05:30 PM Eastern Time (US and Canada)
Topic: Joint Committee on Police Oversight Meeting

Please click the link below to join the webinar:
https://zoom.us/j/98255015845
Or One tap mobile :
  +19292056099,,98255015845# US (New York)
  +13017158592,,98255015845# US (Washington DC)
Or Telephone:
  Dial(for higher quality, dial a number based on your current location):
  +1 929 205 6099 US (New York)
  +1 301 715 8592 US (Washington DC)
  +1 305 224 1968 US
  +1 309 205 3325 US
  +1 312 626 6799 US (Chicago)
  +1 646 931 3860 US
  +1 360 209 5623 US
  +1 386 347 5053 US
  +1 507 473 4847 US
  +1 564 217 2000 US
  +1 669 444 9171 US
  +1 669 900 6833 US (San Jose)
  +1 689 278 1000 US
  +1 719 359 4580 US
  +1 253 205 0468 US
  +1 253 215 8782 US (Tacoma)
  +1 346 248 7799 US (Houston)
Webinar ID: 982 5501 5845
  International numbers available: https://zoom.us/u/alEwYrAL1




1. Agenda
 Subject 1.1. Motion to amend/adopt agenda
 Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


 Category 1. Agenda

 Department


 Type

 Recommended Action




 Page 1 of 21
2. Adopt Draft Minutes
  Subject 2.1. Adopt Draft Minutes
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 2. Adopt Draft Minutes

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM
  Category 3. Public Forum
  Department Council and Board


  Type

4. Councilor Discussion and Review of Vital Questions
  Subject 4.1. Councilor Discussion and Review of Vital Questions
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 4. Councilor Discussion and Review of Vital Questions

  Department Council and Board


  Type

  Recommended Action

5. Adjournment
  Subject 5.1. Motion to adjourn
  Meeting November 1, 2023 - Joint Committee on Police Oversight Meeting Agenda - Wednesday,
 November 1, 2023, 5:30 PM, Bushor Conference Room 1st Floor, City Hall OR
 REMOTELY via ZOOM


  Category 5. Adjournment

  Department Council and Board


  Type

  Recommended Action



 Page 2 of 21
Page 3 of 21
 ORDINANCE and CHARTER CHANGE JOINT COMMITTEE
 Wednesday, October 18, 2023
 Remote via Zoom
 DRAFT MINUTES
Members Present: Councilor Traverse (Ordinance Committee Chair), Gene Bergman (Charter
Change Committee Chair), Councilor Carpenter, Councilor Hightower, Councilor Doherty,
Councilor Shannon
Staff Present: Joseph Dempsey (City Attorney’s Office Staff), Josh Diamond (Outside Counsel)
Others in Attendance: Jordan Redell (Mayor’s Chief of Staff), Sharon Bushor, Melo Grant
Meeting called to order at 7:03 PM.
1.0 Agenda
Motion to adopt/amend agenda
Motion to Adopt the Draft Agenda.
Motion by Councilor Hightower, Seconded by Councilor Doherty
Final Resolution: Motion Passes
Yes: Unanimous

2.0 Adopt the Draft Minutes from October 3
Motion to Adopt Minutes as is.
Motion by Councilor Traverse, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

3.0 Public Forum
No verbal public comments for this item.
4.0 Councilor Discussion and Review of Vital Questions
Meeting discussion began with section 2b of Attorney Diamond’s matrix (available on CivicClerk).
Councilor Carpenter corrected the matrix that the referral to the CJC will not come before the
investigation, but that the referral to the CJC is a parallel activity depending on the context of the
complaint.
Councilor Traverse laid out his proposal for a basic charter change. The Commission would be
immediately notified about complaints and UOF incidents. The Chief would decide on whether
to investigate and the Commission would receive updates and could provide feedback. The Chief
would notify the Commission of the final decision and the Commission would receive that and
can request more information. Then, by a super majority vote, the Commission could open an
investigation using an outside investigator. Then the Commission would offer their
recommendation. How to rectify any discrepancies is still yet undecided.

 Page 1 of 3


 Page 4 of 21
Counselor Shannon added on to Councilor Traverse’s proposal that she thinks there should be a
timing window where the Commission can choose to investigate.
Councilor Carpenter proposed a parallel investigation track. The Commission should be able to
investigate a complaint or incident regardless of if BPD wants to do so. Councilor Hightower
added that every high-level incident should be investigated. Hightower also added that there
should be some systemic analysis incorporated into the charter change. Councilor Carpenter
concurred that there should be authority vested in the Commission to address or cure systemic
issues.
Melo Grant: I do not think time limits on complaints are appropriate. There are already many
directives for most complaints and the CNA report offered a lot of solutions.
Jordan Redell: The complaint system established the low, medium, and high categories in the
complaint policy of 2020. The categories correlate with the negotiated discipline section of the
BPOA union agreement.
Councilor Hightower proposed having an initial level determination and then doing the
investigation and potentially reassessing the level. She also added that the Commission should be
reviewing data annually.
Councilor Bergman confirmed there is consensus on the Commission’s access to evidence,
authority to investigate, and would review complaints and make recommendations.
Jordan Redell and the Mayor’s Office support having the Commission having the power to
investigate, but it should be started by a super majority rather than a simple majority. The
Administration is not sure about having anonymized complaint reports be published be part of a
charter change.
Sharon Bushor: It should be written somewhere that we want the initial categorization of incidents
to be able to be changed after the investigation. I also believe some entity needs to review the
totality of the complaints.
Councilor Hightower disagreed with the Administration’s position. She offered a compromise
that the Chief could initiate an investigation on an incident and if they don’t then the Commission,
by simple majority, could conduct their own investigation. Parallel investigations seem
unnecessary. At a minimum the Commission should be able to review the Chief’s designation of
incident level and their decision to investigate.
Melo Grant: I am against the super majority requirement. The Commission is a diverse group with
different life experiences. I asked for data broken down by officer several times and it did not go
anywhere.
Councilor Traverse offered that the Commission should be able to investigate an incident or
complaint after the Chief has concluded their investigation if they want more information or
disagree. There would be a difference between requesting additional information from BPD’s
investigation and actually conducting their own investigation. He does not think a super majority
is necessary to request more information, but perhaps for an outside investigation. There should
be some time limit where the Commission has to decide to conduct its own investigation. The
Chief would then offer their decision and the Commission could agree or disagree.


 Page 2 of 3


 Page 5 of 21
Jordan Redell is unsure if the Administration could support having by-officer data breakdowns
written into the charter.
Josh Diamond offered that subpoena authority and investigative powers should be written into
charter. The other unresolved issue is the outcome if there is an impasse between the Commission
and the Chief.
Councilor Hightower offered that situations that go to an impasse should go to the HR Director.
There is consensus that the threshold for the vote to begin an investigation should be in ordinance.
The Administration disagrees with having this in ordinance and believes the threshold should be
in the charter along with the authority. Councilor Shannon subsequently agreed with the
Administration’s view.
Councilor Carpenter proposed that if there is an impasse between the Chief and Commission then
the HR Director could hear the complaint and then to the HR Committee if still unresolved.
Councilor Traverse suggested that officers should be treated no differently from other City
employees. This would mean the final person would be the Mayor. He suggested removing from
charter that the Chief has sole authority. If the Chief rejects the Commission’s differing opinion
then it would require the consent of the Mayor. The Administration agrees with this model.
The Administration added that the HR Director is the peer of the Chief and the HR Director has
no current authority over discipline for other departments. Vesting the HR Director with this
power also makes the Director a political person and would sour the confidentiality that the
Director has.
Melo Grant: An important aspect of discipline is that the majority of issues are solved by additional
trainings or changes to directives.
Councilor Shannon is uncomfortable with having political oversight of a profession such as the
police. There is a State body that is not currently very functional. Professional officers deserve
professional oversight.
Councilor Traverse brought up that professionals do have bodies in State government, but the
officers are still employees of the City and we can discipline them if necessary; similarly to how
lawyers or doctors can be disciplined by their employers without losing their license.
Councilor Bergman agreed, if there is no outside new oversight body, that the Mayor is the top
official for the City and is responsible for the police department.
Councilor Traverse said he was not against having a second oversight body, but it would have to
be different from current appointments.
5.0 Adjournment
Motion to adjourn.
Motion by Councilor Shannon, seconded by Councilor Traverse.
Yes: Unanimous

The meeting was adjourned at 9:10 PM.

 Page 3 of 3


 Page 6 of 21
A. Investigative/Review Function

1. DD40, Section 1, Subsections B, C, D, F, and G describes the process by how allegations of
 violations of Department Rules or Regulations are initiated from within or outside of the
 Department.

 Does the Committee wish to make any changes to how internal or community complaints are
 initiated?

2. DD40, Section 1, Subsections A and E vests the authority to investigate all internal and
 community complaints regarding Department personnel with the Chief who determines
 whether an investigation is necessary or not. The 2021 Mayoral Executive Directive, requires
 that all use of force incidents that result in injury be reported to the Police Commission after
 investigation, but only after the Chief confers with the Mayor and receives the Mayor’s approval
 with any recommendation from the Chief.
 The overarching question is: Does the Committee wish to make any changes to this authority
 and process?

 The following specific questions are raised by this broader question:

 Should internal complaints be treated differently than community complaints?

 Should conduct other than just use of force incidents that result in injury be reported to
 an oversight body (e.g., dishonesty, discrimination, harassment, criminal conduct, or
 other serious misconduct)?

 Should reports to an oversight body only be reported after the Mayor has reviewed the
 Chief’s recommendation?

 Should an oversight body have a role in deciding who investigates internal or
 community complaints?

 Are there distinctions based on the severity of the allegation (“categorization”) that
 would change who is the investigator and decisionmaker on the disposition of the
 complaint?

 Article XV of the BPOA collective bargaining agreement defines the continuum of lower-,
 mid-, and higher-level infractions. Should there be a modified process for categorizing
 complaints (e.g., should the process be authorized by charter?, etc.) and, if so, how does
 that intersect with collective bargaining rights?

 Who decides on the categorization of the allegation?

 Is the categorization reviewable?

3. If the Committee believes an oversight body should have a role in deciding who investigates
 internal or community complaints, who other than the Chief and their designee should conduct
 the investigation?



 1


 Page 7 of 21
 The following options are raised by this question: the oversight body itself, an independent
 investigator selected by the oversight body for a particular investigation, an independent
 monitor selected by the oversight body to conduct all investigations, etc..

4. For an explanation of the current investigatory framework, see DD40, Section 3.
 The broader question is: Should the current investigatory framework be changed?

 More specific questions are:

 Should this framework apply equally to all complaints?

 What authority should an oversight body other than the Department have in the course
 of their investigation (e.g., right to review documents, subpoena testimony, review any
 Department investigation, make recommendations, etc.)?

5. If the Committee believes the Chief should retain some or all authority to investigate internal or
 community complaints, what role should the oversight body have during that investigation
 process?

 More specific questions that arise from this broader question are:
 Must the Department inform an oversight body upon the filing of a complaint and, if so,
 when must this notification take place?
 Is the Department required to provide regular updates during the investigation?
 Must the Department report back to an oversight body at the conclusion of all
 investigations?
 Must the Chief’s recommendation be approved by anyone—the Mayor, the
 Commission, an oversight body—prior to the decision being finalized?

6. DD40, Section 2, outlines rights and obligations of employees during an investigation process,
 cross-referencing due process considerations in the BPOA collective bargaining agreement.

 Does the Committee wish to explore any changes to these due process considerations and, if the
 Committee supports different processes to investigate complaints, should the same due process
 considerations apply to each process?
7. If the Chief retains some or all authority (and responsibility) to investigate internal or
 community complaints, what occurs after the Chief issues their conclusions on how a complaint
 should be disposed?
 Does an oversight body have any role if the Chief retains the authority and responsibility to
 conduct the investigation and make recommendations on the disposition of the complaint (e.g.,
 review the investigation and make recommendations, etc.)?

 If an oversight body makes recommendations on the disposition of the complaint and the
 recommendation is not followed, does the decider have to explain why the recommendation
 was not followed?


 2


 Page 8 of 21
 8. If an oversight body obtains authority to investigate internal or community complaints, what is
 the process going forward after it reaches its conclusions on how the complaint should be
 disposed (e.g., what rights do parties (accused, complainant, Department have upon receipt of
 the conclusions of the investigation)?

 Should the complainant have any rights to appeal if they disagree with the final
 disposition?

 What due process protections should be incorporated?

 Should there be any changes to the requirements of the BPOA collective bargaining
 agreement?

 Should anybody else (e.g., other community members) who is aggrieved by a decision
 have the right to appeal or to raise objections?

 9. If an oversight body has authority to review an investigation of an internal or community
 complaint and a recommendation is made, what is the process going forward?

 Should the complainant have any rights to appeal if they disagree with the
 recommendation?
 What due process protections should be incorporated?
 Should there be any changes to the requirements of the BPOA collective bargaining
 agreement?

 Should anybody else (e.g., other community members) who is aggrieved by a decision
 have the right to appeal or to raise objections?



 10. Should there be a process by which disagreements over the recommended action are resolved
 and by what authority is the process codified (e.g., charter change by which entity other than
 the Chief is resolving disputes)? What changes if a complaint is about the Chief?




B. Auditing.

 1. What role, if any, should the oversight body have as an auditor. Sub-issues to consider:

 What is the scope of matters subject to auditing (public safety trends, reviewing and
 creating new policies, adherence to policies and procedures, internal investigatory
 processes, analysis of aggregate data on discipline and other police practices).

 What events should trigger an audit, e.g., periodic reviews or other events.


 3


 Page 9 of 21
 What is the scope of investigative authority as auditor, access to data, analytics, policies,
 procedures, and reports.

 What degree of community involvement should an audit involve, including
 recommendations and feedback?


 2. Deconflicting procedures regarding auditing/monitoring function: What procedures
 should be in place to make sure oversight body’s operations work harmoniously with
 ongoing internal affairs investigations, criminal investigations, prosecutions, etc.



 3. Transparency for public accountability and need for confidentiality in certain
 circumstances. When should data or other information be kept confidential, for how
 long, and under what circumstances.



C. Composition, selection, and resources.

 What should be the oversight body’s composition, selection and resources (e.g., staffing).




 4


 Page 10 of 21
 ARTICLE 62. POLICE DEPARTMENT

183 Board of police commissioners; composition; terms.
The board of police commissioners shall consist of seven (7) legal voters of said city, to be
appointed by the city council with mayor presiding to serve for three (3) years and until their
successors are appointed and qualified.

(Act No. M-18, § 2, approved 3-1-16)


 184 Same-powers and duties.
(a) The city council shall make rules and regulations for the government of the entire police force
and shall fix the qualifications of applicants for positions and service on said force and the chief of
police shall furnish the city council with any information they may require concerning the finances of
the police department. The chief of police shall be responsible for all expenditures made by the
police department and no expenditures shall be made by the department except in conformity with
the standards promulgated by the city council.

(b) The board of police commissioners shall have such authority and responsibility relating to the
management of the police department, its services and facilities, as may be delegated from time to
time by resolution of the city council. Said board shall notify the mayor and the chief administrative
officer, in writing, of any and all changes, modifications or additions to the rules and regulations of
the department.

(c) Without limitation to the foregoing, the board of police commissioners and the chief of police
may propose rules and regulations for the government of the entire police force in a manner not
inconsistent with those established by the city council. Adoption of such proposed rules and
regulations requires joint approval by the board of police commissioners and the chief of police. In
the event joint approval is not provided by the board of police commissioners and the chief of police,
either party may bring forward to the city council the proposed rule or regulation for the city council’s
consideration.

(d) The board of police commissioners shall have the authority to receive and review all civilian
and internal police department complaints of alleged police misconduct. The board of police
commissions shall have the authority to independently investigate any complaint of alleged police Commented [1]: Should there be an additional
misconduct upon a vote of ____% of its commissioners. provision to provide subpoena authority upon a
 finding of "probable cause" or "reasonable basis" to
(e) As the result of an investigation set forth in subsection (d) above, the board of police believe the officer has engaged in some level of
commissioners may recommend discipline to the chief of police. The chief of police may accept the misconduct.
recommendation subject to the notice and hearing provisions in Article 62, section 190(a) or reject Commented [2]: An alternative or additional basis
the recommendation. In the event the chief of police rejects the recommendation, a human could limit such independent investigations to
resources panel shall resolve the impasse, subject to the notice and hearing provisions set forth in in allegations of misconduct involving high level
 matters, use of force, allegations of discrimination,
Article 62, section 190(a) and the right of appeal set forth in Article 62, section 190(b). This human etc.
resources panel shall consist of three (3) persons appointed by the mayor and confirmed by the city
council. Each panel member shall serve for staggered three (3) year terms.




 Page 11 of 21
 ARTICLE 63. CHIEF OF POLICE AND CAPTAIN

185 Officers of police force designated.
(a) The direction and control of the entire police force, except as herein otherwise provided, shall
be vested in a police officer who shall be called the chief of police, and such other ranking police
officers as the city council shall authorize. The order of rank and succession within the police
department shall be as designated by the city council by regulation.

(b) Except as herein otherwise provided, such officers shall have the powers and duties granted to
police officers by Vermont law and assigned to them by regulations adopted under section 184 of
this Charter.




 ARTICLE 65. REMOVAL OR SUSPENSION

190 Chief may remove member for cause; hearing.
(a) Whenever it shall appear to the chief that any member of said force has become incompetent,
inefficient or incapable from any cause, or is or has been negligent or derelict in his or her official
duty, or is guilty of any misconduct in his or her private or official life, or whenever any well-grounded
complaints or charges to such effect are made in writing to the chief by a responsible person against
such member, the chief may investigate and, after appropriate notice an hearing, dismiss such
member from the force, order a reduction in rank, or suspend the member without pay for a specified
time period in excess of 14 days. In connection with any possible dismissal, demotion, or suspension
for more than 14 days, the chief’s notice to the member shall be given at least 48 hours prior to any
hearing and shall include a description of the charges being considered. In connection therewith, the
chief shall have the power to subpoena witnesses and to administer the oath to such witnesses. The
board of police commissioners shall hear any appeal filed in a timely manner with respect to such
actions of the police chief. The time of filing an appeal and the nature of the appellate process shall
be as determined by such board of regulation. Following its consideration of any such appeal, the
board may affirm, modify, or vacate the decision made by the police chief.

(b) The city council’s human resources committee shall hear any appeal filed in a timely manner Commented [3]: An alternative here is the human
with respect to discipline issued by the chief of police in subsection (a) above or the human resources panel referenced in section 184 above.
resources panel set forth Article 62, section 184(e). The time of filing an appeal and the nature of
the appellate process shall be determined by the human resources committee. Following its
consideration of such appeal the human resources committee may affirm, modify, or vacate the
decision made by the police chief or the human resources panel.

(b)(c) Whenever it shall appear to the mayor that the chief has become incompetent, inefficient, or
incapable from any cause, or has been negligent or derelict in his or her official duty, or is guilty of
any misconduct in his or her private or official life, or whenever any well-grounded complaints or
charges to such effect are made in writing to the mayor by a responsible person, the mayor may
suspend the chief from duty pending a hearing thereon by the city council. The city council shall forth
with notify the chief of the charges preferred by them, or of the complaints or charges presented by
such responsible person in writing, and shall thereupon proceed to consider and investigate the
same. It shall appoint a time and place for the hearing of such complaints and charges so made,




 Page 12 of 21
shall give the chief reasonable notice of the same, not less than 48 hours, and the city council shall
have the power to subpoena witnesses and to administer the oath to such witnesses.

(c)(d) If, upon hearing, the city council shall find such complaints or charges to be well founded, it
may dismiss the chief from the force, demote him or her in rank, or suspend him or her without pay
for a period not to exceed 60 days. The procedures outlined in this section shall control in the event
of any conflict with section 129 of this Charter as pertains to the removal of the chief.

(d)(e) The chief may, without notice or hearing for any infraction, violation, or disobedience of any
of the rules and regulations of the police department that may seem to the chief sufficient, suspend
from duty without pay any member of the police force for a period not to exceed 14 days.




 Page 13 of 21
Traverse Hightower/Carpenter Bergman

 I. Complaints I. Complaints I. Complaints

Intake via Community Complaint
form.

Deputy Chief of Adm. tracks Oversight body receives all All complaints should be reported to
complaints and record keeping of complaints a week before regularly the oversight body.
essential information. This includes scheduled meeting.
identification of witnesses, Oversight body shall have ability to
documents, evidence, and other Oversight body shall categorize independently designate level of
information obtained or consulted complaints by severity (low, seriousness of complaint.
with during an investigation of use medium, high per CBA), UoF,
of force incident (UoF) and any discrimination.
response taken.
 BPD shall annually report
Complaints categorized by BPD as individual-staff level outcomes, data
lower, mid, and higher level to be disaggregated by race and
consistent with CBA. disability.




 II. Investigations. II. Investigations II. Investigations

 A. BPD. A BPD. A. BPD.

Lower level and some mid level Chief will provide updates on each Lower level and some mid level
complaints resolved quickly with milestone in the investigative complaints resolved quickly with
first level of supervision. process to the oversight committee. first level of supervision.

 1




 Page 14 of 21
Mid level, high level, and use of Mid level, high level, and use of
force escalated for Administrative Chief will have the authority to refer force escalated for Administrative
Review (AR). AR determines resolution matter to restorative Review (AR). AR determines if IA
whether IA investigation occurs. justice program, such as CJC. investigation occurs. Referrals to
Referrals to SA or VCJC as needed. SA or VCJC as needed.
 Chief will have authority to launch
Reports of all complaints against investigations after decision to refer Reports of all complaints against
members of the department sent to matter to CJC has been made. members of the BPD sent to
Police Commission (PC). oversight body.

Lower and mid level matters will be Lower and mid level matters will be
reported to PC via oral or written reported to oversight entity via oral
summary, status, and disposition. or written summary, status, and
Recommendations of dispositions disposition. Recommendations of
involving more than a written dispositions involving more than a
reprimand will be shared with the written reprimand will be shared
PC in advance of issuance. with the PC in advance of issuance.

Regular updates provided on status Regular updates provided on status
of investigations involving high level of investigations involving high level
matters, UoF, or unlawful matters, UoF, or unlawful
discrimination. This includes key discrimination. This includes key
demographic information about the demographic information about the
officers and subjects involved, officers and subjects involved,
reports, and video evidence. reports, and video evidence.
Recommendations for dispositions of Recommendations for dispositions of
such matters will be shared with PC such matters will be shared with
before they are issued. oversight entity before they are Commented [JD1]: Is there an obligation to
 issued. maintain confidentiality during executive session.




 2




 Page 15 of 21
 B. Oversight Entity. B. Oversight Entity. B. Oversight Entity.

Shall have access to all evidence Shall have access to all evidence
obtained from the investigation of a related to an investigation of a
UoF incidents and their underlying Shall have the authority to refer complaint.
complaints. matters for resolution through Commented [JD2]: This may require review of
 restorative justice program, e.g., Shall have authority to conduct an possible issues involving CBA and Public Records
 Act. In addition, access to evidence may be limited
By majority vote, after receiving CJC. independent investigation. if referral is made to State's Attorney for criminal
Chief recommendation, may initiate charges and public disclosure would adversely
independent investigation upon any Shall have the authority to launch a Shall have the authority to hire its impact successful prosecution and/or access to a fair
 trial.
complaint involving UoF, unlawful parallel, independent investigation own investigator.
discrimination, or high level offense. based upon majority vote.
 Shall have the authority to publish
Investigation to be performed by anonymized complaint reports.
independent monitor or counsel. Commented [JD3]: JRD Question: Should format be
Authority includes ability to Subcommittee of oversight entity similar to OPR, where there is a panel with a
 professional investigator, PC member, and counsel?
interview witnesses, obtain would review complaints, oversee
documents, and other evidence. investigations, and make Commented [JD4]: JRD Question: subpoena
 recommendations. authority?


 III. Disposition/Discipline. III. Disposition/Discipline. III. Disposition/Discipline.

Within 14 days of Chief’s Chief will make a recommendation After Chief’s recommendation,
recommendation, PC shall accept to oversight body for all high level, oversight entity shall accept
recommendation, request UoF involving injury, and matters recommendation, request
reconsideration, seek an involving bias. reconsideration, or make an
independent investigation by alternative recommendation for
majority vote, or make an Oversight body may make a disposition.
alternative recommendation for recommendation for all high level,
disposition.

 3




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If no action is taken by the PC UoF involving injury, and matters
within 14 days after receiving the involving bias. If the Chief does not follow
BPD’s recommendation, the Chief’s recommendation for alternative
recommendation shall be considered disposition, they shall publish their
final. objections and reasons.




 A. Conflict with A. Conflict with A. Conflict with
 Recommendations. Recommendations. Recommendations.

Chief may accept or reject PC If a conflict arises between the Oversight body shall have the
recommendation. If Chief rejects, recommendations of the oversight authority, in cases involving higher
written explanation provided for body and Chief, HR Director shall level infractions or police abuse, to
rejection. If majority of PC reconcile. impose discipline in conflict with the
disagrees after explanation, PC shall Chief.
report disagreement to Mayor. Commented [JD5]: JRD Question, who is the final
 arbiter of the disagreement?




 B. Communication with B. Communication with B. Communication with
 Complainant. Complainant. Complainant.

Communications with complainant Communication with complainant Oversight body shall have authority
informing them of the disposition or informing them of the disposition or to publish findings,
other status. other status. recommendations, and dispositions. Commented [JD6]: Issues of investigative
 confidentiality should be addressed.




 4




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 Opportunity for complainant to
 appeal disposition.



 C. Appeal, Step 2 C. Appeal, Step 2 Grievance. C. Appeal, Step 2 Grievance.
 Grievance.

Appeals to be heard by City Council. Appeals go to HR committee, like Appeals are heard by oversight
 rest of City staff. BFD process to be body.
 followed.




 IV. Auditing IV. Auditing. IV. Auditing.

Changes, modifications and Oversite body shall release annual Right to audit and monitor the
additions to rules and regulations of report with high level data that BPD, both sworn and non sworn
the department must be adopted by categorizes complaints by type and staff.
the PC. severity, and it will identify how
 often recommendations between Oversight body shall have broad
PC may initiate their own body and chief deviated. access to data, evidence
recommendations for modifications investigation materials and
or additions to rules and analysis to carry out monitoring
regulations. and auditing functions.

If BPD objects to proposal or refuses Oversight body shall have authority
to adopt, matter is referred to the to adopt directives, policies, and
City Council. make recommendations on
 practices.


 5




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PC may report performance Oversight body shall have ability to
concerns regarding the Chief to the review BPD training.
Mayor.
 Oversight body shall report
Annual report to City Council auditing and monitoring activities
regarding summary of the number, to the public. This includes ability
type, and disposition of complaints, to publish anonymized complaints.
UoF incidents reported to the
commission. REIB shall also have access to
 oversight body’s data and analysis
 to report on UoF and other
 interactiosn that implicate equity
 issues.

 V. Civilian Oversight V. Civilian Oversight V. Civilian Oversight Entity.
 Entity. Entity

 Entity shall have professional staff One body, up to 9 members, Independent body from PC to
including an oversight monitor. including one or two per district. investigate and decide discipline.

 Subcommittees including directives, Membership appointed by the City
 discipline, and _______________. Council after soliciting input from a
 range of community organizations.
 Professional staff, at least .5 FTE, The body should represent the
 should be housed within City diverse nature of the City’s
 Attorneys Office, HR, but not BPD. constituents including those from
 historically marginalized
 communities.

 Professonal staff including a monitor
 to assist with auditing functions,
 independent counsel.

 6




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 Budget appropriations
 commensurate with responsibilities,
 staff, and other community
 commissions and boards.




7




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8




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ORDINANCE and CHARTER CHANGE JOINT COMMITTEE
 Wednesday, November 1, 2023
 Bushor Conference Room in City Hall and Remote via Zoom
 DRAFT MINUTES
Members Present: Councilor Traverse (Ordinance Committee Chair), Gene Bergman (Charter
Change Committee Chair), Councilor Carpenter, Councilor Hightower, Councilor Doherty,
Councilor Shannon
Staff Present: Kimberlee Sturtevant (Assistant City Attorney), Jordan Redell (Mayor’s Chief of
Staff), Josh Diamond (Outside Counsel)
Others in Attendance: Romeo Von Hermann, Lee Morrigan, Mike Hoey, Melo Grant, Amy
Malinowski, Jake Schumann
Meeting called to order at 5:39 PM.
1.0 Agenda
Motion to adopt/amend agenda
Motion to Adopt the Draft Agenda.
Motion by Councilor Bergman, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

2.0 Adopt the Draft Minutes from October 18
Motion to Adopt Minutes as is.
Motion by Councilor Bergman, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

3.0 Public Forum
Jake Schumann: Looking at the charter change proposal, Section 190(a) Line 5 there is a typo in
the charter that we can correct. We should also add gender neutral language. It might be worth
adding something about protecting the Commission or oversight bodies from retaliation by the
police or codifying positive working relationships.
4.0 Councilor Discussion and Review of Vital Questions
Discussion began with a review of the charter change draft language as put together by Josh
Diamond.
Councilor Traverse gave a brief review of the previous meeting and said there was general
consensus on almost everything discussed except for the issue of an impasse between the
Commission and the Chief. Another question without consensus is the number of commissioners
needed to vote to launch their own investigation.


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Councilor Carpenter brought up the unresolved question of increasing the size of the Commission.
She also brought up adding requirements of having commissioners from different wards or districts
so there is representation. Having more commissioners could mean having subcommittees for
different topics.
Councilor Hightower agreed and wanted the Commission expanded to at least nine members to
provide for subcommittees. She recommended putting ward or district requirements in ordinance.
Jordan Redell said that the Administration wants to keep the Commission size at seven members,
but increase staffing for them to help fulfill their duties. The Administration is unsure if it wants
ward/district requirements put in place for the Commission as it sets a precedent for other
commissions.
Councilor Shannon agreed that the Commission should not be expanded beyond seven. The
Council already considers ward/district residency in appointments and Councilor Shannon thinks
it is more important to value all forms of diversity (ethnic, geographical, professional) rather than
focus on residency.
Councilor Bergman supported increasing the size of the Commission to nine members. He also
agreed that a broad statement in charter that the Commission should represent the citizens of the
city would be appropriate.
Melo Grant: I support adding two more commissioners. I like the idea of subcommittees to handle
particular tasks. If the Commission isn’t expanded, the City needs to be diligent in staffing. As
for geographical requirements, there are varying attitudes about service/response on the
Commission depending on where they live so it can be important.
Councilor Hightower asked if it is possible to have flexibility in the charter and use 7-9 legal voters
for composition as the language.
Councilor Traverse supports either a seven or nine member Commission, but does not support
having ward/district requirements. The City Council should be focused on finding qualified
candidates.
Motion to change the draft language for Article 62 Section 183 from seven to nine legal voters.
Final Resolution: Motion Passes
Yes: Councilors Hightower, Carpenter, Bergman, and Traverse
No: Councilor Shannon

Motion to change the draft language for Article 62 Section 183 to add the language “and should
represent the diverse nature of said city’s constituents, including those from historically
marginalized communities,”
Final Resolution: Motion Passes
Yes: Unanimous

Motion to change the draft language for Article 62 Section 184(a) to be: “The city council shall
make rules and regulations for the government of the entire police force department and shall fix
the qualifications of applicants for positions and service on said force department and, to the
extent permitted by applicable law, the chief of police shall furnish the city council with any
information they may require concerning the finances of the police department. The chief of police

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shall be responsible for all expenditures made by the police department and no expenditures shall
be made by the department except in conformity with the standards promulgated by the city
council.”
Final Resolution: Motion Passes
Yes: Unanimous

Motion to change the draft language for Article 62 Section 184(b) to be: The board of police
commissioners shall have such authority and responsibility relating to the management, auditing,
or monitoring of the police department, its services and facilities, as may be delegated from time
to time by resolution the ordinances and orders of the city council. Said board shall notify the
mayor and the chief administrative officer, in writing, of any and all changes, modifications or
additions to the rules and regulations of the department.
Final Resolution: Motion Passes
Yes: Councilors Traverse, Carpenter, Hightower, Doherty, and Shannon
No: Councilor Bergman

Motion to adopt the proposed Article 62 Section 184(c) as drafted by Josh Diamond: “Without
limitation to the foregoing, the board of police commissioners and the chief of police may propose
rules and regulations for the government of the entire police department in a manner not
inconsistent with those established by the city council. Adoption of such proposed rules and
regulations requires joint approval by the board of police commissioners and the chief of police.
In the event joint approval is not provided by the board of police commissioners and the chief of
police, either party may bring forward to the city council the proposed rule or regulation for the
city council’s consideration.”
Final Resolution: Motion Passes
Yes: Unanimous

Motion to adopt the proposed Article 62 Section 184(d) as drafted by Josh Diamond: “The board
of police commissioners shall have the authority to receive and review all civilian and internal
allegations of misconduct by members of the police department. The board of police commissions
shall have the authority to independently investigate any allegation of misconduct by members of
the police department upon a vote of ____% of its commissioners.” Percentage needed purposely
left blank.
Final Resolution: Motion Passes
Yes: Unanimous

The Joint Committee has set two meetings for the future:
11/13 at 5:30PM, fully remote via Zoom
11/27 at 5:30PM in Bushor Conference Room in City Hall and remote via Zoom
5.0 Adjournment
Motion to adjourn.
Motion by Councilor Traverse, without objection
Yes: Unanimous

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The meeting was adjourned at 7:50 PM.




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