Police Citizen Review Subcommittee — Portland, ME
Date: 2024-11-13
Time: 18:00

City of Portland
 Police Citizen Review Subcommittee

 AGENDA
 November 13, 2024
 6:00 PM


1. Zoom information


a On Wednesday, November 13, 2024 at 6:00 p.m., the Police Citizen Review Subcommittee will conduct a
. virtual meeting. This meeting will take place remotely using Zoom.


 This meeting will be held remotely pursuant to the Remote Meeting Policy adopted by the Police Citizen
 Review Subcommittee and as authorized under 1 M.R.S. 403-B . Allow your computer to install the free
 Zoom app to get the best meeting experience. If you are not able to attend live, a recording will be available
 following the meeting.

 For public comment, you will need to use the "raise your hand" feature. To raise your hand via the
 telephone, please hit *9. You will be unmuted by the host when it is time for public comment.


 Hi there,

 You are invited to a Zoom webinar.
 When: Nov 13, 2024 06:00 PM Eastern Time (US and Canada)
 Every month on the Second Wednesday
 Nov 13, 2024 06:00 PM

 Please download and import the following iCalendar (.ics) files to your calendar system.
 Monthly: https://portlandmaine-
 gov.zoom.us/webinar/tZcpfu2sqTssGNV6CZYBteABamEsRuTi0hJm/ics?icsToken=98tyKuGrqjIuHtOVth
 uGRpwqBor4LOjwtmJdjY1ryjzfOgJHZyLUN-9nIYBqJNGA
 Topic: Police Citizen Review Subcommittee

 Please click the link below to join the webinar:
 https://portlandmaine-gov.zoom.us/j/83494470621?pwd=PqEvbCqi4naT2Pa1QNco1u4TPI1U3Q.1
 Passcode: 928732
 Or One tap mobile :
 +13126266799,,83494470621# US (Chicago)
 +16469313860,,83494470621# US
 Or Telephone:
 Dial(for higher quality, dial a number based on your current location):
 +1 312 626 6799 US (Chicago)
 +1 646 931 3860 US
 +1 929 205 6099 US (New York)
 +1 301 715 8592 US (Washington DC)
 +1 305 224 1968 US
 +1 309 205 3325 US
 +1 719 359 4580 US
 +1 253 205 0468 US
 +1 253 215 8782 US (Tacoma)
 +1 346 248 7799 US (Houston)
 +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
 Webinar ID: 834 9447 0621
 International numbers available: https://portlandmaine-gov.zoom.us/u/kdvyCFfvFR

2. Call to Order


3. Approval of October 9, 2024 minutes


 a. Attachment
4. Potential update on the new Civil Police Review Board ordinance


5. Public comment on agenda items


6. Workshop: role/responsibilities of the PCRS Board and IA process overview


 a. Attachment
 b. Attachment - presentation
7. Executive session pursuant to 1 M.R.S. Sec. 405(6)(F) to discuss IA2024-017


8. Public comment on agenda items


9. Topics for next month’s meeting


10. Adjourn

City of Portland
 Police Citizen Review Subcommittee

 AGENDA
 November 13, 2024
 6:00 PM


1. Zoom information


a On Wednesday, November 13, 2024 at 6:00 p.m., the Police Citizen Review Subcommittee will conduct a
. virtual meeting. This meeting will take place remotely using Zoom.


 This meeting will be held remotely pursuant to the Remote Meeting Policy adopted by the Police Citizen
 Review Subcommittee and as authorized under 1 M.R.S. 403-B . Allow your computer to install the free
 Zoom app to get the best meeting experience. If you are not able to attend live, a recording will be available
 following the meeting.

 For public comment, you will need to use the "raise your hand" feature. To raise your hand via the
 telephone, please hit *9. You will be unmuted by the host when it is time for public comment.


 Hi there,

 You are invited to a Zoom webinar.
 When: Nov 13, 2024 06:00 PM Eastern Time (US and Canada)
 Every month on the Second Wednesday
 Nov 13, 2024 06:00 PM

 Please download and import the following iCalendar (.ics) files to your calendar system.
 Monthly: https://portlandmaine-
 gov.zoom.us/webinar/tZcpfu2sqTssGNV6CZYBteABamEsRuTi0hJm/ics?icsToken=98tyKuGrqjIuHtOVth
 uGRpwqBor4LOjwtmJdjY1ryjzfOgJHZyLUN-9nIYBqJNGA
 Topic: Police Citizen Review Subcommittee

 Please click the link below to join the webinar:
 https://portlandmaine-gov.zoom.us/j/83494470621?pwd=PqEvbCqi4naT2Pa1QNco1u4TPI1U3Q.1
 Passcode: 928732
 Or One tap mobile :
 +13126266799,,83494470621# US (Chicago)
 +16469313860,,83494470621# US
 Or Telephone:
 Dial(for higher quality, dial a number based on your current location):
 +1 312 626 6799 US (Chicago)
 +1 646 931 3860 US
 +1 929 205 6099 US (New York)

 Page 1
 +1 301 715 8592 US (Washington DC)
 +1 305 224 1968 US
 +1 309 205 3325 US
 +1 719 359 4580 US
 +1 253 205 0468 US
 +1 253 215 8782 US (Tacoma)
 +1 346 248 7799 US (Houston)
 +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
 Webinar ID: 834 9447 0621
 International numbers available: https://portlandmaine-gov.zoom.us/u/kdvyCFfvFR

2. Call to Order


3. Approval of October 9, 2024 minutes


 a. Attachment
4. Potential update on the new Civil Police Review Board ordinance


5. Public comment on agenda items


6. Workshop: role/responsibilities of the PCRS Board and IA process overview


 a. Attachment
 b. Attachment - presentation
7. Executive session pursuant to 1 M.R.S. Sec. 405(6)(F) to discuss IA2024-017


8. Public comment on agenda items


9. Topics for next month’s meeting


10. Adjourn




 Page 2
 MINUTES
 POLICE CITIZEN REVIEW SUBCOMMITTEE

 October 9, 2024
 Meeting Held Remotely Via Zoom

Members present: Anne Hardcastle, Chair; Reverend Lewis, Vice-Chair; Xavier Botana
Gino Desruisseaux; Tim Smith; Joey Brunelle; Kaylin Kerina (joined at 6:46)

Staff present: Associate Corporation Counsel Rachel Millette; Chief Mark Dubois; Major Dan
Hondo; Lt. Jacob Titcomb

6:04 Call to order.

 Motion was made by Reverend Lewis and seconded by Gino to adopt the September 11,
2024 meeting minutes. Passage 6-0.

 Standing of the new ordinance:
 Rachel reported that there is a plan of action for moving the new ordinance forward,
however, there needs to be more negotiations with the police unions before bringing the ordinance
back to the City Council, hopefully in December. Rachel will inform the subcommittee when the
exact date is as soon as she knows. Reverend Lewis asked about the City Council timeline as it
relates the number of readings this will need. Rachel responded that if the ordinance is added to a
December agenda it would likely be in an executive session and then opened up after into a
workshop session. There may be different approaches to the process if the City Council decides
to make significant changes to the ordinance, it could be sent to committee where the changes
would be made and then workshopped. If the City Council comes to an agreement of what the
ordinance would look like, there would be two readings of the ordinance, the first of which is not
open to public comment. The second read is open to public comment before the City Council
votes on the ordinance.
 Joey pointed out that there will be three new city council members and that a workshop
would be appropriate. Xavier asked what version of the ordinance the police unions are bargaining
over. Rachel expressed that the police negotiations are confidential. Xavier asked if the PCRS
will see the ordinance before it goes to the City Council. Rachel responded that once the ordinance
is presented to the City Council in executive session, it will then be workshopped, and then the
PCRS should be able to review it before it is voted on by the City Council. Rachel expressed that
there are a lot of moving parts and that there is no way to predict if the City Council will want
changes. Rachel suggested that the PCRS schedule a special meeting to review the ordinance if
the timing doesn’t align with their normally scheduled monthly meeting. Joey pointed out that the
PCRS meets on 11/13 and 12/11, the City Council meets on December 2, which may end up being
the inaugural meeting for new members. Joey predicted that there could be a workshop on
December 9 before the PCRS December 11 meeting.
 Reverend Lewis asked if the PCRS could authorize the Chair to speak/write on behalf of
the PCRS to the City Council with its response regarding the new ordinance. Rachel agreed that
it could be done that way, or workshopped, though she cautioned the subcommittee about not




 Page 3
meeting outside of the public forum. Anne asked if they planned a special meeting what kind of
advance notice would the public need. Rachel answered that there are no hard and fast meeting
notice rules adding that she will know well in advance of seven days when the City Council
workshop will take place.
 Anne inquired about the timing of the transition from the PCRS to the Citizen Police
Review Board (CPRB). Rachel responded that once the ordinance is passed, it will go into effect
after 30 days, then the PCRS will be dissolved, and an appointment process will begin for the new
CPRB, similar to the process that has been in place. Preference will be given for current members
to serve on the new, larger board. Anne surmised that theoretically it could be 30-60 days before
the new board is in place.

 Joey asked how to go about bringing up a subject previously discussed at an earlier
meeting. Rachel answered that the subcommittee sets the next meeting’s agenda at the end of each
meeting. If something comes up after a meeting, she suggests that he email her and Anne and
Anne can decide if the subject should be added to the agenda. Rachel said the individual
conversations around procedural topics can take place between two individuals and explained that
nothing confidential should be discussed and to avoid a quorum.

 No public comment was offered.

 Reverend Lewis motioned to postpone review of IA2024-006 until the next meeting, Joey
seconded.
 Reverend Lewis explained that he believes that the case should be reviewed by the person
it was assigned to – thus postponing the case until the next meeting for Kay to review the case.
Anne agreed with postponing the case. Joey asked if they need to wait a whole month before
reviewing the case. Anne responded that there is precedence of postponing meetings, thus it is not
usual practice to hold a special meeting to review a case. Reverend Lewis re-stated his motion to
defer the review of IA2024-006 until the next regular meeting of the PCRS. Tim seconded. Xavier
suggested that the subcommittee appoint two people to each case to review, the second person
acting as back-up. Anne agreed that it would be good practice and volunteered to be that person.
Xavier volunteered to be the second person for the pending case.
 Passed 6-0.

 Next month’s agenda:
 Anne suggested that they hold a workshop around the subcommittee’s roles – what they do
and how they function so that the group is moving forward in the same direction. Rachel can help
with some of it. Rachel and Anne will come up with an agenda. Joey would like the committee
to develop SOPs for different aspects of what they do.
 There are currently no new cases to review next month.
 Joey asked about the Use of Force Report which was emailed to the subcommittee and if
it would be added to agenda next month. Joey also asked about an earlier case which resulted in
a vote that deemed the case was not thorough, not objective and not fair and what happened as a
result of that vote. Anne suggested that they cover that in a workshop. Rachel will provide a copy
of the redacted complainant letter that was sent. Xavier would like a forum to discuss the Use of
Force Report. Rachel offered to ask someone to come and explain the report and process. The
PCRS does not review Use of Force Reports. Tim suggested that the workshop include the training




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opportunities available to the subcommittee. Reverend Lewis asked if the SOP addresses the Use
of Force Report because it is not a citizen complaint and if the report is a public document. Rachel
responded that the report is a public document. Joey also asked about discussing training in police
oversight, NACOLE and their best practices. Kay joined the meeting. Anne asked the
subcommittee if they wanted to review the case. Reverend Lewis expressed that he would like to
go into Executive Session to discuss the case.

6:54 Motion was made to enter into Executive Session pursuant to 1 M.R.S. Sec. 405(6)(F) to
 discuss IA2024-006 by Anne and seconded by Reverend Lewis. Passage 7-0.

7:39 Out of Executive Session.

 Motion was made by Reverend Lewis to find that IA2024-006 was objective; seconded by
Kay. Passage: 3 yes; 2 no; 2 abstention, IA2024-0006 was found to be objective.
 Motion was made by Xavier to find that IA2024-006 was timely; seconded by Reverend
Lewis. Passage: 6 yes; 1 no, IA2024-0006 was found to be timely.
 Motion was made by Reverend Lewis to find that IA2024-006 was fair; seconded by Kay.
Passage: 4 yes; 2 no; 1 abstention, IA2024-0006 was found to be fair
 Motion was made by Kay to find that IA2024-006 was thorough; seconded by Reverend
Lewis. Fails: 3 yes; 3 no; 1 abstention, no consensus reached, IA2024-0006 was not found to be
thorough, nor was it found not to be thorough.

 No public comment.

7:46 Motion was made by Reverend Lewis and seconded by Gino to adjourn. Passage 7-0.




 Page 5
 CITY OF PORTLAND
 POLICE CITIZEN REVIEW SUBCOMMITTEE
 Anne Hardcastle, Chair



 RE: Police Citizen Complaint
 IA
Dear ___________:
 The City of Portland has a Police Citizen Review Subcommittee (PCRS) that
reviews all of the Police Department’s Internal Affairs (IA) investigations into citizen
complaints about the Police Department. The PCRS reviews the IA investigations to
ensure that they are thorough, objective, fair, and timely. Although the Subcommittee
cannot change the Police Department’s decision on an investigation, or impose discipline,
it ensures that the IA division is conducting its investigations appropriately. The PCRS
reports its findings directly to the City Manager so that she can address any issues that the
Subcommittee might identify with the IA process.
 The PCRS reviewed the IA investigation into your complaint and found that the
investigation was thorough, objective, fair, and timely.
 If you have any questions about the PCRS or its process, or would like to provide
feedback, the PCRS meets regularly throughout the year, and welcomes public comment
at the beginning of each meeting. Meetings are posted on the City website at
https://www.portlandmaine.gov/602/Agendas-Minutes. You are also welcome to reach
out by email at pcrs@portlandmaine.gov, or by mail or phone through the City’s
Corporation Counsel’s Office, whose contact information is at the bottom of this letter.
Any comments or questions you provide will be shared in the next meeting of the PCRS.
 The PCRS takes its role seriously in ensuring that the review of citizen complaints
about the Portland Police Department is fair and effective, and appreciates you bringing
forward your concerns.
 Sincerely,
 /s/ Anne Hardcastle
 Anne Hardcastle, Chair
cc: Police Citizen Review Subcommittee
 Danielle P. West, City Manager
 Mark DuBois, Portland Police Chief
 Michael I. Goldman, Corporation Counsel




 389 Congress Street, Room 211, Portland ME 04101
 www.portlandmaine.gov / tel. 207.874.8480 / tty. 207.874.8936 / fax. 207.874.8497




 Page 6
Police Citizen Review Subcommittee
 Review of Obligations & Duties




 November 13, 2024




 Page 7
Structure of the PCRS
Established by Chapter 2, Article IV of the Portland City Code
 ● Composed of seven (7) commissioners, who are residents of
 the City of Portland
 ○ Cannot be former employees or City Council members (10 year
 restriction)
 ○ Family members or commissioners cannot have been Portland
 police officers, arrested, filed a complaint, or brought suit (10
 year restriction)
 ● Appointed by the City Council to 3 year terms
 ○ Limited to 3 terms
 ● Assisted by the City’s Corporation Counsel’s office



 Page 8
Meetings of PCRS
Quorum: Four (4) members; Three (3) members during vacancy
Public Meetings
 ● Required by Freedom of Access Act
 ● Public notice of meetings
 ● Executive session to discuss specifics of IA cases
 ○ To protect privacy of employees & other individuals involved in
 the underlying situation
 ● Vote in public session
 ○ Public discussions should not include specifics of IA cases which
 are otherwise confidential
 ● Meeting minutes are required
 ○ Must include date, time, place, presence or absence of
 members, motions or votes taken
Outside communications
 Page 9
 ● Exercise caution in emails & other external communications
PCRS’ Duties - Review of IA Investigations
Section 2-76 of Chapter 2 of the City Code
To determine whether police investigations into citizens’ complaints by
members of the public against police officers are thorough, objective,
fair and timely by auditing the police department’s internal affairs’ unit
investigative methods and procedures.


Key Points
 ● Review of IA process, not reinvestigation of underlying incident
 ● Review is to determine if investigation is thorough, objective, fair,
 and timely
 ● Review only citizens’ complaints


 Page 10
PCRS’ Duties - Review of IA Investigations
Limitations on Review
 ● No power to call witnesses
 ● No ability to impose or modify disciplinary action or lack of
 action against a police officer
 ○ No recommendations, findings, or comments relative to
 disciplinary action
 ● Consideration is limited to thoroughness, objectivity, fairness
 and timeliness




 Page 11
PCRS’ Duties - Review of IA Investigations
PCRS has developed its own suggested guidelines for evaluating
IA investigations - updated in March 2023




 Page 12
PCRS’ Duties - Review of IA Investigations




 Page 13
PCRS’ Duties - Review of IA Investigations




 Page 14
PCRS’ Duties - Review of IA Investigations




 Page 15
PCRS’ Duties - Review of IA Investigations
Letter send to citizen complainant after review notifying them of
findings




 Page 16
PCRS’ Duties - Review of IA Investigations




 Page 17
PCRS’ Duties - Additional Duties
Annual Report to the City Manager
 ● Subcommittee’s determinations on thoroughness, objectivity,
 fairness, and timeliness of IA investigations
 ● Recommendations and/or proposals for improvements or
 modifications in:
 ○ Police internal affairs investigative processes, policies or
 training
 ○ Enhancing public confidence in the methods and
 processes of investigation of citizen complaints
Public Hearing
 ● At least annually
 ● To receive comments upon the police citizen complaint
 process
 Page 18
Questions?


 Page 19