Police Citizen Review Subcommittee — Portland, ME
Date: 2024-10-09
Time: 18:00

City of Portland
 Police Citizen Review Subcommittee

 AGENDA
 October 9, 2024
 6:00 PM


1. Zoom information


a On Wednesday, September 11, 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: Oct 9, 2024 06:00 PM Eastern Time (US and Canada)
 Every month on the Second Wednesday
 Oct 9, 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=98tyKuGrqjIuHt
 OVthuGRpwqBor4LOjwtmJdjY1ryjzfOgJHZyLUN-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 September 11, 2024 minutes


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


5. Public comment on agenda items


6. Executive session pursuant to 1 M.R.S. Sec. 405(6)(F) to discuss IA2024-006


7. Public comment on agenda items


8. Adjourn

City of Portland
 Police Citizen Review Subcommittee

 AGENDA
 October 9, 2024
 6:00 PM


1. Zoom information


a On Wednesday, September 11, 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: Oct 9, 2024 06:00 PM Eastern Time (US and Canada)
 Every month on the Second Wednesday
 Oct 9, 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=98tyKuGrqjIuHt
 OVthuGRpwqBor4LOjwtmJdjY1ryjzfOgJHZyLUN-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)

 Page 1
 +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 September 11, 2024 minutes


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


5. Public comment on agenda items


6. Executive session pursuant to 1 M.R.S. Sec. 405(6)(F) to discuss IA2024-006


7. Public comment on agenda items


8. Adjourn




 Page 2
 MINUTES
 POLICE CITIZEN REVIEW SUBCOMMITTEE

 September 11, 2024
 Meeting Held Remotely Via Zoom

Members present: Reverend Lewis, Vice-Chair; Kaylin Kerina; Xavier Botana

Members absent: Anne Hardcastle, Chair; Gino Desruisseaux; Tim Smith

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

6:01 Call to order.

 Reverend Lewis held a moment of silence in remembrance of September 11, 2001.

 Motion was made by Kaylin and seconded by Xavier to adopt the August 14, 2024 meeting
minutes. Passage 3-0.

 Standing of the new ordinance:
 Rachel is meeting with the Mayor and other city officials next week to discuss next steps.
She does not have any updates. Xavier asked if there were any statutes around the implementation
of the charter provisions and expressed his concern that two years have passed since they were
approved by voters. Rachel responded that the charter language states that the ordinance shall be
adopted promptly – but there are no statutory provisions that address the timeframe. Kay asked if
the subcommittee still stands as is. Rachel explained that the language reflects that the current
board stays in place until the new board replaces them. Reverend Lewis asked about whether they
should be filling vacancies. Rachel answered that the city posted the vacancy and Joey Brunelle
was nominated by the Legislative and Nominating Committee, his appointment will be considered
at the next City Council meeting to be held on Monday, September 16. The vacancy will be filled
if his appointment is approved by the City Council. Kaylin asked about term limits as they relate
to the transition to the new board. Rachel recalled that the current terms count toward the new
board terms. Xavier inquired about whether there will be any changes to the draft ordinance as it
relates to negotiations with the police unions. Rachel explained that those negotiations took place
in executive session so she is unable to disclose what was discussed. Xavier is concerned that after
two years there still is no new ordinance. Rachel reiterated that she is meeting next week to discuss
next steps and is actively working on the matter.

 Joey Brunelle offered public comment on the implementation of the new ordinance.

6:17 Motion was made to enter into Executive Session by Xavier and seconded by Kaylin.
 Passage 3-0.

6:28 Out of Executive Session.




 Page 3
 Motion was made by Kaylin to postpone the review of IA2024-006 until the October
meeting; seconded by Xavier. Passage 3-0.

 No public comment offered.

6:30 Motion was made by Xavier and seconded by Kaylin to adjourn. Passage 3-0.




 Page 4

APPROVED 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
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
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.