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HomeMy WebLinkAbout2024.11.25 CCM STUDY SESSION11/25/24 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 25, 2024 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor April Graves at 6:07 p.m. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Dan Jerzak, and Teneshia Kragness. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Reggie Edwards, Director of Community Prevention, Health and Safety LaToya Turk, Police Chief Garett Flesland, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Siobhan Tolar. CITY COUNCIL MISCELLANEOUS DISCUSSION ITEMS CODE OF CONDUCT City Manager Dr. Edwards summarized the history of the item. He and Staff reviewed the document alongside other City documents to eliminate any redundancies. City Attorney Siobhan Tolar explained some sections were renumbered for clarity. The highlights are intended to reflect thematic consistency. The two documents are complementary. Ms. Tolar pointed out page two is where the edits begin. The new section is the City Council Code of Conduct and Ethics. Each section has a header. She attempted to soften the language and avoid a prescriptive tone. Ms. Tolar stated the second section has similar edits. In B., Council Conduct with City Staff, there are highlighted areas reflecting the complementary sections. In subsection 5., Follow-Up Requests or Directives has been edited with an additional reference to the Charter. On the whole, there are not any contradictions with the City Charter. Councilmember Jerzak stated he wanted the section to reference policies and cite the Charter. He didn’t previously articulate his desire well. 11/25/24 -2- DRAFT Ms. Tolar noted she was unsure if Council wanted to retain subsection 9. Political Solicitation. Councilmember Jerzak stated he has displayed political signs in his own yard for both Executive Branch and local elections. Ms. Tolar asked if he has promoted candidates in his role as Councilmember. Councilmember Jerzak stated he has only displayed political signs on private property. Ms. Tolar stated the item refers to promoting political candidates while representing the Council. Councilmembers Kragness and Jerzak expressed their support for the item. Ms. Tolar added there are two drafted options for subsection 12. Surprise Issues. The item could be renamed to 12. Political Gamesmanship. Councilmember Kragness stated she would like a combination of both. She doesn’t like the term “surprise” as it is subjective. She added she appreciated the part about avoiding “putting colleagues in awkward or disadvantageous positions” and the sentence “make every attempt to submit questions or concerns prior to formal meetings.” Ms. Tolar stated she would keep the item 12. Political Gamesmanship and add the sentence about making effort to submit questions. Ms. Tolar stated the next section is called C. Council Conduct with the Public. She read aloud Subsection f. Avoid Personal Attacks and pointed out it is thematically consistent. Councilmember Kragness suggested softening the language by changing “should not” to “should refrain from.” Ms. Tolar noted the rest of the edits are primarily adding headers. She did move subsection 3. Conduct During Meetings to section G. Accountability Measures for organizational purposes. Section H. Ethics remains the same with references to other governing documents. Councilmember Kragness thanked Ms. Tolar for her edits and work on the item. Councilmember Jerzak pointed out Councilmember Lawrence-Anderson is not present to vote on the important item. Additionally, there will be a new Councilmember in 2025. He asked for the item to be tabled until the new year or indefinitely. Mayor Graves stated the Council and City Attorney have reviewed the item multiple times. She explained she would like to vote on the item before the end of the year, and her hope is full consensus from the Council. It is her preference to have the item on the Regular Session at the next Council meeting. Councilmember Butler agreed Councilmember Lawrence-Anderson has had ample time to provide feedback, and the City Attorney has done a great job. She stated she would like to vote on the item at the next meeting. Councilmember Kragness stated there have been a couple of edits since Councilmember Lawrence-Anderson has been able to review the document. Also, the new Councilmember should have an opportunity to agree on the item. Overall, she would prefer to wait until January. 11/25/24 -3- DRAFT Councilmember Jerzak noted his agreement with Councilmember Kragness. He pointed out the Charter is still the governing document and will remain in place. Mayor Graves stated the complaints about Commissioners and Councilmembers she has received have no recourse per the Charter. She has tried to build consensus among the Council rather than passing the measure with only partial support. There needs to be an accountability measure in place. She has received the most pushback from Councilmembers Jerzak and Lawrence-Anderson. She stated she is concerned they will use the addition of the new Councilmember to further push the same agenda. Councilmember Jerzak acknowledged he has pushed back on the item. The Charter has been in place for a number of years and has served its purpose. He expressed concern about the weaponization of the proposed document. Elected officials such as Councilmember Lawrence- Anderson have the right to vote on such matters. Additionally, Councilmember Kragness has shown interest in moving the item until January. Councilmember Jerzak moved to table the item indefinitely. Councilmember Kragness stated she doesn’t want to table the item indefinitely. The motion failed for lack of a second. Councilmember Jerzak moved and Councilmember Kragness seconded to table the item to January. Councilmember Butler and Mayor Graves voted against the same. Motion failed. Mayor Graves stated there are minor edits Staff will implement to soften the language, and Councilmember Lawrence-Anderson will be able to review the minutes from the meeting. Councilmember Jerzak requested that Regular Session Consent Agenda Item 6j., Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA- TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure, be moved to a discussion item. There was no objection from Council. Consent Agenda Item 6j. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure will be moved to Council Consideration Item 10a. Resolution Accepting Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) Funding Grant for Opportunity Site Phase 1 Public Infrastructure. 11/25/24 -4- DRAFT Councilmember Jerzak requested that Regular Session Consent Agenda Item 6l. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site, be removed from the Consent Agenda. There was no objection from Council. Consent Agenda Item 6l. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site will be considered as Council Consideration Item 10b. Resolution Accepting Funding Award of the Hennepin County Transit-Oriented Communities Grant Application - Opportunity Site. Councilmember Jerzak requested that Regular Session Consent Agenda Item 6o. Resolution Authorizing Amendment of the 2024 Centerbrook Golf Course Budget be removed from the Consent Agenda. There was no objection from Council. Dr. Edwards stated Staff was going to request the item be removed from the agenda and considered at a future date. Mayor Graves asked that this item be set as a Council Consideration item for the December 9, 2024 meeting. Councilmember Jerzak explained he wanted to move the item until there is more clarity on the budget. The timing is difficult because the budget hasn’t been set. Dr. Edwards agreed there will be more information and analysis available for the December 9, 2024 meeting. CITY MANAGER MISCELLANEOUS DISCUSSION ITEMS City Manager Reggie Edwards asked if the Council wanted to add the presentation from Random Acts of Kindness. If the Council wanted to read out the names associated with Random Acts of Kindness, then it should be held until December 9, 2024, as an item under Presentations/Proclamations/Recognitions/Donations. Mayor Graves noted her agreement with the suggestion. She pointed out it wouldn’t be a full celebration but rather a reading of names. Councilmember Jerzak agreed with the suggestion as well. He thanked Director of Community Prevention, Health and Safety LaToya Turk and her Staff for their effort on the item. Councilmember Kragness added she would like proper recognition for Random Acts of Kindness because the previous meeting was canceled. Dr. Edwards pointed out at the recent budget meeting, Councilmember Lawrence-Anderson and Finance Commissioner Joylenna Garcia were absent and excused. Staff did receive notice prior to the meeting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 11/25/24 -5- DRAFT BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION Director of Community Prevention, Health and Safety LaToya Turk explained the Council requested additional discussion on the topic of the Community Safety and Violence Prevention Commission. Ms. Turk pointed out there are approximately 18,000 law enforcement agencies in the United States. As of 2019, there were estimated to be around 150 to 200 Civilian Review Boards. The goals of the Review Boards include improving public trust in law enforcement, ensuring public input in the police complaint process, promoting fair and thorough investigations, increasing transparency in the complaint process, and deterring police misconduct. Ms. Turk stated there are three types of review boards: investigation-focused, review-focused, and auditor/monitor-focused. For the investigation-focused model, the board would conduct independent investigations of police complaints which may parallel or replace internal affairs investigations. Investigations are typically completed by civilian investigators and the organization typically operates separately from law enforcement. Ms. Turk stated the review-focused model is generally made up of citizen-volunteers and includes police officers. The reviews are usually completed internal affairs and complaint investigations. Any complaint-finding recommendations are made to the Chief. The board may receive complaints from the community as well. This is the most common type of review board. Ms. Turk added the auditor/monitor model may participate in the internal affairs investigation process. The board may evaluate and review police policies and practices and make recommendations for change and evaluate for larger patterns of misconduct. Members are typically well-trained in analytics and tend to be experts in policing. Ms. Turk showed table comparing the types of review boards. Investigation-focused models frequently receive complaints, frequently decide how to handle a complaint, sometimes review police investigations, and frequently conduct independent investigations. The review-focused models frequently receive complaints, rarely decide how to handle a complaint, frequently review police investigations, and rarely conduct independent investigations. Lastly, the auditor/monitor models frequently receive complaints, sometimes decide how to handle a complaint, frequently review police investigations, and sometimes conduct independent investigations. Ms. Turk pointed out that the Council requested information on local review boards. St. Paul has a board with three-year terms. No members may serve more than two terms in a lifetime. On top of reviews, they advise on department policy and prepare an annual report. In 2019, the budget was $16,000 and members received $50 per meeting attended. Meetings are subject to open meeting law and occur at least quarterly but up to twice per month. Ms. Turk explained the St. Paul Police Department has about 629 officers. Their board is review- 11/25/24 -6- DRAFT focused and its authority is per ordinance. Their Human Rights Department is responsible for board, and there is a full-time Review Coordinator. The final discipline authority is the St. Paul Chief of Police. The Board is made up of nine community members. Officers were removed from the panel in late 2017. Ms. Turk explained Minneapolis has about 800 officers within its Police Department. The board is both investigative and review-focused and has authority per an ordinance. The Department of Civil Rights has responsibility for the entity, and the Minneapolis Chief of Police is the final discipline authority. The board has a minimum of seven members. Four are appointed by Council and three by the Mayor. Individual review panels consist of two citizens and two officers at the Commander level. The panels rotate members based on availability. Terms can be two to four years. Ms. Turk pointed out the Minneapolis board also prepares an annual report. Members receive $50 per meeting, and their budget is just over $1 million. There are five or six full-time staff assigned to oversee the board. The group meets at least once per month. Ms. Turk stated the City of St. Cloud has 111 officers. The board is review-focused and has authority per ordinance. The Police Department has the responsibility of the board, and the Police Chief as the final discipline authority. The board consists of six citizens and three officers. The term limit is three years, and no officer may serve more than two terms. Ms. Turk added the St. Cloud board also prepares an annual report. The board members are unpaid, and the group meets as needed. Ms. Turk noted there have been internal conversations for various Staff involved in Brooklyn Center’s public safety system including the Fire Department, Police Department, Parks and Recreation Department, and the Office of Community Prevention, Health and Safety. They have discussed necessary metrics and City capacity. Ms. Turk stated the Resolution calls for a Community Safety and Violence Prevention Committee as public safety is the responsibility of all community members rather than just law enforcement. Its role is to provide recommendations on public safety initiatives, policies, and practices. Primary objectives include reviewing and recommending public safety policies, community engagement and collaboration, promoting equity in public safety, creating violence prevention strategies, monitoring public safety metrics, and support development of the expanded response models. Ms. Turk explained they are looking for the Commission to be an affiliate for the City rather than being housed within a singular department. As they review and recommend policies, the Commission would make recommendations regarding existing public safety policies, programs, and practices in the City of Brooklyn Center. This includes evaluating the effectiveness of current law enforcement approaches and proposing alternatives where applicable, with a focus on non- violent crisis intervention, prevention, and community-based strategies. 11/25/24 -7- DRAFT Ms. Turk noted it takes time to develop new public safety efforts and build capacity. It would be the role of the Commission to foster transparent, ongoing dialogue between City leaders, law enforcement, community members, and stakeholders to build trust, enhance community-led safety initiatives, and ensure that community voices are at the center of decision-making processes. Ms. Turk stated there are research opportunities to process and consider data to best promote equity in public safety. The Commission would ensure that public safety policies and practices are equitable and do not disproportionately impact marginalized or underserved populations. This includes providing recommendations for addressing racial disparities in public safety outcomes, particularly as they relate to law enforcement interactions, incarceration, and the justice system. Ms. Turk pointed out the Commission would have the opportunity to create violence prevention strategies by developing and recommending community-based violence prevention strategies that focus on addressing the root causes of violence, including poverty, mental health, substance use, housing instability, and lack of access to social services. Ms. Turk stated in order for the Commission to monitor public safety metrics, they would work in alignment with national metrics and best practices to measure the effectiveness of public safety policies and initiatives. Additionally, they would regularly review and report on public safety data, including crime rates, use of force incidents, community satisfaction with law enforcement, and other relevant indicators in collaboration with the City’s public safety departments. Ms. Turk added to support the development of expanded response models, the commission would explore and support the implementation of non-law enforcement response models, including but not limited to mental health crisis intervention teams, violence interveners, and social service programs designed to provide holistic responses to non-violent incidents. Ms. Turk explained the roles and responsibilities for the committee would be to provide recom- mendations to the City Council, facilitate community forums and workshops, collaborate with other City departments and agencies, and develop an annual report. The Commission will submit regular recommendations to the Brooklyn Center City Council on policies and practices related to public safety and violence prevention. These recommendations will be evidence-based, consider- ing national best practices and community input. Ms. Turk stated as for membership, there has been robust discussion regarding the number. There is a limited pool of people to pull from, and they want to gather a group that will reflect a broad cross-section of the Brooklyn Center community, including residents, business owners, faith-based leaders, educators, youth representatives, and experts in public safety, mental health, social ser- vices and related fields. The majority of Commissioners must be City residents. City Staff will review applications and forward recommendations to City Clerk for the Mayor and Council to review and appoint. Ms. Turk noted the qualifications are still within the spirit of the Daunte Wright and Kobe Dimock- Heisler Community Safety and Violence Prevention Act. Members should have demonstrated 11/25/24 -8- DRAFT interest or have direct experience in public safety, the criminal justice system, community engagement, public health, violence prevention, and/or social justice. The Commission will prioritize members who represent communities most affected by public safety issues and/or hold public safety or public health credentials. Ms. Turk added the suggested term length is for members to serve two-year terms with the option for reappointment to an additional term. To ensure continuity, initial appointments will be staggered so that approximately half of the members’ terms expire in alternating years. Ms. Turk stated the Commission would meet quarterly or as needed, depending on the urgency and scope of the issues under review. Special meetings or subcommittees may be formed to focus on specific areas such as youth engagement, mental health crisis response, or community-police relations. Ms. Turk pointed out the final disciplinary authority would belong to the Chief of Police. Any and all recommendations from the Commission would be reviewed and considered by the Council. The group wouldn’t provide input on hiring, firing, or recruitment. Mayor Graves noted the presentation was thorough. She would consider input from Staff and community members. It is important to have a variety of expertise and lived experience on the Commission. Over the past five years, there have only been 23 complaints regarding the Police Department. Therefore, it makes sense for the Commission to have responsibilities beyond complaint review. Councilmember Jerzak explained he would like input from the Police Chief as it would significantly impact his Department. He noted he has received a number of comments regarding the Commission membership. They aren’t opposed to outside voices, but they would like only community members to retain voting rights. Councilmember Jerzak pointed out that the Council hasn’t fully reviewed the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. There is an item regarding the Commission’s ability to review police contracts and Chapter 19. The membership likely won’t have the expertise to review contracts. The City doesn’t have the budget to pay folks. Also, he has concerns about quorum considering the existing commissions commonly fail to meet quorum. Councilmember Jerzak added the training of the members must be very thorough considering the sensitive information they would review. They must be trained on confidentiality and also have their criminal records considered. Councilmember Kragness stated she has concerns about the membership, and she would like there to be consistency with existing commissions. Most of the commissions have one chair and six members. She noted her preference for all commissioners to be residents. Mayor Graves stated if officers were to serve on the Commission, they may not be a resident. 11/25/24 -9- DRAFT Councilmember Kragness pointed out she is the Liaison to the Financial Commission, but she isn’t a voting member. Mayor Graves stated there is a difference between members and non-voting members. Councilmember Kragness agreed. She is a Liaison and not a member. Staff, officers, or other professionals may attend the meeting, but they should not have voting power. Ms. Tolar noted the Arts Commission has a designated number of advisory members. They have voting members, non-voting members, and Staff liaisons. Mayor Graves stated the Charter Commission has a unique composition and with a range of allowed members. Dr. Edwards explained each commission has one Council Liaison and one Staff Liaison. However, many Staff may participate in the meetings and collaborate with the commissions. Staff and Council are not counted as members. Ms. Turk pointed out any time she presents to the Council regarding public safety, she has already discussed the presentation with all Departments related to public safety. Police Chief Garett Flesland noted he has been looking forward to the presentation. Staff hasn’t had the opportunity to hear from Council regarding the original intentions of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Staff has done a great job interpreting the spirit of the Resolution and the conversation has been helpful to narrow the scope. The Commission would be an additional resource for the Police Department to enhance the scope of their work. Councilmember Jerzak asked Chief Flesland for his perspective on the most and least promising outcomes of the Commission. Chief Flesland stated the City gets stronger as there is more communication. A positive of the Commission would be the enhanced communication, collaboration, and new ideas. As for a potential pitfall, there will likely be disagreements. All participants need to enter conversations with open minds. Councilmember Jerzak asked if Chief Flesland believes he can bridge the gap between the potential officers and the Commission. Chief Flesland stated having the Department from the outset will help prevent division. Councilmember Jerzak asked if Chief Flesland has any input on the makeup and size of the Commission. Chief Flesland stated he would need time to consider a specific number. Dr. Edwards pointed out that the Commission is intended to address all components of public safety rather than just law enforcement. The Commission is purely advisory to the Council, and any recommendations would have to be considered and passed by Council. He added all departments would have input on the composition of the Commission. If the Council wants input on the composition from the Police Chief, they should also receive input from the other Directors. 11/25/24 -10- DRAFT Ms. Turk explained they were considering a group of nine to encompass more expertise within the Commission. Without that, there would be a heavier lift for Staff to educate members. On the Arts Commission, the advisory members have taken over much of the educational component so Staff can purely serve as liaisons. Mayor Graves thanked Ms. Turk for the presentation and all involved parties for the conversation. There needs to be more consideration regarding the composition of the Commission such as the number, advisory members, and liaisons. Councilmember Butler acknowledged other commissions only have residents as members. However, public safety impacts more than residents. For example, business owners have an important voice to consider in the conversation regarding public safety. On the whole, Brooklyn Center has been stagnant regarding community engagement. Community stakeholders such as educators, business owners, or school leadership would have impactful input. Dr. Edwards asked if Council would like Staff to bring the item as a Council Consideration item. Mayor Graves confirmed she would like for the topic to be on the agenda again at the next meeting. ADJOURNMENT Mayor Graves moved and Councilmember Jerzak seconded to close the Study Session at 7:15 p.m. Motion passed unanimously.