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HomeMy WebLinkAbout2020 11-30 CCM Work SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 30, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 6:00 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Police Chief Tim Gannon, Police Commander Rick Gabler, and City Clerk Barb Suciu. CIVILIAN REVIEW BOARD Mayor Elliott stated the purpose of this meeting is to discuss the potential for a civilian review commission for the City of Brooklyn Center. He added this issue was brought up in the aftermath of the killing George Floyd by Derek Chauvin. He noted the City Council met and discussed ways to improve public safety accountability and oversight in Brooklyn Center, and Councilmember Butler proposed the formation of a civilian review board, He noted the City Council expressed their support, and City Staff were asked to come back with information about existing civilian review boards in other communities. Mayor Elliott stated Commander Rick Gabler has done research on this issue and put together a presentation. He added oversight is incredibly important work in any capacity, including public safety. He noted the City Council would like to listen to the community and move forward in a direction that will move the City toward greater accountability and oversight. Police Chief Tim Gannon stated Commander Gabler was assigned the task of researching the issue of civilian review. He added Commander Gabler is a Community Services commander and has served with the Brooklyn Center Police for 15 years. He noted Commander Gabler has put together a good summary with opportunities and options for consideration by the City Council. Commander Rick Gabler stated his presentation will provide background on civilian review boards, including national and local models, as well as considerations for implementation, board member selection and training. He added, as of 2019, there were approximately 18,000 law enforcement agencies and an estimated 150-200 civilian review boards in the United States. He noted, in Minnesota, there are 422 law enforcement agencies and only 3 civilian review boards. 11/30/20 -1- Commander Gabler stated common goals for civilian review boards are to improve public trust in law enforcement; ensure public input in police complaint process; promote fair and thorough investigations; increase transparency; and deter police misconduct. He reviewed three different types of review boards: - investigation focused, review focused and auditor/monitor focused. He added investigation focused civilian review boards are led by trained civilian investigators operating separately from law enforcement. He noted this type of review board is being used in San Francisco, Washington, D.C. and San Diego County. Commander Gabler stated review focused civilian review boards are typically made up of civilian volunteers and police officers, and they review complaints and investigations before making recommendations to the Chief of Police. He added this appears to be the most common type of review board and would be the most appropriate for Brooklyn Center. He noted this type of review board is being used in St. Paul, Indianapolis, and Albany, New York. Commander Gabler stated auditor/monitor focused civilian review boards may participate in the investigation process and evaluate police policies and practices. He added members are policing experts, trained in analytics. He noted this type of review board is being used in San Jose, Los Angeles, and New Orleans. Commander Gabler stated Minneapolis' review board is a form of auditor/monitor model, and they reviewed the use of ketamine, as well as off -duty overtime practices. Commander Gabler reviewed the City of St. Paul's civilian review board as an example. Board members serve a term of 3 years, with no more than 2 terms in a lifetime, and are paid $50 per quarterly meeting. There are 9 community members on the board, and officers were removed from the board in 2017-18. Commander Gabler stated, in 2019, the Chief of Police modified the review board's recommendation in 7 out of 20 cases. Board member recommendations are made by the Mayor based on recommendations from the Human Rights Department and receive training prior to assuming board duties. Commander Gabler reviewed the City of Minneapolis' review board, which operates under the Office of Police Conduct. The review board has a minimum of 7 members, with 4 members appointed by the City Council and 3 members appointed by the Mayor. Individual review panels are conducted on a rotating basis by 2 citizens and 2 officers at the Commander level. Members receive $50 per meeting. Commander Gabler stated the review -focused panel for the City of St. Cloud, which has 111 officers, consists of 6 citizens and 3 officers, and meets as needed. Board members are not paid, and there is no budget. The review board and Chief of Police have agreed on all findings in the past 5 years. Commander Gabler stated citizen members are appointed by the Mayor and approved by the City Council, and police officers are recommended to the Mayor for appointment. There is at least 1 officer and 1 supervisor on the review board. 11/30/20 -2- Commander Gabler reviewed the following notable findings: • St. Cloud and St. Paul require that the Chief of Police meets with the review board chair within 5 days if there is disagreement regarding the board's findings. • National citizen complaint sustain rate is approximately 10%. Minnesota Police Officers Discipline Procedures Act prohibits review boards from making a finding of fact on a complaint or imposing a discipline. Review board recommendations are not binding. • Review boards in St. Cloud, Minneapolis and St. Paul review complaints that are consistent with what other national review boards. • If Brooklyn Center adopts the same criteria, 23 external complaints would have been reviewed in 5.4 years, or approximately 4 complaints per year, and 27 internal complaints. • Actual case discussions in Minneapolis, St. Paul and St. Cloud are closed to the public. Commander Gabler stated costs associated with a potential citizen review board in Brooklyn Center could include training and materials. He added the role and responsibilities of the review board should be defined by Ordinance. He noted, due to the low volume of complaints in Brooklyn Center, the review board could perform other tasks including policy recommendations, community outreach, and reviews of annual report and complaint processes. Commander Gabler stated the Internal Affairs investigator could be involved in board meetings to answer questions about specific investigations. He added he sees value in having police officers on the board, to answer citizens' questions regarding police matters related to investigations. Commander Gabler stated he recommends giving some consideration to whether the review board might give the perception of a delay in accountability, that could adversely impact complainant/officer satisfaction. He noted this concludes his presentation. Chief of Police Tim Gannon thanked Commander Gabler for his presentation. He stated he had two additional points to make, related to questions posed by residents at earlier meetings. He added Brooklyn Center's Police Department uses the 211 century policing model introduced during the Obama administration, which stresses the importance of civilian review to strengthen trust within the community and recommends inclusion of input and insight from police employees. Chief Gannon stressed the importance of consistent accountability and transparency for police officers at many different levels. He stated a community relations council will be implemented in 2021 to review all complaints and ensure policing excellence. DISCUSSION AND QUESTIONS Mayor Elliott thanked Commander Gabler for the presentation. He invited people who have joined the meeting to ask questions and provide feedback and comment. Councilmember Butler asked whether any research was done around cities that are closer in size to Brooklyn Center. 11/30/20 -3- Commander Gabler stated most cities that have a civilian review board are bigger and have a larger police force, typically over 100 officers. He added he was unable to find a city the same size as Brooklyn Center. Faisal Dandal stated he has been a business owner in Brooklyn Center since 2001, and a resident for four years. He asked why the City of St. Paul was making the decision to remove police officers from their review board. Commander Gabler stated a study at the University of Minnesota provided recommendations for improving St. Paul's civilian review board, including removing officers from the board. He added there were periods of deliberation and decision -making when there were multiple non -voting officers present, and that was construed as intimidating to the citizens. He noted the officers' presence could have influenced both other officers and citizens. Mr. Dandal stated civilian members of the review board would need to receive proper training. He asked whether civilians would have the necessary knowledge and expertise to conduct police officer reviews if there are no police officers on the board to provide guidance. Commander Gabler stated in his opinion it is helpful to have police officers who can explain issues related to complaints and provide input and guidance. Mr. Dandal asked whether there would be more complaints if there were a civilian review board. He asked what would happen if there was a complaint against a police officer who is serving on the review board. Commander Gabler stated it is difficult to say whether there would be more complaints as it is hypothetical. He added he is unsure what the process would be if there was a complaint issued against an officer who is serving on the civilian review board. He added he would recommend that the officer be removed from the case review and an alternative officer could be added if needed. Mr. Dandal requested clarification regarding CJIS. Commander Gabler stated the Criminal Justice Information Service is related to privacy data. Paul Carey stated he has been a life-long resident of Brooklyn Center, and he and his wife are raising their four children here. He added this conversation is really encouraging, and he is very appreciative that the City Council and Police Department are considering this approach. He thanked Commander Gabler for his presentation, which took a lot of time and research and was very well done. Mr. Carey stated it feels like this discussion is just the surface of a very important topic for Brooklyn Center, and more opportunities for community engagement and feedback are needed. He suggested that an experienced, unbiased third party could be engaged to provide recommendations. He added he would like information about what actions are being taken by smaller cities, similar in size to Brooklyn Center. He encouraged the City Council to wait for more information and community feedback before making any decisions or taking a vote. 11/30/20 4- Commander Gabler thanked Mr. Carey, and his wife Melissa, for their feedback and comments. He added further information on best practices for civilian review boards can be found on the NACOLE website (National Association for Civilian Oversight of Law Enforcement). Lori Bardal thanked Commander Gabler for his presentation, which was well thought out and put together. She added her concern with having a civilian review board is having police officers on the board itself, because many people are intimidated by police, especially in the current climate, and would not feel comfortable voicing their opinions. She added this board should be a community effort without police involvement. She expressed concern that the presentation and meeting tonight are being presented by the Police Department, which does not make sense, and it is a conflict of interest. She asked how the civilian review board would be different from the City's already -existing MAC (Multi -Cultural Advisory Commission), which has been somewhat unsuccessful. Commander Gabler stated the MAC was established to bridge a gap between police officers and the City's multicultural population. He added the goal of the MAC is to help police officers understand the diverse community, and to support community understanding of police policies and procedures. He noted the MAC has never reviewed police complaints, which is what a civilian review board would be set up to do. Ms. Bardal asked whether the MAC gives recommendations to the Police Department. Commander Gabler confirmed that the MAC has made recommendations and reviewed policy but does not address complaints. Ms. Bardal stated she has attended MAC meetings and people are afraid to speak up because it is enforced by police. She added a new committee should be run by the community and not the Police Department. A resident stated he echo those comments. He added the police can be involved, but only in an advisory role. Philip Gray, resident, thanked Commander Gabler for an outstanding presentation. He added it sounds like the recommendation would be for a review board. Commander Gabler agreed. Mr. Gray stated he does know what the cost would be, but he does not believe it would be necessary to have full-time investigators outside the Police Department due to the low number of complaints. He added the auditor/monitor model appears to be committee that reviews practices and procedures, which is more of a big picture issue. Mr. Gray stated retired police officers from other communities could be a part of the commission as they would be more neutral but would bring their perspective as police officers. He asked why this commission is being considered, because it seems like something that would be important in a community where there are a large number of complaints, and that is not the case in Brooklyn Center. He added there is an issue with transparency and accountability in minority communities, as people are not willing to complain to the police about the police. 11/30/20 -5- Police Chief Gannon stated this presentation is being made by the Police Department at the request of the City Council, through the City Manager. He added the decision about whether or not to have police officers on the board would be made by the City Council and the community. He noted the Police Department does not anticipate an increase in complaints or any problems with the complaints process. He agreed some people are reluctant to make a complaint, but there are other resources and information available to residents through the City. Mr. Gray stated he supports not rushing into the establishment of a review board, as this is an issue that should be thoroughly vetted and reviewed before any final decisions are made. He added the City should get input from as many community members as possible. He thanked the City Staff and Police Department for their hard work and efforts. Councilmember Graves thanked Mr. Gray for his comments, as he expressed almost all of her thoughts. She added she has considered the relatively small number of complaints, the City's existing multi -cultural advisory committee, and the lapsed Human Rights Commission. She noted community feedback should continue to be sought regarding the makeup of a potential citizen review board, but also ways to leverage what is already in place without recreating a whole new thing. Councilmember Graves suggested the MAC could be given the opportunity to review complaints, especially considering there are not a lot of complaints. She added the City should consider reinvigorating the Human Rights Commission. She noted she does not want to drop this conversation but maybe see if some of what has been discussed can be put to other approaches that the City already has, as a way of moving this forward and addressing these issues that have been brought up at this meeting. Commander Gabler stated there is no State statute that regulates how this type of civilian board has to be made up. He added there is legislation that governs disciplinary authority, and open meeting laws, but the group itself can be tailored to each city's specific needs, and no two review boards are alike, so there is a lot of latitude. Lori Bardal stated there has been some reference to cost. She added Brooklyn Center has the highest taxes in the area, so the Police Department has the money to fund this type of board. She added, however, she likes Councilmember Graves' idea of revamping the advisory committee. She noted the police should not feel threatened by this board, which will be a review board to make recommendations but not have any authority to enforce any law or punishment. She expressed her support for having this type of committee, to hold officers accountable, receive community input, and put useful public pressure on issues that need to be addressed. Ms. Bardal stated a requirement that board members would have to be residents of Brooklyn Center would disqualify all the police officers. Councilmember Ryan expressed his appreciation for comments made earlier by his friend, Phil Gray, and also Councilmember Graves. He stressed the importance of be moving forward in a measured and deliberative manner. He added it is imperative to hear from all the different 11/30/20 -6- communities in Brooklyn Center, but the expertise and knowledge of the Police Department is also important, so best practices and procedures will be followed under various circumstances. He noted he is confident that the Police Department promotes a fair, investigative process, and they have tried to deter misconduct, but there is not universal confidence in the community that that is the case. Councilmember Ryan stated a civilian review board would make it possible to increase that level of confidence. He added he does not have the answers yet, but he looks forward to hearing from more community members. Councilmember Graves noted that resident Caroline Long wished to have a chance to speak. Caroline Long, resident, stated George Floyd was mentioned, but she reminded everyone that Kobe, a member of the Brooklyn Center community, was wrongfully murdered by the police. She added she feels there is a need for a civilian review board, but she questions having police on the committee. She noted, as a person of color, she would feel pressure to answer a certain way if there were police on the committee. She expressed her opinion that it would not be possible for the Chief of Police to be an impartial part of the committee. Ms. Long stated the committee should have a minority representative, as minorities are the ones who are most targeted and impacted by the violations of the police. She added she would not want anything to happen to another family like what happened to Kobe's family. A woman stated she is the mother of Kobe Heisler. She thanked Caroline Long for standing up for her and her son and her family. She added she is offended that the person who started out this conversation stated that it was George Floyd's murder that prompted the need for a civilian review board. She added her son was wronged by the Brooklyn Center Police Department. She noted Commander Gabler reviewed other cities with citizen review boards that are the responsibility of the Police Department, and she does not agree with that. The woman stated the review board should be open to non-residents, and she wants to be on the board because her opinion matters. She added it does not matter how much it would cost, and she likes the idea of using retired police officers that live in other cities. She noted the City Council should not vote on this tonight as there is a lot more work to be done on this issue. Mayor Elliott thanked the residents for their comments. She apologized to Kobe Heisler's mother for not mentioning their family at the beginning of the conversation. He added he appreciates her being present and joining the meeting and having her family's voice heard in the conversation. Jonathan Thomas stated he has been a pastor in Brooklyn Center since 2012. He expressed his sincere condolences to the family who lost their son and thanked them for their courage in joining this discussion. He expressed his thanks to all the public servants and police officers who keep the community safe. He thanked the City Council for bringing this issue to the forefront. He asked how success will be measured if there is a civilian review board. 11/30/20 -7- Mayor Elliott stated City Staff will be making a list of questions, feedback and comments from tonight's meeting. Councilmember Graves stated this is not the first time the City Council has had a discussion about the issue of policing reform. She added the Brooklyn Center Police are using the 21' century policing recommendations from the Obama administration, as well as recommendations from the Attorney General's work group and the "8 Can't Wait" campaign. She noted the City Council's goal is to ensure that the City's policies are in line with best practices for social and racial justice and policing. Councilmember Graves stated she wants to have this conversation about a review board and continue to receive feedback and comments. She added it is about accountability. She noted the City of Brooklyn Center does not have a lot of complaints, as the issue is already passed by the time it is escalated to the complaint process. She stressed the importance of focusing on what is ahead, or upstream: training, cultural competency, and realignment of policies to illustrate the values that the City of Brooklyn Center wants its officers to hold. Mr. Boganey stated the Police Department recently put together police stop data for the City Council's review and consideration, which included ethnic components of individual data stops, which is being reviewed an analyzed. He added the City Council has done much work in the areas of transparency and accountability, and that work will continue. He noted the review panel is just one element to be considered in the City's overall strategy and goal, and the Police Chief s commitment, to ensure that policing is provided in a way that eliminates the kinds of complaints that are typically heard. Mr. Dandal stated a citizen review board would not be tasked with disciplining officers or enforcing disciplinary action. He added the Chief of Police would ultimately make decisions regarding complaints. He noted the community should have an outlet to speak freely about complaints they have with the Police Department, to allow people to have an opportunity to be heard. He noted he has had a business in Brooklyn Center for 20 years, and he is thankful for the help and support of the Brooklyn Center Police. Mr. Dandal stated a review committee should be made up of citizens only, and Brooklyn Center does not come anywhere near the number of complaints that are handled by investigators in the City of Minneapolis. Melissa Carey stated she agrees with Mr. Dandal's comments, that there would be policy overview and advising as well as recommendations from a committee made up of citizens. She added, as Councilmember Graves noted, one part of this is further down the road, but the preventative piece can be done by the committee. She noted a policy committee could review suggestions for how to make the City more equitable in relation to how police interact with residents. She noted she made a suggestion a few years ago about having a mental health first responder. Mayor Elliott thanked everyone who joined the meeting and contributed to the discussion. He thanked Commander Gabler for his presentation which was well -researched and informative. He 11/30/20 -8- noted many community members expressed concerns and questions that must be addressed before moving forward. Mayor Elliott stated a long-time resident, Paul Carey, spoke about opportunities for citizen feedback and concerns about whether or not police should be on the Commission, and what type of commission we should have. He added there are many issues to review, including whether police officers are included on the review board. He added another issue for consideration is the process if an officer on the review board has a complaint against him or her. He noted he has met with representatives of civilian review boards in other cities, including St. Cloud and Duluth. He stressed the importance of continuing discussions to ensure that whatever is decided is the best decision for Brooklyn Center and its residents. Mayor Elliott stated another meeting will be scheduled that will include people from other cities who can provide feedback and comments about their own review boards. He that the community commit to continuing this difficult but important conversation. ADJOURNMENT Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded adjournment of the City Council Work Session at 7:42 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of the Work Session of the City Council of the City of Brooklyn Center held on November 30, 2020. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its December 14, 2020, Regular Session. vrjiw'�'1. /, .City Clerk 11/30/20 -9-