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05.12.22 POP Meeting NotesBoulder Police Oversight Panel Meeting Notes May 12, 2022 I. Approval of last month’s meeting notes Mr. Leonard motioned to approve, Ms. Amaru seconded, unanimously approved II. Committee reports a. Community Engagement & Communications Committee i. Mr. Leonard provided an update on last week’s meeting to discuss the panel’s outreach plan with the city’s communications staff. b. Governance Committee i. Ms. Villalobos indicated that the committee was working on a proposed amendment to the by-laws that could be discussed and voted on at next month’s meeting. c. Legacy Review Committee i. Ms. Wilson indicated that the committee was scheduled to meet on 5/23. At that meeting the committee will establish a regular meeting time and a mechanism for public input and accountability. III. Committee structure and roles a. Panel members discussed membership on the committees i. Ms. Amaru will serve on the Governance committee, while Mr. Leonard will serve on the Community Engagement committee. b. Ms. Wilson indicated that the Legacy Review committee currently has sufficient membership IV. Retreat planning a. Ms. Amaru indicated that she will send out a Doodle poll for June or July, on a Saturday or Sunday, from 10am-4pm b. The retreat will include media training and panelist-led sessions c. Location to be determined V. Monitor’s report a. In-person meetings: Mr. Lipari indicated that in-person meetings will occur no earlier than July due to a recent uptick in Covid cases. b. 2021 Annual Report: Mr. Lipari stated that the 2021 Annual Report is nearly complete and should be released on June 1. c. Quarterly meeting with Chief Herold: Mr. Lipari reminded the panel about the upcoming quarterly meeting with Chief Herold on May 25 d. 2023 Budget: Mr. Lipari indicated that the Police Oversight budget for 2023 has been submitted with budget requests for increases in the following areas: i. Outreach & Engagement ii. NACOLE conference travel funds iii. Panel member stipends e. Report on outcome of case reviews i. MI2021-049: An individual was arrested for prohibited use and possession of a weapon (firearm) while intoxicated. Police were dispatched to the location and made contact as the individual was outside of their ex-partner's apartment making repeated and harassing phone calls to the ex-partner. In their complaint, the individual stated that they have a concealed weapons permit and believed they were falsely arrested, and their vehicle was illegally searched. In addition, the complainant stated that certain personal valuables were missing from the vehicle after it was impounded. The search that resulted in the firearm being found in the vehicle began as an effort by an officer to retrieve the intoxicated individual's ID from inside the vehicle. The individual had already indicated that there were knives in the vehicle, so the officer could not allow the individual to go back into the vehicle to retrieve their ID. While the officer was attempting to retrieve the ID, the suspect's ex-partner called the officer and informed the officer that the individual carried a firearm in the vehicle. The officer then began a deeper search of the vehicle to find the gun. The officer did then find the gun and arrested the individual. The vehicle impound was handled by a different officer. That officer did not document any personal valuables on the impound inventory. The monitor classified this complaint as two separate allegations: • Officer #1: Allegation of Rule 1 Violation (G.O. 305-8 - Consensual Searches) • Officer #2: Allegation of Rule 1 Violation (G.O. 206-5 - Vehicle Inspection) A panel committee conducted a full case file review and recommended that both allegations be sustained against the officers. The panel committee recommended re-training for both officers through supervisory counseling. The Chief of Police came to the determination of “Sustained” for the allegation against Officer #1 of violating G.O. 305-8 Consensual Searches because the officer did not clearly indicate that the search for the ID was voluntary and could be declined. The Chief of Police issued re-training for Officer #1 through supervisory counseling, consistent with the panel committee’s recommendation. The Chief of Police came to a determination of “Not Sustained” for the allegation against Officer #2 of violating G.O. 206-5 Vehicle Inspection. The Chief concluded that Officer #2 had conducted a sufficient examination of the vehicle prior to impounding. No retraining was issued for Officer #2. ii. SM2022-001: This case involves an allegation of untruthfulness against an officer involved in a minor vehicular incident. A panel committee has reviewed the case and provided its recommendations to the department. The department is in the process of conducting additional investigation of this case. The outcome will be shared at next month’s meeting. iii. MI2022-004: This case involves an allegation of an officer violating Rule 5 Police Authority and Public Trust. A panel committee reviewed the case and requested additional information from BPD before making a final determination on their recommendation. f. Monthly case statistics i. Three complaints and two community inquiries were filed in April ii. ii. So far in May, one complaint and no community inquiry have been filed iii. There are currently 15 open investigations VI. Panel selection of cases to review The panel voted on the following cases: MI2022-009: Yes MI2022-010: Yes VII. Public Comment There were three members of the public present. Two members of the Boulder County NAACP thanked the panel for their work. No other public comments were offered.