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09.09.24 POP Bylaws1 City of Boulder - Police Oversight Panel Bylaws Article 1 1.1 Name The panel's name is the Police Oversight Panel (“Panel”). Article 2 2.1 Enabling Authority The Panel is established by ordinance 8609, of the Boulder City Council. Article 3 Native Land Territory and People Acknowledgement The Police Oversight Panel acknowledges that Boulder, Colorado is on the ancestral homelands and unceded territory of Indigenous Peoples who have traversed, lived in, and stewarded lands in the Boulder Valley since time immemorial. Those Indigenous Nations include the: Di De’i (Apache), Hinono’eiteen (Arapaho), Tsétsėhéstȧhese (Cheyenne), Nʉmʉnʉʉ (Comanche), Caiugu (Kiowa), Čariks i Čariks (Pawnee), Sosonih (Shoshone), Oc'eti S'akowin (Sioux) and Núuchiu (Ute). We honor and respect the people of these Nations and their ancestors. We also recognize that Indigenous knowledge, oral histories, and languages handed down through generations have shaped profound cultural and spiritual connections with Boulder-area lands and ecosystems — connections that are sustained and celebrated to this day. The Panel recognizes that those now living and working on these ancestral lands are responsible for acknowledging and addressing the past. We refute past justifications for the colonization of Indigenous lands and acknowledge a legacy of oppression that has caused intergenerational trauma to Indigenous Peoples and families. We pay our respects to their elders, past and present, and choose to honor and acknowledge the original stewards of this land in hopes of building mutual respect and understanding across all cultures – those who reside here and those who pass through here today and in the future. Article 4 Purpose 3.1 The purpose of the Panel is to: To provide an effective independent civilian oversight system that promotes integrity and encourages systemic change and improvement in the police services that the police department provides to the public. This oversight system shall work to ensure the internal police accountability system functions properly; that behavioral, procedural, and policy 2 deficiencies are identified and appropriately addressed; and that complaints are investigated through an objective and fair process for all parties involved. While safeguarding confidentiality, the civilian oversight system shall: (1) review complaints of potential violation(s) of police department policies, rules, and general orders; including but not limited to allegations of racial profiling, racially abusive treatment, and excessive use of force; (2) gather and utilize data to identify trends; (3) recommend corrective actions, training, and/or policy changes; and (4) report regularly to the Boulder City Council and the public. The essential community involvement component of the system shall be accomplished through the inclusion of a Panel. The Panel shall be established to increase visibility for the public into the delivery of service by the police department. The Panel shall review the results of investigations conducted by the police department and provide recommendations for corrective or punitive action, including discipline, changes in policy, and training. Article 5 Panel Duties and Responsibilities 5.1 The Panel shall elect annually, from among its membership, two co-chairs. 5.2 Receive complaints from members of the public. 5.3 Review completed professional standards unit investigations, including all materials concerning the completed investigations of cases the Panel has selected to review. 5.4 Make disposition, discipline, and policy recommendations. 5.5 Review critical incidents and incidents of serious bodily injury resulting from the actions of a sworn police officer(s). 5.6 Provide a forum to gather community concerns about incident-specific police actions and may receive and forward complaint information to the monitor for processing. 5.7 Create and participate in various community engagement activities. Article 6 - Community Agreements The Panel prioritizes treating one another with dignity and respect. The Panel members will strive to be self-aware, start with trust, listen with intention to one another, communicate clearly, persevere through the challenges of the role, and continue to foster community among one another. 3 Article 7 Membership 7.1 Panel Composition The Panel shall be composed of eleven members appointed by the city manager, of which two positions are specifically designated for students currently enrolled in an institution of higher education. 7.2 Terms Five appointees shall serve a three-year term, and four appointees shall serve a two-year term. The two student members shall serve one-year terms. Panel members who shall serve a three-year term may be reappointed for an additional one year. Panel members, other than the two student members, with a two-year term, may be reappointed for an additional two-year term. Upon appointment, Panel members shall draw numbers to determine which shall be a two-year appointment and which shall be a three-year appointment. Panel members may serve for a maximum of two consecutive terms, for a total of four years. Student Panel members may serve a maximum of two consecutive one-year terms, for a total of two years. 7.3 Attendance The unexcused absence of a Panel member from three consecutive regularly scheduled monthly Panel meetings in twelve months without a leave of absence approved by a majority of the Panel shall constitute an automatic resignation from the Panel. Upon completion of required Panel training, the failure to participate in two assigned case reviews in twelve months without prior notification to the Panel co-chairs or the monitor shall constitute an automatic resignation from the Panel. 7.4 Training Members of the Panel are required to participate in training sessions provided by the City of Boulder and ride/walk along with a Boulder police officer as designated by section 2- 11-14 of ordinance 8609. 7.5 Resignations from the Panel Any member of the Panel seeking to resign from it shall submit their resignation in writing to the city manager, the monitor, and the co-chairs of the Panel. Article 8 Co-Chairs 8.1 Panel co-chairs The Panel shall consist of two co-chairs. The co-chairs shall collaborate and coordinate with one another to perform the duties and responsibilities related to the Panel. 4 The co-chairs shall be elected each year by the Panel. They shall be elected for a one- year term by a majority of the Panel members. No member shall serve more than two consecutive full terms in the same office. The term of each officer shall be one year. Elections of co-chairs shall be held no later than the month before the co-chairs’ term expires. 8.2 The co-chairs shall ● Preside at all meetings ● Decide points of order and issues of procedure, subject to the provisions of these bylaws. ● Ensure that all meetings are conducted efficiently and respectfully. ● Have the privilege of discussing and voting on all matters before the Panel. ● Be the principal spokesperson for the Panel or may designate another Panel member to speak on behalf of the Panel ● Co-develop the monthly meeting agenda including invitations for guest speakers to present to the Panel ● Communicate the needs of the Panel to the monitor ● Attend closed meeting(s) between co-chairs and monitor to discuss matters related to the Panel ● Engage with the community and assist with outreach efforts ● Ensure the Panel’s annual report is completed and published in a timely manner ● Ensure that all communications related to Panel business, both internal and external, received and sent are shared contemporaneously with all members of the panel ● Establish necessary subcommittees to carry out the work of the Panel ● Help to maintain Panel members’ participation and morale as well as mediate conflict, as needed, between Panelists ● Assign members of the Panel for case reviews as needed ● Attend meetings, as needed, with the Boulder Police Department Article 9 Meetings 9.1 The Panel shall schedule regular monthly public meetings. 9.2 An agenda for each meeting of the Panel shall be developed by the co-chairs and the monitor in consultation with members of the Panel as needed. To the extent practicable, agendas, resolutions, and materials for all regular meetings shall be made available to the public and other members of the Panel at least 48 hours before the meeting's scheduled starting time. 5 9.3 Agenda and Order of Business The order of business at regular meetings shall be as follows. The order of business may be suspended or modified by a majority vote of those members present. Regular Meeting (1) Call to Order (2) Land Acknowledgement (3) Community Agreements (4) Roll Call (5) Approval of Agenda (6) Approval of Minutes (7) Community Outreach and Engagement (8) Police Monitor Report (9) Panel Updates/Guest Speakers/Ad hoc Items (10) Public Comment (11) Closed Session (12) Regular Business ● Case review voting ● Case assignment status ● Assignment for new cases (13) Adjournment Special and/or Emergency Meetings The co-chairs may call an emergency or special meeting to address unforeseen circumstances or urgent matters that require immediate attention. Such meetings may be called to discuss critical issues and make decisions promptly. (1) Call to Order (2) Reading of the notice of the meeting and roll call (3) Transaction of the business for which the meeting was called and recommendations. (4) Public Comment (5) Call of a closed session if warranted. (6) Adjournment 9.4 Parliamentary Procedures The rules contained in the current edition of Robert's Rules of Order shall guide the Panel; however, parliamentary procedure shall be flexible and may be adjusted at the co-chairs’ 6 discretion to best serve the needs of the Panel. Nevertheless, all parliamentary procedures must be consistent with these bylaws. 9.5 Making of Motions Motions may be made or seconded by any member of the Panel, including the co-chairs. All motions require a second. The seconder does not have to be in favor or against the motion to second it and may both speak and vote against it. If there is no second, the co- chairs shall not recognize the motion When making a motion the panel member must state their reasons briefly before making the motion; but may argue the motion only after it has been seconded; and having spoken once may not speak again until everyone who wishes to be heard has had the opportunity to speak, except to answer questions asked by other Panel members. Having made a motion, the Panel member may neither speak against it nor vote against it. The co-chair states the motion and asks for discussion. General debate and discussion follow if the Panel member so desires. At the end· of the discussion, when the question is called the co-chair restates the motion and puts the question to a vote · The co-chair announces the result of the vote. The motion is not completed until the result is announced. 9.6 Amending a motion Once a motion has been made, seconded, and stated motion by the chair, any panel member may offer an amendment to the motion maker. If the offer of the amendment is accepted by the motion maker and the seconder, the co- chair will restate the amended motion. If the amendment is not accepted by the motion maker or seconder, the amendment offeror may ask the co-chair to call for a vote on the amendment by all panel members and if the majority of the quorum present vote for the amendment, the motion shall be amended. 9.7 Closed Session The Panel shall vote to authorize the pausing of the public meeting to enter a closed session. The Panel shall discuss confidential matters, specifically potential police misconduct case review materials and information in a closed session. Only the members of the Panel, the Monitor, the Monitor administrative staff, an attorney from the City Attorney’s Office, or 7 other attendee(s) approved by a majority vote of the members of the Panel present may attend and participate in the closed session. The Panel shall not vote on any matters during the closed session. Panel closed sessions must be noticed to the general public on monthly meeting agendas. All matters discussed in the closed session shall remain confidential. 9.8 Meeting Cancellation The co-chairs may cancel a meeting if there is no business on the agenda or if a quorum will not be present. The co-chairs shall give notice of cancellation to members of the Panel and the monitor as soon as possible and at least two hours before the scheduled meeting time, when practicable. The monitor shall post public notice of the cancellation as soon as practicable. Canceled regular meetings may be rescheduled in the same manner as special meetings. 9.9 Quorum The presence of six voting members shall constitute a quorum. The concurring vote of a majority of all members present is required for the Panel to act. The right to vote is limited to members of the Panel present at the time the vote is taken at a lawfully called meeting. A member who is not eligible to vote on a matter because of a conflict of interest shall not be counted in establishing a quorum for that matter. 9.10 Voting Voting shall be by voice, a show of hands, or a roll call vote. If the vote is not unanimous, a roll call vote may be taken and recorded in the minutes. Approval of a matter before the Panel must receive a majority vote by the Panel members present during the meeting. If a majority vote is not obtained, the matter fails. Any member of the Panel may request a roll vote on any matter requiring a vote by the Panel. All voting of the Panel shall be held in open session during the Panel’s monthly public meeting. Voting by proxy is prohibited. There shall be no vote by proxy at any meeting of the Panel. 9.11 Minutes The Panel shall keep minutes of all regular and special meetings following the City of Boulder’s administrative policies and direction. The Panel minutes must be approved by 8 a majority of the Panel members present at the meeting. A motion should be made, seconded and a vote taken to approve the minutes. 9.12 Public Meetings Consistent with the City of Boulder’s policies and state laws, all meetings of the Panel and panel committees shall be open to the public following the Colorado Open Meetings Act. 9.13 Public Comment An individual may speak for up to two minutes on any item open for public comment. Either co-chair may extend an individual's allotted time to speak for up to but not to exceed five minutes. Public comment on non-agenda items may be limited to either co-chair’s discretion. 9.14 Special/Emergency Meetings The co-chairs may call special and/or emergency meetings at their discretion for substantial reasons warranting the convening thereof and shall also call such meetings upon the written request of at least three members of the Panel. A notice to the Panel members stating the place, date, hour, and agenda (as determined by the co-chairs in the furtherance of their exercise of discretion, or to cover subject matter specified in the request made by the herein above-specified individuals) shall be delivered either verbally or in writing, as practicable, to each Panel member at least 24 hours before the special or emergency meeting. Where time permits and practicable conditions allow, the co- chairs shall attempt to disseminate a brief written statement of the matters to be discussed at any such meeting. 9.15 Virtual Meetings and Communication During virtual monthly panel meetings, panel members are expected to appear on camera to the extent possible. Panel members are expected to check their official City of Boulder email accounts at least twice per week or as often as needed to fulfill their panel responsibilities. Article 10 Complaint Process Selection, Voting, and Review 10.1 Case Review Voting A quorum of the Panel must be present to vote on whether the Panel should review a complaint. An affirmative roll call vote will result in a complaint being assigned for review by at least three members of the Panel. If further discussion is needed about the deliberation or voting process that contains sensitive information, a motion may be made, seconded, and approved by a majority of the Panel for a closed session, at a future time. 9 10.2 Case Review - Panel Participation No less than three members of the Panel shall participate in a case review. It is the expectation that each member of the Panel participates in case reviews. If three Panelists do not volunteer, the co-chairs and/or monitor shall appoint members of the Panel for the case review(s). Upon the first assignment of a case to a newly appointed Panel member, the co-chairs shall also designate another member of the Panel who has completed a minimum of three (3) case reviews, to accompany the newly appointed member on their first case review and assist them in analyzing the complaint and take all necessary steps in orienting the new member to the review process. Failure to participate in two assigned case reviews in twelve months without prior notification to the Panel co-chairs or the monitor shall constitute an automatic resignation from the Panel, per section 2-11-13(e)(2) of ordinance 8609. 10.3 Case Review Timeline The Panel will strive to review investigations conducted by BPD in a timely manner. The Panel will strive to assign cases at the next available public Panel meeting, complete the review of assigned cases within 15 business days of receiving the case file from the Professional Standards Unit, submit disposition and recommendations within 3 business days, or request an extension for review within 3 business days. The Panel may defer voting to review a case if additional information is needed or as more information becomes available. 10.4 Case Review Selection Criteria It is not expected that the Panel will review every complaint. The following factors may be considered by the Panel in determining whether to review a case. These factors include but are not limited to the nature of the alleged misconduct, public interest, misconduct history of the accused officer, and/or the source of the complaint - internal (complaints from BPD) or external (complaints from a community member). Article 11 Committees 11.1 Community Outreach and Engagement It is the expectation of the Panel that every Panel member participate in and assist with the coordination and implementation of the Panel’s engagement efforts to gather community input and concerns and to conduct outreach activities to inform community members of the process of filing a complaint. The Panel may establish ad hoc 10 committee(s) as needed to implement its community outreach and engagement efforts. Community outreach and engagement shall be a standing item on the Panel’s agenda. 11.2 Ad hoc committees The Panel may create standing or special committees to carry on the work of the Panel. Standing committees may, but need not be, described in the bylaws. Committees shall be limited to performing the specific tasks delegated to them by the Panel. Article 12 Impartiality 12.1 Impartiality A Panel member shall remove themselves from any participation in a matter if their impartiality might reasonably be questioned, or if they have personal knowledge of any facts regarding an incident under review. A member of the Panel has an affirmative duty to disclose a situation in which their impartiality might reasonably be questioned to the co-chairs and monitor. A member of the Panel shall abstain from discussion or voting on any matter in which their impartiality might reasonably be questioned. Decisions regarding impartiality shall be evaluated on a case-by-case basis with reasonable application of the criteria provided in the bylaws. A member of the Panel shall disclose the general nature of any potential impartiality issue, real or apparent, and, except when it violates confidence, shall disclose all pertinent facts relating to the potential issue. These disclosures shall be made before discussion and voting when possible and shall be recorded in the minutes of the proceedings. A member who cannot vote due to an impartiality issue shall, during the deliberation of the matter before the Panel, leave the meeting or the area where the members sit until action on the matter is concluded. When a question has arisen as to whether a member is ineligible to participate in the discussion or vote on a matter because of impartiality questions, the Panel may determine that the member is ineligible due to an impartiality issue by a vote of a majority of the other members present. Upon such a determination, the ineligible member shall not participate in discussion or vote on the matter. 12.2 Criteria for consideration of impartiality A member’s impartiality may be reasonably questioned if a member or any member of their immediate family, their partner, a close friend, or an entity with whom the member has family or business ties has a financial or beneficial interest or is a complainant on the case under review or potentially under review by the Panel. 11 Article 13 Code of Ethics The members of the Panel shall be deemed public officials subject to the Code of Conduct outlined in Chapter 7, “Code of Conduct,” B.R.C. 1981. (b) The members of the Panel shall adhere to Chapter 7, “Code of Conduct,” B.R.C. 1981, provisions and the National Association of Civilian Oversight of Law Enforcement (NACOLE) code of ethics. Article 14 Communications of the Panel 14.1 Official Statements of the Panel The Panel intends to promote full, active, and meaningful participation by the members of the Panel in the undertaking of their responsibilities as members of the Police Oversight Panel. It is the further intention of the Panel to encourage the exercise of thoughtful discretion to curtail or minimize the potential for inconsistent public statements made by members of the Panel that may be construed by the public. Only the co-chairs shall make official statements for the Panel. Except when expressly authorized by the co-chairs to speak on behalf of the Panel, each member shall refrain from speaking for the Panel and shall make diligent efforts to avoid the appearance of doing so. When a member is invited to participate in an event or to make a presentation in their official capacity as a member of the Panel, such member shall make a diligent effort to notify the co-chairs as far in advance as possible and, where not possible to notify the co-chairs in advance, to do so promptly following such presentation. Whenever a member has participated in an event of general topic or special interest, but not in their capacity as a member of the Panel, and has, nevertheless, been called upon to speak about issues concerning the Panel, such member shall notify the co-chairs promptly thereafter. Nothing herein shall be deemed, however, to prohibit a member from expressing individual opinions or perspectives. All official Panel statements/emails meant to speak for the full panel should be sent by the Panel co-chairs with all Panel members and the monitor blind copied on the correspondence or sent immediately following the initial communication via email. All emails or statements related to Panel business and sent by the co-chairs to anyone outside the Panel should begin with one of the following two statements at the top: a. "This is an official statement sent on behalf of the panel." or b. "This reflects my opinion as an individual panel member and is not an official statement on behalf of the panel." The Monitor shall maintain all Panel official communications and statements. 12 14.2 Communication/Correspondence It is the expectation of the Panel that the co-chairs and members of the Panel are clear in their communication on matters related to Panel business when speaking individually or on behalf of the Panel. All emails or communications that are not official statements should be written clearly and address the specific audience. In these circumstances, it is important to utilize phrases such as “I” instead of “we” to avoid confusion about the intent and source of the communication. All communications sent and received related to Panel business shall be contemporaneously sent to all members of the Panel Article 15 Amendment to the Bylaws 15.1 Amendments Amendments to these bylaws may be approved at any regular meeting by a vote of two- thirds of all members currently serving on the Panel. The proposed amendment may not conflict with the bylaws, Ordinance 8609, city charter, municipal code, or other existing governing law. 15.2 Amendment Procedure The proposed amendments must be submitted in writing to be considered and sent to the monitor for review before adoption by the Panel. After review by the monitor, the proposed amendment(s) must be sent in writing to each member of the Panel a minimum of 10 business days before the Panel meeting when the amendment will be discussed. 15.3 Bylaws Review The bylaws shall be reviewed periodically by the Panel for possible amendment. Article 16 Confidentiality of Privileged Information It is expected that the members of the Panel err on the side of caution and maintain the utmost confidentiality regarding complaints and case file information. Members of the Panel shall comply with all state and federal laws requiring confidentiality of law enforcement records, information, and confidential personnel records, and respect the privacy of all individuals involved. Members of the Panel shall sign a confidentiality agreement that prohibits them from publicly discussing or releasing any information or materials reviewed in closed session. Misuse of confidential records is a violation of the City’s Code of Conduct. Misuse of confidential information may result in removal and/or criminal charges in municipal court. Members of the Panel shall maintain the confidentiality of all confidential or privileged information received in the course of their service on the Panel, following the provisions of federal, state, and city laws. Members shall attend scheduled training sessions 13 regarding the privacy of police records. Members must protect the security of such records and the individual's rights to privacy and confidentiality. If a member has a question about whether a record is confidential, they should reach out to the monitor or the city attorney’s office before taking action. Except as expressly authorized by the co-chairs or the Panel in the furtherance of members' duties, members of the Panel shall make diligent efforts to avoid ex parte discussion of any matter that is or may come before the Panel with any person interested in such matter. A member who has had an unauthorized communication concerning an agenda item outside of a public meeting with an interested party, including but not limited to a complainant, an officer or other employee of the Boulder Police Department who is a subject of a complaint, a witness to the events giving rise to such complaint, any person representing or purporting to represent the interests of any such person, or a relative of any such complainant, officer or employee of the Department or witness, shall promptly notify the co-chairs of the contact, and furnish to the co-chairs the name of such interested party, the nature of the interest and the specifics of the communication, including copies of any correspondence with such party and a written synopsis of any portion of the communication that was verbal. Article 17 Miscellaneous 17.1 Relationship with City Staff. The city manager may designate a staff member to be the liaison between the Panel and city staff. The city manager has final discretion regarding staffing. The City of Boulder City Attorney's Office may designate legal counsel for the Panel. The monitor and the Panel have been established and operate as separate, complementary entities with different roles that are and shall remain independent of one another. The monitor serves as a liaison and a subject matter expert to the Panel. The Monitor’s Office provides administrative support to the Panel. The Panel has no formal authority over city staff and can neither assign nor manage tasks performed by staff. However, the Panel is tasked with reviewing and making recommendations on matters that impact staff work. To ensure that professional working relationships are maintained, the Panel and city staff will follow these guidelines: 1. Primary and all formal communication will be through the monitor. The members of the Panel are encouraged to communicate frequently with the monitor to raise potential concerns about projects or operations as early as possible. 2. The members of the Panel should be mindful of the impact of their requests on planned work programs and coordinate all requests with the monitor. 14 17.2 Suspension of Procedures. The procedures outlined in these bylaws are intended to govern the actions of the Panel in the general conduct of its business and to serve as a reference in settling parliamentary disputes. In handling routine business, the Panel may by general consent use a more informal procedure than that outlined in these bylaws. The procedures outlined in these bylaws may be suspended at any time by a vote of two- thirds of the members of the Panel present. 15 Appendix A