Minneapolis Civilian Police Review Authority
Regular Monthly Board Meeting
Wednesday, June 6, 2012
241 City Hall
6:00 p.m.
Board members present:                Briscoe, Cichowicz, Giraud, Kvidera, Pettis and Wetternach
Board members absent:                  Cetta, Farah
Also present:                                     Deputy Chief Scott Gerlicher
                                                            CRA Investigator Robin Lolar for Assistant Director Lee Reid
                                                            Assistant City Attorney Joel Fussy
                                                            Sherman Patterson, Mayor’s Aide                            
I.     Call to Order
Chair Briscoe called the meeting to order.
II.     Approval of Agenda         
Wetternach moved the agenda be approved. Kvidera seconded.
Motion passed:
Yes — Kvidera, Briscoe, Cichowicz, Giraud, Wetternach
Abstain — Pargo
III.     Approval Of Minutes – May 2, 2012 Board meeting
Wetternach moved approval of the minutes of the May 2, 2012 Board meeting. Giraud seconded.
Motion passed:
Yes — Kvidera, Briscoe, Cichowicz, Giraud, Wetternach
Abstain — Pargo
IV.     Reports
Six CRA case hearings are scheduled for this month on Wednesday, June 20th, and Wednesday, June 27th, starting at 6:30 p.m. with each case lasting half an hour.
Assistant Director
Case Investigator Robin Lolar is present for Assistant Director Lee Reid.
·         Lolar requested if any board members assigned to hearing panels need a schedule to please let her know.
·         Lolar also asked if, due to the upcoming July 4th holiday, the next board meeting would be held on July 11.
Kvidera moved the July board meeting be held on July 11, 2012. Pettis seconded.
Motion passed unanimously.
·         Lolar asked if member had any questions concerning AD Reid’s monthly statistical report. Lolar noted that of the 52 complaints waiting to be heard, 11 are scheduled to be held in June.
Members suggested holding some hearings on a Saturday, after new board members have been trained on the hearing procedures this month.
There were no committee reports.
V.     Public Invitation
Chuck Turchick
Turchick has previously sent an email to board members detailing violations that occurred in a complaint he had filed with the CRA. He referred to City Ordinance 172.85 Dismissal after the Preliminary Review, which explains how the assistant director can administratively dismiss a complaint. Turchick said the complaint he filed was dismissed, but he was not given an opportunity for a dismissal hearing. Turchick added that Reid’s position is that 172.85 gives him the option of dismissing any complaint without a hearing or appeal. Turchick believes this exceeds the authority of the assistant director. Turchick raised this issue at the December 2011 meeting. He added that Pargo requested the board discuss these issues in December, again in February 2012 and member Zuege raised it in April 2012. The former chair promised to communicate with board members via email about these issues. Turchick has asked the board and a City Council member to inquire of the City Attorney’s office whether it is their opinion that the assistant director has exceeded his authority in dismissing a case without a hearing. Today, Turchick has begun the process to file a complaint in federal court.
Turchick has also sent an email to the board concerning issues raised during the May 16, 2012 Public Safety Committee meeting when Reid delivered the first quarter report for CRA. Council Member Hodges had asked what would change when the new law goes into effect. The state law that limits the board’s ability to make findings of fact goes into effect August 1.
VI.     Old Business
Pargo asked ACA Fussy to comment on Turchick’s statements. Fussy declined, not knowing the specifics, and because there may be litigation on the matter, which would prevent him from commenting. He advised that the board could address this with Reid. Reid may have sought advice from the City Attorney’s office on this matter, and if so, can share that advice with board members.
Giraud moved that the board request AD Reid get an interpretation from the Office of the City Attorney, through ACA Fussy, about whether the assistant director can determine whether or not to get a dismissal from the board or can dismiss a complaint on his own. Pargo seconded.
Motion passed unanimously.
Kvidera asked the board to consider forwarding a complaint which has received a disciplinary determination from the Chief of Police to the Mayor. He said that the CRA ordinance does not state the board can forward a CRA case file to the Mayor, but the Mayor has delegated his disciplinary authority to the Chief of Police. Kvidera does not know if there is room for the Mayor to apply discipline in addition to or different from that imposed by the Chief of Police. Kvidera suggested that in lieu of forwarding the file, the board could send a letter to the Mayor, stating that the board is not satisfied with the amount and extent of discipline.
Kvidera stated in the past four years that he has been on the board, this has not been done. He added that there is nothing in the ordinance or administrative rules saying this can be done. He suggested a letter asking if the mayor is aware of and comfortable with the amount of discipline imposed and if the mayor would look into it if he is not aware of it. Kvidera added that this is the clearest case he has seen in his service on the board that warrants this action. The CRA exists because discipline was not considered satisfactory by the public. The Mayor is ultimately responsible for discipline and it should be brought to his attention.
Giraud moved the board close the meeting to discuss the matter further. Pettis seconded.
Motion passed unanimously.
Giraud moved the meeting be re-opened. Kvidera seconded.
Motion passed unanimously.
Kvidera moved the board send a letter to the Mayor asking if he was aware of and if so, was satisfied with the level of discipline imposed in the CRA complaint the board discussed in closed session. The board further requests that the Mayor reply to the board before the July board meeting. Giraud seconded.
Motion passed unanimously.
Kvidera stated he will work with Reid on this.
VII.     New Business
·         Wetternach stated that at least three board members have not been at the last two or three board meetings. He asked if there is a process the CRA follows. Are members contacted before each board meeting? He would like Reid to report back to the board at the July meeting about the process of contacting board members who haven’t attended meetings to see if they are still interested in serving on the board.
A member noted that Ordinance section 172.30(d) states a member who has three absences from meetings or compliant hearings in a calendar year shall automatically cease to be a member of the authority. Fussy suggested they be made aware of this provision.
Wetternach moved that Chair Briscoe and AD Reid contact those members who may be in jeopardy of losing their board membership.
Pettis seconded.
Motion passed unanimously.
·         Giraud has sent a letter to Reid asking for information from ACA Fussy about an article in the StarTribune May 18 regarding police video and the data practices law. The interpretation of the City to this point had been that any police investigation information, such as a video, is private data while there is an ongoing investigation by IAU or CRA. There was anadvisory opinion from the Minnesota Department of Administration (12-010) that says that the City did not comply with the Minnesota data practices statute in response to a 6/8/10 data request containing law enforcement squad car video. Giraud asked Fussy to provide an opinion about what that changes as far as data practices and investigation information.
Fussy responded that he has not been made aware of this specific issue; however there are numerous attorneys in the City Attorney’s Office who specialize in data practices, specifically with the MPD. This may have been addressed by them, but he does not know. He invites Giraud to follow up with him or Reid to see how this has been addressed.
Giraud believes this opinion could change what is public data in CRA complaint files. Briscoe asked that Giraud advise the board when he has received clarification from the City Attorney’s Office.
VIII.     Announcements
Lolar announced that NACOLE (National Association of Civilian Oversight of Law Enforcement) will hold its annual conference in San Diego, California on October 14-18. There are very good topics to be discussed at the conference, especially for those new to oversight. CRA board members are automatic NACOLE members. She will provide conference information to board members.
IX.     Adjournment
Wetternach moved the meeting be adjourned. Pettis seconded.
Motion passed unanimously.

Last updated Jul 31, 2012



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