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Study Committee on an Independent Police Oversight Commission Meeting 6:00 PM - Monday, November 23, 2020 Online Portal

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Study Committee on an Independent Police Oversight Commission Meeting 6:00 PM - Monday, November 23, 2020 Online Portal EAST LANSING AGENDA Study Committee on an Independent Police Oversight Commission Meeting 6:00 PM - Monday, November 23, 2020 Online Portal Page 1. OPENING 1.1. Roll call 1.2. Approval of the agenda 1.3. Approval of minutes 3 - 5 Study Committee 110920 Draft Minutes 1.4. Written Communications 6 - 14 NACOLE Agency Profiles Goals for the Establishment of a Police Oversight Commission Heraux Use of Force incidents Weekly Arrest Reports 11-5-2020 Goals to achieve by creating ELICPOC CRoot 1.5. Adopt a rule pursuant to MCL 15.263 sub-section 1 limiting public comment to 5 minutes per individual for today's electronic meeting 2. COMMUNICATION FROM THE AUDIENCE 3. NEW BUSINESS 3.1. Draft Outline of Study Committee Report to City Council 15 - 17 Subgroup 2 memo and draft report outline 11-20-2020 4. STAFF REPORTS 4.1. City Manager Information on Comparable Cities 18 - 73 Public Safety Oversight Comparisons Ann Arbor Code and Commission Lansing Board of Commissioners Charter and Complaint Review Charter MSU Police Oversight Committee Muskegon Citizens Police Review Board Bloomington Board of Public Safety Columbus Charter Amendment Evanston Ordinance Iowa City Board and Code Lincoln Board and Code Madison Board and Ordinance 4.2. ELPD Presentation on Use of Force 74 - 109 ForceCont_2 ForceCont_1 Page 1 of 154 Response To Resistance 12-20 Use of Force Presentation 5. SUBCOMMITTEE REPORTS 5.1. Group 1: Research Oversight Commissions in Non-Comparable Cities 110 - 151 Re_ Study Committee Group 1 Report 111920 DOJ Action under 1994 Violent Crime Control and Law Enforcement Act profiles of Albany Albuquerque Berkeley and Eugene LOS ANGELES SAN FRANCISCO ATLANTA 5.2. Group 2: Study Committee Report to Council 152 - 154 Subgroup 2 memo and draft report outline 11-20-2020 6. COMMISSIONER ANNOUNCEMENTS 7. OLD BUSINESS 8. ADJOURNMENT Page 2 of 154 Study Committee on an Independent Police Oversight Commission November 9, 2020, 6:00 PM Online Portal 1. OPENING: Meeting called to order at 6:00 PM 1.1 Roll call: Sade Callwood (attending virtually from Douglas, MA), Kelli Ellsworth- Etchison (attending virtually from East Lansing, MI), Noel Garcia, Jr. (attending virtually from East Lansing, MI), Chuck Grigsby (attending virtually from East Lansing, MI), Cedrick Heraux (attending virtually from Mason, MI), Helen Josephson (attending virtually from East Lansing, MI), Chris Root(attending virtually from East Lansing, MI), Erick Williams(attending virtually from East Lansing, MI), Quentin Tyler and Tonya Williams were excused; Ron Bacon joined the meeting at 6:08 PM and Sharron Reed-Davis joined the meeting at 6:53 PM 1.2 Approval of agenda: Motion: Root; Second: Heraux; motion passed and member approved 1.3 Approval of minutes: Motion: Ellsworth-Etchison; Second: Heraux; motion passed and member approved 1.4 Written communication 102620 Email EWilliams (E Williams) New Orleans Performance Indicators (E Williams) E Williams explained New Orleans Police Department had a consent decree to evaluate Police Officers on these performance factors Resources for 11-9-2020 meeting (Root) 1.5 Adopt a rule pursuant to MCL 15.263 sub-section 1 limiting public comment to 5 minutes per individual for today’s electronic meeting. Motion: Root; Second: E Williams. Ellsworth-Etchison made a friendly amendment to the motion to adjust the time to 3 minutes; Josephson Second; motion passed and member approved with one opposed. 2. COMMUNICATIONS FROM AUDIENCE Kath Edsall noted that she has concerns with the Study Committee relying on ELPD to produce all requested materials/information. Edsall also noted that she strongly supports an early intervention system at ELPD and would like to see the 2-year disciplinary drop off period for police officers eliminated. Chief Johnson clarified that the 2-year look back is part of the labor agreement. City Manager Lahanas stated 2-year look backs in contracts are common and suggested hearing from the City’s Labor Attorney might be helpful. More discussion ensued about early warning systems and department accreditation. Chief Johnson confirmed ELPD is looking into early warning systems and that the 1 Page 3 of 154 department’s accreditation will take up to 2 years to complete. Guardian, Blue Team and Benchmark Analytics were all brought up. City Manager Lahanas said the Commission should recommend a program that would include an early warning system. 3. NEW BUSINESS 3.1 Discuss December Meeting Schedule due to East Lansing School Board Meeting Group decided to look at the work plan first and come back to this item. 3.2 Discuss Work Plan and Work Groups Root explained that Callwood and Root discussed a work plan and how a final report would be written. Root developed a tentative and evolving work plan along with 5 proposed work groups: Data Reports, Overview Committee Structure and Scope, Policy Review, Study Committee Report and Public Input and Unions. Having a work plan provides an outline for getting the work done. It incorporates much of what has been discussed utilizing speakers and NACOLE resources. Time was spent discussing what work groups can and cannot do under the Open Meetings Act. City Manager Lahanas informed the committee that, for several months, an intern had been researching oversight commissions in comparably-sized cities and Big 10 cities. Committee members and City Manager Lahanas discussed other alternative approaches to taking on the work of this committee. Ultimately, the Study Committee decided to form two work groups. Group 1 with Heraux, E Williams, Reed-Davis and Josephson will gather information on oversight commissions in non-comparable cities. Group 2 with Garcia Jr., Callwood and Root will explore ideas for how to structure the Study Committee’s report to Council, including reviewing similar reports in other cities. The work groups understand that to be in compliance with the Open Meetings Act, they may not write policies or make decisions. City Manager Lahanas agreed to pull together the information on comparable and Big 10 cities for the next meeting. West Lafayette, IN (home of Purdue) might be a good resource. The Study Committee was reminded not to collectively reply all on emails and to get information to Shafer so it can be shared with the entire Study Committee and made available to the public. 3.3 Identify Additional Information Needed from the East Lansing Police Department 2 Page 4 of 154 The group requested more information on early warning systems on the market and Chief Johnson agreed to collect and share that information. The group also expressed a need for a common understanding about ELPD complaints and use of force incidents and the use of force continuum, as well as a deeper look at these topics. Chief Johnson agreed to have ELPD put together a 30 minute presentation on each to be presented at the next two meetings. 3.4 Discuss Goals Study Committee has for Oversight Commission Grigsby and E Williams went over the documents they submitted and encouraged other Commissions to follow suit. Others will provide their ideas at the next meeting now that they are clear on their assignment. 4. STAFF REPORTS: None 5. COMMISSIONER ANNOUNCEMENTS Root clarified that there will be a use of force presentation at the 11/23/20 meeting and presentation about ELPD complaints at the following meeting. It was suggested that the schedule of meetings in December be 12/7/20 and 12/14/20. Staff was directed to see if this is viable and will report back at the next meeting. Callwood questioned whether she would be allowed to continue on the Study Committee after Dec. 31 due to new Open Meetings Act guidelines. City Manager Lahanas felt an emergency order was likely to continue after that date, allowing her to continue. The group echoed their desire for her to continue. 6. OLD BUSINESS 6.1 NACOLE and Commission Models Topic on hold until the group is ready for this discussion. Reed-Davis asked for clarity and reminders about what Commissioners are asked to accomplish before each meeting. Grigsby will work with Shafer on providing reminders to group members. 7. ADJOURNMENT: Motion: Garcia, Jr.; Second: Reed-Davis; motion passed and member approved at 8:15 PM. The next meeting is 11/23/20 from 6:00-8:00 PM via Zoom. 3 Page 5 of 154 National Association for Civilian Oversight of Law Enforcement Agency Profiles https://www.nacole.org/agency_profiles The Professional Standards Committee, on behalf of the Board of Directors, undertook an ambitious and important project to create detailed profiles of civilian oversight agencies/entities across the United States. The Committee's goal was to compile profiles of oversight agencies representing different models of oversight, using a standardized set of criteria (adapted from the agency profiles found in CACOLE’s compendium of all oversight agencies in Canada). Each profile includes attachments and/or links to websites containing relevant original documents related to an agency’s scope, authority and operations. A major goal of this project was to provide individuals or groups who are establishing oversight with models of enabling legislation, regulations, procedures, etc. Below is the list of those profiles that have been prepared to date. Click each agency's name to access its profile. Albany, NY: Citizens' Police Review Board (Review & Appellate) Albuquerque, NM: Independent Review Office of the Police Oversight Commission (Auditor, Hybrid, Investigative) Atlanta, GA: Citizen Review Board (Investigative, Review Board) Austin, TX: Office of the Police Monitor (Monitor)
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