You have power thanks Rob all right now we are live in recording great um welcome to the October meeting let’s take a look at the agenda and see if there’s anything we need to change from those um I see training topic pull in the detail would be um Captain or DC
Adams has agreed to come and talk to us about party Patrol to give you some background since that’s sort of relevant to the case yes sort of sort of it is Central yeah okay then we will add that in um are there any other questions or changes to
Make all right so we’ll move on to minutes approval from the June meeting does anybody have any adjustments oh Alan’s up here he was he will be back okay I thought there was something but now I think it was actually in the um our report but okay okay I’ll move that we approve
The minutes Ellen out we talking about minutes okay no adjustments no okay and Monique I don’t see a hand or anything so I move that we accept the minutes as presented second all in favor of approving the minutes I we’ll assume that that’s enough okay um and Now comments from board members and
Commission leaon we have police commission want to get us sure just um uh police commission did not meet last month and on Thursday the auditor is scheduled to deliver her report and I did tell them to read it online and have questions and stuff she’ll we’ll see how it goes but that
Will be uh on Thursday that’s the report anything from July or August wait it’s September now meet in July I said October I said welcome to October okay September it’s September we didn’t do our tribe we also didn’t do that okay we can do that we’ll do that
Let’s do it now okay okay let’s do our land acknowledgement as part of the comments from board members and commission leaon it works it works all right since time immemorial the calapa people have been the indigenous stewards of our region building Dynamic communities maintaining balance of Wildlife and enacting sustainable land
Practices today’s land acknowledgement is a way of resisting the Eraser of indigenous histories and to honor native communities by inviting Truth and Reconciliation following treaties between between 1851 and 1855 kalapuya people were dispossessed of their indigenous Homeland by the United States government and forceably removed to the coast reservation in
Western Oregon as we consider the impacts of colonization we also acknowledge the strength and resiliency of displaced indigenous people the City of Eugene is built within the traditional homelands known as calap puya Eli kalapuya descendants are citizens of the confederated tribes of grand Rond community of Oregon and the
Confederated tribes of the selet Indians of Oregon they continue to make contributions in our communities here and across the lands we express our respect for the inherent political sovereignity of all federally recognized tribal Nations and Indigenous people who live in the state of Oregon and across the
Nation and un recognize so since we haven’t I mean we had a training in August yeah the lot the prior police commission business was uh pretty much dominated by some bylaws uh adjustments which didn’t didn’t really um affect um uh us as Vis them and uh there was uh um
Some spirited discussion and uh uh examination of the role of the police commission but it was uh uh nothing that I feel that I had a come and report so okay thank you for asking bradette do you have any comments um I just appreciated the agency you guys were there um opening up
For our training last month um and giving us the opportunity to kind of get a better sense of what H what and how um so many things during physical restraints and arrests happen and so I just appreciate it being able to have that opportunity to have it
Broken down into little bits for us because I think sometimes it’s in those little bits that we we see concerns and now we can understand maybe a little bit better why it goes the way it goes so I that’s all Rick no comments um I don’t have any comments
Except echoing that but that was a we appreciate that no comment all right so now public comment um the Civil I’m sorry that’s okay um I also enjoyed the training but I wanted to mention that I got to attend the pride and black cultural celebrations with
Beatric um I think she did a really great job of setting up the booth and there were really fun games and prizes and it was I think cool to talk to members of the community about the crb and to kind of have little educational sessions I thought it was really
Fun cool thank you thanks for yeah thank you for doing that now now we can talk about public comment okay um the civilian review board accepts public comment at each public meeting people wishing to speak in person must sign up to do so using a request to speak form prior to the
Beginning of the meeting we have one those who are participating online may use the raise hand function to indicate their desire to speak can we check participants now we have anybody there okay um so when your name is called please provide your full name at the beginning of your comments each speaker
Will be given up to three minutes to speak and will be warned by the chair when they have 30 seconds remaining of their time we’ll hand up we’ll hold up that showing when you have 30 seconds left um at the end of all public comment the board May respond to comments during
Made during the public forum as a reminder the board cannot accept public comment specific to the case being discussed during tonight’s meeting due to to bargain protocols so we have Hamid is that correct hi so thank you so much uh for uh listening to me members of the review
Citizen uh review board yeah that correct staying within my three minutes I want to bring two things to your uh awareness that I think is within your purview to review recently the public here in Eugene have celebrated the fact that the in the maturation of the Cahoots program uh their services are
Now being rendered through the uh fire department and I want to say that on a service enablement point the officers in the field are having a hard time uh knowing uh anything about them at this point because they no longer keep track of their uh actual um uh calls or excuse
Me their uh their dispatch record so that’s become a real issue uh and I feel like that would be something that you guys would be on the reparative end of and it’s not really something to bring to the auditor’s office because there really there’s really nothing to audit
On a case-by Case basis so that’s why I bring it to your attention and the second and last thing I just want to bring to your awareness is that um earlier today I had the opportunity to file an Auditor’s uh report and I just want to say that its last set of codes
Just to put it on the record is QDR j7 mdz it’s hijazi pertaining to an officer by the name of Matthew pazola and I know that you guys don’t act as any kind of like secondary eyes or ears or the auditor so I defer to the auditor in
This but for my comment today and this is something that I want you guys here as a bit of an advisory comment is I feel like we should actually empower the auditor a little bit more than what we have now by giving it a 24hour call Service uh some sort of
Dispatchable uh recognizable voice on the end of a phone or an ability to even have boots on the ground that speak for and on behalf of the auditor because there are so many situations that arise in the community homelessness is my particular community that I represent um
Where we need like a point of contact to help mitigate a potentially violent or negative interaction happening with an officer and there’s really nobody to reach out to after hours since we’ve dislodged Cahoots right that’s the overlap like we no longer have that soft uh perspective of a community liaison at
All uh except for when Cahoots happen Stanly shows up okay so that’s it that’s what I like really wanted to put you before you guys thank you for listening and I just want to point out for the record that the reason why I came here without my Po’s permission I know
Normally I have to actually have my Po’s permission is that um this just occurred today where the issue that I brought to the uh auditor’s office wasn’t able to be addressed in in time such that I had now my sixth sweep of all my property I understand I need to go through the
Auditor’s process but I really realized that I needed to tell you guys that you guys need a 24-hour like someone other than just the sergeant because right now officers can call their sergeants and that’s great I really like absolutely support the ability to have a sergeant right away but that Independence that
Citizens perspective that softness that me for is gone so thank you so much I I have nothing more to say and thank you for letting me speak over my limits I blah blah blah blah you the saint thank you so much yeah there’s no comments I’ll go very
Good thank you thanks for coming thank you thank you thank you what yeah I have that all right um I I still don’t think there’s any public comment on the internet right okay um can we move to the party Patrol training topic yeah well hey everyone um you all know me I
Think but for those that may not know me that may be watching I’m Sean Adams I’m the Deputy Chief of Police for our Police Department talk a little bit about party patrol tonight and I’m gonna kind of really try to go back into a historical perspective as to how we got
To party Patrol because I think it’s pretty important that you guys review the cas that’s in front of you tonight to have a little bit of a historical perspective as to what was going on in the police department at the time what the operational uh expectations in Tempo
Were and really where we’ve gone after that so let’s uh let’s go back a little bit for the historical perspective and I think it was Mom’s weekend at the uo which was last March maybe April and things seem to be going pretty well up until that point we had no party Patrol
We weren’t having too many issues uh but as you may recall we had a party that spilled down the street with maybe 100 150 individuals in the middle of the day we responded with our Patrol force and essentially you know this is maybe a little bit of an overe exaggeration but
Contextually uh the crowd turned on the officers we had an officer injured uh and we had to back away from that we went to what was known as emergency calls in other words we took all our officers in the city that were you know assigned to do anything else and we had
To bring them into this entire situation just to safeguard our officers more than anything and and try to shut down the party and that’s problem for us that’s problem for the organization it’s problem for the city so we come away from that and recognize that um that’s pretty egregious Behavior what we saw
And I should also you know go back even a little bit further in time that we we had previously engaged the uo we had previously engaged the uo student body ahead of any of this and it even canvased at the beginning of the school year the neighborhoods and knocked on
Doors to advise of our social host ordinance here and those doors that weren’t answered we left a door hanger on advising people that this is the host ordinance this is what happens if you have a party that spills over and these are the expectations uh so out of that was born
What what we come to call party Patrol so there’s some there’s some truisms to party Patrol and some kind of false stuff so let’s talk about the name of party Patrol it’s not a designated team or unit that’s designated to go into the uo area and and Target these parties
That’s not what party Patrol is what we recognized as an organization was that we needed to dedicate a group of officers to respond to these parties as opposed to drawing all our police force in to try to go to all these parties because it’s a disservice to the rest of
The city quite frankly we have Emergency Operations going on all the time so that’s where uh the the term party Patrol was born and it was a group of six to eight officers that came in and their responsibility was to respond to loud parties that were out of hand now
There wasn’t a geographical area although we will obviously it’s around the UFO campus where the kids are at and things were occurring but they could have really gone anywhere in the city but the primary focus was to be on these student parties so that’s a team of six8
Officers that their jobs were uh every weekend we ran this to just go into the U ofo or any love party but the uo parties mostly and and um shut him down and the expectation from the agency was this was no longer a educational piece uh this was this is
An enforcement piece we had done the things we had needed to do with the uo ahead of time after there was press releases there was interactions with the uo leadership there was interactions with the uo Student Association uh and we were met with no response so yeah the expectation was for
Our officers that if you responded to a party and you witnessed a violation it was expected that you would uh exercise enforcement as opposed to discretion so why did we do that uh we can point back to an Arizona State study uh where they had similar occurrences and they went to
A zero tolerance um type of program and did some of the Bings that we were doing and were wildly successful with it and I apologize I didn’t bring the study with me I can cite it for you after the fact and I can get it to you through Leah but
In in essence that’s what we did so we ran party Patrol for maybe four weeks potentially five weeks uh before we had additional engagement from the University of Oregan Student Association and chief kinner went over and met with them and there was some dialogue back and forth and what was decided out of
That was the students said to us we would like to police ourselves and we as a police agency went we are all about that because I will tell you from from Chief Skinner all the way down this organization we do not want to go and police primarily you University of
Oregon students and I hate to put it this way you know these are these are important but we have emergencies I just said I mean there’s things that we need to respond to that are more urgent and when we’re going to deal with L parties and shut them down that just diverts our
Attention away from things that are more important um and I think the community I I would hope the community would agree with that so uh there was some back and forth and we made we made an agreement with the Student Association that we’ll pull back party Patrol if you can police your own
Parties and you can keep them in check and so for the remainder of spring of last year we did not run party Patrol and it was successful we didn’t have to go back we didn’t have any of the kind of melees we didn’t have any of the
Issues that we had early in the year so I I think you know our objective even though we used enforcement as opposed to education think it’s wildly successful successful I mean we got to the we got to the resolution we wanted so fast forward from there uh there was a lot of
Dialogue back and forth and in the fall of last year we did the same thing we went out to the University of Oregon we spoke to the Student Association we went canvas of neighborhoods again we hung door hangers but something different happened at this point because we had in
Agreement with the University of Oregon something called party registration and what that means is if you know our students in this case are on having a party they will register the party and if we get a loud noise complaint from there it’ll you know somebody pardon me it’ll go to the
University of Oregon Police Department it doesn’t come to us anymore the Eugene Police Department because we’re dealing with students in a registered party and the end result is instead of having personal contact what’s happening is that calls going over the University of Oregon and police department and they’re
Calling the host that’s listed on the registration saying we got complaints about your party you need to shut it down it’s on you and so really pushing the onus back on to those that are hosting these parties instead of us having to go in as police officers and
Address the situation uh we’ve had a number of these parties registered we’ve not responded to any one of them to my knowledge so I would say that that program has been very highly successful and you know I’m I’m really hoping as we head into the next school year that that
Things will stay in the tempo that they are right now we’re continuing we are not running party control we’ve shut that down uh and we really pushed the uh burdening or the onus on that back to the university more increase so that’s a rather longer than I had anticipated
Explanation of party Patrol and how we got to be where we’re at so I thought it was important just to highlight the expectation piece of what we were what we were asking our officers to do so I was going to ask what the historical perspective why the U ofo Police Department wasn’t involved
Earlier that that struck me as being something that they kind of were absent well and I should they were not it wasn’t that they were not part of what was happening to response initially we were actually partnering with them but these calls for service were coming in
From we not going on to campus so the calls for service that we are getting our off campus in our jurisdiction but thank you for the for the opportunity commissioner uh it just it’s it’s a perfect statement on how you can get together with another police agency because we had University
Of Oregon police officers attached to our party Patrol so when we could go in we would be the point of that but University of Oregon police officers were involved as well which got student conduct involved too so really the the intent in a perfect world that would be
The intent we go knock on the door and say hey knock it off student conduct’s there we take it through some kind of administrative out through the U Get down we don’t take any forcement action but that wasn’t happening it wasn’t what we saw are the are the current complaints if
Any being handled through the city ordinances or they be handled handled through student conduct code they will be handled through student conduct now I should qualify that a little bit because there’s some pieces of this that are still a little ambiguous so what’ll happen is the University of Oregon will
Get these calls and they’ll respond to them if for some reason they’re not effective in shutting down the the loud party then they will call us for assistance and then they we will respond and then we will address through our normal procedures through social host ordinances uh and any criminal orses
That we may have revised statutes that we may have is the typical call go through 911 though yes okay so do you guys route that then to the you will that’s exactly what we do okay y so the call will come in uh we will review it
To see if the call if the party or the address is on the registration if it is then the call goes over to the U ofo if the call comes in and it’s not in the registration it’s business as usual we’ll send control offic even if it’s a even if it’s a
School organization such as a fraternity or sorority correct do they will they assist you I’m sorry finish your question okay okay did do they assist you in because if something happens at a fraternity or authority will they show up yes and do they have the right to say
Who can and C that’s is that considered campus housing so they can go in there or is it not campus housing do you know yeah whether it would be campus housing or not I still think your your constitutionality of entering it regardless who gonna kick in no no no no
That wasn’t what I meant I was just trying to figure out if if they if it’s if it’s more similar to a dorm or if it’s more similar to an apartment more similar to an apartment okay so if if I could if we were to go back in time to
This same situation that we’re we’re going to be talking about tonight and we were going to be uh using what we have in place now to compare to that what would happen on that call is we would receive it we would review it if it’s on the registration uo police would go if
It’s not in the registration we would go but if we’re going to f of sorority we’re calling the U ofo we’re asking them to come assist us so it’s not just going to be us it’ll be them and our desire is anytime we’re dealing with students and this is through Chief Wade
As well with UOP we we want uopd to be the first touch point in anything having to deal with students we don’t want it to be us so when you’re talking historical perspective when did all of this kind of was this before or after the incident
That we’re going to be looking at after after and a and the impetus was the mother’s weekend that was the that’s what started all of Party Patrol the change in everything happened after we run party Patrol for a few weeks and then we had engagement from the University of Oregon Student Association
And do you know when Mother’s weekend was I think it was March I’m not like four months after this party right it was before this it’s a fall thing so it would have been no Mother’s weekend is spring it would have been spring 2022 yeah and this complaint was
October right okay so that happened in 20 spring of 2022 summer happens this gets implemented but not in but not but not this weekend yeah party registration did not start till after the winter ter okay so thank you that’s what when you just dates I was trying to figure that out no it’s
Okay and you’re when you it’s Eugene police does the dispatching um and so if you find like on a night like this where you have to bring over everybody in I assume lcso Oregon State Police Springfield um kind of will help some carry over if possible because the call
Center’s somewhat connected yeah so I for real emergencies right yeah so what will happen we don’t we don’t abandon the city so what will happen is we will bring all our resources into one tactical event or one event so that we keep all our people into one area we’re
Not bringing in other agencies and then we would ask your osps your Springfield your lane counties can you cover our emergency calls for service in the city okay so it’s a good reciprocal relationship we do the same thing for them and if something happened all those officers would have left this party and
Gone and de yeah let’s just say we had a massive shooting event or something yeah we we priorize go ahead Al thanks um well on issue of threats and sororities it seems to me that it’s a no-brainer that the university if they’re sanctioned fraternities and sororities there ought
To be an agreement a consent in place already for the the University Police to shut those down and that’s a complete way you know we shouldn’t have even been at the one we’re going to talk about tonight that should have happened and it should be part of student conduct don’t
Whatever the legal characterization is the kids the students that are in that organization if it’s sanctioned and part of the uo Greek system then there certainly would be some Authority on the part of the the university um to assert some jurisdiction there the other thing
Is just from Context this is this is the endless story uh you know 20 four years ago I was the city prosecutor 20 years ago I was the municipal judge at the top of the list for Warrant calls and party Patrol existed when the noise ordinance
Was created and um the the use of the alcohol ordinances so this is a cat and mouse thing that goes on that that has was going on before me will go on after all of us uh it’s a University Town however one observation is that during periods of strict enforcement it gets
Really unhealthy with the students and their relationship to Authority and the police uh and it becomes a cat and mouse a ter just a we’re going to drink no matter what and and it be it becomes a disrespect thing and 20 years ago uo police were given the authority to site
Into the Eugene Municipal Court I assume that probably still exists today um but so mips and and things were issued by uo police and we’d have courtrooms with a hundred uo students uh and it was not healthy for a future respect for the law it was the complete opposite it was
Controlling almost pardon me a show it was just too many people being charged with something that they had no real um sense there was anything wrong about so we it’s an Evan flow and I think your response is I like where we are now but just from a historical
Perspective this is something you know that get get ramped up coms down ramps up and then um clearly uh the Riot essentially the Takeover of the street is something that is is not ex you know we can’t have that happen but we can certainly back off from a frat house and
Expect that there can be a way of of um you know once there’s no Public Safety or no more noise and you know if the part’s over it’s probably time for the Department to leave and it sounds like you’re on that track so CH if I can just
Follow up on that for one moment you know I and I think you’re so spot on with this in as an organization this is exactly the feedback that we heard from the Student Association that that were disrupting relationships in a time where we’re trying to build um cross end relationships with all students
Particularly or M people that this is this is not helpful so the the the the course that we’re on right now if we can stay it with the students taking care of all this and not having to address it isn’t absolute gigantic win and you know from from the
Discussions I had with Chief Skinner this is this is the area that we want to occupy and mo forward so time’s gon to tell um thank you for that yeah can I add some context here I think I think it’s also helpful to place this case in uh your history which I really
Appreciate it also thank you within the context of uh a kind of larger Reckoning I think universities are having right now across the country which is what is the role of policing in these situations that are not like perfectly clear whether this is public or private um you know the the sexual assault
Um uh like structural sexual assault problem at Baylor University and the sports there and the 2014 as an example um Larry Nasser of Michigan State I mean so I’m not somebody who would want to take policing completely out of the equation um because I think that there
Are needs to have police on college campuses um so I don’t know I I feel frustrated with stuff like this and then try to place it within the context that you’ve given us and remember that I don’t know we’re kind of struggling with things that seem common right now or
Something I’m curious also about continuity because youo or asuo changes every year who’s the president is so do you have their strategy to keep the new leadership informed we we’ve pushed that back towards the University of Oregon Police Department and you know when they’re having their new St student
Orientations and they’re having their transitions they have those discussions and we have offered and we have gone over and we’ve spoken to the student associations as they change pardon me I I don’t know what’s happening this year and I can check in with Chief Skinner on that if we’ve been invited over but
We’ll do the same thing that we’ve done every year we’ll go over and we’ll just kind of knock on some doors we’ll leave some door hangers just saying hey man just keep it under control and the University of Oregon is continuing to push the uh the uh party registration as
The alternative so um this is this is going to be the real litness test year if I might use that phrase because you know we had a half a year last year and you know right at the very beginning there was at last minute there was still
Some discussion back and forth with you how we’re going to do this and we’ve had some changes with dispatch centers and now we are dispatching for the University of Oregon so there’s some changes that we’re going to have to work through through this year but you know
It doesn’t change that you know we’re learning we’re we’re a learning institution we’re all lifetime Learners you know and you know we we see instance we go we could have been better here let’s let’s let’s come up with some alternatives to be better and you know kudos to the chief
Skinner and chief weight I mean they came together with the Student Association really really came up some stuff I think is pretty powerful really so thanks you find that most of the party Patrol is you have o connected as opposed to LCC yes okay the interesting thing about
What we found with party control is and if you look at at the context that we’ve had it’s been about a 50% split that it’s about half you of those students and half that aren’t even students at all that are just crashing these parties so you can see that there’s a little bit
Of a different Dynamic here that you know we have people that need maybe intent on crashing the party and and not as um not as strict as their as their uo counterparts so you know those there’s some there some real unique Dynamics to some of these parties right I mean
Because I know that we’ve in the past had cases where in that area a lot of the a lot of kids that are going to LCC will move there because that’s where the college kids are but they can’t register a party with uo obviously yeah um but
That’s not the those aren’t the ones that you’ve G have to no okay yeah we’ve not we’ve not to my knowledge we’ve not encountered any LCC students and if we have it hasn’t been in many years okay do you have any idea of how many parties after the registration went into effect
How many parties you had to contact and then did you check in with them when you contacted them to say do you know that there’s a registration you don’t know I can tell you that the very first weekend we ran it even before we had the system
Up and running we had a party registered we never responded to that we never got a call on it I think we had if I if I remember right we had four or five this last weekend I believe it was we haven’t responded to any so and they were
Registered this weekend they were registered so you know the students will be back this weekend so um look out my daughter’s back this weekend drive down crossing the street yeah so yeah she’d be in trouble that wouldn’t be good for her but anyway has a crosswalk yeah this you
Know the first weekend and the students are back I’m really I’m really excited to see what’s going to happen this weekend and over the next month I really am I’m I’m excited exced about the future of this I think it’s a win all the way okay Monique did you want to ask any
Questions it’s hard to I didn’t have any questions I just thought that given getting the history was super interesting both from Allen and the deputy chief um and it tracks that 50% of the parties would be U ofo students and then not students at all um I think
That’s pretty common and there are a lot of people living down here that we not going to school um and I I think that is it but thank you thank you thank all right um it is break time and it’s actually it’s the right time for break look at us good job four
Years so before yeah 2019 okay yeah see par I did okay you know my background of course univ and we were good students we took responsibility for our parties and went way so to exactly we start back in we are starting okay all right we are ready to
Go turn lights before it gets dark outside thank you who surprising thanks would you ask but I could tell I was already going to be like going pull fair enough we’re ready for our case yes please so we’ve got uh allegations of retaliation the Community Robert sech and see here judgment lack of
Courtesy so the summary of The Facts so on October 29th 2022 Eugene Police Department officers assigned a party Patrol respond to a fraternity house in Eugene Oregon note the residents through the party on the evening of the 28th and the party continued into the early morning hours of October 29th a neighboring resident
Called the Eugene PD Communication Center complain the party with the fraternity house was allow excessive neighborhood disturbance officer D was the first to arrive at the fraternity house supervisor a and other officers arrived moments later supervisor a made contact outside of the residents near the entry of the house with residents and
Non-residents supervis a made requests for all the residents of the house to exit the residents and come outside so they could be contacted by officers supervisor a then went to the front door of the residence and knocked on the door as the door opened supervisor a utilized his or her
Flashlight open the door while supervisor a spoke to individuals in the doorway area he or she grabbed one adult who declined supervisor’s a A’s request to Vol arily come outside from the door threshold and pulled him or her out of the entryway and arrested him or
Her three of the residents of the house voluntarily exited the residents and spoke with officers initially these residents were slated to reive citations after supervisor a became dissatisfied with the cooperation of the other residents of the fraternity house he or she made the decision to obtain and execute a search warrant for the
Residents and arrest all the residents including the three that cooperated and voluntarily exited officer C authored and received approval for a search warrant for the fraternity house the search warrant was executed and resulted in the arrest and lodging of 23 house residents at the Lan County Jail in his or her IIA interview
Supervisor a defended his or her actions regarding the four allegations in the investigation and so the allegations were uh 10 3.5.5 point2 retaliation of the community on October 29 2022 supervisor a engaged in retaliatory behavior when he or she directed officers to arrest all residents of the house after certain
Residents asserted their constitutional right to refuse entry and when several residents had already received citations in L of custody 322 search and seizure on October 29th 2022 supervisor a prevented the residents from denying him or her entry to their residents without a warrant or ballot exception the warrant requirement by preventing them from
Closing their front door 103.4 point1 judgment supervisor a did not demonstrate good judgment in his or her handling of the situation including his or her failure to consider questions from multiple officers regarding his or her decision to jail compliant residents and then the final allegation 103.5 point8 pointd C
That supervisor a failed to use tact in their interactions control their temper exercise patience and discretion and not allow themselves to be provoked by their actions of others when he or she threatened the exercise of constitutional rights such as a right to a trial would result in negative consequences so then the adjudication
Recommend recommendation so auditor uh Force sustained chain of command the retaliation founded and uh judgment and sufficient evidence and search and seizure and courtesy sustained and then the chief was sustained on all four allegations and then I won’t read these These are the items for yall’s discussion it was an externally generated
Compliant and then the relevant areas and then these are the materials that we provided for yall to review for the case but we see that sorry adjudication Matrix one more time sure thank you if I could clarify that for a moment I wouldn’t mind the chain command
Didn’t comp I I sustained all of them as well as a deputy chief so sergeant lieutenant had those or sergeant and Captain and then myself and the chief State controversy thank thank you the initial decision by you chain of command was this was a lieutenant yeah actually the captain
When you see chain of command that’s the captain’s decision in between there would be me right and I controverted was sustained and then the chief concurred with me thanks for clar on that my mistake no I think it’s the first time we’ve ever had that though I mean I
Don’t know that we’ve ever had it I don’t remember seeing yeah I think the only time we the change has always been at the chief’s level not at a step below yeah and this was unclear in the file for me for me so that’s helpful yeah yeah thank you I know I was
Like all right let me take a photo with the door a little bit straighter AR and I will let y’all I will stop my share and let y’all take it over all right before we get to the complaint taking classification monitoring I wanted to put it out there
That I had a professional relationship with the reporting party’s family um but since this didn’t end up really dealing with that person I feel like and it was years ago so I feel like I can still speak on it without being biased but I
Want to be clear um and also I know we have a few people connected to the UFO on the board so there might be other known parties could we get the um Zoom back up there I know one of the officers that was there but that’s it okay I have no other
Connection to anybody else and it’s not one of the officers that was really involved right stand okay um um so we to that could you start us off with complete intake classification of monitoring um I’m glad you said it was external because I was a little confused thinking it was that
There was some complaint I had hoped um as baring digging through all of this that I was going to find something that said it was that there was some internal concerns um and so it was it it’s kind of I wish there had been more within the department seeing the concerns in this
Because I look at the amount of hours that night man hours I look at the amount of man hours that investigated I look at the number of people hours people hours you know around this table um that it it’s it’s pretty overwhelming to
Me um H so I I think as far as the the intake was was appropriate obviously even if the person making the complaint um was off base on many of the points that were raised um with regards to um the physicality of the arrest of one of
The people um because I didn’t see any inappropriate hands on contact with any of the people that were were there that night um and um I think as far as the the the monitoring um I think it was done well um I I know this is um one of
The first cases that you’re doing and it’s a huge case um and we always come up with something that we would make it easier for us but that’s not necessarily what your job is um but this one was really timeline necessary I think um because of the amount of time between
The call coming in and officers arriving things happening and then all of a sudden things changing um it would have been helpful for me to really have a clear clear idea of when was the actual decision made to change from citation to um to the arrest to um and so I think
That would have been helpful if there had been in the narrative um a much better um time process but that’s for me so maybe that’s the auditor’s office that gets to make those little notes for us as opposed to you know part of the IIA um Bern that sorry real quick should
We take some time to clarify that right now discussion sake oh I mean I don’t me to but I mean if okay just making sure yeah no um I think there were some things that um some questions that I kind of had afterwards so I guess this is part
Of the the investigation is um that there were supposedly monitors there and again I think with the with the tracking or the um training that we got tonight you know maybe this is taken care of but if there’s actually monitors that are assigned to these parties that we would hope that whoever’s arriving
Knows who the monitor is has contact with the Monitor and the monitor has actual control of the premises you mean like the person who registered the party um well they said they said that night when they were contacted it was like or afterwards it’s like we have monitors
Sometimes they’re not residents and I’m like well but then the monitor who’s supposed to be the sober person doesn’t really have control of the premises or are they giving them control of the premises um and so I mean it’s just some of those things it’s like you know do
They have the right to tell everybody to leave or give the officers permission to go in if they’re the monitor but they don’t live there um so I I that was just kind of a a concern um because if they know who the monitor is when they show
Up if there’s a concern they know who the monitor is they know who so that’s the person to contact that person knows that there’s a text chain to contact all of the other residents of this fraternity um and so we don’t I mean there were things that we were finding
Out about the text chain but did anybody say well text everybody you know so so things like that weren’t asked I think that night and they weren’t asked in the follow-up um investigation um and so I think but this was a there were a lot of people that
Needed to be talked to so I and a lot of video that was watched and so it I may have missed that sort of thing um so oh I think there was also a question of the two citizens that came in and were interviewed through the IIA process
Did did they come out and and the people that got cited did they come out of the party because somebody went in and said hey if you’re a resident you need to go outside or did they just see something to go outside that would have been
Helpful to know because I think if they came out because somebody told them to officers are out here they want all the residents out here it makes it a little bit different the retaliation to me um not a lot but a little bit different um
And so I think so that’s that’s where I am with regards to classification and monitoring the category we’re talking about now the complaint intake classification and monitoring and classification I I had an issue regarding the four allegations I can understand the alleged claims about retaliations and S
Procedure kind of but I think judgment is the too much of a catchall garbage can in which to throw things if you don’t like what the officer did for some reason that’s a subjective judgment about someone else’s judgment and I don’t think that that
Ought to be part of our daily Le so I I I just don’t see that that might be something that should be arised during the review by the supervisor of supervisor conduct but I I don’t think it’s something that the Auditors Office sudden to be involved in
Um and to some extent the same as with courtesy I think again that’s again that’s another subjective determination as to whether or not someone was being C curious I me the guy talked the person the supervisor talked too much perhaps that doesn’t mean that that
Person was not H so I had trouble with those areas of the allegations I thought that the investigation was fine I thought that um other than that that’s a life of s Monique do you have any comments on complete intake complaint intake classification monitoring I think that they were appropriately classified each
Of the um allegations and I I don’t know whether or not somebody well whether or not the people were listening to the officers and coming outside affects the retaliation part because I think the officer clearly was upset that at least some people weren’t coming outside and that um kind
Of set the tone they were upset um I think it might change the Constitutional um argument though but that’s all I have on the allegations um yeah I think that they were all for um I agreed with the the allegations and I appreciated that while the complaint wasn’t about
Any of these four things necessarily the Ia was able to find um allegations that that did make sense um but that makes it sound like you’re trying to find allegations that’s not what I mean um I always like it when even though the thing that’s brought up is completely
Unfounded the department still does due diligence about other things that show up that’s what I’m trying to say um and I agree it was it was well done um this is one of my most confusing and also fun cases to read because of all of the fun
Characters like the cow the cow and the plumber and the RO Panda the Velvet yeah the panda we got a lot of good stuff going on um there’s Bishop out back right so and also I think a lot of my questions about some of this were answered in the training no that’s for
The next part go ahead um I in this one paid attention to the um investigative reports um like directing me where to look on videos and that was really helpful um I really appreciated that because there was a lot of Bernette mentioned a lot to sort
Through and I didn’t get through all of it um some of the some of the videos were three hours long great job I IIA on pulling all of that that was great and also thank you so much on telling me where to look on those videos that was
Super helpful we’ve discussed that in the past few months so would much rather have yeah be able to open up that report and then start my reading from there that’s usually how I do it so yeah thank you I don’t have anything in terms of process to make any recommendations
About it I think my only uh comment about the classification I think the fourth courtesy came from the auditor if I’m not mistaken it came from someone that was added and the basis for it was the telling uh these uh individuals that if they exercise their right to trial
Essentially like the judge municipal judge was going to make it you know higher fines for for non-cooperation um um that’s an often repeated you know just you know no judge should ever be saying that that the guy in that the supervisor they in their interview kept saying uh um that I’ve
Heard that so many times you know that the the issue is of course after a trial a judge has heard facts and then is able to to you know say that I shouldn’t give you the break that I give everyone else because I heard that you were you know
You behaved in a certain way but in any event I think courtesy is a bit of a that’s not discourteous it’s it’s disinformation it’s it’s something you know I I rarely find myself on the side you know Rick’s side I think we do make subjective I think a lot of things we
Decide or discuss or subjective call so it’s not on that basis but but courtesy I don’t know where it would fit but I’m just not sure that that’s discourteous it’s it’s a disservice um but I don’t know from from disciplining a police officer for conduct I don’t know that that would be
Appropriate that was it that was it um Rick could you start us with relevant policies practices and policy training well I think that since the the party Patrol and the kind of a contact with with that many people at one time most of whom were in toxicated and not able to control
Themselves uh made it very difficult for us to be able to say that there should be policy or training regarding any of this I guess it’s just a matter of common sense for the officers to exercise their common sense when they deal with it um and I don’t think that there are any
Policies that that I would add oh you’re done yeah okay Monique yeah I don’t have any comments about training I’m not sure what additional training um is needed but I’ll save that for the well I think I guess I can say going off kind of it was helpful to have the training because
I think that whole process of how they’re willing to be dynamic and engaging with the university and trying to figure out a solution that isn’t uh a one-sized fitall type situation um was nice to hear so I think that’s um interesting maybe that’s more of a practice than a policy
Um yeah those are my comments on that yeah I think um the question that I had about training was just the party Patrol folks that are the six to eight individuals that you mentioned in the training um I just had an or a question about what special training they got to
Deal with this age group of people because it’s a really different sort of people than you see down like in the Whitaker or on the the railroad or something like that because these are students whose brains aren’t fully mated and like there’s a lot going on with these people that’s going to be
Really different than how you can interact at even a duck game where they’re there’s alcohol involved but they tend to be older I mean except for the student section um so that would be a question that I have on what kind of if you have any trainings or ideas of
How to engage with people this age who were intoxicated um and then also just I guess ideas about it seemed like maybe I misunderstood this a lot of minors were being let go without getting an MIP so kind of where does that happen I don’t
Know if I need an answer for that but those are the questions that came up I think that you’re trying to did Cover a lot of that St though yeah did you want to did you want to yeah you know I I I can respond the expectations were if we
Encountered MIT we were writing a citation so that didn’t happen then that’s outside of what the established expectations were for the event as far as specialized training for dealing with intoxicated college students you know I I think really by and large our base training is going to cover
Everything and we we focus entirely Mission enti we focus a tremendous amount on dealing with individuals who are emotionally disturbed and really if you think about it a lot of these symptoms that you see of somebody that’s super intoxicated are a lot of the same ways and how you communicate and how you
Present yourself those are all things that we all talk about and and work on in training good portion of not all of these individuals were assigned to our mobile response team and that’s our crowd control team and they’ve had additional training in dealing with individuals In Crowd environments and so
There’s you know as far as putting people on the ground to deal with a loud party like this one I I think we had the right people on about can we always be better sure we we always can um but some of that is also we have to look and
Think about we have a force that’s 65% hired within the last three to five years and so really a lot of this we can we can teach some of these skills in field training we can teach it in classroom environment but until you’re really out talking to individuals who are
Intoxicated and you’re trying to get them to be compliant when they’re not really all I think you were mention they’re just not all aware of what they’re saying that just takes time sometimes so as our for maturers I would anticipate we would become better at this and I don’t know that there’s any
Specific training that we could do to Target just okay but you do kind of think about who’s going out on these calls and oh sure yeah yeah okay well you know you think about t team tayloring so to speak you know there’s calls and I’ll just look at talk about emotionally disturbed
People and you’ll get to meet Sergeant Jensen here who’s going to be our next IA sergeant in place in Ryan uh he’s a former negotiator and I was just telling Joel coming in super super skilled and active listening response because all the time is negotiator if have a call
That I need somebody that’s super emotionally disturbed I’m going to team tailor and John can you go do this so we’re constantly evaluating and doing that um and you know the very things that we had this night we we were putting out a good portion of our crowd
Control team to deal with these parties so yeah um I don’t know I’m just reflecting on how Allan framed it I think um in one of your maybe your opening comments that um you know looking at this as like what what’s good for the community here
You’re like it’s not really good for for us to be putting a hundred students in a in a room and giving them all citations and um yeah I mean that’s really hard to think about yeah in this scenario what is good for the community you we have to have Collective understanding of what
Good is not going to go down that that hole right but um I don’t know I uh I think a lot of the questions and comments I had were actually um attended to by what you had to say like where where was this happening who was involved are you just
Sending out your most patient holiest officers um yeah this is this is this is helpful I wasn’t you know kind of jokingly had in my mind you know a kind of like party Patrol Jud a kind of film or something um but uh this is not that
Um it it looked like somebody was really frustrated and I can understand why they were really frustrated um Dr drunks and children hard hard to have patients around especially drunk children yeah especially they’re not children they’re young adults and makes R treated it as such um uh so I think it’s important to
Understand the warrant here and warrants in these situations getting a warrant for one of these parties is based on a noise violation and usually Furnishing alcohol and allowing alcohol like and so the reason for you need probable cause of a crime and you need an exent circumstance and the exent circumstances
For those alcohol offenses well let’s start with the noise is the stereo now who really thinks that they really needed to go in and take the stereo from this house in order to show that that they got a noise complaint and that when they arrived it was noisy they could
It’s not really to get the stereo they don’t really want the stereo likewise there’s empty cuups and empty bottles inside the house and that is evidence that there was alcohol consumption but they have all these people spilling out with alcohol and mips and stuff so I think the policy consideration is that
Before it sounds like the lieutenant here kind of primed at this party Patrol at least two officers had warrant templates ready to go so they were clearly thinking oh we might come into a warrant situation and I think the policy is is like for a frat house the as
Bernardet mentioned the complete total use of all the hours to execute this warrant and all the all the time spent everything they could have simply left and come back and and had an follow up and cited people cited the residents there was absolutely no reason for it unless someone felt retaliatory or the
Need to go take the stereo get every I mean taking 23 people to jail in the C this never happen this should never happen um for Fraternity if it’s a Greek sanctioned you know threat at the uo um it just is it’s just this in my view
Should never happen and so there ought to be a policy and training consideration LT should be the you know whoever the shift supervisor should be approving this kind of Warrant because there’s really no if the part is still going on everything I just said is off
If there’s a threat to Life Safety if it’s going to spill out and be a riot it’s everything I just said Has No bearing but if the part’s over and the door is closed and they’re not being cooperative like it’s time you know it could be it could be shown as weakness I
Could see how the police might perceive that as being perceived as weakness but the appropriate response is to back off at that point so that’s my thank you um I think as part of the party Patrol I would hope that they um will be looking at figuring out who’s in charge
Of the party um because I think if they had known who was in charge of the party that would have been helpful um or making sure that the person you know that is that seems to be the helpful one is at least sober enough to be helpful
Because it’s like a couple of the people that got cited you know seemed like they were cognizant more cognizant than the cow or the plumber um I think the on the flip side is knowing who’s in charge of the response because I mean where there were a couple of questions about who’s
In charge that somebody showed up first but then Sergeant showed up and it’s like oh well you’re the sergeant I guess you get it um chuckle was in there um by one of the officers so it was like but I I think there was still kind of a
Question as is that the person who’s in charge or that person just kind of went ahead took charge um which is fine I think after watching so many videos and listening to so many things I think there could have been much different response had somebody else been the
Person in charge um I think the the question about whether there was there wasn’t any discussion and and I don’t know maybe this is just a when somebody takes charge they get to make the call and nobody gets to question them especially if they’re a sergeant because
I think one of the questions was is you know were they kind of getting input from other people and it was like I think it was so minimal the officers saying so we’re taking them to jail we’re not citing them after they’d already written the citation so I’m not
Sure that that actually really triggered what we would consider a discussion um that they got input that the sergeant got input from other people to say this was not so I think you know it’s like I think part of the training I guess for me would be you know making establishing
Who’s in charge and that they’re making the call um I think there was a question at one point because the the sergeant seemed to say there was an exigency to keep the door open and if there’s an excy to keep the door open how does that
Not mean that there’s an excy to go in um which kind of wasn’t wasn’t followed up with um and so it it’s it seems to me that you know maybe there’s a little bit of training there as far as you know what constitutes an exigency and what
Doesn’t um or maybe it’s so case specific in this one that it’s it’s not really an issue um but it just seemed like if if you can keep the door open then do you need the warrant they did he did they did say that they felt
They could go in in the interview the supervisor said I but we would then just go in they said um but they said but you know what would happen if we did that and I understood that to be the motion to suppr the whole challenge for the
Action of going in right yeah I I don’t have a problem with the fact that they went ahead and got the warrant and they went ahead and cited them I I I think my concern though is that whether these people in the house really knew they
Were supposed to be coming out so it’s hard to say that they weren’t being cooperative if they didn’t know and part of that is just part of the communication it did see I mean most of the time when we’re talking about slowing down and and trying to be
Mindful of you know the communication um you know or the deescalation going in um you know but I think think this was another opportunity for the need to slow down and say are you really understanding what I’m saying like you would say with your five-year-old I told
You to clean your room which part of that did you not understand you know I mean it’s like it it’s almost what needed to be said um as opposed to I think just I’ve given you enough tries and so I think for me the training has
To do with making sure that the people that are in charge really know they’re talking to the people that are in charge um whether it’s party Patrol or whether it’s you know some other big event that you know you got to be talking to the people that can make the decisions so that’s
It I started out you what I started out you did start us out do you have anything else to say a lot hard part going first always yeah all right well you don’t have to go first this time Mo’Nique will go first Monique will go first for adjudication
Recommendation can we have around of just talking a little bit more before we get to the adjudication because what Rick brought up with regards to the allegations kind of feel like maybe oh yeah yeah yeah so Monique do you want to start us off with just a general round
Of discussion following our specific two first topics I will wait for the adjudication round okay I I’ll talk about that um I thought it was interesting the comments about courtesy being the confusing one um or a confusing one one um because that was one that chain of command sustained I
Thought that was just kind of interesting um and when you read the chain of command adjudication recommendations it talked about tact and I think that that when you think of it that way that um that is why I agree with that is because there is definitely a lack of
Tact on the supervisor a part if you’re looking at looking at excuse me in but you’re looking at disciplining an officer because of someone’s perception of that he lack ta tact in that situation with 150 drunk people and three or four cops beside him I just don’t I don’t see it but
Isn’t that where the sanction comes in to play I mean it’s kind of like if you violated a policy you violated the policy and if it’s egregious you’re going to have more of a sanction by the chain of Comm another point I want could I actually ask um Sergeant Adam
DC because generally this is where Chief would have the chance to say the the discrepancy and what went through your head to well because I did sustain this I will tell you that um part of the courtesy piece that we talk about tact is course of language and you know when
You’re talking and making statements of you know if I don’t do this and I’m going to do that and you’re you’re ordering on threatening behavior that’s where it crosses into the line and it did for media you’re being discourteous and really you know when we apply a
Police officer’s lens to this which I do and and we look at it I mean I think the bar has to be higher for our our supervisors and in these situations and our officers are looking to them and they’re looking to see what is the standard of Conduct in this situation
And we can’t have threatening ACC course of language in there and there’s different ways and you think about tact in different ways we could have possibly accomplished our objectives here in different manners had we used different language I felt those comments were disc courteous um which is why I did sustain
In the chief concur I appreciate that I mean I I have been kind of bleeding heart kind of person on this committee for a while and talking about the importance of like language and communication and um the courtesy part of it the section in the Ia report that
Said this is where we’re pointing to discourtesy um that I think that part did feel like coercive or something it was it felt like these comments were made in the it’s kind of like the comments that I make to my 5-year-old like come on if
You just come on out here we’ll just you know come on let’s just to you know sometimes try to like get get around them or something it seems minor but I think it goes a long way I don’t know in um build building the kind of like um
I don’t know Community Based um policing efforts that we we want to Envision in the future um also it felt like the just to go back to what you said about the exigency this is nitpicky but the the we had exigency think part felt kind of um like an
Alibi I don’t know read like that to you yeah I mean I I don’t necessarily think there was exigency but I think if if a sergeant or an officer are going to hang their hat on and say that there was something that made it really important
That I needed to do this exigent then then follow through it with it but was my feeling it’s just like I I think I think to me it felt like a cop out to say but I’m going to go get a warrant because I don’t want
People that’s what I felt like I don’t know that there was an excy there but I think that it’s like I it it seemed to me that if there was an exigency there if you got the warrant there there was an exigency there it’s it seemed
Like they were the same to me so but I’m not a lawyer I could can they can they they can go in if they suspect minor possession the furnishing no cuz MIP is a violation they need to have probable cause of a crime and then some exigent circumstance like it’s going to
Dissipate or it’s going to go away and in these cases the stereo is not going away but the alcohol is getting dumped down the toilet the glasses are getting hidden the people are hiding in their rooms and so if you’re a judge and you
Get a call and say I want to go in because of this you don’t have a choice you have to say yes because those are crimes and those are they’re articulating an exence and it is kind of prot it is protection for the officer from a community standpoint I sure
Prefer that they I don’t think they should have in the first place gotten the warrant but that they did instead of just busting in and there have been over 20 years of Municipal Court history um hundred motion to suppresses on that exact issue at Chase Village at you know
All around town everywhere there are students there have been uh police officers who run in without the warrant so I think the the the warrant choice is not you know a terrible Choice yeah can you guys we’ll get to you in a minute Leah you w to let her talk or you want
Talk I can wait go ahead no I just okay sorry I just and I apologize I’m at soccer uh so um on the courtesy point I think just it’s worth saying historically like when um over the course of my time here right courtesy used to be just using a bad
Word because that was actually the policy um and uh I’m I appreciate the evolution of the policy because I think that there is and I appreciated DC Adam speaking of this that it’s more of a did you meet our expectations for interactions with the community and and
I agree with you Rick that it’s subjective I totally do um and also I think this one 100% did not meet my expectations of what I would hope a supervisor would act like with the community right which is why I sustained it um and then to Allen’s point about the warrants just
This is one of those things that um I really appreciate you saying the cyclical nature of it because that’s also something that you know we’ve had times where we have a whole lot of search and seizure cases and then they we have times where every single time
They’re getting a warrant and we don’t have any of those right so it’s it’s one of those things that I’ve seen go up and down a lot and I did appreciate them getting a warrant ultimately in this case because it does solve that problem for me right so I’ll stop talking I know
It’s your meeting I just want to let you know some of my thinky thank you with respect to the warrant unless there’s some allegation or claim or proof that that the warrant was based upon evidence that was false the warrant protects the officers from whatever they do from that point forward
And they so they had a right to go in at that point oh sure and it protects the the the the whole case is protected from an attack of a motion attack that there was not correct probably and the motion attack is important also from the other
Part of the search and seizure claim in this case which it relates to the forcing the the way it’s alleged is he the a prevented the residents from denying him entry into their residence without a warrant or valid exception of the warrant I don’t see that as a actionable invalid
Search of anything or seizure of anything he prevented them from not allowing him to go in I I don’t understand that I think the Al I I’m not speaking for to me I understood the allegation to be the officers by you that action on the door prevent prior to the securing
Of a warrant right prevented the free exercise of um you know illegal activity Ingress and egress by you know no well that I agree with Bernard I think the off if there was the warrant the exent circumstances that existed on the phone with the judge existed at the door with
The person but the officer chose not to exercise that and decided instead to step back and seek the warrant so the so the remedy for the person who would be be charged with a crime for that would be they would get to suppress any evidence that was received as a result
Of the officer being able to look into the into the doorway right presumably if someone felt that their rights were violated yeah they’ file yeah there’s no there’s no violation of that here so I don’t see how he could be accused of violating search and seizure rights if no one is complaining about
It well I do think if it had gotten to that point then we would have considered alternate remedy because at the point where there is the motion to suppress that’s the Court’s job to deal with not ours does that help at all but you think it’s a violation of
The search and seizure because he because a supervisor held a door open when the residents wanted to close the door and that violated their rights to being able to not be seen in their residence to shut no not to be searched or seized but the searches but
They didn’t charge him with anything as a result of visual search right I’m I’m just trying to restate she’s what Leah is saying is the search that was sustained in the allegation is what that was I did not see I did not see articulated exigency but but what they but the
Search that you are alleging happened here that is being stained is what they were able to visually see while they held the door open no it’s entry it’s having the foot in the door it’s it’s entry it’s not so much that they went in and searched as that they entered
Without a warrant or an acceptable warrant uh exception if I remember right entered by having their foot in the door to keep the door closed or the flashlight was not the door it is flashlight sorry sorry right so Rick is saying there’s no search and seizure there’s just an opening of the
Door and I’m not prevents you from opening the door no it was that he stayed in the premises or he had his his tools I guess in the premises that’s what I that’s where I was citizen has a right to close the door if there if the officer is not
Exercising their right to enter based on a exigency which is is the case here because the officer decided to go and get a warrant instead then the that they have a right to close the door they do it’s your It’s Your Castle it’s your your premises that you’re securing so I
Think preventing the closing of the door is is some kind of deprivation whether it’s search you have a point I mean you know I uh there may be a point about you know exactly what that violation gives rise to in terms of classification of discipline but but I
Think that is a deprivation of of Rights I’ll let it go they seize the door that’s what they seize um yeah I would like us to move on also because I think whenever we get a constitutional rights issue it creates robust discussion and I appreciate it
And I am certainly not the most and just finishing that round then I just wanted to say that I felt bad for the supervisor because he they were doing this week after week and that’s a thankless thing and these kinds of things are bound to happen and so I you
Know I I kind of feel as a mitigation even though we’re not involved in that particular aspect of it um I think that the fact that someone was willing to go week after week and do this thankless job and learn the lesson and unfortunately he’s going to learn a
Tough lesson because he’s going to be disciplined but um anyway that’s now you’re the bleeding h on well I just wanted to point out I mean it was like when we’re talking about because I’m always the person that looks at how long people have been on um
And I think it it it’s exactly what AC DC DC AC DC um um the fact that this is a supervisor and there’s a lot of officers there that are not very exper exped and so they’re looking to the supervisor to see how interactions go and so I think if this
Had been another officer discussing this in the same manner it it might be viewed differently and and should be viewed differently but I think we expect and we should expect that the the newer officers know that this is the person I Look to as they were a field training
Officer they’re now a sergeant you know they might be the next person to become a lieutenant and that needs to be you know they need to know that it’s okay for me to to take their lead that how they’re interacting and how they’re talking and if they can say you know
Either give me permission or I’m just going to get a warrant and then I’m going to start busting your doors down then they go forward now you know and they get to they think that they can start saying that um and so I think it’s
It’s good that we look at it a little more closely um especially when it’s a a supervisor with so many new people that were out there at the time so that that’s kind of what I want to say before we got to the adjudication chair Williams I don’t mean to Mo but because
I have sustained this if I could just offer the thoughts of why at a command level we sustain this there’s no justification for pushing open that door and the moment he crossed the threshold it’s you know whether you see anything or whether you don’t see anything it’s a
Violation right there the moment he crossed the threshold and if I remember correctly he pulled somebody out and now you’re actually reaching into the house past the threshold and you are creating a seizure and there’s no justification for that so that is how we came to our adjudication adjudication of
Sustained yeah thanks for that clarification all right I just agree that they grabbed him and pulled him out his arm was outside the door so they can have the arm and not the rest the body I mean well what is I mean what a good that’s a good it is I mean it’s
Kind of like you know if somebody is holding on inside I mean this wasn’t in this case but it’s like do you have to let go if’s out they’re free game if it’s out the threshold you know it’s free game yes so then taking so if the
AR was out would you still sustained this as a search and seizure yes because he pushed the door open after and there’s no justification for that okay moment he cross the threshold we don’t we don’t see the justification for that okay now you get to start the adjud oh
Monque gon start okay if you want to Monique I can start it if you want I really appreciate the DC’s um like high standard that he’s putting on these cases I think perhaps where there might be a gray area he uh not just the DC I think you know the
Chief also sustained this um allegation and of course that’s what I am expecting of Leah so I think that this went really well this time and with there being a discrepancy within the agency I think what that says to me is that at the very least the chief and the
Deputy chief are reading the allegations um and forming their own opinions they’re not relying on um the chain of command and that’s really encouraging um and I think it also means in this case that Leo was right and that this was the right outcome and that’s all I
Have you agree with the Auditors sustained all allegations Auditors and chief yes the final chain of command okay yeah I also agree with sustained on all four so agreeing with the auditor and the higher chain of command um and that’s a really good point Monique I’m glad you brought that up
About knowing this helps us know that the system is working in a way that is transparent when we see that the chain of command is reading the adjudications and thinking about it and changing it so this is a good case to discuss just for that moment for public transparency I would
Say yeah I agree with the auditor and the chief and I think that this speaks to the kind of case selection in the auditor’s office as well it’s nice to see when there’s um I don’t know having some internal disagreement and putting that out in public is I think a good thing healthy
Robust thing for communities to see but also to see again that um the I wish the public could see the kind of granularity in the IIA report here um this is a chunky report and I was not at all um excuse me it’s late in the DAT I was not
At all pissy about reading it because um uh it felt like um like like most of the Ia reports to it felt like a good service to this community so thanks yeah I think it was you know my initial reaction was frustration that you know this is just going to always be
But it will always be there there will just always be parties there will always be responses and sometimes it’s going to go south and hopefully it won’t happen a lot and I think I agree with Mo’Nique and others that this is really um a great example of uh the internal
Investigation I think I can understand why um the C and the lieutenant made their conclusions uh and it’s really heartening to see that the the command reviews and and disagrees and isn’t afraid to to do that so um you know uh and again I made my point of mitigating
Just you know that it is what what it was but so um I think with regards to allegation one the retaliation the community if it were limited to the three that were cited I would agree um that it’s sustained as to those three that I think the retaliation against those three I
Would find that um but I would I would say it’s unfounded as to anyone else that was taken because they hadn’t asserted any rights it was just a decision was made at this point that we’re taking everybody to to into custody and to jail but as far as the
Ones that had already been cited I think I I I thought that was was just I didn’t think that was appropriate um interesting um hearing Rick’s perspective on this um but I would still sustain the the search and seizure um with regards to the Judgment um I didn’t
Find that there was really enough evidence to indicate that that there was a failure to consider questions by other officers um I mean I tried to go back and really find where that was and I know in the interview um one of the officers indicated that they kind of
Questioned it but when I was watching the videos I just wasn’t finding it so I was going to go with insufficient on the Judgment um because I again just there was just the the sure volume I couldn’t find enough that would say there was enough to say that that
Judgment was that there wasn’t a the way it’s alleged I’m not being very articulate the way it’s alleged that failed to consider the questions from multiple officers it didn’t feel like that that was was there for me to see um so I wouldn’t say that it was unfounded
But I didn’t think it could be sustained um and I agree that the courtesy should be sustained okay with respect to retaliation looking at the allegation in to 10 3.5.5 two the allegation is that a engaged in retaliatory behavior when he directed officers to arrest all residents of the house after certain
Residents asserted their constitutional right to was refused entry that is not what happened if you believe what the others said he he made the decision to have them arrested because they would not present themselves to be interviewed by the officers as requested multiple times so I think that that is
Unfounded search and seizure I’ve already commented on um I I don’t understand the allegation that Sergeant a prevented the residence from denying an entry to their residence he never entered the residence that I I could tell without a warrant nor did he seize anything or search anything while he was standing in the
Doorway um as a matter of fact he probably saved the based on what he said he would do probably save the fraternity house bucks in a new door but um on the Judgment I already made the comment same with Cy but I I think both retaliation and sergeon Caesar are
Unfounded uh I would agree with the assistant chief regarding courtesy the way he put it and I’ll go along with that even though I think it’s a pretty vague and inappropriate claim can we made against an officer okay is everyone good to move on to the auditor report everyone has shared their feelings
Okay who’s doing it hi sorry uh this is one reason why I’m glad we’re doing written Auditors reports now uh not that I anticipated the Confluence of events that happened to culminate with this evening but anyway um so you’ll see a written one in there we’ve been busy um if you look at
The little chart for August you’ll see we’re trending upwards over last year um we don’t really I mean we don’t have data to precisely know why um my inclination would be to say that it’s our public portal and our Stellar service but I don’t know um so we’re
We’re working hard we have a lot going on the pursuit uptick is something that we’re definitely looking at closely it’s concerning there’s a whole lot over the last I relatively there are a lot more this year and last year than the year prior um so we’re looking at that and we
Will be reporting back to you on that and that’s about it do you guys have any questions for meash us the the portals the complaints online yes so the public comment tonight indicated that um boots has switched over to police and fire is that accurate um DC Adams will
Be able to speak to that a little more clearly than I can as part of the budgeting process Cahoots was moved over to the fire department first of all for budgeting but we felt that with medic component it better align with the fire department so it was a city decision to move Cahoots
Underneath the fire department but that doesn’t mean that we don’t interact with them so they’re not they’re not necessarily being carried on our dispatch board and they will be dispatched independent of us to the same calls and then if we need them we’ll we’ll just request them to respond so uh
I don’t I don’t think it was entirely accurate what we were hearing because they are still being dispatched to the same calls they’re just they’re just Ed in the fire department that makes sense right so Finance puts them through the fire department y um but if there’s
Still a concern I mean some sometimes Cahoots wouldn’t go because there was a concern for their safety and so that’s why they wanted to make sure police was there police are there so police will still be there yep and if Cahoots is needed Cahoots can step in correct there
There’s been real really no operational change other than just the leadership you assign the work that’s what I thought but I just wanted to make sure that’s what it was okay that’s all my question thank you I do if there are I I can answer questions but also I just want to thank
Everybody for um being kind and understanding and forgiving of my situation tonight I I appreciate it thank you it happens we’re really kind you are you’re the best next time because I’m not here the following month November I no good news actually I will say uh for planning purposes
November uh much of your auditor’s office will be at the nle conference so we should plan to not have a meeting in November yes we’ll discuss okay sounds good closing comments for folks I have a comment and it may be connected um so in the public comment I think we’ve already
Talked about the Cahoots point the second point was um having a 24-hour service for Auditors to hear complaints is that what I understood did I understand that right um my thought is that that’s kind of what the website portal is at this point correct it it’s available 24 hours day okay
So that’s good that’s my closing comment I thought that the public comment was more to the fact that he he wanted to have responses he wanted he wanted mediate Oh I thought he want go out there right I think it was yeah if there’s a problem on a complaint about
How an officer’s handling something he wants an auditor to there right that it’s like dispensing advice from the auditor not Rick’s got the second shift um my my closing comment was something granularly related to the case so I’ll wait until everybody’s trying to leave to ask that question no seriously
Is my question was is saying everybody’s arrested is is that is that a violation of somebody’s rights if they haven’t gone in and they haven’t seen the behavior if I’m up in my frat individual room and I’ve got the door locked but I’m drinking and I’m under 21 and I
Haven’t been seen doing that if if an officer outside says everybody’s arrested and I haven’t been seen doing that what are the what’s going on there we can’t give advice case for that particular it’s G be it’s going to be based on definition of resident of the house is their
Release is what’s the agreement is that you know and that individual’s attorney is going to assert that individual’s rights as to the um group or you know where does that you know fortunately Justice is not dispensed in groups each each individual then gets a chance to
Fight it was it was cited under here I’m trying to find it where it was cited in the summary as um uh uh evidence of one of the allegations so I’ll I’ll look I’ll look more for that in this case it also wasn’t for alcohol consumption it was for noise
Just to make sure that just to be clear yeah they weren’t saying everybody’s arrested because everybody’s drinking they were saying everybody’s arrested a residents house that are does that make sense is that how the ordinance is distinction yes it is I like d Allan so as a as a responsible party of the
Resident you have to make sure that the noise isn’t exceeding the ordinance and that people are not Furnishing alcohol to minors trying to do homework in your room and you’re not even drinking it’s probably go to the library I think it’s open 24 hours think it is the ordinance
Says I tried to warn you guyses have be responsible host a host of a of well not responsible okay a host is responsible and an unruly Gathering is no person shall organize or host an unruly Gathering if the person knows or reasonably should know that
It’s an un un un together so in a fraternity house it’s always an unruly together are right are they all hosts yeah okay strategy is to leave if you don’t want if there’s going to be out ofc control party and you live in one of those houses you need to leave if you
Don’t want to be in this position as sad as that is so the three guys that were cited should have just walked away taken their paper walked away they would not have ended up in the Patty wagon taken taken off and being responsible for all the other things that everybody else got
Charged with is is yeah so in that case saying out loud guys an officer saying out loud we’re all going to jail now is uh under policy that’s why say again I’m sorry is that under policy to be standing out in front of the the Fred house and say all right
You’re all going to jail now they cited a Supreme Court case in their interview the supervisor that said if a viol if it’s a violation if it’s arrestable yeah could been lawyer but if it’s arrestable uh the decision whether to s in L of custody or take to jail is
Discretionary with the officer and and that decision is you know okay made with immunity apparently according to the lawyer I don’t know if that um but that’s the and in general I mean they do the typically site in L of custody arrest and you don’t see a lot of
Allegations of if the arrest was retaliatory you know it’s a discretion okay so the saying that is neither discourteous nor again out of policy no to say that everybody here is going to jail if you’re a resident of this place come out we’re taking you to jail
Everybody else go home that is not a discourteous thing to say all right that’s just moving everything along yep okay thank you and if you are a president of the house you probably at that point don’t want to lie but you want to walk away as though you don’t
Live there but they didn’t including the ones that were sided not that I’m encouraging everybody to they were noing when you said that I we all cor not yet we’re still on cling coming coms no was about the case that’s why I I asked it and it was I
Mean there was a lot of granular stuff here like that that yeah you kind of had to sift through it’s this is the problem with 18 to 21 year olds 23 year olds that are still in college they believe that they are adults they want to be
Treated like adults but then they do things like this that they don’t take responsibility like an adult and sometimes they call their parent and then their parent steps in as though they are in elementary school to like take care of them instead of saying you are at school you are an adult you
Signed a lease you need to take responsibility you don’t see that with your I don’t see my students drinking so I don’t know I the fifth right but it but I mean that it is it’s this it’s our society has gotten to the point where it’s like we you know we have parents
Putting cameras in their kids dorm room to watch what they’re doing to make sure they’re safe you know and so then when stuff like this happens and the kids don’t know how to take care of themselves they and and I think you know of course with the pandemic the party
Patrols weren’t around for a while so it was like everybody’s like it’s a free-for all and so there’s a lot of things that have happened that have made that this isn’t surprising because as we’ve all said it’s cyclical you know I mean it’s like there wasn’t a bonfire
Riot going on so yay um but who knows that it couldn’t have happened because what every five years we have one yeah so there are repercussions to these kids you know for some of this stuff and that shouldn’t be lost can be financial aid repercussions uh in aviation there will
Be repercussions if any of them you know they just professionally there could be so it’s important it’s still law enforcement and it’s still I think important I wanted also to get kind of address a comment that bernardet said about the supervisor and the other officers and looking up to the
Supervisor one of the things um it’s in aviation it’s called like cockpit resource management but it’s important to train also officers to know when to question the supervisor that’s that’s probably is equally important the skill um to not be um uh you know insubordinate or anything but when
Things are going bad and there was a great video in the last year of a of a patrol officer taking trying not here he was in Florida trying to get her Sergeant to get you know get his her his attention to to stop doing something but
But that was an extreme example but I think training um a assertiveness someone maybe along the line here should have said hey you know more assertive questioning from someone um but it’s hard and that’s when it’s your boss and you’re in the field and they’re they’re running the show that you know it’s
Difficult but so and there’s a bunch of junk college students like questioning it if you were to question it it’s like you’re looking like you’re siding with the students so yeah yeah totally understand why it would have been hard to question it but it certainly would have been
Helpful it’s 7:20 and that’s the time that it says to adjourn so I think that’s what we shall do um our next meeting is October 10th I will not be here maybe clay will though so that thank you for helpful for sure
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