The Citizens Police Review Board of the City of Fort Myers, Florida, met in regular session at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, its regular meeting place in Fort Myers, Florida, on Tuesday,, at 5:32 o clock p.m. Present were Shelley Dusek, Chair, presiding, Erma Boyd-Dorsey, J. Blair Sanders, Robert W. Votaw, Jr., Luther G. Young, Jr., James W. Klingensmith, Board Members. Also present were Terry B. Cramer, Assistant City Attorney, and Mary Hagemann, Interim City Clerk and Board Administrator. Absent: Daniel Bevarly. Chair Dusek led the Pledge of Allegiance to the Flag of the United States of America. OATH: Mary Hagemann, Interim City Clerk administered the Oath of Office to James W. Klingensmith. NO. 1 MINUTES Chair Dusek stated that the minutes of the regular meeting held on July 11, 2017, had been delivered to the Board Members. Boyd-Dorsey and seconded by Mr. Votaw to approve the minutes July 11, 2017. Dusek Aye, Sanders No; Votaw Aye; and Young - Aye. carried. NO. 1a OLD BUSINESS REQUEST TO REVIEW ALL VIDEOS FOR MANDATORY AND NON-MANDATORY CASES William Newhouse, Captain, Police Department, stated that the Citizens Police Review Board requested to receive videos for mandatory and non-mandatory cases prior to each meeting. Captain Newhouse stated that receiving videos for non-mandatory cases not efficient or practical. J. Blair Sanders, Board Member, stated that three years ago the Citizens Police Review Board were provided videos for every case they reviewed. Captain Newhouse stated that three years ago, police officers were not wearing body cameras and in-car camera videos were provided. Captain Newhouse stated that every police officer wears a body camera. Captain Newhouse stated that multiple officers could respond to the same incident at different times and reviewing videos time consuming. Captain Newhouse stated that the Citizens Police Review Board could rely on the findings as factual by the trained investigators who reviewed the videos. Captain Newhouse stated that the videos would be available for review, if the Citizens Police Review Board disagreed with the findings and voted for a full review of a case. Captain Newhouse stated that the videos would not be edited due to the time and cost involved. Captain Newhouse stated that a video should be viewed in its entirety to determine the relevant parts to the case. Captain Newhouse stated that a citizen who filed the complaint could view the video of the case. Captain Newhouse stated that cases should be reviewed on a timely basis. Emma Boyd-Dorsey, Board Member, stated that the Citizens Police Review Board should continue to request videos on a case by case basis. Mary Hagemann, Interim City Clerk stated 1
that videos were provided for mandatory cases and not provided for non-mandatory cases. A motion not made. NO. 2 PUBLIC INPUT Kelly Nichols, complainant, Case No. 2017-023, stated that she wanted to make a complaint against Officer Christopher Scavo. Ms. Nichols stated that she wanted an apology from Officer Scavo because of the way he talked to her and treated her. Ms. Nichols stated that she requested the video from the Police Department and told there not a video with Officer Scavo, but she could see the videos of the other three officers. Ms. Nichols stated that the videos were muted and she did not see the incident. Jennifer Cambra, witness, Case No. 2016-024 stated that a copy of the video made available to her but she did not have the technology available to view it. Ms. Cambra stated that she tried to view the video at the public library but it did not have the technology available. Ms. Cambra stated that the video should be made available through the City website. Ms. Cambra stated that the Information Technology department could provide a technological solution to view the videos. NO. 4 MANDATORY REVIEW BY BOARD 2017-023 2017-023 Case No. Admin 2017-023 9.1 Conduct toward the Public Kelly Nichols Christopher Scavo Internal Affairs Unfounded It moved by Mr. Votaw and seconded by Mr. Young to accept the findings of the Police Klingensmith No; Aye and Young - Aye. carried. 2
NO. 3 MANDATORY REVIEW BY BOARD 2016-024 2016-024 Case No. Admin 2016-024 15.7 Encounters with the Mentally Ill/Baker Act Section I (C) Dangers to Others Dale Scott Miguel Hernandez Internal Affairs Exonerated It moved by Mr. Sanders and seconded by Mr. Klingensmith to amend the findings of the Police Department from exonerated to sustained. No and Young - Aye. carried. Dale Scott, complainant, Case No. 2016-024, stated that she unjustly Baker Acted by Officer Hernandez and he acted unprofessionally. Jennifer Cambra, witness, Case No. 2016-024, stated that Ms. Scott s gun seized and removed from the residence of Ms. Scott. NO. 5 NON-MANDATORY REVIEW BY BOARD 2017-011 2017-011 Complaint: Tarique Wilson Dusek and seconded by Mr. Sanders to accept the findings of the Police Internal Affairs Yes and Young - Aye. 3
NO. 6 NON-MANDATORY REVIEW BY BOARD - 2017-012 2017-012 Complaint: Mustaphia Hamici Gilberto Benitez Shannon Harper Internal Affairs Boyd-Dorsey and seconded by Mr. Votaw to accept the findings of the Police Yes and Young - Aye. NO. 7 NON-MANDATORY REVIEW BY BOARD - 2017-019 2017-019 Complaint: Tarique Wilson Jacquelyn Garret Glenn Thompson Kelly Witt Vallone Thompson Internal Affairs Boyd-Dorsey and seconded by Mr. Sanders to accept the findings of the Police Yes and Young - Aye. 4
NO. 8 NON-MANDATORY REVIEW BY BOARD - 2017-024 2017-024 Complaint: Heather Berry Frederick Hink Internal Affairs Boyd-Dorsey by Ms. Dusek to accept the findings of the Police Yes and Young - Aye. NO. 9 NON-MANDATORY REVIEW BY BOARD - 2017-026 2017-026 Complaint: Judicial Kaki Jackson Officers: Jay Rodriguez Daniel Morency James Harding Jari Sanders Jason Jackson Brandon Birch Zachary Ross Internal Affairs Dusek and seconded by Ms. Boyd-Dorsey to uphold the findings of the Police Yes and Young - Aye. 5
NO. 10 NON-MANDATORY REVIEW BY BOARD - 2017-027 2017-027 Complaint: Amy Upshaw Megan Pate Christopher Scavo Internal Affairs Dusek and seconded by Mr. Votaw to accept the findings of the Police Yes and Young - Aye. unanimously carried NO. 11 NON-MANDATORY REVIEW BY BOARD - 2017-028 2017-028 Complaint: Monica Spivey Bradley Ades Brittany Morris Beau Reed Chad Barnett Internal Affairs Dusek and seconded by Mr. Votaw to accept the findings of the Police Boyd- Dorsey Aye; Yes and Young - Aye. 6
NO. 12 NON-MANDATORY REVIEW BY BOARD - 2017-024 2017-024 Complaint: a.) 9.1 General Rules of Conduct Section II (9) Standard of Conduct b.) 9.1 General Rules of Conduct Section II (23) Department Credentials c.) 9.1 General Rules of Conduct Section II (A) (21) Conduct Toward the Public d.) 9.1 General Rules of Conduct Section VI Police/Community Relations (E) Overreacting e.) 25.3 Mobile Video/Audio Recording Equipment Section IV Body Worn MVR Operating Procedures (A) Dusek and seconded by Mr. Klingensmith to accept the findings of the Police taken as follows: Boyd-Dorsey Aye; Yes and Young - Aye. unanimously carried Alfonso Bailey, Jr. Jay Rodriguez (e.) Jari Sanders (a. & b.) Christopher Scavo (e.) Michael Schneider (e.) ATF Member (c. & d.) Internal Affairs a.) Sustained Counseling/Policy Review b.) Sustained Counseling/Policy Review c.) Exonerated d.) Exonerated e.) Other Policy Failure/Sustained- Counseling/Policy Review 7
NO. 13 NON-MANDATORY REVIEW BY BOARD - 2017-026 2017-026 Complaint: a.) 9.1 General Rules of Conduct Section II (A) (21) Conduct Toward the Public b.) 25.3 Mobile Video/Audio Recording Equipment Section IV Body Worn MVR Operating Procedures (A) Harold D. Carter Bradley Ades Internal Affairs a.) Exonerated b.) Sustained It moved by Ms. Dusek and seconded by Ms. Boyd-Dorsey to accept the findings of the Police Boyd-Dorsey Aye; Klingensmith No; Sanders Aye; Votaw Yes and Young - Aye. carried. NO. 14 NON-MANDATORY REVIEW BY BOARD - 2017-030 2017-030 Complaint: a.) 9.1 General Rules of Conduct Section II (A) (21) Conduct Toward the Public b.) 15.1 Patrol Operations Section III Responsibilities (C) Investigation and Detection of Crime Brian Gilbert Melissa Gilbert Sarah Harris Internal Affairs a.) Unfounded b.) Sustained Counseling/Policy Review It moved by Ms. Dusek and seconded by Mr. Votaw to accept the findings of the Police Boyd-Dorsey Aye; Klingensmith No; Sanders Aye; Votaw Yes and Young - Aye. carried. NO. 15 REPORT ON COMPLAINTS RECEIVED SINCE JULY 11, 2017 Mary Hagemann, Interim City Clerk and Board Administrator, stated that 8
there had been no complaints received in the City Clerk s Office since the last meeting on July 11, 2017. A motion not made. NO. 16 PRESENTATION OF 2016-2017 ANNUAL REPORT OF COMPLAINTS, BOARD FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS Mary Hagemann, Interim City Clerk and Board Administrator, stated that the Citizens Police Review Board presented with the 2016-2017 Annual Report. Interim City Clerk Hagemann stated that there were 68 complaints. A motion not made. NO. 17 UPDATE ON PROPOSED CHANGES TO ORDINANCE NO. 3507 Terry B. Cramer, Acting City Attorney, stated that changes were made to Ordinance No. 3507. Attorney Cramer stated that Section 2-122 of Ordinance No. 3507 amended as follows: Term. Board members shall be appointed for a three year term. The terms of service of the members of the board shall be staggered. No person shall serve more than two three full consecutive three year terms. However, after a three year period of non-membership on the board, that person will again become eligible for membership. Attorney Cramer stated that Section 2-123 (c) of Ordinance No. 3507 amended as follows: Sec. 2-123. (c) The board shall meet and select a chair and vice-chair from among its members. The term of the chair and vice-chair shall be for one two years. The chair and vice-chair may serve for one two years at which time a new chair and vice-chair must be elected by the members. (e) A quorum of the board shall consist of a majority of the appointed members, but no less than five members, and an affirmative vote of the majority of the quorum present shall be necessary to pass any motion. (f) Board members shall be required to attend the meetings of the board. When unable to do so, each member shall so notify the board administrator or designee at least three days prior to the meeting. Failure to attend three consecutive regularly scheduled meetings will subject the member to removal from the board. Such vacancy shall be filled as provided in section 2-120. (g) Notice of the date, time, and location of all meetings shall be included on the notice of public meetings to comply with the Sunshine Law. 9
(h) The members of the citizens police review board shall serve without compensation. Boyd-Dorsey, seconded by Mr. Young and unanimously carried to approve the proposed changes to Ordinance No. 3507. NO. 18 ANNOUNCEMENT OF THE NEXT MEETING Chair Dusek stated that the next meeting will be held on September 12, 2017. There being no further business, the meeting adjourned at 7:25 o clock p.m. 10