Loading...
HomeMy WebLinkAbout1993-06-04 City Council Special MinutesCITY COUNCIL SPECIAL MEETING JUNE 4,1993 The special meeting of the City Council of the City of Apache Junction, Arizona,was held on June 4,1993 at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Perkins called the meeting to order at 7:00 p.m. ROLL CALL Councilmen Present:Mayor Perkins Vice Mayor Barker Councilwoman Richmond Councilman Hendricks Councilman Perkins Councilman Coleman Councilman Cox Staff Present:Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Director of Public Safety Bill McDaniel Planning Division Manager Jim Nakagawa Others Present:Timothy O'Connor,838 S.Saguaro Dr.,Apache Junction Joe Saggio,543 N.Ironwood Dr.,Apache Junction Louis Gorens,Box 806,Apache Junction Robert Camboni,1509 W.Saddle Butte Debra Conklin,610 S.Desert View Dr.,Apache Junction Joe durbala,673 E.Kachina Ave.,Apache Junction Laura Dean,580 W.23rd Ave.,Apache Junction Mayor Perkins asked if the Council had any opening statements.There being no opening statements from the Council,she asked if anyone from the audience would like to make any statements concerning this hearing for a citizens/civilian review board for the City. Mr.Timothy O'Connor,838 S.Saguaro Dr.,distributed to the Council an analysis on what it would curtail to establish a citizens review board and that he had done this at the request of SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 1 OF 7 the city attorney.He briefed the Council about his experience in the military and on his responsibilities when he was a training manager at the state prison in Florence,Arizona. Mr.O'Connor further stated that over the years he has had a lot of experience in the federal court system both as a defendant in the federal civil rights suits --he has been suit by the inmates for alleged violation of their constitutional rights --and also as an expert witness dealing with the alleged abuse of force and violations of the constitutional rights by the prison's staff.He mentioned to the Council what his credentials on criminal justice were,including a teaching certificate on law enforcement and corrections. Mr.O'Connor stated that his experience with the Apache Junction Police Department has been all positive and he has a lot of respect for any officer.He further stated that i t is a very demanding and stressful job,and establishing morale in a police department or any other criminal justice agency and maintaining that particular morale creates a lot of demands on the administrative people. Mr.O'Connor stated that the first thing to do is to identify the problem and ask if we really need this review board;if there is a need on the part of the citizens to have this type of board that will require a lot of people getting involved,who will put a lot of their own time into establishing this type of entity;then,we will need a needs assessment where we will have to answer a lot of questions.He then described the process.He stated that not just anybody could be assigned to the civilian review board;they will need a lot of training. Some people in the audience tried to respond to Mr.O'Connor.Mayor Perkins called for order and reminded Mr.O'Connor that the Council usually asks people to limit their speech to five minutes and allowed him a couple of more minutes. Mr.O'Connor concluded emphasizing the importance of training of the civilian review board members. Mr.Joe Saggio,543 N.Ironwood Dr., stated that review boards are a necessary thing even if they are evil to the bureaucrats who are in power;but if we want good,clean government to work for and on behalf of the people,we must have these committees;and they do not need to have anything more than common sense,decency,and honesty to be able to serve;if they can read and write,they can learn quite readily the rules and laws pertaining to what they are dealing with. Mr.Louis Gorenc,Box 806 in Apache Junction,asked how many council members have seen the 200 -page DPS report on our police department initiated last year of officers having sex on the back seat of police cars,or the use of police cars for picking up payrolls for the SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 2 OF 7 greyhound track.He commented on the July 4th incident involving the police chief and the civil-rights lawsuits that have been filed against policemen; they are filed because there are problems in there that need to be corrected. He stated that we can't trust government or any police department to oversee themselves;there are civilians controlling our military and we should have civilians controlling our police department. Mr.Robert Camboni,1509 W.Saddle Butte,stated that the law boils down to the Constitution of the United States of America and we must protect that;we cannot let "any fox guard the chicken house,no matter if it's police force,military."He stated that we need to review any facet of government. Mr.Debra Conklin,610 S.Desert View Dr.,stated that her two sons were driven out of Arizona by Apache Junction Police Department;they were followed one time and were held hostage; and her two Ford trucks cannot come into the city without being followed all over. Mr.Joe Durbala,673 E.Kachina Street,stated that we cannot set up a board as important as this one in less than a week or two weeks.He pointed out the appointment of board members listed on the agenda and asked if these people had been decided upon before being presented to the public.He stated it was unfair and wrong that the Council puts something this important into effect within a week after they were elected. City Clerk Kathy Connelly clarified to the public that because of the Open Meeting Law,in the event that the Council wanted to perhaps make the appointments or wanted to establish a type of membership,in order for them to even consider doing that,we have to list it on the agenda;everything that is on the agenda does not mean that it will be done tonight;but if they chose to do that,they will be legal to do so under the law;that is why the agenda is as broad as i t is. Ms.Laura Dean,580 W.23rd Ave., commented that she coincidentally heard about this meeting and asked if perhaps this course of discussion and decision should not be advertised in the newspaper or given further notice to the public. City Clerk Kathy Connelly answered that we meet the requirements of the law;that what the Council is intending to do is preliminary work tonight and bring it back for further discussion. Mayor Perkins asked if there was anyone else wishing to speak;there being no one else wishing to speak,she closed the meeting to the public.She asked if anyone from the Council would like to make a motion on creating a civilian review board for the police department. SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 3 OF 7 Councilman Hendricks MOVED THAT WE REVIEW AND CREATE A CITIZENS POLICE REVIEW BOARD. Councilwoman Richmond SECONDED THE MOTION. Councilman Coleman asked if this motion means to create the board and appoint board members,or for further discussion. Vice Mayor Barker answered that the general proposal is to say that the Council would like to have a civilian review board;but what has been brought up tonight is absolutely accurate; because we do not have all the information that we need,we cannot put this board together in a twinkle of an eye and expect it to be an effective and credible situation.She stated that if the Council determines this is the route to go,we would want to give direction to staff to gather information and bring it back to the Council in a timely manner;then the Council can have another meeting to study it and discuss the options on how to put this review board together. Councilman Coleman agreed that as much as possible,the Council should try to hold discussions like this one during regular council meetings;that is why they are established on regular dates,so that the public knows when they occur.He mentioned that people have already complained to him about this meeting being held on a Friday.He thanked Mr.O'Connor for his efforts,commented on the importance of the civil rights of policemen as individuals,and stated that the review board should be a fair and honest board. Vice Mayor Barker pointed out that the motion was to establish a board which would be the first motion; following,if that motion were to pass,it would be direction to staff. Councilman Perkins stated that with that motion as is,the Council does not have to ask staff for information;the purpose of having the information is to determine whether or not we need a board.He added that the City already has policies and procedures in place that can do the job that the Council wants the review board to do.He stated he will not support that motion,but if it is changed to direct staff to bring back further information for the Council to determine whether or not we need the board,then i t is acceptable.He stated that until he has all the facts and information about a review board --why there is not other city in Arizona that has a citizens review board --he cannot vote for something now and ask for information later;it would not be fair to the citizens of this community,to him as a council person,or to the police officers who serve the City. Vice Mayor Barker stated that the two elections held over the past two -and -half months have determined ,the need SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 4 OF 7 for a citizens review board,and the people who were voted into office at those elections ran on a specific platform;the need for this has been established by the voters of this community and as far as how it would work and the procedures,the Council needs staff to do the research.She pointed out information provided by staff to the Council for this meeting,which they had not had a chance to look at,plus Mr.O'Connor's information.She agreed with Mr.O'Connor that people who serve on the citizens review board must be educated and know the law;the Council does not intend to have on the board people who have a vendetta against the police department.She commended the police department for their service to the City and stated that the problems with it do not mean that we have an entirely bad police department. Councilman Hendricks stated that during his campaign,most of the people he talked to said that the City needed a police review board;that people believe we do have a good police department,but there are a few bad apples.He added that people ssaythey do not understand why nothing has been done about the complaints against the police department;people think there is a failure in management of the government,that department,or in general.He stated he feels that i f management is not part of the solution,then it is part of the problem,T and we need to take care of that by creating this review board.He agreed that the board will not be for people to settle a personal vendetta;this board is being set up because the people of this community said they wanted it. Councilman Perkins asked how many of the people that Councilman Hendricks talked to have reviewed the policies and procedures of the police department,or have discussed them with the city manager,or have researched what rules and regulations have to be followed in creating a committee and what is the committee going to have to do as far as the Open Meeting Law,people's civil rights being taken advantage of,and putting the City in a position of liability.He further emphasized the importance of looking at the facts and figures to determine if there is a need for the citizens review board. Councilman Coleman proposed the following amendment to the original motion:TO CONSIDER THE CREATION OF A POLICE DEPARTMENT CITIZENS REVIEW BOARD AND DIRECT STAFF TO BRING BACK THE FACTS AND FIGURES,RATHER THAN CREATING THE BOARD AND APPOINTING ANY MEMBERS. City Attorney Glenn Gimbut pointed out that Councilman Coleman was suggesting a separate motion,rather than an amendment. Mayor Perkins asked the city clerk to read the original motion and she did so. Councilman Coleman offered a substitute motion:THAT THE COUNCIL CONSIDER CREATING A CIVILIAN REVIEW BOARD FOR THE POLICE DEPARTMENT AND DIRECT STAFF TO GATHER THE INFORMATION TOGETHER SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 5 OF 7 CONCERNING POSSIBLE PROBLEM IDENTIFICATION,NEEDS ASSESSMENT,PERHAPS AN ACTION PLAN FOR CREATING THIS BOARD,AND TO BRING IT BACK TO US IN 30 DAYS. Councilman Cox SECONDED THE MOTION. Councilman Hendricks and Vice Mayor Barker withdrew their motion and second to the first motion. VOTE:Unanimous. The motion carried. Mayor Perkins appointed Vice Mayor Barker and Councilman Hendricks to work with city staff and monitor the research process. Councilman Coleman be also included. have any objection to that. rather not be included. Councilman Perkins asked that he and Mayor Perkins replied she did not Councilman Coleman stated he would Mr.Gimbut recommended to limit the number of council members to no more than four;four members would make it a quorum which calls for an open meeting under the Open Meeting Law process. Mayor Perkins confirmed the appointment of Vice Mayor Barker,Councilman Hendricks,and Councilman Perkins to work with city staff on the research process. ADJOURNMENT )Mayor Perkins adjourned the meeting at 7:45 p.m. ACCEPTED THIS DAY OF ._11U1.y ,1993,BY THE MAYOR AND CITY COUNCIL OF THE F APACHE JUNCTim,ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY ,1993. SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 6 OF 7 .00,•_-dr (yor ATTEST: City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction,Arizona,held on the 4th day of June,1993.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of June,1993. KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 4,1993 PAGE 7 OF 7