EXCERPT FROM THE MINUTES OF THE CPRB MEETINGS OF APRIL 24 & MAY 8, 2003
(Only the parts relevant to the April 7th Port Protest events are presented here,)
CITIZENS' POLICE REVIEW BOARD
MEETING OF THURSDAY, APRIL 24, 2003 - 6:15 P.M.
1 Frank H. Ogawa Plaza, City Hall Chambers
Oakland, CA 94612
MINUTES
I. CALL TO ORDER BY CHAIRMAN WILLIAM HUBARTT AT 6:25 p.m.
II. ROLL CALL AND ATTENDANCE
Present:
Chairperson William Hubartt
Commissioner Mario Andrews
Commissioner John Batarse
Commissioner Mansour A. Salahu-Din
Commissioner Susan Raffanti
Commissioner Roland Walker
Commissioner Beneba Thomas
Tony Lawson, Hearing Officer / Board's Counsel
Joyce M. Hicks, CPRB Executive Director
Dan Silva, CPRB Investigator
Wendy Jan, CPRB Policy Analyst / Outreach Coordinator
Delores Pontiflet, Executive Assistant (Note Taker)
Absent:
..
V. STAFF REPORTS
Pending Cases: Executive Director Hicks
informed the Board that since her last report eight new cases had been
added. Two of the cases arose from the April 7, 2003 Port of Oakland
protest. A case filed by David Modersbach is related to the incident
by way of the police and the demonstrators coming to the City Center
area after the demonstration at the Port of Oakland. A total of nine
cases have come in the month of April. Internal Affairs Division has
added eleven new cases that have not been filed with the CPRB.
Comment: Sanjiv Handa, East Bay News Service informed the Board that under the Sunshine Ordinance it is required that the secretaries of each Board maintain a chronological three day and 30 day file. Mr Handa also informed the Board that a large amount of correspondance has been generated regarding the April 7, 2003 protest. Furthermore, Mr. Handa informed and provided the Board with an item on the April 29, 2003 Public Safety Committee agenda.
VII. NEW BUSINESS
a. Election of officers ...
b. BOARD'S RESPONSE TO THE APRIL 7, 2003 ANTI-WAR DEMONSTRATION AT THE PORT OF Oakland
Commissioner Walker read a letter he had e-mailed to the Board. Commissioner Walker stated he had no discussions with the Board regarding the e-mail. In the letter Commissioner Walker asked that all Commissioners attend the April 29, 2003 City Council meeting and take a unanimous stand re: 1) The Port of Oakland demonstration 2) The City Council should expend no taxpayer dollars hiring an independent investigator 3) The City Council should see to it that the CPRB is immediately fully staffed and all commissioner vacancies are filled as soon as possible.
Commissioner Salahu-Din stated that this might be an opportune time to get the attention of the Mayor, the City Council, and the City Manager. As to the demonstration, the Board should attempt to review the training on crowd control and use what is found as a measure as to what has happened. Commissioner Andrews stated that there seemed to be two issues 1) What is the Boards responsibility and 2) Whether or not to have a policy hearing and set recommendations. Commissioner Raffanti stated that she had not been to a policy hearing and asked if the Board had the authority to subpoena officers to a policy hearing. Board Counsel Lawson explained that the Board has had policy hearings in the past and the Board can subpoena and can also ask the Chief of Police to appear.
Executive Director Hicks informed the Board that included in their agenda packet she has enclosed San Francisco's Police Crowd Control Manual and that the police do indeed use batons.
Commissioner Walker agreed with the lack of staff, how long would it take to gather what is necessary to have a meaningful hearing. Executive Director Hicks responded that within three weeks there would be another investigator on board and it is her intention to detail one investigator to this project should the Board decide it wants to have a policy hearing.
Commissioner Andrews made the motion to have a policy hearing and Commissioner Bartarse seconded the motion. Motion carried by unanimous vote.
Comments: Sanjiv Handa, East Bay News Service informed the Board that it should have a policy hearing.
Comment: Rashida Grinage informed the Board that two City Councilmembers believe that the CPRB body should do the investigation and it should be done before law suits are filed.
Comment: Terence Enwright informed the Board that he would like see an investigation done by someone other that the Oakland Police Department.
Comment: Scott Joseph Bonett informed the Board that there seems to be some confusion as to who should conduct the investigation and he supports the Board fully. Mr. Bonett attended the protest because it was billed as a legal picket. Unfortunately he was hit five time by bean bags. Mr. Bonett provided investigator Dan Silva with pictures of this injuries.
Comment: Arthur Martinez informed the Board that he did not hear the command to disperse and he saw police dragging and handcuffing people. Mr. Martinez also stated the CPRB should try to make some changes.
Comment: Marge Hall informed the Board she was worried about the liability issue and wonders how a complete job could be done.
Comment: Unknown speaker asked the Board what was the most efficient route to the reform.
Executive Director Hicks informed the Board that they are an advisory Board and their charge is to hold investigative hearings on complaints and policy hearings and to make recommendations to the City Manager.
Commissioner Raffanti made a motion that the Board inform the City Council that it intends to have a policy hearing and therefore wants the City Council to use its resources to have the independent investigator work with the Board. Chairperson Hubartt seconded the motion. Motion carried by unanimous vote
Chairperson Hubartt, Commissioner Raffanti and Commissioner Walker will attend the special Public Safety Committee meeting on April 29, 2003.
ADJOURNMENT
The Board adjourned at 12:20 a.m.
The full unabridged minutes of the April 24, 2003 CPRB meeting are at http://www.oaklandnet.com/government/citizens/CPRB_minutes_24APR2003.pdf.
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The May 8 meeting
CITIZENS' POLICE REVIEW BOARD MEETING OF THURSDAY, May 8, 2003 - 6:15 P.M. 1 Frank H. Ogawa Plaza, City Hall Chambers Oakland, CA 94612 MINUTES I. CALL TO ORDER BY CHAIRMAN WILLIAM HUBARTT AT 6:30 p.m. II. ROLL CALL AND ATTENDANCE Present: Chairperson William Hubartt Commissioner Mario Andrews Commissioner John Batarse Commissioner Susan Raffanti Commissioner Beneba Thomas Commissioner Roland Walker Tony Lawson, Hearing Officer / Board's Counsel Joyce M. Hicks, CPRB Executive Director Wendy Jan, CPRB Policy Analyst / Outreach Coordinator Delores Pontiflet, Executive Assistant (Note Taker) Absent: Commissioner Mansour A. Salahu-Din (excused)
III. APPROVAL OF MINUTES OF April 24, 2003 MEETING Commissioner Walker made a motion to approve the April 24, 2003 minutes with revisions changing his title to Commissioner instead of Chairperson and changing descending to dissenting. Commissioner Batarse seconded the motion. The motion carried by a unanimous vote.
IV. AGENDA DISCUSSION None. V. STAFF REPORTS Pending Cases: Executive Director Hicks informed the Board that since her last report two new cases had been added. Joseph Liesner, who was a Port of Oakland protester and David Lee Hunter, who said he was throwing invisible grenades at the police. IAD has added nine new cases. The total combined cases are 157 with 75 active and pending CPRB cases.
VII. OLD BUSINESS ..
Chairperson Hubartt asked Commissioner Raffanti to report on the April 29, 2003 Special Pub lic Safety Committee meeting she attended. Commissioner Raffanti informed the Board of her observations of the meeting. Commissioner Raffanti also informed the Board that she and Commissioner Walker spoke and made the point that the appropriate forum would be for the CPRB to do the investigation. Commissioner Raffanti and Commissioner Walker also brought up the fact that there are vacancies on the Board that should be filled. Commissioner Raffanti informed the Board that the City Councilmembers went into closed session she later heard the vote was seven to one to obtain an outside panel to do the investigation.
Executive Director Hicks informed the Board that she was advised by the City Manager that the City Council had authorized an outside panel to perform the investigation. The panel would consist of an expert on police practices, a retired judge and a civil rights lawyer.
The Board's consensus was that the Board should conduct a policy hearing on crowd control regardless of the charge of the outside panel. Commissioner Raffanti asked Executive Director Hicks if there was a time frame for CPRB staff to conduct a policy hearing. Executive Director Hicks informed the Board that she did not have a time frame, but would gather information from the three member panel once they have issued their report.
VIII. OPEN FORUM
Comment: Jackie Thomason, People United for a Better Oakland informed the Board they had demanded to the City Council that the investigation be under the auspices of the CPRB.
Comment: Jackie Thomason, People United for a Better Oakland informed the Board that on Monday, May 12, 2003 from 5:00 - 9:00 p.m. there will be a nonviolent community picket and invited the Board to attend. Ms Thomason also informed the Board the Pueblo had a meeting about attending the picket but some members expressed concern about being hurt in lieu of what happened at the Port of Oakland protest.
The full unabridged minutes of the May 8, 2003 CPRB meeting are at http://www.oaklandnet.com/government/citizens/CPRB_minutes_8MAY2003.pdf.