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Sunday, November 10, 2013

CRB (Citizens Review Board) Reform on City Council Agenda



CRB (Citizens Review Board) Reform will be the subject of a Charlotte City Council discussion Monday, Nov. 11, 2013 at the regular meeting.  Prior to that, City Manager Ron Carlee at 5 p.m. in room 267 of the Government Center, open to the public.

Citizens are encouraged to attend this presentation and demonstrate your desire for a fair process and better police/citizen relations.  Even if all requested changes pass, there will be need for additional reform.  To date, much of the information presented by the CRB has been deemed useless, and much has been incorrect.  


Citizens brought up some relevant points at the October 28thCouncil Meeting: 

Corinne Mack asked: 1) Who appoints members? 2) What is the criteria to be on board? and 3) Does the Board membership reflect membership of the City and County?
She likened a weak reform to a guard dog with no bite and called for including access to the IA files, and presenting Officers to the board.

Dick Hester, President of the Charlotte Chapter of the ACLU spoke on behalf of himself and the ACLU Board.  He acknowledged that police have a difficult and dangerous task, working under stressful and dangerous conditions.  He called for the CRB raising the level of trust between police and citizens.  He also called for CRB to be an INDEPENDENT INVESTIGATIVE board, allowing fairness dealing with grievances. 

Rodney Sadler expressed concerns about the proposed changes: 1) They appear very modest and even if they get through Council, would there even be real change?  2) He wants the CRB to have influence over the internal police policy changes, and for that influence/those changes be binding, 3) that the CRB include members who are “most often victims” of police misconduct, and 4) that CRB receive full un-redacted, unedited versions of the IA files in order to have actual oversight.

Sadler asked for actual power to adjudicate, not just appellate power.


If you watch the video, at just before 24 minutes in, Councilman John Autry asked City Attorney Hagemann: “Does the Citizen’s Review Board not see the Internal Affairs file?” 
City Attorney Robert Hagemann answered, “Yes, it does.”
Autry replied, “It does (repeating Hagemann’s answer)?  Already?”

Hagemann said, “Yes. That will be more explicit in the recommendations I will be making to you.”  (Is that what you say to cover that your “yes” answer is false?)
Autry continued: “So, is there some difference between the Internal Affairs file and the Case File?”
Hagemann said, “I think there’s a misunderstanding.”

Kinsey then moved the meeting forward, avoiding clarification of “the misunderstanding.” This “misunderstanding” is that Hagemann’s direct answer to Autry’s direct question was not true.
Outgoing Council Member Warren Cooksey interjected about updates that had come to the Council Manager Relations Committee he is on which has dealt with the Reform Proposals, then said “… We did meet.  We approved recommendations to council today.  What you should be expecting to see on your future schedules is a dinner briefing on November 11th and a request for Council action on November 25th.”
 
That didn’t answer the question, either.  Cooksey and Hagemann know the fact that the full IA file is NOT provided to the CRB.  For the City Attorney to seemingly misrepresent the facts about the law or legal process to the public, and for Mayor Kinsey, Cooksey, and others on the committee to encourage and allow this, is wrong.

Various City of Charlotte staff and Council/Mayor committee members have also tried to state that making changes to the CRB would require action from the State Legislature.  This does not appear to be true since the CRB is formed by City Ordinance (Ordinance Book 48, page 104, has Ordinance849 establishing the entire functioning of the CRB) .  City Council has the full power to change City Ordinance.  True, there is a state statute which addresses only the personnel records involved in the Board decisions.  There is no need for legislative action to cause a 2-year delay in action. 

The original establishment of CRB, in Ordinance 849, begins:
ORDINANCE NO. 849
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE
OF THE CITY OF CHARLOTTE BY THE ADDITION OF A
NEW ORDINANCE CREATING A CITIZENS REMEW BOARD.
WHEREAS, City Council finds that the citizens of the City of Charlotte
have an interest in ensuring the thoroughness and fairness of the Charlotte-Mecklenburg Police Department disciplinary process; and
WHEREAS, City Council finds that the City has broad authority to adopt
such an ordinance and that a Citizens Review Board Ordinance is consistent with the broad authority that the City has to execute the powers, duties, and privileges conferred upon it by Chapter 160A of the North Carolina General Statutes and confirmed by the Supreme Court of North Carolina in Homebuilders Association of Charlotte v. City of Charlotte, 336 NC 37 (1994); and
WHEREAS, City Council finds that under the authority of N.C.G.S. 160A- 168(c)(7), the City Manager may, with the concurrence of City Council, release information concerning the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee and the reasons for that personnel action provided that before releasing the information, the City Manager or Council shall determine in writing that the release is essential to maintaining public confidence in the administration of city services or to maintaining the level and quality of city services;

Note the reference to N.C.G.S. 160A- 168(c)(7) which does not only apply to CRB issues.

Another misleading item from the CRB Committee’s last presentation to the Council-Manager Relations committee—and to the public—was the statement the CRB would “Promote the availability of advocates who would assist citizens through the Internal Affairs investigative process and the CRB appeal process, including legal representation, if requested, from organizations such as the Mecklenburg County Bar Volunteer Lawyer Program” which was placed in an article from the October 27th Charlotte Observer article “Committee to vote on Citizens Review Board.”   
  
In reality, there’s currently no such Volunteer Lawyer Program in existence, and it was never available for direct citizen help.  While it would be nice, putting out such misinformation as another pipe dream concerning citizens’ rights in this situation is irresponsible at best.  Citizens should have guaranteed access to legal counsel, provided by the City, in order to be a fair process. 
CRB Board Members are not required to have any legal background or assured understanding of the law.  Even if they did, they should act as fair and impartial so the police officers would also receive fair hearings.  Police have taxpayer-funded free legal help from the City Attorneys, and from outside counsel hired at the discretion of city staff when they feel it’s necessary.  Citizens should have no less. 


When speaker Henry Gunn brought the topic back to CRB, he asked for “transparency and fairness for everybody, including the police officer and the citizen.”  He stated that he had been advocating for the open release of the Internal Affairs files—which is not currently happening—to the CRB Board.  See the detailed explanation contained within a proposed letter CRB Reform Now has supplied to send to council members, shown below.

Another big issue not covered by speakers on October 28th is why Charlotte’s CRB standard of review is excessively high, having produced NOT ONE RULING IN FAVOR OF A CITIZEN in its existence. 

Various City of Charlotte officials have tried to propagate the myth that it’s a very low standard, based on “preponderance of discretion” wording within the review.  However, that’s not the difficult part:  it’s the rest of the standard which is ridiculously high, “that the Chief of Police is guilty of an ABUSE OF DISCRETION.”  This standard is means a finding not based on the facts of the case, nor even error on the part of the Chief, but that he must have distinctly abused his discretion—that no reasonable chief would ever be able to come to the conclusion exonerating or failing to find any wrongdoing on the part of the officer—in order to move forward.  That fact, combined with the truth that the CRB may only ask for IA files, and have stated they are not allowed to see the whole investigative file, make the current Board completely ineffectual.

See the CRB Reform Now site excellent explanation of the standard of review: 

No other review board has a standard as high as Charlotte’s Citizens Review Board.  Our Board must ask: “whether, by a preponderance of the evidence, the chief of police abused his discretion.”  This “abuse of discretion” language forces the Board to go well beyond a simple “preponderance of the evidence” inquiry and requires them to practically accuse the Chief of Police of misconduct before finding in favor of a citizen.  Our Board’s “abuse of discretion” standard of review is unprecedented in any other similarly situated review board ordinance across the country. In fact, no other city, within the top 20 most populous cities in the United States, has a review board ordinance even containing the term "abuse of discretion.”

See the coalition group’s call to action posted here www.CRBreform.com :

Contact your Representatives
by E-mail and Mail as instructed below




Patsy Kinsey- pkinsey@charlottenc.gov
Patrick Cannon- mayorprotemcannon@gmail.com
David Howard- info@davidhowardclt.com
Claire Fallon- cfallon@charlottenc.gov
Beth Pickering- bpickering@charlottenc.gov
LaWana Mayfield- lmayfield@charlottenc.gov
Michael Barnes- barnesdistrict4@aol.com
Billy Maddalon- bmaddalon@charlottenc.gov
James Mitchell- jamesdistrict2@aol.com
John Autry- jautry@charlottenc.gov
Andy Dulin- adulin1@carolina.rr.com
Warren Cooksey- warren@warrencooksey.com


Dear Council Person:

Please ensure that any new Citizens Review Board law require that the Charlotte-Mecklenburg Police Department give the Citizens Review Board a copy of the applicable internal affairs file, in its entirety, at the very beginning of each new case the CRB reviews.  I have been following the progress of the Citizens Review Board issue and feel that this is the only way to currently guarantee that the CRB has all the facts before making a decision.

I understand that the Citizens Review Board presently has “access” to the internal affairs file and may therefore obtain internal affairs information upon request.  However, I believe that this is not enough.  Only allowing “access” perpetuates the risks that:

1)     The Citizens Review Board will not request relevant information because it is unaware of the information’s existence;
2)   Confusion will occur due to imperfect or misunderstood requests;
3)   The Citizens Review Board will run out of time to make a decision before obtaining relevant information;
4)   Internal affairs file information will not be distributed uniformly among different administrations of City Officials and Councils; and
5)   The Citizens Review Board will not have all the facts to make a fully educated and fully informed decision.

On the other hand, giving the Citizens Review Board the entire internal affairs file from the beginning will be a simple fix that promises to make the CRB process run more efficiently, by eliminating the time and expenses associated with retrievals of requested information. 

Citizens Review Board members undergo Citizens Academy training and sign confidentiality agreements before becoming members.  I trust their ability to manage confidential information and their judgment in making sound decisions, so long as they have all the facts.  Please ensure that they do have all the facts by requiring that the Charlotte-Mecklenburg Police Department give them the applicable internal affairs file, in its entirety, at the beginning of each new case they review.   

Sincerely,





DIVISION 2. CITIZENS REVIEW BOARDpermanent link to this piece of content


Sec. 16-56. Creation; composition; terms; compensation; appointments; vacancies; quorum; removal.permanent link to this piece of content
(a)  There is hereby established a citizens review board to be composed of 11 members: five members to be appointed by the city council, three members to be appointed by the mayor and three to be appointed by the city manager. The appointing authorities shall ensure that the members of the board are representative of the community.
(b)  Members must be continually domiciled within the county and must be registered to vote within the county.
(c)  Board members shall attend and successfully complete the Charlotte-Mecklenburg Police Department's Citizens' Academy and receive training on relevant legal and policy issues as required by the city manager. This training must be completed prior to any board appointee serving as a member of the board.
(d)  Individuals with a felony conviction or a class A1 misdemeanor conviction shall not be eligible to serve on theboard. In addition, individuals with a class 1 or class 2 misdemeanor conviction within three years of their nomination for appointment shall be ineligible to serve. Further, conviction of or a plea of nolo contendere to a felony, a class A1 misdemeanor, a class 1 misdemeanor, or a class 2 misdemeanor during the term of office shall automatically terminate membership on the board, irrespective of any appeals. Board members charged with a felony, a class A1 misdemeanor, a class 1 misdemeanor, or a class 2 misdemeanor during a term of office shall be automatically suspended until disposition of the charge, and a quorum shall be established from the remaining membership.
(e)  Prior to serving, each board member must sign a confidentiality agreement that is satisfactory to the city and which shall require that members maintain as confidential any information classified as confidential by state law or otherwise classified as confidential by the city.
(f)  The members shall serve staggered terms of office for three years, with no member serving more than two consecutive terms.
(g)  The board shall elect a chairperson and vice-chairperson from the membership.
(h)  When a vacancy occurs, the original appointing authority shall appoint a person to serve for the unexpired term of the vacant position.
(i)  Six members shall constitute a quorum in order to hold business meetings and hearings. Members are required to attend all business meetings and hearings in accordance with the attendance policies promulgated by the city council. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided in this section.
(j)  All members shall serve without compensation.
(k)  Members of the board shall be subject to removal from office by a two-thirds vote of the city council.
(Code 1985, § 16-34)
Sec. 16-57. Meetings.permanent link to this piece of content
(a)  The citizens review board shall hold regular meetings as scheduled by resolution of the board. The affirmative vote of a majority, a quorum being present, shall be required before any recommendation is made on any matter considered. A majority vote shall be required for any decision made by the board.
(b)  Special meetings may be called by the chairperson to carry out any duties described in section 16-58 by giving each member notice in writing, by providing personal notice, or by leaving notice at the member's residence not less than 72 hours prior to the time set for the meeting.
(Code 1985, § 16-35; Ord. No. 2344, § 1, 7-28-2003)
Sec. 16-58. Duties and responsibilities.permanent link to this piece of content
(a)  The citizens review board shall:
(1)  Serve as an advisory board to the chief of police, the city manager, and the city council.
(2)  Review appeals by the citizens who filed complaints of disciplinary dispositions imposed by the chief of police or his designee relating to allegations of misconduct against a sworn police officer. The board may hear appeals of complaints regarding alleged violations of the following rules: use of force, unbecoming conduct, and arrest, search and seizure. In addition, the disposition of the review of any discharge of a firearm by an officer which results in the death or injury of a person may be appealed to this board by the person injured or the next of kin if death occurs. When a death results and there is no next of kin, any member of the city council or the chairperson of the community relations committee may file an appeal pursuant to section 16-59. The disciplinary actions that may be reviewed shall include the findings of the chief of police that an allegation has been categorized as: sustained, not sustained, exonerated, or unfounded. The dispositions that may be reviewed for the discharge of firearms shall include: justified, not justified, or accidental. The board may review only appeals of citizen complaints arising from incidents that occur after the effective date of the ordinance from which this section derives. The board may not reviewappeals of decisions of the city manager or the civil service board.
(3)  Determine whether to hold an appeal hearing. The board may hold an appeal hearing only when it appears, based upon a preponderance of the evidence, that the disposition of the disciplinary charges entered by the chief of police constituted an abuse of discretion by the chief of police.
(4) Conduct appeal hearings, which include receiving and evaluating testimony and issuing findings of fact and recommendations to the chief of police and the city manager. The duty and power of the board is to conduct an appeal hearing and to determine whether, by a preponderance of the evidence, the chief of police abused his discretion by:
a. Finding in a disciplinary action that allegations were sustained, not sustained, exonerated or unfounded; or
b. Finding in connection with the discharge of a firearm that the officer's action was justified, not justified, or accidental.
(5)  As required by state law, maintain as confidential all personnel information to which the members gain access as a member of the board. In addition, board members shall be required to execute and adhere to a confidentiality agreement that is satisfactory to the city.
(b)  The citizens review board shall promulgate rules and regulations to effect its exercise of authority under this division and shall keep such rules and regulations on file with the city clerk.
(Code 1985, § 16-36)
Sec. 16-59. Appeal procedure.permanent link to this piece of content
(a)  Under this division, all complaints will be investigated by the police department. Upon completion of an investigation, the chief of police shall, consistent with state law, notify the complainant by certified letter of the disposition of the complaint. The complainant also shall be informed of his right to appeal the decision of the department to the citizens review board.
(b)  All appeals to the citizens review board must be filed in writing with the city clerk's office. The request must state the reason for the appeal and the nature of the incident. The citizen may seek the assistance of the community relations committee in drafting and filing his appeal. The citizen must file this appeal within seven calendar days of receiving written notice of the disposition of the complaint. The citizen must provide a valid current address for the purpose of all notifications required to be made pursuant to this division.
(c)  Upon receiving a request for an appeal hearing, the chairperson of the board shall direct the chief of police to prepare a summary of the case and forward the summary to the chairperson of the board. A meeting of the boardwill be held to discuss the request for appeal.
(Code 1985, § 16-37)
Sec. 16-60. Necessity for hearing.permanent link to this piece of content
(a)  Upon receiving a request for an appeals hearing, a meeting of the board will be held within 30 calendar days of the request.
(b)  In a public session, the chairperson shall indicate whether the board has decided to hold a hearing and, if so, shall announce the date, time and place of the hearing. The chairperson shall notify the complainant and other involved parties in writing of the decision and, if a hearing is to be held, also shall advise all parties in writing of the reasons for the decision to hold a hearing.
(Code 1985, § 16-38; Ord. No. 1779, § 1, 3-26-2001)
Sec. 16-61. Hearing procedures.permanent link to this piece of content
(a)  If the citizens review board decides to conduct a hearing, it shall be concluded within 30 calendar days of the date of the decision to hold an appeal hearing. Should the complainant or the department desire a hearing date other than that set by the board, the complainant or the department shall submit a written request for a change of the hearing date, stating the reason for the request. The chairperson shall approve or disapprove such request, provided that such request is received by the board at least seven calendar days prior to the date of the hearing. For good cause, the chairperson may continue the hearing from time to time, but all appeals must be concluded within 30 calendar days from the date of the decision to hold an appeal hearing. The hearing shall be conducted in a closed session, with at least six members of the board present.
(b)  All witnesses must testify under oath.
(c)  All of the proceedings before the board shall be recorded.
(d)  All parties involved shall have the right to be represented by counsel or any other person of their choice.
(e)  The complainant shall offer evidence first in support of his appeal. The department and officer shall have the right to cross examine the complainant and his witnesses. Thereafter, the department and officer shall have the right to offer evidence, and the complainant shall have the right to cross examine the department's and officer's witnesses. At the conclusion of all the evidence, the complainant or his representative, followed by the department and officer, may make a closing statement.
(f)  Members of the board may question witnesses or request additional information or further investigation at any point in the process.
(g)  Members who, in a particular case, have a conflict of interest shall not attend or participate in the hearing and decision-making process.
(h)  Within ten calendar days after the conclusion of the hearing, the board shall issue its written findings of fact to the chief of police and the city manager along with a recommendation. The findings of fact must be supported by a preponderance of the evidence and approved by a majority of the board who were present at the hearing.
(Code 1985, § 16-39)
Sec. 16-62. Action by chief of police and city manager.permanent link to this piece of content
(a)  The chief of police shall review the findings of fact of the citizens review board and any other information at his disposal. The chief of police shall take such action as he deems appropriate, consistent with state law and city policy. The chief of police will then, within seven calendar days of the receipt of the board's recommendations, report his decision to the city manager.
(b)  The city manager shall review the decision of the chief of police and, within seven calendar days of the receipt of the decision of the chief of police, take such action as he deems appropriate, consistent with state law, and shall advise the chief of police of any intended action.
(c)  The city manager shall notify all parties, including the citizens review board, of the decision of the city manager consistent with state law and city policy. The city manager also shall advise the city council of the outcome of the appeal. Notifications made under this subsection must be made within seven calendar days of the date that the decision of the city manager was initially communicated to the chief of police.
(Code 1985, § 16-40)
Sec. 16-63. City clerk's duties; meeting places; staff.permanent link to this piece of content
(a) Under this division the city clerk shall:
(1) Act as secretary to the citizens review board;
(2) Keep the minutes of its meetings;
(3) Be custodian of all papers and records pertaining to the business of the board; and
(4) Perform such other duties as the board may require.
(b) The city council shall provide sufficient and reasonable rooms and use of public buildings for meetings and hearings of the board as may be necessary.
(c) The city manager shall assign staff to support the functions of the citizens review board.
(Code 1985, § 16-41)
Sec. 16-64. Reports.permanent link to this piece of content
The citizens review board shall make a semiannual and an annual report of its actions for each preceding year. These reports shall be kept in the files of the board and a copy delivered to the chief of police, city manager, city council and the community relations committee.
(Code 1985, § 16-42)


Here is the complete text of the law allowing the CRB to review full personnel files:


GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION


S.L. 1997-305



The General Assembly of North Carolina enacts:

Section 1.  The first six sentences of Section 4.61 of the Charter of the City of Charlotte, being Chapter 713 of the 1965 Session Laws, as rewritten by Chapter 623 of the 1995 Session Laws, reads as rewritten:
"Sec. 4.61.  There is hereby continued a Civil Service Board for the City of Charlotte, to consist of five members, members and two alternates; three members and one alternate to be appointed by the City Council and two members and one alternate to be appointed by the Mayor. Each member shall serve for a term of three (3) years.  In case of a vacancy on the Board, the City Council or the Mayor, as the case may be, shall fill such vacancy for the unexpired term of said member.  For the purposes of establishing a quorum of the Board, any combination of Board members and alternates totaling three shall constitute a quorum. All board members and alternates shall attend regular meetings for the purposes of meeting attendance policy and familiarity with Board business and procedures.  Alternates shall attend hearings when needed due to scheduling conflicts of regular Board members and shall vote only when serving in the absence of a regular Board member. Attendance at meetings and continued service on the Board shall be governed by the attendance policies established by the City Council. Vacancies resulting from a member's failure to attend the required number of meetings or hearings shall be filled as provided herein."
Section 2.  Section 4.61(7)c. of the Charter of the City of Charlotte, being Chapter 713 of the 1965 Session Laws, as enacted by Chapter 449 of the 1979 Session Laws, reads as rewritten:
"c.      Appeal hearings.  Upon receipt of a citation for termination from either Chief or upon receipt of notice of appeal for a suspension from any Civil Service covered police officer or employee of the Fire or Police Department, or firefighter, the Board shall hold a hearing not less than 15 days nor more than 30 days from the date the notice of appeal, or the citation, is received by the Board, and shall promptly notify the officer of the hearing date. Termination hearings shall be held with a panel of five made up of any combination of available members or alternates, and suspension hearings shall be held with a panel of three made up of any combination of available members or alternates.  In the event an officer desires a hearing at a date other than that set by the Board within the period set forth above, such officer may file a written request for a change of hearing date setting forth the reasons for such request, and the Chairman of the Board is empowered to approve or disapprove such request; provided, that such request must be received by the Board at least seven days prior to the date set for the hearing.  For good cause, the Chairman of the Board may set a hearing date other than within the period set forth above, or may continue the hearing from time to time."
Section 3.  G.S. 160A-168(c) reads as rewritten:
"(c)     All information contained in a city employee's personnel file, other than the information made public by subsection (b) of this section, is confidential and shall be open to inspection only in the following instances:
(1)      The employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient.
(2)      A licensed physician designated in writing by the employee may examine the employee's medical record.
(3)      A city employee having supervisory authority over the employee may examine all material in the employee's personnel file.
(4)      By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court.
(5)      An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the official having custody of such records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution (of the employee), or for the purpose of assisting in an investigation of (the employee's) tax liability.  However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation.
(6)      An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release.
(7)      The city manager, with concurrence of the council, or, in cities not having a manager, the council may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee and the reasons for that personnel action.  Before releasing the information, the manager or council shall determine in writing that the release is essential to maintaining public confidence in the administration of city services or to maintaining the level and quality of city services.  This written determination shall be retained in the office of the manager or the city clerk, and is a record available for public inspection and shall become part of the employee's personnel file.
(8)      In order to facilitate citizen review of the police disciplinary process, the city manager or the chief of police, or their designees, may release the disposition of disciplinary charges against a police officer and the facts relied upon in determining the disposition to the person alleged to have been aggrieved by the officer's actions or to that person's survivor and to members of the citizens' review board.  Board members shall maintain as confidential all personnel information to which they gain access as a member of the Board.  Each member of the Board shall execute and adhere to a Confidentiality Agreement that is satisfactory to the City.  For purposes of this subdivision, the 'disposition of disciplinary charges' includes determinations that the charges are sustained, not sustained, unfounded, exonerated, classified as an information file, or classified as any other disciplinary disposition category subsequently adopted by the Charlotte-Mecklenburg Police Department.  In the event that the citizens' review board hears an appeal of a police disciplinary case, the disposition of the case, as defined in this subdivision, as well as the facts and circumstances of the case, may be released by the city manager or the chief of police, or their designees, to any person whose presence is necessary to the appeals hearing as determined by the chief of police or his designee.
(9)      That portion of a video or audio tape produced by a mobile video recorder (MVR) in a police department vehicle which recorded an event resulting in a citizen complaint against a police officer may be reviewed by the person alleged to have been aggrieved by the officer's actions."
Section 4.  This act applies only to the City of Charlotte.
Section 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 17th day of July, 1997.
s/   Dennis A. Wicker
President of the Senate

s/   Harold J. Brubaker
Speaker of the House of Representatives



Here is a link and the text of the CRB Agenda item for tomorrow night:

2. Citizens Review Board Briefing
Committee Chair: Warren Cooksey

Resources: Ron Carlee, City Manager’s Office
Eric Campbell, City Manager’s Office
 Bob Hagemann, City Attorney’s Office
 Chief Rodney Monroe, Police
 Willie Ratchford, City Manager’s Office

Time: 45 minutes

Synopsis
 On April 1, 2013, the City Council requested that the Council-Manager Relations
Committee review the current Citizens Review Board ordinance. As a part of that
review, a task force including members of the Charlotte-Mecklenburg Community
Relations Committee and the Citizens Review Board formed to gather feedback
from the community regarding the Citizens Review Board process.
 On September 23, 2013, the Citizens Review Board Task Force reported its
findings and recommendations, and the Council-Manager Relations Committee
requested the City Manager’s review. The ordinance amendment is drawn from a
review of the task force report and the full record related to their work. The City
Manager’ recommendation was developed in consultation with the Attorney’s
Office, Charlotte-Mecklenburg Police Department, Community Relations staff, and
others.
 The Council-Manager Relations Committee voted unanimously (Cooksey, Howard,
and Mitchell) to approve the task force recommendations at their September 23,
2013 meeting.
 The recommended changes are based on the important concept that the Citizens
Review Board appeal process is and should remain an administrative review of
personnel decisions made by the Chief of Police; this is consistent with a
recommendation of the task force that the Citizens Review Board maintain its
appellate structure. Other proceedings, civil, or criminal litigation as well as the
Civil Service Board remain available to the public and to police officers.
 In addition to the substantive proposed amendments, other changes are set forth
in the proposed draft ordinance, which is intended to enhance the procedural
operations of the Citizens Review Board consistent with task force




Bonus note:  City Clerk Stephanie Kelly is now only one month behind publishing the City Council Agendas.  This is a big improvement over the 4 month lag which has plagued the site.  However, it’s still not acceptable.  





Saturday, October 12, 2013

MALALA YOUSAFZAI, Nobel Peace Prize Nominee Interview

In a controversial decision, youngest Nobel Peace Prize nominee Malala Yousafzai did not win the prize today.  However, she has won support and hearts across the world.

Watch a little more of this awe-inspiring girl's story in this interview with Jon Stewart of The Daily Show from October 8, 2013:






Tuesday, October 8, 2013

Inspiring Child Hero, Nobel Peace Prize Nominee: Malala

Watching this young girl speak, her age dissolves into the dignity and wisdom of her words.
  
Once you realize she has endured being shot in the head for simply riding a school bus, trying to get an education, and speaking of the rights of girls to be educated, the power of her words is even more beautiful.

Malala put such fear in the hearts of the Pakistani Taliban that they hunted her down, boarded her school bus, and shot this beautiful child in the head in front of her classmates, leaving her to die.

But she did not die.

She had been keeping a journal of Taliban abuses, so Taliban spokesman call her an aid to the “infidels” and enemy of Islam, thus saying they will target her for death again and again.

She speaks of a place with schools as a “paradise on earth.” 

ABC’s Diane Sawyer has done several interviews with Malala.  One of them is


with the story By TERI WHITCRAFT and MURIEL PEARSON | ABC News – Mon, Oct 7, 2013 12:54 AM EDT below:
A year ago this week 15-year-old Malala Yousafzai was brutally attacked on her way home from school -- shot in the head at point-blank range by the Taliban.
One year later, the shot heard round the world has given birth to a movement of change -- a movement to educate girls, and the little girl from Swat Valley in Pakistan has become an international symbol of courage and hope.
"In some parts of the world, students are going to school every day. It's their normal life," Malala told Diane Sawyer in an exclusive interview for ABC News. "But in other part of the world, we are starving for education ... it's like a precious gift. It's like a diamond."
A diamond she was willing to risk her life for.
Malala was 11 years old when the Taliban came to her hometown in Swat Valley in northwest Pakistan. Suddenly fear was everywhere. The town's public square was nicknamed "Slaughter Square" because of all the beheadings and corpses. Women were publicly flogged. And Malala's own father was targeted for death because he spoke out against the Taliban and for educating girls.
"At night when I used to sleep, I was thinking all the time that shall I put a knife under my pillow," Malala told Sawyer. "The time was of fear, but some people can overcome fear and some people can fight fear."
And while others cowered in fear, Malala -- named for a famous Afghan woman warrior -- was filled with courage. When the Taliban issued an edict banning all girls from going to school, she spoke up when no one else would. She blogged about the Taliban attacks on schools for the BBC, and even appeared in a New York Times documentary, saying defiantly: "They cannot stop me. I will get my education -- if it is in home, school, or anyplace."
Even though she knew there had been threats made against her, she says she never expected the Taliban to harm a young girl. But she did rehearse in her own mind what she would do if attacked.
"It was always my desire before the attack that if a man comes ... I would tell that man that education is very important," Malala told Sawyer. "I will tell that man that I even want education for your daughter."
"And you think that would work against a gun?" Sawyer asked.
"I thought that words and books and pens are more powerful than guns," Malala answered.
And on Oct. 9, as she and her friends were singing on the way home, playing the sides of her school bus like a drum, she never imagined that the young man who boarded the bus and asked "Who is Malala?" was an assassin sent by the Taliban to kill her.
"On the day when I was shot, all of my friends' faces were covered, except mine," Malala said.
"It was brave, but was it wise?" Sawyer asked Malala.
Malala answered: "At that time, I was not worried about myself. I wanted to live my life as I want. "
She doesn't remember the man pointing his Colt .45 and firing three bullets at point blank range, but her best friend told her: "You said nothing and you were just for -- you were just holding my hand and you just squeezed my hand, like you were just forcing it. And you said nothing."
Bleeding heavily, unconscious, Malala was rushed to a local clinic, then to a hospital where a military surgeon saved her life by removing part of her skull as her brain began to swell. She was transported to a military hospital, and then days later airlifted to England. She calls it her "seven days of coma dreams."
"At the time, I was -- thinking that am I dead or am I alive?" Malala said. "If I am dead, I shall be like -- in a graveyard. And then but I said, like, you are not dead. You can talk to yourself. How can you be dead? Then I said, 'You are alive.'… just hope. One day you will wake up."
Today, after numerous surgeries and intensive physiotherapy, Malala is attending school in Birmingham, England, and says she is "totally recovered." She says she loves music, drama and physics -- and remains extremely competitive.
"Still I want to be the number one," Malala said. "And -- I want to be the number one in every field."
In the past few months Malala has been honored by human rights organizations around the world, yet she says she's a bit embarrassed by all the attention.
"I'm feeling that I'm just getting older," she told Sawyer. "I'm 16 now. No one is accepting me as a child."
Still, Malala is eager to do magic tricks and card games with Sawyer, even showing off her special talent.
"I'm double-jointed because I can do this with my hands, see?" she exclaimed, bending her fingers back almost double. She asked Sawyer if she was double jointed too, and then admonished her: "Why don't you practice?"
She also told Sawyer that she misses her friends and her home in the Swat Valley -- "paradise on earth" she called it. She said she wants to return to Swat, and said she's been reading "The Wizard of Oz."
"Yes, there's no place like home. And I believe it," she said. "If you go anywhere, even paradise, you will miss your home. And I do miss my home."
"But won't it always be too dangerous?" Sawyer asks.
"I think life is always dangerous," Malala said. "Some people get afraid of it. Some people don't go forward. But some people, if they want to achieve their goal, they have to go. They have to move. ... We have seen the barbaric situation of the 21st century in Swat. So why should I be afraid now?"
"Do you know how close you came to death?" Sawyer asked.
"I think death didn't want to kill me. And God was with me," Malala said. "And the people prayed for me… And now I know that you must not be afraid of death. And you must move forward. You must go forward, because education and peace is very important. "
You can see Diane Sawyer's exclusive interview with Malala Yousafzai on ABC's "Good Morning America" at 7 a.m. ET, and on "World News with Diane Sawyer" at 6:30 p.m. ET on Monday, Oct. 7. Don't miss a special primetime hour on Malala, "Unbreakable," airing on "20/20," Friday at 10 p.m. ET.


Is there any way to convey to American children how important education is?  How lucky they are to be able to go to school and receive an education in safety?  Their absolute privilege and duty to go to school every day rested and prepared with homework complete, respectful of teachers and other students (and themselves), and learn everything they are able to learn?

Maybe a good place to start is having them watch this video.  Watch the more extensive programming listed above.  And do some reading and talking together about peace and responsibility.

Friday, August 30, 2013

ROMARE BEARDEN PARK OPENS FRIDAY

The Romare Bearden Park will be opening with a Grand Opening ceremony at 4 p.m. Friday, August 30th, 2013 at the park at 300 S. Church Street, Charlotte, NC  282802. 

Photo Credit from Biography.com


Click HERE FOR A MAP showing the downtown park location and parking locations.

Click HERE FOR A COMPLETE LIST OF EVENTS beginning Friday at 4 p.m. and continuing through the weekend.  

It includes opening ceremonies, live music, fitness instruction, free admission and Romare Bearden-focused tours at the Mint Museum Uptown (shown as “Bechtler/Knight/Mint/Duke Center” on the map, across from the Gantt Center.  Each are two blocks south of the new park) at special times, puppet shows and other events.


HERE IS AN EXCELLENT BLOG POST already written with collected history and images of Romare Bearden, artist born in Charlotte, who studied abroad and lived much of his life in Harlem, NY.  His work is widely celebrated and he is known in our city as Charlotte’s native son.



Monday, August 19, 2013

CHANGES TO CHARLOTTE'S CRIME MAPPING SYSTEM

Spotcrime.com is a company that sends out free crime alerts, customized to whatever area is requested.  They sent out an email today to Charlotte area residents about the decision to convert Charlotte Mecklenburg Police Department’s crime data from the difficult-to-use public data system to a private system the city (we) will pay for.  Citynewswatch will be on the lookout for information about any purported cost savings and welcomes input from the CMPD, as always. 

For years, citizens have noted and complained about the disappearing data from the CMPD site.  This is separate from the concern than not being user-friendly.  So a newer, easier-to-use system won’t help the missing and possibly inaccurate data problem.  In fact, Spotcrime.com contends it will cause a bigger transparency problem.  Here is the content of the email they sent (with emphasis added):

spotcrime.​com (system@spotcrime.com)
Earlier this month, the Charlotte Mecklenburg PD decided to privatize your crime data.

What this means is the information about crime which occurs in your community is now regulated by an outside vendor called crimemapping.com. Crime Mapping, a company based in California, now has control over of how, when, and if you will have access to crime affecting your neighborhood. 

And the irony is, you're paying them to control it and limit your access.

I wish there was a less painful way to describe it, but the truth is you pay to fund a police department, they collect information, they pay the vendor crimemapping to take it, and the community is left holding the bag.

Six years ago, Charlotte was on the forefront of being transparent with its data. But, as technology has gotten much less expensive and the demand for transparency increased, the Charlotte Mecklenburg PD has elected to move backwards. 


The paid vendor has specifically objected to SpotCrime providing you crime data in alert format. And,  the Charlotte Mecklenburg PD has expressed the need to "control" the data to the public by using a proprietary vendor. This type of control may be an effective way of limiting crime information and the perception of crime, but it is by no means in the spirit of this democracy. 

In the six years that SpotCrime has been mapping crime data in Charlotte, we have sent over 3 million SpotCrime alerts to Charlotte area residents at no cost to the department or the public. In that time, we have never received any criticism from Charlotte Mecklenburg PD. 

Thankfully, most cities in the US are moving to an open source unrestricted method of delivering crime data to the public. I implore you to reach out to Chief Monroe, your elected officials, and your governor. Ask them to make the crime data available for anyone to use.

Chief Monroe
Phone: 704-336-2337
Feedback form: http://bit.ly/1eXR2bk

City Manager Ron Carlee
Phone: 704-336-2241
Email: rcarlee@charlottenc.gov

Governor Pat McCrory
Phone: 919-814-2000
Email: http://bit.ly/1d0vLRx

We are all in this fight together, and there is no reason why everyone should not have equal access to this crime data. Why would any police agency take steps to limit how the public shares information and how the press reports on crime data?

Sincerely,

Colin Drane
Founder
SpotCrime.com
877.410.1607
ReportSee Inc., 300 E Lombard St., Suite 840, Baltimore, MD 21202

Any questions about the process of Spotcrime.com, signing up for free crime alert subscriptions, what changes will affect their reporting, etc… can be directed to Spotcrime at the contacts they provide freely. 

All feedback is welcome.  Many Charlotte residents are still looking for the Significant Event Logs and other public information Chief Rodney Monroe removed from Charmeck.org with promises in August, 2010 to have it back up in the near future.
See these other related prior blog posts, too:





Tuesday, August 13, 2013

Missing Girls from Our Area


UPDATE:  Thanks to WCNC's Dianne Gallagher for pointing out that Tayviona Vandiver was located after two weeks.  Her name didn't come up in a search before posting this story except for the Charlotte Observer/WCNC partner link posted August 5 which shows her as "still missing" as of August 14.  It seems WCNC didn't tell the Observer, either.   Apologies for the error but so happy to know she is safe.  See the story at WCNC.com direct story here:



The Charlotte Observer is reporting about Rowan County only recently reported missing by her brother, even though authorities now say she’s been gone since 2011.  The full story can be found here, with excerpts shown below:


Police: Missing girl’s parents are being uncooperative

Investigators searching for a missing Rowan County teenager say nothing the girl’s adoptive parents told them during two days’ worth of questioning was true, and the family is not being cooperative.

Erica Parsons’ older brother reported her missing last week. It appears the last time people at the family home on Miller Chapel Road in Salisbury saw her was November 2011.

No one knows where Erica Lynn Parsons is, or who she left with in 2011

What isn’t in the Observer story but has been reported in other media is that both the maternal grandmothers have been dead since years prior to the time frame the adoptive parents claim Erica went to live with her grandmother, driven away with some unknown person.


WBTV reported tonight on the one week delay between the missing persons report and posting Erica’s information on the Center for Missing and Exploited Children’s site (http://www.missingkids.com).  What they didn’t report and what is notable is that another young girl from our area is also missing, but not on the site either: 
The full story from the Charlotte Observer on Monday, Aug. 05, 2013 is here:

A 12-year-old Charlotte girl is still missing.

Tayviona Vandiver was last seen at her house on Cold Water Lane on July 23.
She is 5-foot-5 and 110 pounds. She is black and has black hair, and police say she may need medical attention.

Officers say Vandiver has run away before, but never for this length of time. She is known to frequent the Redman Road area near the Forest Ridge and East Walk apartment complexes.

Anyone with information should call 911.

EXTRA TELEVISION COVERAGE FOR TAYVIONA?
Tayviona is not listed on the Missing Kids site.  She hasn’t been reported as found.  She is likely not the only child from our area who isn’t safely at home.  Please watch for her as well. 
Please talk to your children about their own safety and about how to help their friends—that they should “tell on” their friends to keep them safe.  If there are secrets too big for kids to handle, go get the right adult to help.  And keep trying until everyone is somewhere safe. 

Meanwhile, look for these two girls to bring them home, and make sure if you see them you tell them they are loved and people are only interested in having them home safe:

Photo Credit:  Charlotte Observer
TAYVIONA VANDIVER, Age 12, current picture, 5' 5"
Missing from CHARLOTTE

Photo Credit: Charlotte Observer
ERICA LYNN PARSONS
Photo from 2011
Missing from ROWAN COUNTY


SAFETY INFORMATION
There are a number of sites with good resources for having conversations with your kids.  One specific list comes from the www.missingkids.com site (see www.take25.org/FamilyResources ) and could make a big difference.  Remember, it’s not just one conversation.  Of course, nobody wants to scare kids, but we do want to prepare kids:

Child safety is a serious subject, but that doesn’t mean you can’t have an enjoyable time talking about it with children. Sing songs, tell stories, play games, and interact with kids in a way that makes them feel safer. Consider the following topics as you begin the conversation.
  • Teach children their full names, address, and home telephone number
  • Make sure they know your full name
  • Make sure children know how to reach you at work or on your cell phone
  • Teach children how and when to use 911 and make sure children have a trusted adult to call if they’re scared or have an emergency
  • Instruct children to keep the door locked and not to open the door to talk to anyone when they are home alone 
  • Set rules with children about having visitors over when you’re not home and how to answer the telephone
See the same site to click on links for:
  • ·       Conversation Starters
  • ·       Safety Tips
  • ·       Child ID kit
  • ·       Emergency Contact for Parents
  • ·       Bookmark (Nat’l. Center’s rules of safety)
  • ·       Series of Mini Lessons
  • ·       Activity Lessons
  • ·       Parent Presentation


With the excitement of a new school season starting and everyday pressures, it’s a good time to review and teach your kids.



Monday, August 5, 2013

CharMeck.org Could Use Some Updates

WELL, THIS IS EMBARRASSING…
It’s unclear who was responsible to update the bio page for new District 1 City Council Representative Billy Dal Maddalon, but when Citynewswatch went to check it out and update Council Contact Information for this site, something stood out.  It was on the page as of 8/5/2013.  See if you spot the error, shown in bright red.  Someone’s face in the government center may also be bright red.  Here is the full link:

Charlotte > City Council > Meet the Council > District 1 Billy Maddalon

Billy Dal Maddalon, District 1 Representative
Billy Dal Maddalon, a Democrat, represents District 1 on Charlotte City Council. He was appointed to fill the unexpired term of Patsy Kinsey after she was selected to replace Mayor Patrick McCrory following his election as Governor. 

Maddalon has been active in community organizations, serving on the Board of Directors and Executive Committee of the Charlotte Convention and Visitors Bureau from 1999 to 2004 and the Board of Directors of the Charlotte Regional Visitors Authority and Chair of its Strategic Planning Committee from 2004 to 2005. He was the Charlotte Chamber of Commerce 1998 Entrepreneur of the Year, one of the Charlotte Business Journal’s “40 under 40” most influential persons in Charlotte, and the Impact Fund, Class of 2000, of the Foundation For The Carolinas. He has also served on the Central Carolinas Voices and Choices Environmental Coalition’s land use action team and the Board of Visitors and the Board of Directors of the Alexander Youth Network. He was a member of the North Carolina State University Foundation Board from 2006 to 2008, served on the Board of Advisors of the North Carolina State University College of Humanities from 1998 to 2004 and as its president from 2004 to 2005. He was President of the North Carolina State Alumni Association from 2006 to 2008.

He received bachelors’ degrees in political science and public relations from North Carolina State University.

Maddalon is founder and managing owner of Unique Southern Estates, a boutique hospitality company that operates The Morehead Inn/Van Landingham Estate/Good Gracious Events.  

Maddalon lives in Charlotte.​
​

OOPS!
Editorial Note:  While Governor McCrory did move on from Mayor of Charlotte, that was several years ago and is unrelated to the appointment of Kinsey.  The bio should reflect that Mayor Anthony Foxx left his position to be appointed Secretary of Transportation.  After that vacancy developed, now-Mayor Kinsey was appointed to her current position. 
No contact information is given yet for Maddalon, but Citynewswatch will continue to look for an update.


CITY COUNCIL MEETING MINUTES

City Council Minutes are still not up to date.  They are just over two months delayed with random missing meetings prior to those two months.  This is an improvement to the four or more months’ consistent backlog which stood a long time, but still not acceptable.