Charter Change Committee Meeting Recessed from September 30, 2020

October 20, 2020

Remote Meeting on Zoom

DRAFT Minutes

 

Committee Members Present: Joan Shannon, Chair; Perri Freeman; Jane Stromberg

 

Staff and Other Presenters: Eileen Blackwood, City Attorney.

 

The meeting was called to order at 5:31 pm.

 

1.01 Agenda. Add 3.04 Next meeting.  Agenda moved by Stromberg, second by Freeman; unanimously adopted.

 

2.01. Minutes. Approval of the minutes of Sept. 30 moved by Freeman, second by Stromberg; unanimously adopted.

 

3.01 Review of different police discipline oversight options.  The City Attorney reviewed examples of discipline oversight models, and the Committee members commented on options.

 

Freeman asked if the City Attorney would do a modified memo that includes specific components.  She believes the main points are—independent (investigative model), final disciplinary authority, sufficiently resourced, have staff and office (similar to Madison, WI), disconnected from law enforcement, subpoena power, power over hiring and firing.  She is looking for a new memo that highlights the public testimony and then the Committee would have that to review.  It could then deliberate based on the new memo and vote on particulars. It may take two meetings to do that.  She asked that the City Attorney draft the memo with the components she would advocate for and ACLU is advocating for.

 

Shannon’s concern about the Madison model is that Burlington used to have a commission form of government, and we moved away from that in 2001.  The commissions had authority to hire/fire the director, and this created a lot of challenges under Sanders and Clavelle because of lack of accountability with appointed body.

 

Stromberg agreed that we shouldn’t take everything from Madison.  This is the Burlington model. 

 

Shannon noted that our task is who the body should be, who should appoint, etc.

 

Stromberg liked the idea of appointing by wards. 

 

Freeman said either review this at the next meeting or the one after.  This would be recommending new powers and responsibilities for the Commission. 

 

Shannon asked are we agreed about one body?  Freeman said she is not sure.  Or do we want this split into different bodies? Stromberg asked can we leave it open?  We need more compiled information—take components and then can review. 

 

Freeman: It doesn’t matter if it is the same body or new board, but what people are asking for is to gut and transform it. 

 

Shannon: What’s the size of the body? Are we allowing interested groups to nominate? Is it an elected process?

 

Stromberg: The most important thing is the powers the body has—community control.

 

Shannon: Reiterated that the Committee has been tasked with determining “who” should be deciding police discipline matters per the Resolution. Asks City Attorney to take the work that’s been done and put into spread sheet

How many on the committee

How are they appointed

What are the buckets from which the committee is selected

Who and how are members appointed/elected

Then we can take examples we have and morph into something that works for Burlington.

 

Shannon: If we look at the various options of configuration, then we can go through what we like or don’t like about those components of who is deciding.

 

Freeman: Also wants the memo to include information about the powers and duties of the body.  No conflict with connections to law enforcement.  It should have investigatory powers.  The memo should include the comments of people who testified. 

 

Stromberg: Want the information laid out formally.

 

Shannon: Wants also to see how many people, are they paid, etc. in a graph form and include the comments of the ACLU.

 

Freeman: Then we will review it at the next meeting—essentially, a draft model to deliberate on. I have some language for a Charter Change for the Committee to deliberate.  Will email to committee within 24 hours.  Then we can compare side by side.

 

The City attorney agreed to do as requested and have it to the Committee for its next meeting on Thurs. the 29^th at 5:30 pm.

 

3.02 Public Forum. The following individuals spoke at public forum:

 

            Gene Bergman

            Ashley LaPorte

            Tyler Pastorok

            Kimberly Chadwell

            Grace Pfeil

            William Dunkley

            Jess LaPorte

            Lilla Fortunoff

            Grace Horelick

            Marcia Johnson

            Christie Delphia

            Tom Proctor

            Emily Reynolds

            Erica Victoria

 

3.03 Charter Change Language.  Freeman: Had mostly looked at Article 65 and thought that was where it would be.

 

3.04 Next Meeting. Will be 10/29 to continue to discuss these issues.  Maybe also still reviewing on 11/4 (following meeting).  Stromberg started to move to have the next agenda to include deliberation and vote on just cause eviction as the first item on 10/29.  Shannon objected that the Committee had just decided to continue the police topics to 10/29.  Freeman said it was okay to discuss evictions on 11/4.  Stromberg then moved to have the 11/4 agenda include an action item to deliberate and vote on the just cause evictions as the first item.  Freeman seconded.  Unanimous.

 

4.01 Adjournment.  As there was no other business on the agenda, the meeting was adjourned.