Chairperson Vice-Chair

DETROIT BOARD OF POLICE COMMISSIONERS Minutes of the Board of Police Commissioners Meeting Thursday, June 23, 2011 1. CALL TO ORDER: Commission Chair Jerome L. Warfield called to order a regularly scheduled meeting of the Detroit Board of Police Commissioners (Board), held at 1300 Beaubien, room #328-A, Detroit, MI, on Thursday, June 23, 2011. Councilman (Reverend) Andre Spivey gave the invocation. ATTENDANCE/ROLL CALL: Chairman Warfield, in the chair, and Mr. George N. Anthony as secretary, opened the meeting at 3:05 p.m. Present: Absent: Commissioners Adela Rivera, Toney Stewart and Donnell White n/a

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The presence of four (4) commissioners established a quorum. 3. INTRODUCTION OF ASSISTANT POLICE CHIEF CHESTER LOGAN

4 & 5 INTRODUCTION OF STAFF/RECORDERS: Secretary Anthony introduced the Board staff and recorders. Staff: Ms. Celia Banks-Washington, Attorney for the Board; Supervising Investigator Curtis Staples, Office of the Chief Investigator (OCI); Ms. Yolonda Caudle, Community Affairs Coordinator; and Mr. Robert Brown, Office Manager. Recorders: Officer Terence Bell, and Ms. Wendy Boer, Court Reporter (Hansons). 6. APPROVAL OF AGENDA: On motion by Commissioner Rivera the Board unanimously approved the meeting agenda. 7. APPROVAL OF MINUTES: On motion by Commissioner Rivera the Board unanimously approved the following meeting minutes:

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Thursday, June 16, 2011

BOARD OFFICERS REPORT: Secretarys Report - Secretary Anthony informed the Board of a request for a closed door session to hear the Chiefs suspension without pay (SWOP) recommendation for Sergeant Malkia Miller, Badge S-917. Secretary Anthony also reported on the citizen complaints reports (CCR) received by OCI for May 2011 as follows:
2011 (2010) %
50% decrease 15% decrease n/a n/a n/a 48% 9% 7% 7% 34% 31% 17% 11%

Complaints Received (May) Complaints Received (YTD) Active Investigations (YTD) Cases filed (YTD) Cases closed (YTD) Commands/officers receiving complaints (May 2011) Allegations (May 2011)

most

107 (212) 586 (687) 334 586 761 Unknown Southwestern 12th Precinct Eastern Procedure Demeanor Service Use of Force

Chairman Warfield indicated that he was happy that the number of CCRs is down and that he hopes the citizens rights are being protected. It was also noted that some towers are experiencing unnecessary delays in processing paperwork. The Chair asked for a meeting with representatives from the Departments Management Services Bureau and the Citys Zoning Department. Councilman Spivey was then invited to the podium to address his concerns. The Councilman indicated that he receives lawsuit settlement information from the Law Department in his capacity as vice chair of City Councils Internal Operations Committee. He expressed his concern that the actions of a handful of police officers have been responsible for large settlements with plaintiffs and their attorneys. He hoped that for the upcoming fiscal year, the Department would exercise sufficient risk management follow-through to minimize the excessive payouts. He also indicated that training, coupled with a risk management system, could diminish or eliminate these civil actions. It was noted that the Board did not have the ability to fire officers but that it had begun to flag repeat offenders. 9. REPORT/PRESENTATION: None.

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STANDING COMMITTEE REPORTS: None NEW BUSINESS: At this point, the Board took up the matter of Sergeant Malkia Miller, Badge S197.

CLOSED SESSION: Secretary Anthony indicated that the Board had received a request to convene a closed door session under the Open Meetings Act for personnel matters. Secretary Anthony then read the following into the record: As a public body, your meetings are subject to the Open Meetings Act (OMA). The OMA defines a meeting as the convening of a public body at which a quorum is present for the purpose of deliberating towards or rendering a decision on a public policy. MCL 15.262(b). The OMA, however, does allow a public body to call a closed session one limited to the public body and its invitees for specific purposes. Only deliberations may be conducted in closed session; all decisions must be made at a meeting open to the public. While in the closed session, the Board makes no decisions. That must be done on the record. On Thursday, June 23, 2011, you will be presented with the suspension without pay (SWOP) recommendation for Sergeant Malkia Miller, Badge S-197. Through her representative, LSA Attorney Fred Walker, she has requested a closed session for the purpose of contesting the SWOP recommendation. The closed session will be called pursuant to MCL 15.268(a) of the OMA, which states in part: Section 8(a). Personnel Matters. A public body may meet in a closed session to consider the suspension of or hear charges brought against an employee. (A simple majority vote quorum/three - is required to close a session for this purpose.) At approximately 3:23 p.m., on motion by Commissioner Rivera, the Board unanimously approved meeting in closed session to consider personnel matters. At approximately 4:10 p.m., on motion by Commissioner Rivera, the Board unanimously approved returning from closed session and reconvening the public meeting. Chief Ralph L. Godbee replaced Assistant Chief Logan at this point. The Board voted on the following SWOP recommendation:

Sergeant Miller Commissioners Warfield, Rivera and Stewart contravened Chief Godbees recommendation Sergeant Miller will continue to receive her pay while on suspension. 12. OLD BUSINESS: On motion by Commissioner White the Board unanimously approved the following Department Directive: o Directive 102.8: Internet Usage/Web Pages/Social Networking At approximately 4:15 p.m., Commissioner White retired from the meeting. The Board retained a quorum of three (3) commissioners. 13. ANNOUNCEMENTS: Chairman Warfield announced that the next regularly scheduled meeting of the Board will be Thursday, June 30, 2011 at 3:00 p.m., at Police Headquarters, 1300 Beaubien #328-A, Detroit, MI 48226. The following two (2) announcements were also made: o That the Board would hold its annual election of officers at next weeks meeting; and o That the police graduation would be held on held on Friday, June 24, at 11:00 a.m., at 2nd Ebenezer Baptist Church. 14. ORAL COMMUNICATIONS FROM THE AUDIENCE: Ms. Yolanda McCants (NED) cited rumors she has heard indicating that community relations officers may be taken out of the precincts/districts and reassigned to patrol. Chief Godbee responded that he could not assure her that reassignment would not happen based on budget concerns. He added that he continues to evaluate the use of his officers in light of budget constraints.

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ADJOURNMENT: On motion by Commissioner Rivera the Board unanimously approved adjourning the meeting at 4:20 p.m.

GEORGE N. ANTHONY Secretary to the Board Approved: _________________