[bouldercouncilhotline] Hotline: The Elk Shooting on Mapleton Hill - Questions for Tuesday night

[cmosupport at bouldercolorado.gov]

Sender: Cowles, Macon

Many people have pointed out that where an elk is shot within the City limits and out of season and the animal is removed without a tag from the DNR, that these facts raise an inference of probable cause that one or more crimes were committed, and that with such an inference, non-police actors would likely be arrested and charged. So people want to know why, when the actors are police officers, the Police Department follows a different procedure. This question is fundamental, and it is at the root of much of the public comment about the incident.
 
People have pointedly asked me why the City Council is not weighing in on this matter. I respond that City Council is barred by Charter Section 13 from directing, suggesting or interfering in any way with respect to employees of the City, including Police officers, and the way in which they perform their jobs. That matter is the responsibility of the City Manager.
 
Like other members of the public, though, I have specific questions that I hope will be addressed on Tuesday evening when this issue is discussed by the Police Chief, the City Manager and the City Attorney. Here are my questions:
 
1.              What contract, ordinance, policy or procedure makes these facts a matter for internal investigations rather than the normal procedure that would be followed with non-police actors?
 
2.              Where there is an allegation of criminal conduct, what does the police union’s contract with the City have to say about the rights of police officers, the investigation and the filing of charges where warranted?
 
a.     Are there other laws or policies that set forth what procedure will be followed where there is an allegation of criminal conduct by a police officer?
 
3.              Where there is an allegation of not following procedure in connection with the discharge of a firearm while on duty, what does the police union’s contract with the City have to say about the rights of police officers, the investigation and the filing of charges where warranted?
 
a.     Are there other laws or policies that set forth what procedure will be followed with respect to an alleged failure to follow procedure by a police officer?
 
4.              What criteria are used to determine whether and when an officer will be placed on administrative leave? What criteria determine whether administrative leave will be with or without pay?
 
5.              Is a police officer entitled to the same contractual and procedural protections for the investigation of an allegedly unlawful act regardless of whether the acts were committed while on duty, or off duty?
 
6.              The City mentioned last week that a review board composed of police and civilians will review the case, the investigation and recommendations after the investigation is reviewed by the Chief of Police. How is that review board constituted, who serves on it, and what is the jurisdiction and power of the review board?
 
7.              How long will the internal investigations take to complete? What is the purpose of the internal investigation? Who performs the internal investigation? Will a report of the investigation and any recommendations be made public? What public input is allowed, if any, in this process?
 
8.              What can the community do to build better relationships with Police Officers to minimize the possibility of a recurrence of something like this?