Board of Police Commissioners, 4/3/2025 part 2

    10:00PM Apr 3, 2025

    Speakers:

    Commissioner Bernard

    Chairperson QuanTez Pressley

    Keywords:

    Board of Police Commissioners

    administrative leave

    closed session

    disqualified applicant

    Chief Investigator

    standard operating procedures

    senior investigator

    supervising investigator

    task workers

    duty to intervene

    excessive force

    biased policing

    performance evaluation

    hiring process

    legal ramifications.

    File to roll. Commissioner woods, present Commissioner Smith, present Commissioner Commissioner banks, present Commissioner Bill, Commissioner Burton, present Commissioner Carter, Commissioner Moore is excused. Commissioner Hernandez is excused. Commissioner Presley Here. Commissioner Demar de Walsh is excused a present, sir. Okay,

    sure. Yes, sir. I move that we enter into closed session pursuant to section eight A, the Open Meetings Act MCL 15.268, A, the department's request for the board to consider administrative leave without paper, with medical benefits for police officer Tyus Monroe, badge 813,

    motion made, go back to closed session by Commissioner Presley, supported by Commissioner Carly. Any discussion? All in favor? Say, aye. Anyone opposed? Motion carried, this is a one minute recess. You're gonna be doing a lot of this recording stuff. Thank You.

    It is 449, April, the third, 2025, the board of these commissioners. S. Commissioner,

    Bernard. President, Commissioner, banks, Commissioner Bell, Commissioner. President, Commissioner Carter. Commissioner, Moore is excuse.

    Let's go to new business.

    New business close session pursuant to section 8f of the Open Meetings Act MCL 15.268, candidate, Nicholas Pettway turned it for the board to consider disqualified applicant appeal from DPD

    hiring process.

    I'm sorry you're skipping over these motions.

    What motion? Motion to adopt the

    recommendation that the Office of Chief investigation

    with different

    it says new business. A Okay, well, okay,

    new business. I don't have it.

    I know a lot of these are like policy directors. I don't know if that was and then there were two that's supposed to be recommendations from the

    Office of Chief Investigator before the closed session, Mr.

    Chairman, at least on the agenda that I

    received. Okay, Madam Secretary, okay, thank you. Yeah, it's not in my packet.

    Let me just go by what we had two motions to adopt regarding, okay, we just the chief investigator's

    office. That's what, two motions. Okay,

    so I just so

    these three, these,

    not a problem. Go

    ahead, Commissioner, thank you. Start through the chair, and this report is in the absence of the care of the personnel and train committee Commissioner Hernandez. So we met on April the first at 3pm and we discussed quite a bit of quite a few things,

    the

    there is a motion. I'm sorry, there's a memo in your packet. Okay, I'm going to get right to the motion. By the direction of the personnel and training committee, I move to amend the standard operating procedures of the of the board of police commissioners office of the Chief Investigator by striking three years and inserting one year so the qualified qualifications for application for promotion to senior investigator requires one year and not three years. Okay,

    if there being no objections,

    um project to reducing it by two years to one year, I think one year you're just getting your experience, and also you're going to promote that person to a senior investigator, three years, more or less would be

    accurate, or two years, but not one year, Mr. Chairman, you can ask

    the commissioner if he has an amendment. I've amended that

    motion for two years. First one year.

    That's a motion that has to be second. Second

    discussion, Mr. Chair, my discussion is to the person on the training committee. What's

    the rationale for one instead of two? Because in the past year and a half, two years, we've hired so many people with investigative experience that instead of waiting for the three years to pass, they are ready at the first year,

    and chief investigator can speak more to that. And so is it the intention of the person sorry to chair, the intention of the person on training committee that if a person already comes with investigative experience, that it's one year, and then, if they have no

    investigative experience, then it would be two or three, not necessarily two or three. They have no investigator experience, it could be three years, four years. It could right, okay, so the purpose is to get those, like I said, with with investigative experience to the forefront, as opposed to waiting those three years, because we have such new talent, and the talent is extreme, and this doesn't I mean it, they are considered. So they also have other things. So their evaluation, performance evaluation,

    goes hand in hand with that as well. So Mr. Chair, yes, wondering if that changes

    Commissioner bills. No, sir, okay, what can I speak to? We have experienced investigators in that office. Quite a normal now, I'm not concerned about newly hired person to get promoted without that experience. It takes some time. And I know, personally, I was in that all for three years, and I also was a investigator at one time on the department. It takes time to be trained and have that experience under your belt. So that one year, I think we're going to take officers and make them supervise in one year does not happen in Detroit. Public

    department does not have

    Yes sir, Commissioner Bill and District Four. Is that actually, because you know, you bring someone on this year, the first six months or so this probationary period for that person, you promote a person within a year, you know, you really want someone to have three to five years of experience before they promote it, You know. And that's pretty much how it's been the 12 years that Commissioner Bell myself and Carter has been here with experience, and when you're just not going to cut it, you know, we still have a backlog of cases, and so when your experience, they get promoted how are they going to supervise or you know, you know, when so many different set.

    You know, we we set that person up for failure instead of, you know, setting that person up for success. And so I second Commissioner Bill's motion for two years to two but we all know three to five years is should be standard, so

    I support the two years by Commissioner Bill minister. Just

    want to make sure that we first of all clear this motion that is being considered right now is not for supervising investigator. This motion is for senior investigator. Currently, the criteria is only one criteria that three years of experience, and that's it. In the proposed criteria, it takes not just the time that you serve in office, but it also looks at the quality and the quantitative things that you bring to Office. Let me read it real briefly. It says the city investigator position will be open to all staff in addition to all interested parties, we'll present a resume for consideration. Each interested party will be evaluated based on experience and seniority serve at least one year as a high performing OCI investigator with an overall performance evaluation of achievement expectations in both goals and competencies, or have at least one year comparable experience in an investigative unit. And the reason why this came to bear is because during our interviewing process, we had saw a number of individuals who had criminal justice and investigative experience, who had been added to our team, who has brought a great deal of experience, a great deal of knowledge. Matter of fact, our new investigators are really setting the bar as it relates to the amount of cases that are being closed, and their leadership in their particular areas have been just phenomenal. You really have the example that they've set, which is why we made the position. Wanted to open up, wanted to open up the position, and that's

    just based on three years being in the office? Yes, I know that we had attorneys and major people coming from major places to be able to contribute, and I strongly support it was made. We had discussion five foot amendment, all in favor, say, aye.

    Information, right now is they vote

    on Commissioner Bill's amendment for two years. Yes. Roll Call.

    Roll Call,

    Commissioner said yes.

    Commissioner rye Yes.

    Commissioner banks

    Yes. Commissioner

    Hill Yes. Commissioner Burton Yes. Commissioner Carter, yes. I'm sorry, yes, Commissioner Moore is excused, Commissioner Hernandez excuse, Commissioner Presley, yes, and Commissioner dawas is

    excused. Commissioner Lewis, no,

    seven, yay. Votes

    one No, nay.

    So now we're back to declare the motion

    adopted, and now back to the motion as amended.

    The motion is

    adopted to change it from one year to two years, from one year to two year

    to two years as amended, not back to the

    motion as amended. Yes, all

    in favor. Say, aye, as if there's any further discussion, is there any further discussion? There being no further discussion? All in favor. Say, aye, aye. Anyone opposed the motion is here.

    Thank you, sir. Next Mr. Chair, by the by the direction of the personnel and training committee, I move to amend the standard operating procedure of the board of police commissioners office of the Chief Investigator by removing years of required experience as the senior investigator in the BL, PC, Office of the Chief Investigator, where a senior investigator

    is eligible for promotion to supervise an investigator, all in favor. Say, aye.

    Thank you. Could you?

    Could you clarify what

    you just stated? Okay? You through the Chair and thank you again. The current single requirement for a senior investigator to become a supervising investigator is that they serve two years as a senior. That's it. Our proposal is that the supervising investigative position will be open to all staff, in addition to all interested parties will present resume for consideration. Each interested party will be evaluated based on experience and security, serve at least two years as an OCI senior investigator, or have at least two years comparable experience

    in a supervisory position.

    That makes sense. Could you clarify

    what do they bring to the table from some other capacity? I'll give you through the Chair, if that's okay. Yes, sir. Through the Chair, we have hired investigators who come to us with supervisor experience in handling case loads and case management. We have people who work for us now who are supervisors in their previous positions as relates to dealing with crime, Intel and things like that. And so it would be a pump of the commissioners to look at that experience, at time of promotion and determine, just like almost in their other position, with their life experience, qualify and be transferable to our office, the skills they gained in learning their previous

    experience. I hope that answers, that answers the question. All in favor, say, aye, and one of those,

    I wanted to ask them

    to pay for discussion of the matter, but

    I feel that the original language that was used before that, before it was brought to the table today, I think We should not rush to change the language, the original language. You know, we really want to have our employees come, you know, come in work, work their way up. Not so much, you know, as parents from other places coming in and getting a senior investigator positioners or supervisors, investigator position, you know, we have, we have some good investigators that's working in this office, and so, you know, I don't think we should make a quick decision right Now far as change that language, but I do like to hear more from my colleague, Commissioner Bell, who worked, who once worked in that for a number of years after retiring from DPD after 33 years career here. And so if anybody that knows what's best for that,

    OCI office will definitely be Commissioner

    Bell. So you gotta send a backlog, no, and I'm not gonna joke on a joke about that. Absolutely, Commissioner Bell is one of our honorable senior statesman, Commissioner that represents this board, and this is we, but we do have to get out. We do have someone who has experience working in that office that you know, that that that can turn things around. And Mr. Bell has done a lot of great things with the board, as well as when he worked at OCI, the number of great things that he done with the Detroit Police Department for 33 years, as well as the guardian say something Mr. Chairman, speak facts here, make the joke about the backlog of the cases.

    This man is a great

    publisher. It's

    clear that the backlog created by the investigator not doing a job, and I want to go further, that we in the process of hiring resignation officer who resigned from the department who created the back dog. It doesn't make sense. We have a significant number of cases that we can review their job. They went home and they stayed home in no function. So that really realistic will help, and

    we process hiring these folks back

    to the job, because that's that's

    my All in favor, say, Aye. Aye. Anyone opposed the motion carried

    Commissioner Carter, thank you, Mr. Chair. By the direction of the personnel and training committee, I move that we hire six task workers for OCI.

    No six task workers. Ready for that

    through the Chair? I'm sorry I was chairman. You really have to state the motion. I know she said

    it's not on the floor until you stay

    right. I think he's trying to clarify what it is. You guys take

    the motion or there is nothing. Okay, alright, clarify. T, A, S, S workers, alright. So

    there's a motion to hire six staff

    workers, second,

    just from the personal training committee. No second is required. Okay, all right, all in favor.

    Want to

    bring Thank you through the chair and and certainly to Commissioner Carter. There are six task workers, three will work for OCI in administrative capacities in order to help, really, I'm sorry, alleviate the burden for the two that's there. And then the other three will be in the bo PC office, so there are six, but three in

    the OPC and three in OCI. Okay. Oh,

    yeah. Can you provide the history of these past

    employees that were OCI in terms of their caseload,

    separate from what you're talking about?

    I'm talking about hiring, hiring the people. It's very important

    that we do see that documentation that commissioners just to say that we put the positions in our budget, not the actual

    people who are being hired in these positions.

    Correct? I'm just trying to clarify those people already.

    Yeah, it's a different Okay, so yeah, this is just to allow us to be able to hire task workers

    and not us deciding who those task workers are, right? Okay. Thank you, Mr. Chair, yeah. Motion made by Commissioner Carter, second by Commissioner the person on training committee, as as as directed by the person that was training

    committee,

    anyone, all of

    the polls. Motion carried? I do have a question now, and we can redirect that back to the personal training committee, or maybe I'm just not reading as well. So because there was an amendment made relative to the senior investigator that required two years, but then we passed the motion for the supervising investigator that was one at least one year, whether or not there is any like inconsistencies in that regard, where now we might be allowing the person to be a supervising investigator with less tenure time than we actually have a

    senior investigator. So maybe they can

    yes sir through the chair to answer the question of Commissioner

    Presley for supervising investigators. It was two years

    the proposed language

    read, okay, thank you. Yes through the chair, yes. So about the task workers? They used to be former I don't know that I'm

    hearing Yes. So have they been hired already? Yes, they have. And there's

    I've got

    when the board's approval, it was with the board's approval, but we have to present the names now before the board, and that's what we have to do to correct that. And we've been in conversation with HR today, and we have those names.

    Yes, sir, we do have the names of the chair.

    This motion has been carried.

    The motion had been carried conversation. This is another conversation. Yeah, we can

    talk about it late, but absolutely we know back to the personnel and training Committee. It brings it. Bring it way back up here. There was miscommunications and

    has to be corrected. Okay, thank you. As it's coming back from the personnel training committee, more than just names, if that can actually be a real package,

    so with resumes in the

    like, when it when it comes to the pool board, okay, all right, yes, sir. So this for clarity, the second, the second that I made that I supported Commissioner Carter's motion for six task workers. I wanted to question that those you know, we didn't, you know, this is some, you know, we looking to hire six, but we didn't hire the six, right? But that's correct.

    Okay, so we don't have names for these six task workers, not doubles. No, no. Do we get names for the task force? We have food for task forces to come on. There was some, and we need to be able to correct that for the record, and we consulted with HR and consulted with

    the attorney to be able to get that corrected. So my second it was

    for six new absolutely

    here. So

    are they hired or not? Mr. Chairman.

    All due respect, you cannot

    hire anyone. It's up to the board. I agree with that, therefore, such a time as we get clarity for his resume and history and all that

    good, but

    HR, the board hire this fear with the operation Council, yes, sir, so can we

    I saw the email, other the name, I didn't know the names anything. The fact that the matter is, is that it was a snafu, and it's being corrected. And

    I take the blank, give me the blank.

    Are they working currently? Are they on

    the payroll? Yes, through the chair, they are working currently. They are on the payroll. They have been processed. They did receive letters. Offer letters from the board and

    so yes, they are on the payroll. Mr. Chairman, yeah, able to hire anyone make that decision?

    Well, I support what occurred, and so commissioner

    is actually accurate and actually saying what he's saying,

    legally.

    Okay.

    Second by Commissioner burden discussion, Mr.

    Chair, I actually stars of the passwords of the board. Yeah, and the

    second number discussion, Mr. Chairman, you can only rescind action that the board actually took. What

    I'm hearing is that the board took no action. Okay? So

    I'm not saying that the board can't intervene in taking action about a decision that was made that circumvented the process, but the motion to rescind has to be made on something the board did right, and I'm hearing that the Board did

    not vote to hire these individuals. I do appreciate the wisdom of the parliamentarian, but it was just communicated by the chief investigator that the board sent letters to these task workers, hiring

    them. So if the board based on the board action or these letters generated,

    that's why it regular letters, departmentarian. But again, it was not a motion to rescind, a motion. And so there was a motion to rescind. I understand that, but it was not a motion to rescind, a motion, motion that was made by Commissioner Bill. Second was to rescind the hires. And if there suggested there were letters that fired employees by the board, and I think again, I understand the word rescind might be triggering to the parliamentarian procedures, but I think that whatever he's suggesting is to unhire, stop whatever that later letter suggested, and not to suggest that there was actually a motion made by this board. And again, the fact that there was an emotion made by this board, which I think proposes motion, kind of puts us in a quandary of how we actually move forward. So again, I think he's just attempting to respond to what was suggested that there are letters that have been given to individuals by the board hiring them. And I wanted

    the discussion so we can ask our board attorney. I

    think that's the best. Yes, absolutely. I'll say that the board secretary presented letters to me, and I signed them, not understanding the entire process. I signed the letters that she gave me as the typical of the chairman assigning those letters and not fully understanding that, you know, when we hire task workers that had to be done in a specific way, I don't know if we,

    you know, go ahead, I appreciate that transparency, but at this point, we just need to try to rectify what's been done. So, Mr. Turner, your question is now that letters have been presented to these employees, and there is a recension. What is the legal ramifications of rescinding letters that have been

    provided to these employees by the board, signed by the chair?

    There could be potential viability for the board because they relied on those letters that they receive for that position, so we have to look at that viability. However, since the board did not vote on it, I believe that work and rescind that those

    four letters, Mr. Chair, into the attorney, is there a way, I don't know what date may have been suggested in that or anything like that. Is there an opportunity for extension of the date so that the board can determine whether or not we want to move forward in this

    matter that doesn't immediately receive an offer?

    The problem

    is they started already. That doesn't matter.

    Mr. And chair, I know that people have personal I know with one of those employees, people have expressed personal disdain for and have a proper personal right for. I don't know. None of them, you know. And so that's been circulating. And so we have to be very, very careful in terms of how we present this as well, because people are on the record. Just like you said, it was you expressed, just momentarily, your personal gripe of one in particular. And I don't want to be

    selected in one house. I don't think that that's the time or the place for this. I think that right now we need to concentrate on how we rectify right what has been done. And I think that experience has taught us that everything has to come to the board for sure. I agree with that. Everything has to come to absolutely before, before. So I think that we need to rectify. And I think that this should go to the legal foreign opinion

    or Corporation Counsel for an opinion as to how we rectify the people under the labor and I think that whenever we need to be done to rectify, we need to rectify. You know, yes,

    yes, ma'am, yes, sir, illegally action. It's an action that was not authorized. The hiring of these people was not authorized, that's their point. So therefore the action is it can't be correct. I mean, the action has to

    be rescinded by, I guess, and we

    have to go back and do it correctly.

    Or the board authorized, the board authorized to hire for task workers. All uh, the board authorized to hire for task workers. We approve that, you know, the names, I guess, is what we're dealing with now, and he can give us a legal opinion on it and work with the personnel training committee to correct anything that need to be corrected. Because if we get the names to everyone and be able to see it based on the legal guidance that we got from the corporation Council, who said that we can do it that way as well. I I'm encouraging. It's my position that that those

    names and resumes get to every board member, Mr. Chairman, uh, email what I'm indicator to use that we didn't take no action, used to our communication with our organization, so you just have to stop another one. Don't make it personal. I don't know those folks individually. I know requirements that type of thing. I ask you to look at all the resume and profile of any form of person

    that we're going to bring back. Is it unreasonable? We unreasonable. It's not

    unreasonable. So now we learn in here today is that four people, four individuals, receive letters who approved that, who authorized that, who compiled the names for these letters to go to? We like to know this because, you know, like Commissioner Carter said here, and I agree for everything to come before the full board, absolutely so. Who authorizes this? Who approved these four names, who submit those? Guarantee them a job. There's a motion on the floor. Yeah,

    clarity to that before was this meeting adjourned the receipt. Whether the residual All in favor say, Aye, and one opposed, the motion is carried so recidiv Prepare a letter to rescind those uh

    hires through the chair like you know, for the record, I like to know who authorized that and

    get go for those four individuals, I signed four letters that was presented to me by the board secretary saying you didn't, you

    didn't, you didn't, you didn't come before the task

    work. Four task workers with others. That's true. I always letters as it relates to buyers. They were sort of presented to me. I signed them.

    They were presented to me. THE BOARD

    SECRETARY wants to speak. The letters were forwarded

    from the chief investigator

    names in conjunction with HR, City of Detroit, the names came from the chief investigator for the letters to

    go out,

    to be put on letterhead, to

    present to the chair of the board,

    Mr. Chair. Yes, I appreciate the transparency that is occurring here. I'm grateful for Commissioner billing that we were able to rectify, at least temporarily, a mistake that has been made. However, we do still have a rather lengthy agenda that we can come back to have a more comprehensive understanding of what happened and to ensure that we might discuss policy that might be put

    in place to ensure that it doesn't occur again. Oh, absolutely.

    I don't have anything else on the agenda? Well, I can see I handed it to you. Down

    everybody got some some policy directives, three more options,

    okay, yeah, but then another policy directed to intervene, okay,

    performance evaluation rating. I'm ready. Yeah, okay. Thank you, Mr. Chairman, yeah. By direction of the policy committee to the board of police commissioners, I moved to adopt as policy directive 102, point 12, duty to intervene. I'd like to point out to the board that this is the problem that happened in the George Floyd case, where the senior officer had his knee on George Floyd's neck and the other officers were standing there and did nothing. So we have decided to address this issue systemically. Specifically, all officers have a duty to intervene whenever there is excessive force used. Period, you have to stop the person who's using the excessive force and and and address it. Secondly, all officers have a duty to to protect members of the public from biased or discriminatory policing practices, including enforcement decisions based on whole or in part, on race, color, sex, religion, national origin, height, weight, marital status, gender identity or sexual orientation of any person, all officers have that duty. Thirdly, all officers have the duty to address

    constitutional violations. We can get

    the motion, and then she can continue to read that in discussion.

    I don't want to read, I don't want you to understand you're making a motion by recommendation of the policy committee in order for the chair to be able to state that

    motion so we can actually have some you can add,

    I'm reading. Are you making the motion? Madam trying to stop being able to do that. Allow him to state the motion. And then we

    ask for discussion. Then you can read. Now, if I want you to understand what I'm asking you to second, that's it. And so the only other part of this that's important, I'm telling

    you what's important that the is that the point of order, this is not what's important. This is for the policy committee

    to state a motion that this board can vote on. The parliamentarian has not ruled against me. I am stating my motion. What I just said is on to the duty to intervene is and

    that a supervisor has to be present at one of your motion

    Policy Committee. On behalf of the policy committee, I recommend that you adopt the motion

    directed 102, point 12, duty to intervene, Mr. Chairman, I hope in the future that we have ample time to read and digest before

    committee,

    one hour that's not sufficient

    document

    that we

    take we just got

    it email out. You through the chair the policy. What did go before the committee? However, there are revisions between the department and our office, sometimes up until the last minute,

    so that is the ongoing process. So,

    as was considered the last minute,

    there was a meeting this morning, like

    probably what there was a meeting Tuesday, Ms Tyson made some minor changes prior to this is the policy with very minor changes, commas, whatever grammatical changes. But this is the final revision that is presented here today in the packet, which was should have been sound about

    noon. Is our time dropped.

    Go forward this process. These are important.

    The commissioner can move the table. Pattern too

    fine. Okay. Motion made by

    Commissioner Bill the post home support and supported by Commissioner. Burden, any discussion. All in favor? Say, aye, anyone

    opposed the motion is shared. Is that your pleasure for the other two reports, reports, the item number 8e, i, directive two, oh, 1.2 patrol related reports, and also, I guess, to postpone directive four, oh, 1.1

    performance evaluation rating is

    that correct? It was

    opportunity. So next week they can be postponed. My motion

    is adopted. Thank you. Through the Chair I got a I get one quick question, who told

    the secretaries to wrap the letters

    that becomes

    i She said she already said it

    during the meeting, yeah,

    similar to Section 8f of the Open Meetings, act MCL 15.26, 8f 8f, candidate, Nicholas petaway Turner, or the board to consider disqualified applicant appeal from DPD hiring process,

    I move that we go into closed session, made by Commissioner Carter is second by Commissioner Smith talk to the closed session. Any discussion?

    All in favor? Say, aye, this is a 30 minute recess recording stopped you.

    I wonder Why you Want Back Tylenol. S.