Law and Justice Center
Salt Lake City, Utah

Wednesday, December 3, 2003

Judge William Thorne, Chair
John Adams
Keith Hamilton
Dan Becker
Dan Maldonado
Rep Duane Bourdeaux
Joan Smith
David Gomez proxy for Corrections
Carolina Webber
Jesse Gallegos
Michael Zimmerman
Sid Groll
Brent Johnson
Jah-Juin Ho
David Biggs
Ed McConkie
Paul Boyden
Haruko Moriyasu
Cmmsnr Bob Flowers
Anthony Smith
Kal Farr
Sheriff Brad Slater
Senator David Gladwell
Joe Tafua
Leticia Medina
Larry Houston, AC

Meeting Materials: agenda, meeting minutes (October 2003), Commission Mission Statement and Priorities, Email conversation with Chief Griener, Subcommittee reports, Request for Proposal Letter.

1. Welcome and Lunch

* Lunch was served. Special thanks to Jesse Gallegos and the Board of Pardons for hosting and sponsoring lunch. Minutes from the October Commission meeting was reviewed and approved.

2. Advisory Council Update (Larry Houston, AC Co-Chair)

* Larry announced that the Advisory Council is fully functional and has been fulfilling its role by bringing community concerns to the Commission meetings.

* The next Advisory Council meeting will be December 10 from 4:30-6pm at the Sprague (Sugarhouse) Library.

* Larry clarifies that he is speaking on behalf of the Advisory Council not in his capacity as an African American.

* Larry passes along two requests from the Ogden Community Coalition- 1) Town hall meeting to address the broader/ general concerns of the community with local law enforcement, 2) an independent investigation of the June 27th concert incident (see email and community subcommittee update in Commission packet for details of the incident).

* There is an extended discussion on this topic and the following motions were made:

* Dan Maldonado motioned that the Commission: 1) hold town meetings, and 2) create a subcommittee to facilitate dialogue with the Mayor, Chief, and community.

* There was discussion on the motion

* Judge Thorne clarified, Dan Maldonado’s motion (with his consent) in light of the discussion. The motion was separated into two votes. 1) Motion to endorse town meeting and form a subcommittee to facilitate dialogue between the Mayor, Chief, and community was voted on supported unanimously. 2) A vote was conducted on when to hold the town meetings: December 15, as asked by the Community Coalition or after the first of the year. The majority of the Commission members present voted on conducting the town hearings after the first of the new year.

* There was further discussion on the vote concerning the timing of the public hearing.

* An amended motion was made to hold the public hearing at the convenience of the community no earlier than December 15. The majority of the Commission members present voted against the motion.

* There was discussion on the disapproved motion.

* Brent Johnson made a motion to amend the December 15 public hearing to the following: Motion to hold the public hearings at the community’s convenience with at least 30 days notice. The majority of the Commission members present approved this motion.

* Larry noted that 30 days from the formal request would be December 25 and that if this community meeting is required to follow the new 30 day rule than all subsequent town hearings should also follow this precedent. Carolina noted that the Community Involvement subcommittee has never sought a Commission vote on each town hearing and wanted a clarification if all town hearings must be approved prior. Representative Bourdeaux noted the unusual circumstances of this town hearing and that the timing of town hearings should generally be based on the reasonable time it would take for a community to notify and gather its members. There was informal agreement by the Commission members present that 30 days notice will not be a precedent for future meetings.

* Recognizing the circumstances that the Commission is faced with Michael Zimmerman stated he is willing to work with the Community Coalition according to their time table.

* Michael Zimmerman moved to reconsider the previous motion: to hold the public hearing at the convenience of the community no earlier than December 15. The majority of the Commission members present voted for this motion.

* Representative Bourdeaux noted that the key is the three member subcommittee. Dan Becker clarified that the purpose of this subcommittee would to facilitate dialogue, anything more would be beyond the scope of the Commission. The subcommittee will consist of Michael Zimmerman, Jesse Gallegos, Joan Smith and Sidney Groll.

Subcommittee Update (Tabled due to time)

3a. Research Subcommittee (Ed McConkie)- Tabled

3b. Community Involvement (Carolina Webber)- Tabled

3c. Complaints Process (Leticia Medina)- Tabled

3d. Indigent Defense (Anthony Smith)- Tabled

3e. Recruitment (Dan Becker)- Tabled

4. Update on Annual Report- (Tabled due to time)

5. Request for Proposals- (Tabled due to time)

6. Brown v. Board of Education- 50th anniversary celebration- (Tabled due to time)

7. Next Meeting

* Our January meeting is scheduled for WEDNESDAY January 28, 2003. We are back to our regular schedule of the 4th Wednesday of every month.