January 20, 2017 To: Fraternal Order of Police Lodge 3 Members & Employees of Fort Collins Police Services RE: Next Steps Throughout the course of the recent mediation process all parties involved were bound by the constraints of a non-disclosure agreement that prohibited any of us from speaking about the details of the case or the steps being taken. As you are all now aware, the mediation has concluded, yet many questions still remain. The FOP board members involved in this process, President Alvord, V.P. Renn and Secretary Lenderts, are happy to help fill in some of these blanks but first want to offer the following statement; The work done over the past couple of months on allegations of all forms of discrimination, targeting and retaliation was no easy task for any of the involved parties. We found during this process that perspectives of the workplace are different for each person and the perspective each person has strongly influences the lens through which they see these allegations. The allegations brought forward in this civil suit were of discrimination on the basis of race and ethnicity. When additional allegations of discrimination, targeting and retaliation, based on other factors, were brought to light, the plaintiffs in this case, Kennyberg Araujo and Francis Gonzales, requested FOP Lodge #3 be recognized during this mediation process to ensure allegations of the disparate treatment of all employees be identified, investigated, and condemned through personal accountability should the allegations be sustained. As you read in the Chief’s email from January 19, 2017, and perhaps in the joint press release sent out on this same day, the City leadership, the plaintiffs (Araujo/Gonzales) and the FOP have spoken out against all forms of targeting, retaliation and discrimination. We also agree that collectively we stand a better chance to prevent this type of treatment in the future by developing a simple and safe reporting system. As a result, the City has agreed to develop an office outside of Police Services to handle such complaints in a safe, fair and expeditious manner. We agree that training our folks on these matters is critical to preventing an unhealthy culture from carrying forward. We agree that as we move forward through these changes, we will need to step back, analyze the performance of our efforts and make adjustments as needed. All of the steps outlined above are critically important in moving forward in our workplace and we’re thankful to everyone involved who has committed themselves to making Fort Collins Police Services a safer, more equitable place to work. We do, however, recognize the steps outlined in this correspondence to this point deal primarily with the “from here forward” portion of our situation, which begs the question, “What about the allegations that got us to this point?” During the spring of 2016, an independent investigation was launched at the direction of the City Manager. The initial scope of this investigation was limited to allegations of race bias. Yet, prior to, and during the course of, this investigation, many additional issues were brought up. We hoped this investigation would be a safe opportunity to report allegations of mistreatment without fear of retaliation. The magnitude and volume of these additional statements slowed down the city’s investigation, and as such, it concluded without all of the allegations heard or adequately investigated to the point that findings could be made.
The FOP Board and its membership were of the understanding the independent investigation was to serve as a comprehensive investigation into allegations of discrimination, targeting and retaliation. We believed when the City Manager’s investigation concluded, findings into alleged misconduct would be made, and accountability would promptly follow if allegations were sustained. We later learned the purpose of the investigation was different than what we believed, and given the magnitude of information gathered, findings could not be made, and thus accountability would have to wait. While the FOP and its membership are frustrated by the way the independent investigation was initiated and conducted, we firmly stand on the side of due process for all. As such, upon learning the investigation was incomplete we encouraged the City to expeditiously resume the work it has begun to allow a thorough investigation into each allegation to be completed and findings to be made. During the mediation process the City, plaintiffs and FOP agreed that while we all want to move forward in a healthy and productive manner, we absolutely have to address the allegations of the past. As part of the settlement agreement, the City agreed to pick up on this investigation where it left off by providing the entire investigative package to another investigator (outside of Police Services) who would review the statements through the lens of our policy manual and collective bargaining agreement to determine what, if any, policies were violated. These findings will be given to the city manager, who will determine the appropriate actions for sustained policy violations. For those of you that have previously come forward in the first phase of this investigative process, and who have not heard what the status of your complaint or concerns are, the answer is, more work is to be done. Statements you have previously provided can be taken forward into the next phase of the investigation with your consent. Please contact Alvord, Renn or Lenderts by January 31, to grant your consent and to discuss this process moving forward. If you have yet to participate in this process and have a complaint to be made, please contact Alvord, Renn or Lenderts immediately to discuss the process for filing such a complaint. If you are more comfortable filing your complaint directly with the city manager and/or providing your consent to carry a statement you had previously given forward into the next phase of this investigation, please feel free to do so. The complaints that have previously been brought to the attention of FOP leadership are not proprietary to FOP members or even sworn officers. Complaints have come from civilian and sworn alike, and from nearly every level of each area of service. This ongoing investigation into these matters is accessible to all employees who believe they have been, or currently are, experiencing these forms of treatment. On January 19, the FOP met with City Manager Darin Atteberry, Assistant City Manager Kelly DiMartino and Chief Hutto to emphasize the importance of continuing this outside investigation as quickly and efficiently as possible so wounds of the past can be addressed, accountability can be achieved, and the entire agency can move forward together with a commitment to a healthier culture. We will continue to communicate with City leadership throughout this process and will report back to you as appropriate. Sincerely, FOP Lodge 3 Board