City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com
March 13, 2017 Kennyberg Araujo Francis Gonzales Fraternal Order of Police Lodge #3 President Spence Alvord Re:
City Report
Dear Kenny, Francis and Spence, Pursuant to a term of a settlement agreement reached in the lawsuit Araujo & Gonzales v. City of Fort Collins, the parties agreed to the following provision: “The City will prepare and deliver to the plaintiffs and the FOP a report (City’s report) based upon the ILG investigation report that will disclose any alleged potential policy violations identified associated with discrimination, harassment or retaliation; how ILG investigated the alleged violations; general information about the findings of the investigators concerning those alleged policy violations; and the action plan adopted by the City in response.” Please see the attached City’s report, provided in response to this provision of the agreement. We have been asked the number of interviews conducted by ILG, and have confirmed that ILG interviewed 56 witnesses as part of its investigation. As noted in the plan of action described in the City’s report, investigations are currently underway with an independent investigator related to complaints alleging violations of policies that prohibit discrimination and retaliation. The independent third party investigator is also assessing whether additional investigation is necessary on three other alleged violations which have previously been investigated. In addition, City staff and I have undertaken the following efforts and activities in order to further address key themes that emerged from the lawsuit and ILG investigation: 1) Examination of hiring, promotional and special assignment testing and other selection processes and review of records to determine whether processes can be conducted more fairly and equitably, including examination of the following questions: a. What more could be done to improve the promotion processes for the corporal, lieutenant and deputy chief positions to make them more transparent and equitable? b. What more could be done to improve the special assignment selection process to make it more transparent and equitable? c. What hiring and recruitment practices could be changed to ensure a more diverse pool of candidates for the police officer position? d. What attributes does the agency value in a police officer, sergeant, lieutenant, deputy chief? e. What can be done to communicate a clear path to promotion?
Kennyberg Araujo Francis Gonzales Fraternal Order of Police Lodge #3 President Spence Alvord
March 13, 2017
Changes are already being incorporated into the current recruitment/promotion process for the deputy chief positions, including the use of an external recruiter for all openings and an opportunity for different representatives from within FCPS, across the City and the broader community to be involved. 2) Fort Collins Police Chief and Executive team and I will reinforce that retaliation is not tolerated. City staff is working to develop a training strategy that ensures all present and future FCPS employees are educated about how to prevent and address harassment, discrimination and retaliation in the workplace. Additional efforts are underway to deliver an additional and specific training program to all FCPS leaders on their unique role in creating a work environment that aligns with the City’s commitment to diversity. 3) City management staff is working on the development of an independent EEO function within the City Manager’s Office. In addition to other responsibilities, the Equal Opportunity and Compliance Manager (EOCM) will focus on investigating all discrimination, anti-retaliation, and harassment complaints made by any City employee. A more formalized complaint process and investigation procedures will be developed and City staff will confer with the FOP in developing the criteria and standard operating procedures for this position. Recruitment efforts for this position are currently underway. 4) The City’s Human Resources Department is partnering more closely with Fort Collins Police Services and is in the process of realigning staff from HR partner services to provide increased capacity to support Fort Collins Police Services. 5) I am committed to ensuring that all complaints sent to me in recent weeks are reviewed and appropriate actions taken. Sincerely,
Darin Atteberry City Manager