Board of Police Commissioners

Detroit Board of Police Commissioners
Criminal Justice

Remote

Join meeting on Zoom: https://us02web.zoom.us/j/81981390642

Check the source website for additional information

Reporting

Edited and summarized by the Detroit - MI Documenters Team

Note-taking by Damien Benson

Jerome Warfield addresses board as head of OCI; no vote to suspend w/o pay two officers charged with felony home invasion.

Live reporting by Amelia Benavides-Colón

Jerome Warfield addresses board as head of OCI; no vote to suspend w/o pay two officers charged with felony home invasion.

Amelia Benavides-Colón @benavides_colon
What up Detroit! I'm back to cover today's Detroit Board of Police Commissioners meeting at 3 pm on behalf of @DetDocumenters

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12:01 PM May 4, 2023 CDT

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Find the agenda for today's meeting here: detroitmi.gov/sites/detroitm…

In addition to today's normal proceedings, the board will go into closed session to review a request to consider Administrative Leave Without Pay but with Medical Benefits for Police Officer Brianna Cabano
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The Zoom room is open and we've got a hot mic 🎤 which is always fun for nosy folks like me!
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no more hot mic :(
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It looks like the meeting has started but they forgot to unmute the microphone!
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We have sound on in time to hear the end of the Invocation.

Commissioner Annie Holt has submitted an excuse for the day. Ricardo Moore will be joining late. A quorum is present.
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The agenda for today was approved unanimously, as was the minutes from last week's meeting.
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We are running through a pretty long list of all the guests in attendance today.
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Chairperson (D-1) Bryan Ferguson said he doesn't want to repeat his report from last week. "Just be respectful... we already know what we did wrong and we're trying to fix it..."
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Ferguson welcomed the new Chief Investigator Jerome Warfield (sp?) outliermedia.org/bopc-detroit-p…
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We now have a resolution to honor Sergeant Willie Smith in his retirement.
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We now have a critical incident debrief from Commissioner Linda Bernard. She said she attended two private briefings regarding the shooting in Campus Martius in mid-April and the shooting of Porter Burke

nbcnews.com/news/us-news/f…

detroitnews.com/story/news/loc…
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Bernard is giving a debrief of the Greektown incident first. She is giving a physical demonstration of how police attempted to apprehend one suspect. detroitnews.com/story/news/loc…
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Bernard said one suspect was dropped in front of St. John's Hospital by an unknown driver.

The second suspect was apprehended in a parking garage, he had a 40-caliber gun in the vehicle.

Two bystanders were hit and are recovering in the hospital.
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Bernard said DPD is actively contesting with Michigan Prosecutor Kim Worthy who is not issuing a warrant at this time due to doubts regarding identity.
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Commissioner (?) is providing a debriefing on the officer-involved shooting of Porter Burke in October 2022 nbcnews.com/news/us-news/f…
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Prior to arriving at the scene, officers spoke with Burke's family for 10 minutes about his violent behavior.

When officers arrived he had a knife in hand and was pacing. Burke was asked 14 times to drop the knife and declined. The Srg. is heard saying he's 1/2
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going to get his car, he walks away and that is when Burke walks away from officers and then turns and begins running towards an officer with a knife.

One officer deployed a tazer.

The other officer deployed 38 rounds. He was hit 19 times. Burke was 30-40 feet from officers
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It took 3 seconds from when he began to run and when the last shot was fired
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Reviews have shown that policy was not violated in this case and a final case will go before Chief White.
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Bernard said she is "distressed" by the fact that this video has not been released to the public. She said citizens have a right to see the video, as does the nation.
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Bernard is critiquing the Crisis Intervention Team Officers tone of voice in the video, "it was terribly authoritative" - she also said that level of force is "unacceptable"
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? said the video was released days after the incident.

The only videos shown in private sessions were edited to calculate distance. There were no additional videos. I think this is a member of the oversight board?
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Ferguson said the public has already seen this video.
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There are currently three injured officers.

There are 80 homicides year-to-date, compared to 79 this time last year.
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Several other stats are being given off but I can't keep up!
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In the last week, there's been 361 mental health-related calls for service. The total number of calls year to date is 5,331 compared to 4,661 in 2022.

4,775 calls were serviced.
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We're now hearing an update on a doctor found dead in his home. Detectives made an arrest on April 27, but he was released pending more information.
abcnews.go.com/US/doctor-foun…
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A suspect was arrested in relation to a stabbing in last April, and DPD is working to reissue the warrant.
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Chief White held a "Walk-a-Mile Wednesday" with community members clickondetroit.com/news/local/202…
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This concludes the Chief of Police Report.

Ferguson is asking why so many warrants are being returned due to being written incorrectly. He suggested asking Worthy's office for a description of what needs to be fixed to get things right the first time.
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Laptop overheated, I'm back.

A commissioner is asking to see the video and audio of Porter Burke at any time next Thursday. Ferguson said all commissioners were invited to see the video during the report.
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? said he is requesting to see the video at a data of his choosing that works with them. He said he is willing to clear his calendar to make this work.

Ferguson said he'll make that happen. The commissioner said "I don't believe in you sir and neither do the citizens of Detroit"
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I wish the camera quality was a little better so I could read the commissioner's name plates. My apologies everyone!
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Member-at-Large and Rev. Jim Holly is asking the secretary for information he can share with his congregation about the consequences of getting caught with a weapon.
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Holly said he doesn't want anyone going to jail over this.

Ferguson is giving multiple hypothetical examples of how harsh consequences resulted in lower crime. "Let's get back to that"
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Bernard said is unfair to ask the prosecutor to revisit a case that she already deemed shouldn't be prosecuted. She said it's not BOPC's job to step out of its lane, and they need to respect those decisions.
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Bernard is saying it needs to be easier for citizens to register their guns. She said the current office close at 3 p.m. which doesn't work for the working resident
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Holly and Bernard just snapped at each other over whether or not her comments are relevant to this meeting. Very tense.
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There are nine public commentors today.

It looks like we need to pause to give a promotion to an officer.
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A motion is being made, or is being attempted. I have to admit I'm a little confused with the current line of conversation.
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Ferguson doesn't seem to understand what's going on either. Bernard is clarifying.
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Commissioner Willie Burton seems to be asking for time before the promotion is given to the Captain.

Someone is scoffing into their mic while Burton speaks
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Burton is pointing out a gap in communication between the Chief's Office and BOPC. Ferguson is actively protesting this.
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Burton has been cut off by Ferguson and we are moving into public comment.
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1: Said City Councilman Fred Durhal is hosting community seminars that are actively helping residents. She said she wants young people to stand up to make change.
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2: Said DPD views BOPC "as chumps" - Told Holly that his hijacking of the meeting goes against what the board stands for. Regarding Porter Burke, he said the story doesn't add up.
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3: Is a resident of D-5 and is very disappointed in her representative, Willie Burton. She's addressing each of the commissioners individually and condemning shootings.
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4: Listed names of three individuals and is alleging that DPD is actively covering up murders. Said White refuses to speak with him. Encouraged Ferguson to call in an "outside independent law enforcement agency"
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5: Said BOPC is a venue for police misconduct and policy. She encouraged members to get rid of ShotSpotter and facial recognition tech freep.com/story/news/loc…
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6: Resident of District 2, thanked Burton and Bernard for pushing through promotions and acting on behalf of citizens. Encouraged members to give due consideration to all matters that go before it, said Chief White's recommendation can't be trusted.
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7: Said Porter Burke was shot too many times. Said BOPC members should not be retired police officers. "They should have no police affiliation, that's per the charter" - said BOPC's goal should be oversight.
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8: Started by thanking everyone for hosting this conversation. Is a friend of the late doctor who was found dead in his home and offered his services to DPD. Said he thinks the case is a hate crime, as the vic was gay, and wants to know how to get federal $ to help with the case.
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9: "What happened to respect? What happened to everyone's opinion being respected..." This commenter had a severe speaking impendent making it hard to make out her full comment.
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10: A former Commissioner said during his time on BOPC he never missed a meeting. "Just do your job."
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Ferguson said he's been trying to get respect since he started on the board.

Burton interrupted to say that Ferguson has disrespected commenter #9 in previous meetings and quieted her during comments. There is active protest from other board members. Ferguson is denying 1/2
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the allegation.
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These members are spending so much time arguing that they don't seem to be following the agenda very strictly today
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Commissioner Moore is now present.
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Chief Investigator Jerome Warfield is now giving his report. He started by thanking everyone for trusting him with this role.
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Warfield said he hopes to give everyone some insight into how OCI processes complaints. https://t.co/FzhNoLB5dq
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https://t.co/SAEoEfxor2
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Warfield said OCI is the line of communication for those citizens feelings their rights have been infringed upong https://t.co/7H0EbD7GRE
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"Our job is to investigate every complaint that comes into that office," Warfield said. https://t.co/Pd6OPxlAQ5
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here's the link: detroitmi.gov/how-do-i/repor… https://t.co/edHHeOxWZO
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Warfield said the most common complaints are demeanor and procedure. https://t.co/2FryTaRFIL
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Warfield said this was the hardest slide to make because it's impossible to condense everything into one presentation. https://t.co/7qf05KuBTE
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https://t.co/iC7lKq2PHG
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Warfield said these are the four standard findings at the end of an OCI investigation https://t.co/cbrxbVUd9T
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Ferguson wants to know if the online complaint form can be streamlined. Warfield said he's held meetings about how to more effectively streamline the investigative process, and the complaint form is part of that.
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Commissioner Bell said 45% of complaints DPD has had fall under "demeanor" over his last 9 years with BOPC. He said this is one of the highest in the country and something needs to be done about it
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Warfield said he has instructed staff to make a "frequent flyer list" of officers who appear in multiple complaints that way patterns can be found if they exist.
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Holly wants to know details about the follow-up process that a resident gets after submitting a complaint.

Warfield said citizens get a call every 10 days depending on the length of an investigation and they are informed once the investigation is concluded.
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Commissioner ? wants to know some of Warfield's goals for the next two years.

Warfield said he wants to:
- restructure and reorganize the complaint process
- "remove the toxic environment"

Warfield said employees have literal PTSD from working in that office 1/2
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"I'm not exaggerating," Warfield said.
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Ferguson said Warfield should expect to be around longer than 2 years.

He also said Warfield doesn't have the history to diagnose anyone with PTSD. Warfield said he has a medical degree in counseling and he actually is qualified. Ferguson chuckled.
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The secretary report by Secretary Victoria Shah started with an update on a partnership with Wayne State.
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https://t.co/NqR2Gall9D
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https://t.co/O1sWeSOu3P
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https://t.co/DWlyl0GFiT
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The final itemized budget was been requested.

Shah said City Council has yet to approve the budget for FYS 2023 with the new board positions. The board approved two more positions then are allowed.
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No committee meetings have been scheduled for May.
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Citizen Complaint Updates: https://t.co/PJFoDEk3S5
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https://t.co/XK0VdJGHsD
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https://t.co/fubq8FdhNB
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https://t.co/IZS4wd3NLS
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https://t.co/hP0ft2kEYw
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https://t.co/Q6cyLKNQpI
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This concludes the Secretary's Report.

Ferguson said he's been asking people to join the policy committee, it currently only has 2 members. He said nobody has stepped forward to lend their support.
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Ferguson said the solution should be to pass all policies on the first pass, send the policy out to media agencies and wait until the public comes to the full board to voice concerns.

Bernard volunteered for the committee.
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The policy committee will have an emergency meeting on May 9, Burton said.
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Burton said Ferguson has attended every committee meeting, except for the policy committee.

He also said a member resigned from the committee, but he did so in a responsible and respectful manner.
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Burton said they are reviewing important policies but they can't do anything due to lack of bodies at the table.

Ferguson and Burton are now talking over each other.
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Ferguson said he informed Burton he couldn't attend the meeting due to lack of availability in his schedule.

Ferguson is now talking to "Mother Bernise"?
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Ferguson said he thinks it's a better idea to let the public decide what's wrong with the policies considering the commissioner's schedules are too busy to attend committee meetings.
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Bernard wants to know if policies can be shared with ACLU considering there's no lawyer on staff.

Burton said ACLU has been invited to the policy committee on May 9 at 3pm and May 10 at 3pm to give a presentation
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Burton said once Bernard is officially on the committee they will have a quorum.
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The parliamentarian said Ferguson is ex-officio on all committees, meaning he "has the right but not the duty to attend any commitee meeting". If he does attend, he has a right to vote but the quorum cannot be dependent on the Chairperson.
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Holley said the work should be given to BOPC's staff.

Bernard said BOPC doesn't have a staff, they have no lawyer or policy expert.

Holley said that's false. "We have a staff that can help with these policies...let them help with this policy thing"
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Holley said commissioners need to give him grace because of his old age. He said he's an average guy who isn't qualified to make policy decisions and that should be left to the "staff"
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Burton said he has a history of working on policies with city commissioners and has put in countless hours of time reading every single policy. This is frustrating when the committee can never vote on anything, Burton said.
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Burton seems to be lobbying the commissioners to see who will be the final member needed for a quorum.
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Announcements:

The next community meeting will be held on May 11 at 6:30 p.m.

The June community meeting will be June 14 at 6:30 p.m.
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Burton is making a motion to adjust the budget to eliminate 2 positions so they can add 2 investigators, which are much needed at the CIO.
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Whoops I meant OCI!
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There's an error in the agenda. The June community meeting is on June 8, not June 14.
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We are now moving into a closed session for the Board to consider Administrative Leave Without Pay but with Medical Benefits for Police Officer Brianna Cabano and Dayna Sears.
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There are two separate motions, one for each officer, which must be voted on separately. So it looks like the board will be back with their vote on Brianna Cabano and then will go into closed session again to discuss Dayna Sears.
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We are back in session at 6:31 p.m.
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Burton made a motion to hold the vote for 14 days. Fergeson said this motion is out of order.

Fergeson made a motion to approve the request to spend Brianna Cabano. Nobody seconded, therefore the motion died.

We are now moving back into closed session to discuss Dayna Sears
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Bernard voted no. Holley abstained. Presley voted no.

5 yes votes, 3 no votes. The motion passes and closed session resumes.
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There was lots of confusion among the board members today when it came to the voting process and how to file a motion.
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The meeting reconvened at 6:48 pm to vote on White's request for the Board to consider Administrative Leave Without Pay but with Medical Benefits for Police Officer Dayna Sears.

No motion was filed, meaning it has died.
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Burton is giving a final plea for members to join the policy committee, which now has 3 members.
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Ferguson filed a motion to adjourn but members have already left the table. The meeting adjourned at 6:50 p.m.
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This concludes my coverage of the Detroit Board of Police Commissioners meeting today for @DetDocumenters.
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If you see something inaccurate please email documenters@outliermedia.org with the subject line “Correction Request”.

Agency Information

Detroit Board of Police Commissioners

The Board of Police Commissioners has supervisory control and oversight of the Police Department, including plenary authority over citizen complaints and the power to appoint fact finders, subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The Board also appoints a civilian as Director of Police Personnel and approves all promotions made by the Chief. The 11 member board is comprised of 7 elected members from each city council district and 4 members appointed by the Mayor. https://detroitmi.gov/government/boards/board-police-commissioners

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