Police Advisory & Oversight Board - December 12, 2024 Minutes
MINUTES
Meeting: Police Advisory & Oversight Board Regular Meeting
Date: 12.12.2024
Time: 5:00 p.m.
Location: Fargo Police Department Gateway Commons
The Regular Meeting of the Police Advisory & Oversight Board of Fargo Police Department was held in the Gateway Commons at the Fargo Police Department at 5:00 p.m., Thursday, December 12, 2024.
The Police Advisory & Oversight Board members present or absent were as follows:
Present: Scott Paul, Todd Spellerberg, David Hogenson (virtually), Joanna Johnson, Conrad Thomas, Lucrachia King, Tonya Greywind.
Absent: None.
Item 1. Welcome and Introductions
Chair Greywind welcomed Members to the meeting and introductions were made.
Item 2. Approve or Amend Agenda
Member Paul moved the Agenda be approved as presented. Second by Member Spellerberg. All Members present voted aye and the motion was declared carried.
Item 3. Approve or Amend Minutes
Member Paul moved the minutes of the November 14, 2024 Police Advisory & Oversight Board meeting be approved as presented. Second by Member King. All Members present voted aye and the motion was declared carried.
Item 4. Public Comment Period
• No one signed up for public comment.
Item 5. Feedback on Brown Bag Meeting- Possible Next Date
• The Chief’s Executive Assistant will send out another poll for a date in January. Vice Chair Thomas requested that it not be the first week. Member Paul suggested sometime between the 13th and 24th.
Item 6. Legislative Updates- Chief Zibolski
• Still moving ahead on the owner liability law for fleeing vehicles; there’s a draft with state legislators.
• Moving forward on requesting to increase fines for dangerous driving.
• Meeting with legislators on homelessness and mental health. Chief Zibolski doesn’t know if there will be any legislation on that.
• Member Johnson asked if Chief Zibolski had done a briefing on homelessness. Public Health did a presentation. Lt. Moser provided a brief update.
• On December 19th at 2:30pm there will be a press conference on preliminary crime numbers and the first 90 days of the traffic safety team.
Item 7. FPD Presentation- Domestic Violence Order/Restraining Orders – J. DiPalma and Lt. Moser
• An overview of common terminology for protection/restraining orders was provided.
• Application Chain of Events (when and the order is approved)
o Protected party completes paperwork
o Reviewed by judicial referee
o Protected party is notified of decision
o Protected party drops off paperwork to the Sheriff’s Office
o Deputies serve the responding party a temporary order
o A hearing takes place
o The permanent order is issued
• Member Johnson asked for clarification on if enforcement action can be taken if the order has not been served. It cannot.
• Member King asked about how long an order is valid for, if it needs to be reapplied for. The standard term is one to two years, but it can be longer. It needs to be reapplied for when it gets close to the expiration date.
• Member Paul asked if there is still an application fee in cases where an arrest has been made. Just for the Disorderly Conduct Restraining Order, when the paperwork is submitted.
• Member Johnson asked if the protected party’s personal information (address, phone, etc.) is on the order. That information is redacted by the court.
• Officer Protocol
o The names of the individuals involved in the incident are run by full name and date of birth
o If there is an order and the order has been served, it will appear as a CWIS “hit”
o The order will be confirmed at the Cass County Jail or with the agency who entered the order
o If the order is “confirmed”, the officer can now make an arrest based upon the type of order and if probable cause (PC) is established
• Domestic Violence Protection Order Review
o Temporary Orders
Issued after review of the judicial referee who deems that the following conditions have been met: exigency and likelihood of repeated behavior
Must be served to the responding party before it is in effect
Any contact made before it was served is not a violation
Temporary orders expire after the hearing
If PC is established, an arrest shall be made
o Permanent Orders
Issued after hearing
Can be in effect for as long as the judge deems appropriate (the most common time frame is one to two years from date of approval)
If PC is established, an arrest shall be made
If either of these orders are violated, the first offense is an A-misdemeanor. A second offense is a class C-felony
o Chief Zibolski added that if the jail is full and cannot take a prisoner, the arrest cannot be made because the offender cannot be held. This has been a not uncommon occurrence for the past year and a half or two years due to county jail capacity and exacerbated by the state penitentiary decision to not take any county penitentiary prisoners.
o Member Paul asked for clarification that if someone was a repeat offender, it would be a class C felony, they would be arrested but then released because the county jail was full. They would not even be arrested because they couldn’t be held because the jail couldn’t take them. An A-misdemeanor can at least be booked and released at the Fargo Police Department. A felony cannot.
o Member Paul asked if this has happened this year, that the jail denied a felony arrest. Chief Zibolski confirmed that it has.
o Member Spellerberg asked if the offender is not brought to the jail, if the fine is still applied. Chief Zibolski said if the arrest cannot be made, the fine is not applied.
o Chair Greywind asked how officers know the jail is full. Officers will call the jail upon establishing PC for an arrest.
o Lt. Moser provided a scenario for a violation of a domestic violence protection order.
o Member Spellerberg asked where the liability lies when the officer shall make an arrest but doesn’t due to the jail not being able to take the prisoner, and then the offender goes back and does something.
o Member King asked if guidance could be provided for citizens on who to contact in regards to putting pressure the jail solution. Chief Zibolski said that would be your state representative as the state penitentiary not taking new prisoners (leading them to stay in the county jail) is the DOCR’s decision.
• Orders Prohibiting Contact (OPC)
o Issued for any crime of violence
o Not in effect until the responding party has been served
o In order for the OPC to be lifted, the protected party must request in writing and appear before a judge
o Up to the judge to lift or amend the OPC
o The OPC terminates at the end of the court proceedings
If the offender immediately pleads guilty, the OPC is lifted
o Strongly recommended that victims have their own OFP at the same time as an OPC
o If PC exists an arrest shall be made
o If this order is violated it is an A-misdemeanor
o Chair Greywind asked if the protected party would have to pay the fine if they got their own OFP. There is an $80 fine for a Disorderly Conduct Restraining Order. For a Domestic Violence or Sexual Assault Protection Order, there is no fee.
o Lt. Moser provided a scenario for a violation of an order prohibiting contact.
o Jordan DiPalma added that if the protected party and respondent share a residence, it is up to the respondent to find a different place to stay. The respondent can make a one-time appointment with the Sherriff’s Office to retrieve their property with a deputy escort.
o Member Spellerberg asked if the respondent is charged a fee for the escort. They are not.
• Disorderly Conduct Restraining Order
o Commonly referred to as a “restraining order”
o May be issued for incidents where the conduct is defined as “disorderly conduct”
o Not in effect until the suspect has been served
o Order can only be in place for up to two years
o If PC exists, an arrest may be made
o If this order is violated, it is an A-misdemeanor
o There is an $80 fee to apply for this order.
o Cass County will sometimes waive the $80 fee, depending on the circumstances
o Lt. Moser provided a scenario of a Disorderly Conduct Restraining Order violation.
• Main Road Blocks
o When the order has not been served
o When the protected party contacts the responding party first
o When the violation occurs in a public place where both parties have the right to be there
o The order is not valid while the responding party is in custody
This is due to wording in North Dakota Century Code.
• Member Johnson asked if it’s necessary to have the Rape and Abuse Crisis Center help with a domestic violence protection order or if someone can apply on their own. A person can apply on their own, though it’s recommended to have a lawyer or certified advocate to help due to legal language and they know specifically what judges are looking for when granting a permanent order. Member Johnson asked how someone applying on their own can know which kind of order to apply for. That’s on the legal self-help on ndcourts.gov (the North Dakota Supreme Court website).
• Member King asked about the distance factor when the people are in separate vehicles. Is the road considered a public space? It comes down to an investigative piece in that scenario.
• Member Johnson asked about serving the order. Does it have to be served by the Sheriff’s Office or can the Fargo Police Department serve? It has to be the Sheriff’s Office. It has to go through the county, not the city.
Item 8. Mental Health ILP Update – Lt. Moser
• The Fargo Police Department, healthcare facilities, and the behavioral health side of things meet monthly. An Intel Analyst puts together a comprehensive report on the top ten people that officers are dealing with on the street for the month, what officers are seeing; they discuss moving forward steps and how those people can be helped. There are roadblocks with HIPAA. It can be hard to quantify the success, but they don’t see a bunch of repeat top individuals month-to-month.
Item 9. Presentation Questions
• There were no additional questions on the presentations.
Member King wanted to acknowledge the successful use of the FLOCK system recently.
Item 10. Adjourn
The time at adjournment was 6:14 p.m.