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Community Review Board accepts OPA investigations, recommends policy clarifications and requests chief review in two cases
Summary
The Community Review Board reviewed three OPA compliance reports, accepted OPA findings in two matters with suggested clarifications, recommended policy changes on towing and documentation, and amended two reports to request the chief of police review the officers’ conduct.
The Community Review Board on Feb. 24 reviewed three compliance-review reports from the Office of Professional Accountability and voted to accept OPA’s investigations as satisfactory with board recommendations aimed at clarifying practice and policy. The board also voted to ask Chief of Police to review the conduct of two involved officers.
The board considered: (1) NCRB case CC2023-028 (allegations against Officer Dylan Moats of discourtesy and lack of empathy after a report of stolen firearms); (2) NCRB case CC2024-001 (allegations against Officer Colin Luce regarding honesty/truthfulness and turning off his body-worn camera after offering to help a motorist with tow fees); and (3) NCRB case CC2023-037 (allegations against Officer Brett Seaman for deficient or inefficient performance of duties in a hit-and-run response).
For CC2023-028 (Moats), OPA reviewed body-worn camera footage and concluded no policy violation; the board recommended sensitivity training and requested that OPA provide notification dates to the complainant and officer and clarify OPA policy about matters closed after a preliminary investigation. The board accepted OPA’s finding of exoneration for courtesy and adherence to policy.
For CC2024-001 (Luce), the board heard that the officer turned off his body-worn camera before discussing offering money to a complainant for a towing fee. OPA found the officer had violated the recording policy and recommended a written reprimand (category E). The board noted the lack of an MMPD policy on officers’ on-duty charitable giving and recommended MMPD develop rules requiring mandatory reporting and documentation for any on-duty donations or assistance. The board also recommended clearer impound/towing procedures that require civilians be notified of upfront towing costs, given contact information for the towing company, offered a written authorization/release when applicable, and informed of the vehicle’s location. The board amended its report to add a recommendation that Chief Drake personally review Officer Luce’s conduct; that amendment passed.
Board staff provided a contract excerpt indicating the City’s light-vehicle per-service-call towing rate in the vendor agreement is listed as $100; the complainant in CC2024-001 reported being charged $247 and said she was not given documentation or the vehicle location, which contributed to subsequent loss of the vehicle due to fees and storage. The board cited that discrepancy in its recommendations to clarify towing practices and documentation requirements.
For CC2023-037 (Seaman), OPA concluded the officer failed to conduct a preliminary investigation and did not collect identifying information from a hit-and-run suspect; a later traffic investigator developed the case and obtained warrants. OPA sustained violations for failure to follow preliminary-investigation and traffic-crash documentation policies. The board concluded Officer Seaman’s actions were deficient and inefficient in performance and amended its report to request that Chief Drake personally review the officer’s conduct and consider training and supervisory follow-up.
Other business: the board asked staff to send a follow-up letter to outside counsel (Butler Snow/Ed Stanton) about the status of a separate long-running investigation and passed a motion to place that item on the executive committee agenda (meeting week of March 10–12) if the board had not received a response.
Votes at a glance - CC2023-028 (Officer Dylan Moats): OPA finding: exonerated for courtesy and adherence to policy; CRB action: accept OPA findings; recommend sensitivity training and ask OPA to provide notification dates (motion passed). - CC2024-001 (Officer Colin Luce): OPA finding: sustained violation for recording policy; OPA action: written reprimand (category E); CRB action: accept OPA findings, recommend creation of policy on on-duty charitable donations and clearer impound/towing documentation; CRB amendment: ask Chief Drake to review officer’s conduct (motion passed). - CC2023-037 (Officer Brett Seaman): OPA finding: sustained violations for failure to conduct preliminary investigation and complete traffic-crash documentation; CRB action: accept OPA investigation as satisfactory, conclude deficient/inefficient performance and add recommendation that Chief Drake review officer conduct and supervisory practices (motion passed).
Ending: The board adopted its reports with the stated modifications and directed staff to return with follow-up materials and proposed edits for policy recommendations.
