Former Columbia police officer Rob Sanders will not have his day in front of the Citizens Police Review Board after all.
The board decided at its Wednesday meeting it didn’t have the authority to review his termination from the Columbia Police Department. Sanders was fired in September after an August incident involving excessive force in a holding cell.
Sanders’ attorney Scott Jansen said he filed an appeal to the review board following Sanders’ termination. He also said he filed the appeal with the city’s Personnel Advisory Board.
“When I first raised the notion of going to the CPRB because I believed and believe that’s the proper procedure, I was told this doesn’t qualify because it’s not a complaint,” Jansen said. “This clearly was a complaint.”
Assistant City Counselor Rose Wibbenmeyer advised the board it had no authority to act and the appeal should go before the Personnel Advisory Board.
“In this case, the chief of police has already terminated the employee in which this is involving,” Wibbenmeyer said. “The board then loses the power to act, because the board is just making recommendations that can impact a current employee, not someone who is no longer an employee.”
According to city ordinances, the Personnel Advisory Board is made up of local residents and is responsible for hearing appeals from disciplinary actions against city employees that result in demotion, suspension or dismissal. Wibbenmeyer said the ordinances state the board must review a case unless the complaint is withdrawn or the officer is no longer employed by the city.
Jansen said he didn’t understand why the review board was unable to review the harshest form of officer discipline, when its charge is to review disciplinary actions.
“What I don’t understand is why the city so vehemently wants to avoid you talking about this case,” Jansen said. “I didn’t make this system. I didn’t dream it up. But I think this is the proper procedure to be followed and I believe that if you don’t take the appeal, you’re violating the law.”
Jansen said he felt the ordinance allowed Sanders to complete a review board appeal and then appeal his discharge to the Personnel Advisory Board afterward, but Wibbenmeyer said the board doesn’t have the authority to hear Sanders’ case because he had already been fired.
“What the review board is to do is to explore the underlying issues and how then they can provide some civilian oversight of what’s going on with regard to complaints,” she said. “The board doesn’t make a determination whether or not someone should be fired or not.”
After a discussion, the board decided to accept Wibbenmeyer’s explanation and move on.
Other business discussed included funding for a mediation program and introducing new police officers to the review board process. Wednesday was the first meeting for new board members Jerry Kennett and Mitch Richards, who filled two vacancies on the board.