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HomeMy WebLinkAbout06-12-2006 Police Citizens Review Board ITEM NO.1 ITEM NO.2 ITEM NO.3 ITEM NO.4 ITEM NO.5 ITEM NO.6 ITEM NO.7 ITEM NO.8 ITEM NO.9 ITEM NO.1 0 AGENDA POLICE CITIZENS REVIEW BOARD June 12,2006 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street CALL TO ORDER and ROLL CALL CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 05/09/06 . ICPD Use of Force Report - April 2006 OLD BUSINESS NEW BUSINESS . Draft of PCRB 05-06 Annual Report PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. MEETING SCHEDULE and FUTURE AGENDAS . July 11,2006,7:00 P.M., Lobby Conference Room . August 8,2006,7:00 P.M., Lobby Conference Room . September 12, 2006, 7:00 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Conference Room ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: June 6, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on June 12, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 06/12/06 . Minutes of the meeting on 05/09/06 . ICPD Use of Force Report - April 2006 . PCRB Complaint Deadlines . PCRB Office Contacts - May 2006 . Draft of PCRB 05-06 Annual Report Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.orq DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - May 9, 2006 CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Capt. Torn Widmer of the ICPD and Public, John Kirby RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar as presented or amended. . Minutes of the rneeting on 03/21/06 . ICPD General Order #98-01 (Written Directive System) . ICPD General Order #99-03 (Prisoner Transport) . ICPD General Order #99-05 (Use of Force) . ICPD Use of Force Report - February 2006 . ICPD Use of Force Report - March 2006 . ICPD Departrnent Memo 06-14 . ICPD Quarterly/Surnrnary Report (Quarter 1) - IAIR/PCRB, 2006 Motion carried, 5/0. OLD BUSINESS NEW BUSINESS None. None. PUBLIC DISCUSSION Kirby inquired about handouts and the consent calendar. Kirby was also interested in all of his options for filing a complaint and what the guidelines were to be able to file a complaint. At this time (7:10pm) a tornado warning was announced and the commission went to the designated tornado safe area for shelter. The meeting reconvened (7:32pm) with Barnhill absent. Kirby had several rnore questions regarding process and alleged allegations. Pugh and Roth explained to Kirby that in order for the Board to look in to his complaint, a complaint form would need to be filled out and returned to the City Clerk's office Kirby was supplied with a complaint forrn and a copy of Title 8, Chapter 8 of the City Code. PCRB May 9, 2006 Page 2 BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION None. None. Motion by Engel and seconded by Larson to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Barnhill absent. Open session adjourned at 7:43 P.M. Returned to open session at 7:52 P.M. Motion by Horton and seconded by Engel to set the level of review for PCRB Complaint #06-01 to 8-8-7 (B)(1 )(a), on the record with no additional investigation. Motion carried, 4/0, Barnhill absent. Motion by Horton and seconded by Larson to request a 30 day extension for PCRB Complaint #06-01 due to timelines and scheduling. Motion carried, 4/0, Barnhill absent. MEETING SCHEDULE . June 13, 2006, 7:00 P.M., Lobby Conference Room . July 11,2006,7:00 P.M., Lobby Conference Room . August 8,2006,7:00 P.M., Lobby Conference Room . September 12, 2006, 7:00 P.M., Lobby Conference Room Larson will possibly be gone for the June meeting. ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 4/0, Barnhill absent. Meeting adjourned at 7:55 P.M. ~~O~ _t"'l II II II II 2;l>-;l>--C 00-0-"" ~ ~ " " " ~ - = " ~-a M '" " c: ~ " Q. II 2 o - ., 3 " <rtl - - ~ :i" ::: IJQ 0- ~ ~ -< f--.. . .- - ....- - . .. - I u - f-- -. -- I .-- -- - .-- - I - - - I ...-.J I OFFICER 60 37 47 36 35,20,55,60 95 18 ,...- IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT April 2006 DATE 040206 040206 040306 040406 040606 040706 041006 :-l__ INC# INCIDENT 15324 Domestic 15361 Suicidal Subject 15474 Armed SubjcC' 15678 Injured Animal 16067 OWl 16098 Fight in Progre.;s 16743 Medical Assist FORCE USED Subject fled from Officers during a domestic assault investigation. Officers used control techniques to apprehend the subject and place them in handculTc;. Officers dIT\\" sidearms \vbile taking a subject into clIstody \vl1o had attempted to hurt themselves with a knife. Subject was taken into cllstody \vithoul incident. orllcers drew sidearms when confronting a subject y.,'ho had assaulted another \\'ilb a knife. Subject was taken into clIstody \vithout incidC11l. Officer lIsed sidearm 10 dispatch an injured deer. Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. Subject then refused to \valk or take a seat in a squad car. Officers used control techniques while escorting thc subject. Subject Vias involved in a verbal confrontation with another. Officers used control techniques to escort subject away from the incident. Subject \\'as placed under arrest after assaulting a Police Officer. Subject resisted handcuffing ctforts. Officers used control techniques to place the subject in handcuffs. KI 041106 16961 Fight in Progrc~s Subject \vas interfering with an investigation and \vas told to step away. SubJect refused. Officers used control techniques 10 escort the subject a\vay. Subject was then placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 19 041106 17129 Disturbance Subject had been placed under anTSl and resisted handcurring efforts. Officers used control techniques to place the subject in handcuffs. 60 041206 17170 Public Intox Subject tled from Police during all investigation. Officers llsed control techniques to apprehend the subject and place them in handcuffs. 46 041406 17732 Then Subject had been placed under arrest and hanclcuffcd. Subject then attempted to flee. Officers used control techniques to prevent the attempt. 5K 041506 InK7 Disturbance Subject assaulted a Police Officer. Officer used control techniques to place the subject in handcuffs for an arrest. 46 041606 1R058 Injured anima: Officer used sidearm to dispatch an injured groundhog. ]8,58 042006 18743 Domestic Omecrs drew sidearms \vhen the:y observed a subject pointing a firearm at another. Subject was taken into custody without incident. 8425 042106 1K970 Criminal Mischief Subject was placed under arrest and resisted handcuffing efforts Vo/hile also attempting to assault Otticers. Officers used control techniques and a chemicJl irritant to place the subject in handcuffs. 16 042206 19221 Fight in Progress Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques and J chemical irritant to place the subject in handcuffs. 35 042306 19559 Public Intox Subject attempted to enter a squad car where a subject who had been placed under arrest was seated. Officers Llsed control tcclmiques to escort the subject a\vay from the squad car. 15 042306 19559 Trespass Subject attempted to flee after being stopped for an investigation. Officers used control techniques to prevent this and place the subject in handculls. 85,59,22 042406 19707 Trespass Subject \vas placed under arrest and resisted handcuffing efforts. Officers used control teclmiques to place the subject in handcuffs. 85 042506 19920 Search Warrant Officers drew' sidearms and long \veapons to secure a residence so that a search warrant could be served. Subjects in the residence were taken into custody \vithout incident. 8U8,n03 042706 20140 Intox Subject was placed under arrest and resisted handcuffing efforls and attempted to assault efforts. Officers used control techniques and a chemical irritant to place the subject in handcuffs. 13.48.19,32 042706 20262 Fight in Progre~s Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 58 043006 20683 Public Intox Subjecl was placed under arrest and resisted handcuffing etlorts. Otllcers used control tedll1iques to place the subject in handcuffs. , June 12, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-01 Filed: Chief's Report due (90days) Chief's Report filed: PCRB Report due (45days): 30-Day Extension Request: PCRB Complaint #06-02 Filed: Chief's Report due (90days): 30-Day Extension Request: Chief's Report filed: PCRB Report due (45days): 02/03/06 05/04/06 04/28/06 06/12/06 07/12/06 03/02/06 05/31/06 06/30/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2006 Date Description None. DRAFT #1 POLICE CITIZENS REVIEW BOARD in "iD9l) ordinance Hie Iowa City Police Citizens Review Board consists of five fnnmbers the City Council. The PCRB has its OV'ifJ PH:: Board Wt'.'S to ,3ssure that investigations Into claims of rnisccnduct ;J(o;; in a manner that IS farr, thorough, and accurate, and to assist the Police Clliel, tile City and the City Council In cvaluating the overail pe'fofmance 01 tile Police PolIce inveshgatlons into com f'he Board is also 10 and to provide an ;jnnuf:ii forth the number::; of police rTlisconducL I may fmums and/cr designed tc encOl and at)out police procE dures, and the Board ccmplles with Chapter 8 of the Iowa City Code and lhe amj Oper;:itinQ Procedures and Guidelines, AND ACCOMPLISHMENTS FOR FISCAL YEAR 2006 The PCRB Dunng business holds rnonthly the Board Tuesday and Three meeting 3 were as nc.;cessary due to !ack of board ICPD Policies/Procedures/Practices Reviewed By PCRB The iCPD regularly provides tile Board With monthly Use of Force Reports, Internal InvestigaLon Logs, Demographic Reports various Training Bulietins Tile Department aiso previded various General Orders far the Boards review and comment A senior member cf the Police Department attends tile open et the PCRB meetings, Cilld is available tor any questions Board members rlave rC9ardinn tnese reports. PreSt:ntalions None Board Members Roger Williams term ended in September and Michael LarsCiu was tor a tour-year term tu October ofticers were nominated With Greg Roth as Chal! and Candy Barnhill as Vice Cilarr. COMPLAINTS Number and Type of Allegations Four complaints (05-03, 05-04, 06-01, 06,.02) were filed during the fiscal July 1, 2005 ~ June 2006. Four public reports were completed during this fiscai )eriod (05-02, 05-03, 05-04, 06-01) The: four completed public reports Involved 6 allegations, Allegations AggreSSiveness and Improper Language PCRB Annual Report FY 2006 - (Approved ??) - 2 1. Improper Conduct 2. Differential TreahTlont 1 Failure to properly 2 Usin~l a a complaint. tone when speaking to complainant ,. Amendment Right Level of Review fhe Board docidl"d, by slmplo malorily vole, the levol of reView to more Df the SiX levels specified In trle City Code per complain i' eaoh report. one or a Level b Level c Level d On tile record with fiO addifional investigafion Interview or meet with compiainant Interview or meet With named officer Request additional Investigation by Chief or City Manager, or request police assistance In the Board's own investigation Board pertorms Its own additional Invesligatlor Hire independent investigators 4 o o n U Levele Level f o () The Po!lce Department investigates complaints 01 misconduct The summanzes the results of these investigations and indlcales in a (the Chiefs Report) to l!lle PCRS whether allegations dre sustained or not sustained. (I complaints are made the Cilii;t, the City Manager eonduets the investigation and prepares and submits the reports.) The reviews both the citizen's Complaint and the Chiefs Repr,rt and decides whether ltle srlould he sustained or not sustained The Board prepares a report which is submlttod to the Council Of the 6 allegations listed in trie tour complaints tor which the Board reported, none v\'ere sust;:]ined The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in two of the reports: <;;omplrjl]1t #O~-03 The Police Citizens ReView Board considered ICPD Generai Order Number "Oft Duty Conduct Powers ot Arrest"; ICPD General Order Number 99-07, "Traffic"; and ICPD General Order 01-0t "RaCial Proliling" in corning to its conclusions ? Name-Ctearing Hearings The ordinance requires that the Board not issue a report cnt cal ollhe conduct of a sworn oliicer after a name-clearing hearing has been held During this fiscal period, the Board did net sohedulc any name-clearing heanngs. PCRB Annual Report FY 2006 - (Approved ??) - 3 Mediation Officers and compialnants are notified by mail that formal mE'diation IS available to them at any in the compialnt process befere ttie Board adopts its public repori. All parlies Involved must cerlsent to a request for mediation No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against three officers in the four complaints this report covers. ICPD Intemallnvestigations The Board reviewed the quarterly ICPD Intemallnvestigation3 provided by IhE? Chief of Pelice. COMPLAINT DEMOGRAPHICS The following IS demographic Information from the four complaints that were fiied in this flscai year Because complaInants provicle this voluntarily, the clemograp lie information is incomplete Category/Number of Complainants ~ Over 21 3 Unknown 1 National Oriqin: US Unknown 1 3 African American Unknown 1 3 Heterosexual 1 Unknown :3 Male Unknown 2 2 Male Unknown 1 :3 Marital Status: Singie 0 Marrieo Unknown :3 Reliqion: Unknown 4 Mental Disability: Unknown 4 Physical Disabilitv: Unknown 4 BOARD MEMBERS i_oren Horton Greg Rolh Chair Roger \/Villianls/Michaei Larson Cancly Barnhill, Vice Chair Beth Engel