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HomeMy WebLinkAbout09-12-2006 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. 10 AGENDA POLICE CITIZENS REVIEW BOARD September 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 08/08/06 . ICPD SOG #01-23 (Recruitment/Selection) . ICPD Department Memo 06-29 (March-June Use of Force Review) . ICPD Use of Force Report - July 2006 . Correspondence from Howard and Madonna White OLD BUSINESS . City Code Section 8-8-6(E) / Policy & Procedure for extension requests NEW BUSINESS . Select Nominating Committee 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 . October 10, 2006, 5:30 P.M., Lobby Conference Room . November 14, 2006, 5:30 P.M., Lobby Conference Room . December 11, 2006, 5:30 P.M., Lobby Conference Room . January 9,2007,5:30 P.M., Lobby Conference Room ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: September 8, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on September 12, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 09/12/06 . Minutes of the meeting on 08/08/06 . ICPD SOG #01-23 (Recruitment/Selection) . ICPD Department Memo 06-29 (March-June Use of Force Review) . ICPD Use of Force Report - July 2006 . Correspondence from Howard and Madonna White . PCRB Complaint Deadlines . PCRB Office Contacts - August 2006 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 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - August 8, 2006 Chair Greg Roth called the meeting to order at 5:35 p.m. Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson None Staff Kellie Tuttle Legal Counsel Catherine Pugh Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06-02. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION Motion by Engel and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 07/11/06 . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD Use of Force Report - June 2006 Motion carried, 5/0. Meetinq times - Motion by Barnhill and seconded by Larsen to move the meeting time to 5:30 for the next six meetings as a trial period and re-evaluate at that time. Motion carried, 5/0. Citv Code Section 8-8-6(E) / Policv & Procedure for extension requests - Motion by Barnhill and seconded by Engel to table the discussion until legal counsel is available. Motion carried, 5/0. None. None. None. None. PCRB August8,2006 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by Horton 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 governrnent 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, 5/0. Open session adjourned at 5:42 P.M. Returned to open session at 6:34 P.M. Motion by Engel and seconded by Barnhill to forward the Public Report as amended for PCRB Complaint #06-02 to City Council. Motion carried, 5/0. MEETING SCHEDULE . September 12, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . October 10, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . November 14, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . December 12, 2006, 5:30 P.M., Lobby Conference Room - Time Changed ADJOURNMENT Horton will not be available for the September meeting. Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0. Meeting adjourned at 6:37 P.M. ~ -< i~ :=:0 "'u ... >~\O ~...~ oou~ zz-< ...-<... N~",", "'z"" C... U"", ...""' U-< ... .... o ~ 'OJ' ... .. ~ g: 00 ~ ~ ~ ~ ~ - .~ 00 ... '" '" 6 ~ !!'I ~ ~ ~ ><: ><: - 0 r- .... ~ ~ ><: ><: ><: ~ \i; ~ ~ ><: ~ ~ ~ l{) ~ ~ ~ ~ ~ ~ ~ - z z z z z ... ~ !::! ><: ><: ~ ><: ><: .., ... !!'I !!'I ~ ><: ~ ~ - 0 0 .... => ~ ~ ~ ~ ~ ~ - ~ ~ . r- oo 00 '"' '"' >2 :5 >2 >2 >2 rol~ - - - - - 0; 0; - - ,..rol '"' '"' '"' rol ... ... - ~ - - Q Ol = .....~ .. = ~ ...... ...- = Q .. Q Z = E .. .. ..- .. ... '" ... .. ... ... .. " ... .. .. :.: = Q Q ... .~ .. Ul'l rolrol ...:l= " ~...:l "Cl '" ... '" '" = ,r,. c.l ~ e .. = ...~~~~ i:l i:l i:l "'e .. CI:l v.I rI:l ..... ~~~~~ II II II II II ~Oa~! ~ ~ Iowa City Police Department - Standard Operating Guideline SOG#: 01.23 Subject: RECRUITMENT / SELECTION Section: ADMINISTRATION Cornman Si tu:7" Effective date: Au ust 28, 2006 Reference: Issue #: 1 . Origina//ssue: DECEMBER 28, 2001 Purpose: The Iowa City Police Department recognizes the necessity of attracting quality personnel for sworn and civilian positions who are motivated, intelligent, ethical, progressive and dedicated and whom will be representative of the lowa:Qity Community. Q ? <O~O en )> ==i Gj I Definitions: 11 :"") Procedures: .::~ ~ :z , ,T1 ""---1 .......) Recruitment r--l -:::.~~ '-;::-/'- ~~ S> U) o N While all members of the Department should act as recruiters during their daily contacts with the public, the responsibility and authority of the recruitment program belongs to the Human Resource/Personnel Department of the City of Iowa City. MEMBER INVOLVEMENT In conjunction with the City's Director of Human Resources/Personnel, the Chief of Police may establish a team of police department employees for the purpose of recruiting quality police department personnel. The Director of Human Resources/Personnel will coordinate the formal recruitment efforts of the department with members of the team being utilized as needed. The chief of police may assign an employee(s) to specific recruitment assignments as available. These assignments include but are not limited to: 1. appearance at school career days 2. appearance at college "job fair" days 3. appearance at law enforcement training programs 4. appearance at community groups and organizations 5. appearance at other gatherings / community groups which may serve as a contact source for potential candidates Prior to initiating recruiting activities, those personnel involved will receive training that provides both knowledge and skills relevant to the recruiting program. This training may include but is not limited to the following topics: 1. The City's policies regarding equal employment opportunity objectives 2. The recruitment plan used by the Department Employees appearing. at the above type occasions will submit a "Request for Service" report to the Commander of Administrative Services or designee. Upon the beginning of the next formalized hiring process or every three years, whichever is less, the Chief of Police shall direct that an evaluation of the recruitment contacts from the previous process be conducted. This evaluation should, to the extent possible include: 1. determination of racial, ethnic, and gender composition of the most recent group of applicants 2. determination of the racial, ethnic, and gender composition of those advancing to the different stages of the testing process 3. determination of the racial, ethnic, and gender composition of those being placed on the certified civil service list 4. determination of the racial, ethnic, and gender composition of those being hired from the civil service list . 5. determination of the manner in which those persons representative of under represented groups were made aware of the most recent testing process 6. recommendations by members of under represented groups for increased participation in the application I testing process by other members of the group Upon completion of the evaluation process, a written report shall be compiled summarizing the findings. This report shall be submitted to the Chief of Police along with any recommendations for increasing the number and quality of applicants with specific recommendations for the active recruitment of members of under represented groups. JOB ANNOUNCEMENTS Job announcements shall be posted at all City governmental offices and other public places deemed appropriate. Announcements shall also be posted through various forms of media including but not limited to newspapers and the internet. Announcements shall include the following information: 1. Title of the available position 2. Salary range 3. Description of duties and responsibilities 4. Minimum education, skills and other qualifications required 5. How to apply for the position 6. Closing date for receipt of the application 7. A statement that the City is an equal opportunity employer o ~o j~--: c--o ~~ en (/) f" --0 I :Ii ~;, '.., , ==i r"', ,-<r:": "-" [1'" '-..-' ..;::-- $ /."- I ~ -". -~ iTI i-~ _.J 'Ii' o w The Police Department, through the City's Human Resource/Personnel Department, maintains contact with the applicant from the initial application to the final employment disposition. Applicants will be informed in writing of all the elements and activities of the selection process, the planned duration of the selection process and the City's policy on reapplication. Applications will not be rejected because of an error or omission that can be corrected prior to the testing or interview process. In such a situation, the applicant will be contacted as soon as the error or omission is noted for the correction to be made. Whenever an applicant or application is rejected, notice of such rejection will be mailed to the applicant by the City's Human Resource/Personnel Department. All applicants not selected for positions will be informed in writing. SELECTION All facets of any tests and/or interviews shall be administered, scored, evaluated and interpreted in a uniform manner. The selection process shall use only those criteria that are job related. Civilian positions shall be filled based on a combination of background investigation and interview. Interviews shall be conducted using valid, useful and nondiscriminatory procedures. Sworn positions are filled based on the process described in SOG #01-14. Background investigations shall be conducted on candidates for all positions on the Department. Those personnel tasked with conducting background investigations shall be trained in the collection of such information. The investigation shall include but is not limited to: 1. Verification of pertinent credentials 2. Criminal history 3. A minimum of three personal references DISPOSITION OF APPLICATIONS Applications and records of persons applying for sworn positions shall be governed by the procedures set forth in SOG #01-14. Records and applications of persons applying for non-sworn positions shall be maintained by the City's Human Resource/Personnel Department for three years. Records shall be maintained in a secure locked manner until destroyed. ......, = c:=; cro (/'') rrl v I 9 .<:0 >=:: 11 '-n , , i-1, '-.J ~~--) --<.:. =:fti .:-<{",-- r-r', ,. ~d 5~~ ~ ".. ::JI::: 'D o W lOW A CITY POLICE DEPARTMENT USE OF FORCE REPORT July 2006 OFFICER DATE INC# INCIDENT FORCE USED 55 072806 36520 Fight in Progress Officer used control techniques to effect the arrest of a subject who had attempted to flee on foot and resist arrest. 55 072805 36548 Traffic Stop Officer used control techniques to take a resistive subj eet into custody for an assault investigation. 34,37 072706 36165 Mental Subject Officers used control techniques to take a subject into custody who had assaulted an Officer. 48 072506 35899 Assault Officer drew sidearm during the arrest of a subject who was displaying a knife. The subj ect was taken into custody without incident. 06 072306 35673 Intoxicated Subject Subject had been placed under arrest and resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs. 95 072306 35550 Intoxicated Subject Subject had been placed under arrest and resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs. 52 072006 35093 Fight in Progress Officer drew sidearm when a subject threatened another with a baseball bat. Subject put the bat down and was taken into custody without incident. 25,31 072006 34927 Intoxicated Subject Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 09 071806 34593 Alarm Officer drew sidearm when responding to an alarm and confronting a suspect who had attempted to run. Subject was \i~f n, \1/v"01 taken into custody without incident. IVIU: 'il \ .:::1 ' 'I') .. \.. . ~ .., \ - IO:S lid L I c,O'1 Q"n" .Jt J. ;UuG ," . '1"/ ' \..J:.:, l:j SRT 071606 34269 Suicidal Subject Officers displayed long weapons and less lethal weapons to take an armed suicidal subject into custody without incident. 09 071506 34045 Fight in Progress Officer used a chemical irritant to separate two subjects involved in a physical altercation after they did not respond to verbal directives. 45 071406 33970 Public Assist Subject had been placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 25 071206 33502 Intoxicated Subject Subject had been placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 13 070906 33099 Theft Subject had been placed under arrest and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. 29 070906 32976 Suspicious Activity Officer drew sidearm while detaining two subjects believe to be burglarizing a residence. Subjects were taken into custody without incident. 59,05 070806 32911 Traffic Stop Officer used control techniques to prevent being assaulted. 05 070806 32896 Trespass Officer drew sidearm to search a residence for a subject that was wanted on an arrest warrant. Subject was taken into custody without incident. SRT 070606 32460 Search Warrant Officers displayed sidearms and long weapons while serving search warrants where suspects were believed to be armed. Subjects taken into custody without incident. 20 070406 31971 Intoxicated Subject Subject had been placed under arrest and resisted handcuffmg efforts. Officer used control techniques to place the subject in handcuffs. \!N\O\ \j~\~\(.';\ , il" "I ~ . .. _'L".j CS\Ql L\ J'~,) l \ () :S \\ci ",,'o"\\J \.\ \ --' --~ {/f\~'I'\\~*~ J;~il~~~ iy; o'!J-~--~!?)- =-:'\S'>! fn'~'~_~'>o':\, )J"'-~\: "f; > 'Ii,;. 0 "'. ,A" :f~:~;G ,:{ "~~ -\" -~IW (--',,;;,,1 \i;j . "~::"Il ~""'~~.. ~}>':_"'J"'; '~~6"c-r--~{iji' *cj":-:::'-1:~ 'j~f'~ '\.,,"~'" .."",iifj DEPARTMENT MEMO 06-29 TO: Chief Hargadine ,...' = 6 = ::Y~ 50 C: II p:=:-; :;-) .- (-"'\ !'>) - ':;...:"- e- N .';11 -\ ,- -,:) ..~ \~-- ''---) O-j w ~-- ;< -, ..,...~ ):>- w FROM: Captain Widmer REF: March-June Use of Force Review DATE: August 11,2006 The "Use of Force Review Committee" met on August 10,2006. It was composed of Captain Widmer, Sgt. Lord and Sgt. Hart. The review of submitted reports for March (13 incidents-20 reports), April (23 incidents-35 reports), May (17 incidents.22 reports) and June (10 incidents-I 5 reports) revealed one policy clarification, but no training concerns. Of the 63 incidents, 4 were for the destruction of an animal and 10 were for a drawn sidearm (building search or felony stop). As a matter of policy clarification, group Use of Force Reports (drawn sidearm only or SRT response) does not include medical assists, welfare check or committals in which use of force is called for by more than one officer. Ifuse of force is required in subduing a suicidal person, each officer involved in the use of force is to submit a report. A question of active countermeasures (specifically, leg-strikes outside instructed pressure point tactics) to force a person to be seated in patrol vehicles for transport came up, In this situation, active resistance to being placed into the rear seat is a level three. The officer is allowed to use active countermeasure/personal weapon defense leg strikes at a level four after the normal level three counter-measures have proven to be unsuccessful (see OPS 03.11, paragraph B). Remember "reasonableness" is the key to evaluating the force. Officers and supervisors are to be commended for their reporting during this period. The enhanced supervisor accountability on the form has eliminated errors and lack of information, Copy: City Manager, PCRB, Watch Commanders, Review Connnittee September 12, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-03 Filed: Chiefs Report due (90days): Chiefs Report filed: PCRB Report due (45days): 08/04/06 11/02/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS August 2006 Date Description None POLICE CITIZENS RIEVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5041 I'~ 0 C::::' = .,oS: ,... 0..... ..~-..... "} :::-r.. )>--~j , ~ . -n C) ill :"-! , 'D C0 N TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint FROM: Police Citizen's Review Board RE: Investigation of PCRB Complaint #06-02 Date: August 8, 2006 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #06-02 (the "Complaint"). Board's ResDonsibilitv Under the City Code of the City of Iowa City, Section 8-8-7B-(2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise", Section 8-8-7B(2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local law", Section 8-8-7b(2) a, b, c. Board's Procedure The Complaint was received at the Office of the City Clerk on March 2, 2006. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on May 31, 2006; a 30-day extension was requested on June 1, 2006 and approved by the Board on June 12, 2006. The Chief's Report was filed with the City Clerk on June 27, 2006. The Board met to consider the Chief's Report on July 11, 2006 and August 8, 2006. The Board voted to review the Chief's Report in accordance with Section 8-8-7b(1)(a), "on the record with no additional investigation." Findinqs of Fact The complainant alleges that Iowa City police officers harassed, threatened and intimidated members of his family including himself and that they refused to allow the family to pray for their family member who was an inpatient at the Iowa City Veteran's Affairs Medical Center (VAMC). Interviews were conducted with all officers of the ICPO, VAMC police, VAMC and UIHC medical staff who were involved with this event. The complainant refused to speak with investigators; no positive identification of any family members was made during the event therefore investigators were not able to speak with any family member for investigative 'fact-finding' purposes. The general timeline and facts of the incident are not in dispute by non-family personnel. The father of the complainant was an inpatient at the VAMC. Family members were loud, agitated and created a disruption in the hallway outside the patient's room which disturbed other patients and work staff. The situation escalated and VA officers on scene requested assistance from the ICPO. VAMC police requested ICPO to charge the complainant and family members with criminal trespass. The family attempted to shut the door to patient's room in order to pray. An ICPO officer informed them they could not shut the door but they could pray. The family members continued to be disruptive and threatened officers and staff. Additional ICPD officers were requested. A Sergeant and additional officer arrived on scene. After conferring with a VA police officer, the ICPD Sergeant informed the family that a transfer of the patient to another facility was in process. Officers escorted family members to a waiting area in the lobby. The ICPD Sergeant infQrmed the complainant/family that if they returned to the patient's floor, they would ~charg~ with trespassing. Sergeant dismissed remaining officers and radioed 'clear'. :> Cr.. )> =:J '-::--= --"'l 1..,-; I Conclusion ,T] :::::::r~ _,._I~' ~-1 ,""" .', _..~ ,i Bya vote of 4-0 with 1 member absent, the Board set the Level of Review ~8>'8-7@(1)a;~ believing there to be enough information in the Chief's Report, the relative polic~eporti?~.Jadio traffic report, and interviews with V AMC police and clinical staff to substantiate that no lo'ftla City Police Officer did anything inappropriate and that officers treated the family members with respect and acted in a professional manner toward them during the event. c: , CJ The Board concludes that the findings of the Chief's Report are supported by substantial evidence; are not unreasonable, arbitrary or capricious; and are consistent with Police Department policy and practice and those of any federal, state or local law. Allegation #1: Intimidation, Harassment, Threats - Not Sustained. No evidence of any intimidation, harassment or threats being made by members of the ICPO was found during the interview process. See Comment section of the Board's report. --~---~-------~--"-+.__._---_._-_.,----- Allegation #2: Officers refused to allow prayer - Not Sustained. At the request of the VA Officer in charge of the event, ICOP officer(s) did not allow the family to close the door to the patient's room but did inform the family that they could pray. Comment The Board feels that the investigative report compiled by the ICPO investigator(s) and the Chief's Report is very comprehensive and thorough. It was commented in multiple interview/supplemental reports from VA and UIHC staff that the ICPO officers were very patient and respectful with the family while attempting to de-escalate the situation without use of physical means or arrests. No one observed any ICPO officer do anything disrespectful or inappropriate in action or speech while dealing with the family. Members of the Board felt that it was important to note that the complainant refused to speak with investigators. t'-,' "~'.~,~) s:l C~ (.'~ ~, C,? TI" )> c:: ---1.'''1 is'';' 0 -,'1 ;::':: I. ,'\ - :"j .~ \,.0 -- ~ ,-,) N Howard R. and Madonna O. White 204 Dartmouth Street Iowa City, Iowa 52245 August 20, 2006 Police Citizens Review Board 410 E. Washington Street Iowa City, Iowa 52240 Dear PCBR, I was disappointed that I could not find a place on the Iowa City Police web page to send a Dositive note about the excellent service we have received from the Iowa City Police Department. All too often we focus on the negatives, spending our time and energy trying to define and correct the wrong that happens in this world. It happens in all walks of life, in every business that exists. We benchmark against the "national norms" and measure and dissect the low scores. Human nature, but still very sad. We are sending you a copy of a letter we mailed to the Chief of Police commending the actions of the department and, in particular, one OUTSTANDING detective. Maybe some good news will make your day a bit better, your job a little less tryi ng. Sincerely, -iPw~vJ~~ ~ ~~~DLD~ Howard R. White and Madonna O. White o ~ ""~O -'.~':::; r'-" -. ~~' -'-1:,,"' ---,"" ""- -'j-. 02~: ....=;:/" )> . ( ", = C:';> "" :~"'" ,'---' G-) N .$:" :.n i"_ :? ,n,-) . , --'I 'oj Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 r~,.} 9 '--,," C;;::J 0-' :,,:0 Ti'h' <':'.": Il :"\;;'" -" (n N J:"" :-...., " -v :,11 _.L2_., -, ,.) ,L, ~ \...1 ';- ;;< <: p \.0 Howard R. and Madonna O. White 204 Dartmouth Street Iowa City, Iowa 52245 August 20, 2006 Dear Chief Hargadine Please allow me to extend a heartfelt appreciation for the active role that your department and specifically, one detective in particular, played in getting a most despicable criminal off the streets of Iowa City. In March of 2004 my husband and I were the victims of a scam. Seeing that in print now makes it seem a bit trivial, yet it has been far from that. I feel compelled to write our story to you so that the officers and detectives involved receive proper recognition and our deepest gratitude. In 2003. after much research and planning, we secured a second mortgage on our homa, interviewed several contractors, and hired Brett Anderson of Allied Construction to remodel our house on Dec. 17, 2003. We paid him a total of $18, 973.00 between 12/17/03 and 2/10104. He did a little of the work, gutted our home, d_oyed the hard wood floor finish, ruined carpet, flooded the basemant 3 times and finally disappeared. The last time we had seen him was 315104. He was to deliver materials and services for this project on 319104, but never showed. I contacted ICPD on 3110104 to see what we could do. We were told tt was a cMI problem. Later that day we talked with our attorney, found out what tt would coet to pursue him in the cMI courts and made anangemants to do just that. We also found out that he had been sued in small claims courts for several similar events. We were advised to send him 2 letters, 1 certified letter stating what we wanted, and 1 identical letter delved to his addr.... We did that. We did a complete inventory of our gutted home and we again called ICPO on 3/11/04 to report that the contractor had stolen 8 custom granila cutting board and we wantad to press charges. This time an o",lcer came by the house and talked to us, looked around the house and was truly aghast at the condttion that our home was in. We are embanassed to admit, we do net remember his nama. He was poltte and respectful, professional in his empathy, and he reiterated that what had happened was net criminal in the State of Iowa. Since we r"IIy weren1 POSITIVE that Mr. Anderson took the cutting board, we didn1 and up fling a complaint. The officer did say he would make i!I report of the condition of our home. His manner was reassuring, and his empathy was appreciated, tt truly fell sincere. We continued to do some r....rch into Mr. Anderson and discovered that he was NOT licensed to be a contractor in iowa. and he never obtained any permtts to do this demolttion, electrical or plumbing in Iowa Ctty. We reported this to the Ctty of Iowa Ctty, Iowa Attorney Generals orr... of Consumar Protection and the Department of Labor. We also discovered that he was wanted on a felony forgery charge, and that an arrest warrant had been issued in Johnson County just 3 days before we hired him! We did some cold-calling (he left phone numbers written on a plywood work surface in our homa) and we found a woman that had hired him in February 2004 to do a total house drywall project, had already paid him $1200.00, but had not seen him in over 7 days. We told her not to give him any more money, explained what he had done to us and said our good- byes. We became very suspicious! On 3112/04 we filed a small claim against Mr. Anderson and his company for $5,000.00 for part of the materials and services net delivered, and a $5,000.00 small claim ageinst the "accountant" for his company, his girlfriend Angel Bou. Her nama was on all but one of the checks we wrote. Johnson County Sheriff Dept. served the small claim against him on 3/17104. They called to tell us about tt on 3/19104, we asked why they had net arrested him on the felony wanant. They were not aware of the warrantl We told them about ~ and they said they "would check into tt." We continued to look for others who had been duped by this man. We found them. LOTS OF THEMI We also placed calls to the contractors cell phone, advising him that we would not rest until he was in prison for what he had been doing. He called me back at 1235 on Friday 3119104 screaming at me, saying that "we had burned up all the money'" and "there wasn't any left." He then said "Remember Madonna, I know where you live and I know where Max and Donovan go to schoof'. I called ICPD once again, and reported this, I was terrified that he would come back to the house or bother my young sons at schoot An offICer, Troy Lawf8lJCe came out and talked with us, checked on the warrant and said it was still actM!. OffICer Lawrence said he would talk to his supervisor. His plan was to go to the contractors house and tell him to slop calling (we were advised to slop calling him, and we did stop). Officer Lawrence called back the next day, a Saturday morning, and left a messaga, telling us he had talked wtth the contractor and told him to stay away from us and to stop calling. Then he went on to say he had talked to his supervisor, an ICPD detective, and someone at the county attomeys office and they were very interested in talking to us. Our next contact with the ICPD was through Detective Scott Gaarde. He called and asked if we could meet with him. And...as they say..... the rest is history. Detective Gaarde is responsible for the successful investigation and subsequent charges for "On Going Criminal Conduct" filed against Mr. Anderson by the State of Iowa in Johnson County. Detective Gaarde spent COUNTLESS hours interviewing victims and collecting information and preparing his report, finally presenting the information to the Johnson County Attorney's office in the late summer of 2004. His enthusiasm for his work was contagious. He was always checking back and letting us know what the progress was on the investigation. He made himself available by phone or e-mail in case we had a question or remembered any additional information. He is a professional, dynamic, personable, authentic, sincere policeman. Detective Gaarde exceeded our expectations. Far to often you hear about the negatives associated with police departments. We were at a low point in our lives, and by his diligence he brought this man to justice. Detective Gaarde deserves to be recognized for his excellent work and dogged determination to collect all of the evidence needed to get this criminal off the streets of Iowa City and behind bars where he belongs. We are sending a copy of our letter to you Chief Hargadine, and to the Police Citizens Review Board as well. We feel that Detective Gaarde went above and beyond the call of duty doing the investigation of this case and we want everyone to know how much we appreciate Detective Gaarde for everything he has done for us. Sincerely, +I~(2/Wl,~ ~ I.M..d~Q.w~ Howard R White and Madonna O. White Copy to: PCRB 410 E. Washington Street Iowa City, IA 52240 356-5041 o ~(') ..P--'; r"..] c:.:.";! ('::;".;:) c" "'" c: -, ~- -n N .c- c- ,..~:. '- r" ~=fJ '......-.-... ~./'... :t; j"-- :-0 '1'1 --, ......--1 I.D