HomeMy WebLinkAbout11-19-12 Ad Hoc Diversity Committeer
CITY OF IOWA CITY
MEMORANDUM
Date: November 15, 2012
To: Ad Hoc Diversity Committee Members
From: Marian K. Karr, City Clerk
Re: Committee Packet for meeting on November 19, 2012
The following documents are for your review and comment at the next Committee meeting:
Agenda for 11/19/12 (page 1)
Police Citizens Review Materials (pages 2 -9)
Materials from City Clerk:
• Proposed list of recommendations (page 10)
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THE PUBLIC IS INVITED TO ATTEND ALL MEETINGS
AD HOC DIVERSITY COMMITTEE
MEETING AGENDA
Monday, November 19, 2012
Harvat Hall in City Hall
410 East Washington Street
4:00 PM
1. Police Citizens Review Board discussion
2. Information Gathering Session discussion
3. General Board discussion
4. Tentative Meeting Schedule
• December 3
• December 10
• December 17
• January 7
5. Public Input
6. Adjournment
Police Citizens Review Board
May 9th, 2012 Community Forum
History of Police Citizens Review Board (PCRB)
The PCRB was created under Iowa home rule authority on July 15, 1997 to assure external
accountability of the Iowa City Police Department. In response to a community referendum
and following an Iowa Supreme Court decision upholding the amendment, on December 12,
2007, the PCRB was made a permanent entity by amendment to the Iowa City Charter.
Additionally, the PCRB was granted the power to subpoena evidence and was required to
hold one public forum per year. The PCRB is comprised of five citizens who are appointed
by the City Council for four year terms.
Laws Governing the PCRB
Although Iowa home rule law allows the City of Iowa City to create a police citizens review
board, the board's authority is limited by Federal and State Law.
A. 5 1 Amendment to the U.S. Constitution
No person may be compelled to testify against himself. The PCRB cannot force the
testimony of any police officer accused of misconduct.
B. Iowa Code Ch. 400 CIVIL SERVICE
The state of Iowa has established a Civil Service Commission to oversee civil service
operations in the cities of our state. Under this law, only the police chief and city
manager have the power to discipline a police officer. (Iowa Code 400.19) Iowa City
Code section 8 -8 -2 (E) reiterates that limitation upon the PCRB.
III. Investigations of PCRB Complaints
A. Investigations by Chief of Police
Complaints made to the PCRB are investigated by the ICPD. The reason investigations
are structured in this way is to allow the most comprehensive investigation into alleged
police misconduct. The Command staff has the power to compel police officers to
cooperate with all internal investigations. This right of the public employer was
established in Uniformed Sanitation Men Association v. Commissioner of Sanitation of
City of New York (392 US 280). This power is particular to the public employer and
cannot be transferred to another entity. Under Iowa's Civil Service law, this power to
compel is held only by the City Manager and the Police Chief.
B. Investigations by PCRB
If cases were not investigated within the Police Department, the PCRB would have no
other access to the officer's side of the story. Even with subpoena power, the 5th
amendment right to avoid self- incrimination prevents anyone, other than the public
employer from compelling an officer's testimony. The PCRB ordinance allows the PCRB
M
Police Citizens Review Board
May 9th, 2012 Community Forum
to do its own further investigation after reviewing the Police Chiefs findings. The
current system allows the PCRB the benefit of information it would have no way of
obtaining unless investigations were conducted internally. The PCRB is committed to
making the complaint procedure more comfortable and less intimidating for
complainants and is interested in ideas to promote complainant participation in the
investigation.
IV. Standard of Review: Reasonable Basis Standard
The Iowa City Police Citizen's Board is the first and only such review board in the state of
Iowa. In determining a manner for this board to review the findings of the Chief of
Police, the drafters looked to the Administrative Procedure Act, Ch. 17A of the Code of
Iowa. The Administrative Procedures Act requires a reviewing agency to use a
reasonable basis test to review decisions made by the entity with expertise in the
subject at hand. Since internal investigation by the Police Department was believed to
be the most effective method of fact finding, it followed that a reasonable basis
standard would apply to the Police Chiefs conclusions. The PCRB cannot substitute its
own judgment in cases before it. The PCRB is required to review the Chiefs decisions
with deference to his expertise and sustain those decisions unless they are
"unreasonable ".
V. Changing Name of PCRB
The citizens of Iowa City went through a fair amount of effort to accomplish the referendum
which survived a challenge to the Supreme Court of Iowa to make the Police Citizens Review
Board a permanent entity in our city. The Iowa City Charter was amended to require the
existence of the Police Citizens Review Board. Given that the name was specifically included
in the Charter amendment in 2007, it should remain the formal name of the board with any
other version of the name being designated "a.k.a ".
IJ-
For more information about the Police
Citizens Review Board, contact:
PCRB
410 E. Washington Street
Iowa City, IA 52240
356 -5041
Complaint forms are available from:
• City Clerk/City Hall
• Police Department/City Hall
• Iowa City Public Library
• Broadway St Neighborhood Center
• Pheasant Ridge Center
• City of Iowa City Website @
www.icgov.org
Police
Citizens
06/11
Iowa City Police
Citizens Review Board
Established in 1997, the Iowa City Police
Citizens Review Board consists of five
members appointed by the City Council.
The PCRB has its own legal counsel.
The PCRB reviews reports prepared after
investigation of complaints about alleged
police misconduct. It then issues its own
written reports that contain detailed findings
of fact and conclusions that explain why and
the extent to which complaints should be
sustained or not sustained. The PCRB
maintains a central registry of complaints
against sworn police officers and prepares
annual reports to the City Council on the
disposition of these complaints.
The PCRB reviews police policies,
procedures, and practices, and may
recommend modifications to them. The
board shall hold at least one community
forum each year for the purpose of hearing
citizens' views on the policies, practices and
procedures of the Iowa City police
department.
The PCRB has only limited civil
administrative review powers and has no
power or authority over criminal matters or
police discipline. It is not a court of law and
is not intended to substitute for any form of
legal action against the Police Department or
the City.
The Complaint Review Process
• All complaints to the Board must be
filed with the City Clerk within ninety
(90) days of the alleged misconduct.
• Any person with personal knowledge of
the alleged police misconduct may file a
PCRB complaint with the board. In
order to have "personal knowledge ", the
complainant must have been directly
involved in the incident or witnessed the
incident. If the person with personal
knowledge is underage or otherwise
unable to complete a PCRB complaint
form, the PCRB complaint maybe filed
by such person's designated
representative.
• Those who may file a complaint are:
➢ an adult;
➢ a minor with an adult's assistance;
➢ an adult filing on behalf of a minor;
➢ or a vulnerable adult with assistance
from a family member, friend,
clergy, or a guardian or other similar
court appointed representative.
• A support person may accompany the
complainant through the complaint
review process.
The PCRB receives a completed citizen
complaint form and immediately
forwards a copy to the Police Chief for
internal affairs investigation. A
Supervisor or Investigator from the
Police Department will contact the
complainant as part of the investigation.
(If the complaint is about the Chief, the
City Manager will conduct the
investigation.) The Chief completes the
investigation within 90 days and issues a
detailed written report that concludes
with a finding that the complaint is
"sustained" or "not sustained." The
PCRB will grant extensions from this
deadline for good cause shown.
• Copies of the Chief s report are sent to
the PCRB and to the complainant, the
police officers, and the City Manager.
• The PCRB reviews the Chiefs report
and may conduct additional investigation
or request that the Chief do so. Within
45 days of receipt of the Chief s report,
the Board issues a written report that
contains detailed findings of fact and a
conclusion that explains why and the
extent to which the complaint should be
"sustained" or "not sustained." The City
Council may grant extensions, upon
written request.
• Copies of the PCRB's report on the
Chiefs investigation are sent to the
complainant, the police officers, the City
Manager, and the City Council.
The PCRB may recommend that the
Chief reverse his findings if it
determines that they are unsupported by
substantial evidence; are unreasonable,
arbitrary, or capricious; or are contrary
to Police Department policy or practice,
or any federal, state, or local law.
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06/11
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Information Sheet for
Filing a Complaint About an Iowa City Police Officer
There are two kinds of complaint forms. The foam you choose determines how your complaint
will be handled.
Iowa City Police Department Complaint Form
If you use the Police Department form, Iowa City Police Department Policy will determine the
level of investigation into your complaint.
You can choose to limit your involvement to a discussion between you and the officer's
supervisor, or you can choose to participate in an internal investigation which means that you,
the officer, and witnesses will be interviewed by Police Department investigators and a written
report on the department's findings and conclusions will be. prepared.
Generally, investigations and any officer discipline that may result from them are considered
nonpublic, confidential records. By law, the Police Chief decides if and how an officer will be
disciplined.
When you use the Police Department complaint form, the Police Citizens Review Board will not
review your complaint, unless you also file a PCRB complaint form. It usually takes from one
week to three months to receive a final response from the department.
Police Citizens Review Board (PCRB) Complaint Form
If you use the PCRB form, the Police Department will conduct an internal investigation. A
Supervisor or Investigator from the Police Department will contact you as part of the
investigation process. As soon as you file your form, the PCRB wilt also receive a copy of it, so
they know your complaint is being investigated, All complaints to the Board must be filed with
the City Clerk within ninety (90) days of the alleged misconduct. When the internal
investigation is completed, the Police Chief will prepare a written report and send copies to the
PCRB, to you, and to the officers involved.
The PCRB then reviews the Chief's Report and may conduct its own investigation. The PCRB
decides whether the Chief's conclusions are reasonable and issues a public report to the City
Council. You will be notified of the outcome of the PCRB's review. The PCRB has no
authority to discipline police officers.
The PCRB handles its work with complaints confidentially and generally does not include
information identifying you or the officer in its reports. However, if a complaint is upheld, the
PCRB does have the right to include the names of complainants and officers in its reports.
When you use the PCRB complaint form, it usually takes ninety (90) days for the Board to
receive the Chief's Report on the internal investigation and an additional one to two montlis for
the Boatel to complete its work.
If you have questions about filing a complaint, contact the Police Department
(356 -5275) or the Police Citizens Review Boatel (356 -5041)
For more information about the PCRB, consult the city ordinance that established it (Iowa City
Code Chapter 8 -8). The City Code is available on -line at wwrvJcgov.org or for review in the
City Clerk's office at the City Hall, 410 E. Washington Street (356 - 5043).
Ltformatioa Slice[ 06111
FOR STAFF USE:
Complaint No.
Received by
Name
CONFIDENTIAL
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City of Iowa City
410 E. Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
Address /other contact information
Telephone
Best time to call
A Supervisor or Investigator from the Police Department will contact the complainant as part of
the investigation process.
Date of Birth
Race
Gender
Date the incident took place
(Ail complaints to the Board must be filed with the City Clerk within ninety (90) days of the
alleged misconduct.)
Any person with personal knowledge of the alleged police misconduct may file a PCRB
complaint with the board. In order to have "personal knowledge ", the complainant must
have been directly Involved in the Incident or witnessed the incident. If the person with
personal knowledge is underage or otherwise unable to complete a PCRB complaint
form, the PCRB complaint maybe filed by such person's designated representative.
Those who may file a complaint shall include an adult, a minor with an adult's
assistance, an adult filing on behalf of a minor, or a vulnerable adult with assistance from
a family member, friend, clergy, or a guardian or other similar court appointed
representative.
A support person (as defined above) may accompany the complainant through the
complaint review process.
Describe the incident you are complaining about. Give as many details as possible.
For example: Where did it happen? Who else was there? Describe the specific police actions
you are complaining about. Give officers' names, badge numbers, descriptions.
1;7—
CONFIDENTIAL
Section 718.6 State Code of Iowa
A person who reports or causes to be reported false information to a fire department or a
law enforcement authority, knowing that the information is false, or who reports the alleged
occurrence of a criminal act knowing the some did not occur, commits a simple misdemeanor,
unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in
which case the person commits a serious misdemeanor.
Please ensure that the complaint you are filing with the Iowa City Police Citizens Review Board
is truthful. In Its review of this complaint, the Iowa City Police Citizen's Review Board will
forward the information contained in this complaint to representatives of the Iowa City Police
Department. Therefore, the above captioned State Code of Iowa applies to a complaint filed
with the Iowa City Police Citizens Review Board.
I hereby certify to the best of my knowledge, the statements I have made on this form are true.
Signature
pcPokomplahak
Date
06/11
CONFIDENTIAL
Complaint Statistical Information
We will use the following information, which concerns classes of people protected under Iowa
City's Human Rights Ordinance, only to prepare our PCRB annual report. We will not use your
name or other identifying information in this report.
You do not have to provide this information to file your complaint.
Please indicate your:
Age
Color
National Origin
Gender identity
Sex
Sexual Orientation
Marital Status
Mental Disability
Physical Disability
Religion
pab%stats.clk
Complaint No.
PROPOSED LIST OF RECOMMENDATIONS
11 -19 -12
Police Citizens Review Board Education
Process
Procedure
Authority /power
Police Civil Service Recruitment Education
State & federal regulations
Barriers to testing
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(C� -&oz I�h 4)
Lessons from Nov. 15
1- One of the main problems is communication because of language and /or cultural barriers
2- We see the tip of the iceberg ( the police officer) and we ignore the fact that discrimination
is deeply entrenched in the whole justice system, that doesn't mean the police officers are not
to blame, but it is essential to see the whole picture. An individual police is behaving within a
sub- culture that tolerates and accepts his conduct.
3- Lack of trust
4- We should be aware that the concerns of low income section of the community in not
limited to the two issues we are charged with, examples: affordable housing for low incoming
families, access to services, etc..
5- The city is changing; the geographical distribution of the population had changed (where are
the people where they are going)
e The university is no longer the only educational institution, Kirkwood more than 3000
students
e Downtown no longer the only center of business
The city transportation has to cope with the changes
Useful suggestions:
1- Community based programs, policies, and services,
2- Searching for models from cities that succeeded in facing the issues of their diversified
community
3- Rethinking the venue, format for utilizing and conducting community input.
4- Bringing more minorities and people to the conversation.