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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) � r 'od CFty of 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. perb \brochu lclk 06/11 �J 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 _ le?— "/o (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.