HomeMy WebLinkAboutAnnual report FY2012
PCRB Annual Report FY 2012 – Approved 08/14/12 – 1
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB)
consists of five members appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department’s investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. 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. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board’s By-Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2012
Meetings
The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY12 the Board held eleven meetings and one Community Forum.
ICPD Policies/Procedures/Practices Reviewed By PCRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board’s review and comment. A senior member of the Police Department
routinely attended the open portion of the PCRB meetings, and was available for any questions Board
members had regarding these reports.
Presentations
In May of 2012 the Board held it’s fourth Community Forum as required by the City Charter. The
PCRB Legal Counsel, Catherine Pugh, gave a brief summary on the history, laws governing,
investigations, and the name change for the PCRB. There were ten members of the public that spoke
at the forum. Topics of discussion included the following: Laws governing the PCRB, and potential
changes to the ordinance and operating procedures.
Board Members
In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice-Chair.
Peter Jochimsen resigned and was replaced by Kingsley Botchway in May of 2012.
COMPLAINTS
Number and Type of Allegations
Six complaints (11-02, 11-03, 12-01, 12-02, 12-03, 12-04) were filed during the fiscal year July 1,
2011 – June 30, 2012. Three public reports were completed during this fiscal period (11-01, 11-02,
11-03) and one complaint was dismissed (12-02). The remaining complaints filed in FY12 are
pending before the Board (12-01, 12-03, 12-04).
Allegations
Complaint #11-01
1. Officers did not respond in a timely manner after her 911 calls for assistance. Complainant
asserts that officers arrived almost 20 minutes after the shift change of 11:00pm. NOT
SUSTAINED.
PCRB Annual Report FY 2012 – Approved 08/14/12 – 2
2. No audio/video from in-car cameras from responding officers. NOT SUSTAINED.
3. Officers made untrue statements in the submitted written reports. NOT SUSTAINED.
4. Improper conduct/treatment by responding officers during interaction with her. NOT
SUSTAINED.
5. The Complainant stated that Officer C was untruthful in telling her that three guns had been
recovered. NOT SUSTAINED.
6. Officer C made false statements in his report. The report stated the Complainant used
profanity when referring to the Cedar Rapids juveniles and was more interested in cleaning up
the mess in the clubhouse than speaking with officers. NOT SUSTAINED.
7. Officer C inquired of her personal information while a possible suspect was seated in the back
of the patrol car and overheard the conversation. NOT SUSTAINED.
8. Not being told by Officer C that she was going to be charged with Disorderly House and
questioned why a warrant was issued for her arrest. NOT SUSTAINED.
9. Officer C called A&M Management apprising them of the damage and telling them that he was
going to charge the Complainant for the damages. NOT SUSTAINED.
10. Officer A had made false statements in his report. Report indicated that Complainant had
yelled at him and that he made the statement that he was not going to speak with her if she
continued to yell. The Complainant asserts this remark was in response to her asking for his
name and badge number to report him to the police chief. NOT SUSTAINED.
11. Officer B made false statements in his report that the Complainant made remarks and
comments about the police being worthless. Complainant denies making this statement and
asserts the officer did this to get back at her since she was calling the chief of police for how
she was treated. NOT SUSTAINED.
12. Officer D called the Complainant’s employer with the intent of getting her fired. NOT
SUSTAINED.
13. Officer D contacted A&M Management in an effort to get them to file charges and informed
them that charges were already pending against her. NOT SUSTAINED.
14. Officer D interviewed and questioned juveniles at the schools about alcohol and guns without
parent consent, a violation of school board policy. NOT SUSTAINED.
Complaint #11-02
1. Complainant stated that he was threatened with arrest by Officers. NOT SUSTAINED.
2. Complainant stated that he was intimidated by the Officers. NOT SUSTAINED.
Complaint #11-03
1. Officer A followed him, harassed him, and looked for more reasons to fine and arrest him. The
complainant asserts that he abided by all of the officer’s instructions and was compliant. He
states he was mistreated, hand cuffed and Officer A’s written statement was false and created
to get him in trouble. NOT SUSTAINED.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a On the record with no additional investigation 2
Level b Interview or meet with complainant 1
Level c Interview or meet with named officer 1
Level d Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board’s own investigation
Level e Board performs its own additional investigation 1
Level f Hire independent investigators 0
Complaint Resolutions
PCRB Annual Report FY 2012 – Approved 08/14/12 – 3
The Police Department investigates complaints to the PCRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief’s
Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens’ complaint and the Chief’s Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the seventeen allegations listed in the three complaints for which the Board reported, none were
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in three of the reports:
Complaint #11-03
Attempts to contact the complainant by the ICPD by phone on 11-15-2011 and 11-17-2011 were not
answered in spite of leaving detailed messages. On 11-17-2011 a letter was sent with information as
to how to contact the ICPD for an interview. Neither return calls nor correspondence have been
received.
Name-Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name-clearing hearing has been held. During this fiscal period, the Board scheduled no name-
clearing hearings.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage
in the complaint process before the Board adopts its public report. All parties involved must consent 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. In the three complaints covered by the FY12 annual
report a total of seven officers were involved with allegations against them.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Category/Number of Complainants
Age: National Origin: Color:
Under 21 0 US 0 White 0
Over 21 1 Unknown 3 Black 1
Unknown 2 Unknown 2
Sexual Orientation: Gender Identity: Sex:
Heterosexual 0 Female 0 Female 0
PCRB Annual Report FY 2012 – Approved 08/14/12 – 4
Unknown 3 Male 0 Male 1
Unknown 3 Unknown 2
Marital Status: Religion: Mental Disability:
Single 0 Unknown 3 No 0
Married 0 Yes 0
Unknown 0 Unknown 3
Physical Disability:
No 0
Yes 1
Unknown 2
BOARD MEMBERS
Donald King, Chair
Joseph Treloar, Vice Chair
Royceann Porter
Peter Jochimsen/Kingsley Botchway
Melissa Jensen