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HomeMy WebLinkAbout22-05COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 May 3, 2022 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#22-05 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-05 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(8)(1): a. On the record with no additional investigation.* a. No additional investigation.* b. Interview /meet with complainant. c. Interview /meet with named officer(s) and otherofficers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board !111ill. apply a "reasonable basis' standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8 :$ 7(8)(2)).) 0 4. According to Iowa City Code Section 8-8-7(8X2), the Board can recommend the fhe Police Chief reverse or modify the Chiefs findings Q/1& if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained". (Iowa City Code Section 8-8-7(8)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. The Complaint was initiated by the Complainant on February 16, 2022. As required by Section 8-8-5(8) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on March 11, 2022. As per Section 8-8-6(0) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. There was no response made by the individual who made the complaint. * The Board voted on April 12, 2022 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(8)(1)(a). The Board met to consider the Report on April 12, 2022 and May 10, 2022. Prior to the April 12, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and the complainant. The complainant alleged that the officer who stopped the complainant car for exceeding the speed limit was rude and made the complainant cry. The complainant alleged that the officer was aggressive and belittling. After viewing the body cam of the officer, it was observed that the officer was professional in his manner and behavior. The complainant did not appear to be crying. The Police Review Board felt that no further investigation was needed and did not sustain the complainants claim. The officer acted professionally and was in compliance within the ICPD policy. COMPLAINANT'S ALLEGATION: Discourtesy Chief's conclusion: Notsustained~'- Board's conclusion: Not sustained Basis for the Board's con,c.LLlsion: =' After viewing the officer's body cam, it was determined that actions reported in the complairifwere not congruent with the video evidence. The body cam showed nothing of the description of the written complaint. None.