HomeMy WebLinkAbout22-03COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
Date: May 10, 2022
To: City Council
Complainant
City Manager
Chief of Police `
Officer(s) involved in complaint w-
From: Community Police Review Board
Re: Investigation of CPRB Complaint #22-03
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This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #22-03 (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(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
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 must 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 8-8-7(13)(2)).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse
or modify the Chiefs findings only 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(13)(3)).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer
involved.
BOARD'S PROCEDURE:
The Complaint was initiated by the Complainant on January 25, 2022. As required by Section
8-8-5(B) 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 April 1, 2022. As per Section 8-8-6(D) of the City Code, the
Complainant was given the opportunity to respond to the Chiefs report. 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(B)(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.
FINDINGS OF FACT:
On 12/28/2021 Police responded to a possible break-in and property damage. From several police body
camera views, and the officer explaining to the complainant that the evidence that the corridor provided was
not consistent with a break-in and property damage. The police advised complainant to talk with the landlord
regarding differences with neighbors.
COMPLAINANT'S ALLEGATION #1 — Neglect of duty .
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion:
Upon review of video, the Board determined that the officer followed departmental policy and procedure in
investigating the incident. The officer responded to the complainant's request for assistance, conducted a
proper investigation, was professional in the officer's interactions, and took a report. The officer could not
determine who broke into the apartment and did not have probable cause to arrest complainant's neighbor. If
the officer believed there were indications that complainant could have caused the damage to his own door,
there is nothing in policy/procedure or law that prevents the officer from confronting complainant with this as
part of the investigation. r
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