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HomeMy WebLinkAbout22-01COMMUNITY 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 From: Community Police Review Board Re: Investigation of CPRB Complaint # 22 - 01 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 22-01 (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. repot because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(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: C l 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(B)(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 18, 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 March 11, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report and did not do so. The Board voted on April 12, 2021 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 May 10, 2022 meeting, the Board had the opportunity to review the complaint and 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 complainant. FINDINGS OF FACT: On January 18, 2022, the following complaint numbered 22 — 01 was received. The individual submitted a complaint that the police department neglected their duty to protect the complainant's child. Officers provided multiple resources to the complainant to provide assistance in dealing with ongoing problems with the minor child and other minors in the neighborhood. ICPD's victim services coordinator and mental health liaison have both contacted the complainant. Members of the Iowa bty Community School District were contacted to assist with the issues as well. - ALLEGATION 1 —Violation of Rules and Regulations 315 Duty and Responsibilities Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for the Board's conclusion: CPRB felt that the findings of the Police Chiefs investigation were accurate and well documented. The officers did their duty as well as making efforts to be helpful to the Complainant's situation. After reviewing incidents involving the complainant and the child there is no cause to show adequate services were not provided. Issues were investigated and handled properly. Additional support and nonpolice resources were recommended to the family. ALLEGATION 2 — Violation of GO 01-01 Bias -Based Policing Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for the Board's conclusion: There is no evidence that the officer showing bias towards the complainant or the family based on race, religion, national origin, or cultural group. The information provided by the complainant was inconsistent with the evidence captured on video. COMMENTS: None. r� 71 --0 t_r i