HomeMy WebLinkAboutAnnual Report FY2022
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 1
COMMUNITY POLICE REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly
known as Citizens Police Review Board and now known as Community Police Review Board
(hereafter referred as the CPRB), consisted of five members appointed by the City Council. In
February of 2022, the Board increased to seven members as per ordinance #22-4873.
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 2022
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY22 the Board held fifteen meetings which included two special meetings, and
one Community Forum.
ICPD Policies/Procedures/Practices Reviewed By CPRB
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 CPRB meetings and was available for any questions Board
members had regarding these reports.
Presentations
In April of 2022 the Board held its fourteenth Community Forum required by the City Charter. The
forum was held electronically due to COVID-19 restrictions. Board members introduced themselves
and shared a summary of the Board duties. No correspondence was received from the public.
Chairperson Nichols shared recommendations that the Board forwarded to City Council for adoption
which included expanding the board from five to seven members, allowing a 21-day period for a
complainant to respond to the Chief’s Report, and the statute of limitations to file a complaint was
increased from 90 days to 180 days.
The forum was then opened to the public. There were three members of the public that sent questions
to the Board via Zoom Chat. Topics included the importance of building trust between the Police
Department and the community, the addition of a “non-police” liaison to the Police Department to
address mental health and other social issues, and the number of “sustained” vs “non-sustained”
complaints.
Board Members
In October 2021 officers were nominated with Amanda Nichols as Chair and Theresa Seeberger as
Vice-Chair. Due to the resignation of Theresa Seeberger, Orville Townsend was nominated as Vice
Chair in March 2022. Melissa Jensen was appointed in April 2022 to fill the unexpired term of
Theresa Seeberger. Ricky Downing and Stuart Vander Vegte were appointed to the board in April in
response to the amendment of the ordinance increasing the number of members from five to seven.
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 2
COMPLAINTS
Number and Type of Allegations
Seventeen complaints (21-01, 21-02, 21-03, 21-04, 21-05, 21-06, 21-07, 21-08, 21-09, 22-01, 22-02,
22-03, 22-04, 22-05, 22-06, 22-07, 22-08) were filed during the fiscal year July 1, 2021 – June 30,
2022.
Fourteen public reports were completed during this fiscal period (20-02, 20-05, 20-06, 20-07, 20-08,
21-01, 21-02, 21-03, 21-07, 22-01, 22-02, 22-03, 22-04, 22-05). Six complaints were summarily
dismissed (21-04, 21-05, 21-06, 21-08, 21-09, 22-08). Two complaints filed in FY22 were pending
before the Board (22-06, 22-07).
ALLEGATIONS
Complaint #20-02
Allegation 1 – Excessive Use of Force.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
Complaint #20-05
Allegation 1 – Excessive Use of Force.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
Complaint #20-06
Allegation 1 – Excessive Use of Force.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
Complaint #20-07
Allegation 1 – Excessive Use of Force.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
Complaint #20-08
Allegation 1 – Excessive Use of Force.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 3
Complaint #21-01
Allegation 1 – The reason for the two “police vans” to be called to investigate the accident.
Chief’s Report Findings: Allegation 1 - NOT SUSTAINED
Board’s Findings: Allegation 1 - NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 2 – Other person involved in the accident was immediately allowed to leave.
Chief’s Report Findings: Allegation 2 – NOT SUSTAINED
Board’s Findings: Allegation 2 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 3 – First two officers couldn’t/wouldn’t explain the purpose of the papers.
Chief’s Report Findings: Allegation 3 – NOT SUSTAINED
Board’s Findings: Allegation 3 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 4 – P1 was told he/she would be arrested if he/she didn’t sign the papers. The
papers were taken away from her/him so that he/she could not sign the papers suggesting
Officers never had any intention of letting him sign them.
Chief’s Report Findings: Allegation 4 – NOT SUSTAINED
Board’s Findings: Allegation 4 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 5 – The 3rd officer had his hand on the holster of his gun while talking to (Man #1).
Chief’s Report Findings: Allegation 5 – NOT SUSTAINED
Board’s Findings: Allegation 5 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #21-02
Allegation 1 – Harassment
Chief’s Report Findings – Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 2 – Denial of Mental Health Status (response to person in crisis).
Chief’s Report Findings: Allegation 2 – NOT SUSTAINED
Board’s Findings: Allegation 2 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 4
Complaint #21-03
Allegation 1 – Excessive use of force
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #21-07
Allegation 1 – Improper/Unlawful Search
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #22-01
Allegation 1 – Violation of Rules and Regulations 315 Duty and Responsibilities
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #22-02:
Allegation 1 – Excessive Force
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Allegation 2 – False Arrest
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #22-03
Allegation 1 – Neglect of duty
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #22-04
Allegation 1 – Bias-based policing
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 5
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Complaint #22-05
Allegation 1 – Discourtesy
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED
Board’s Findings: Allegation 1 – NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager
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 10
Level b Interview or meet with complainant 5
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 5
City Manager, or request police assistance
in the Board’s own investigation
Level e Board performs its own additional investigation 0
Level f Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints to the CPRB 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 CPRB 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, the Chief’s Report and available video footage 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 twenty allegations listed in the fourteen complaints for which the Board reported, none were
sustained.
Comments
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in eight of the reports:
Complaint #20-02, 20-05, 20-06, 20-07, 20-08
The Board remains divided in its opinions on this incident, even after lengthy deliberations.
Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was
concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a
large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the
Board that the department has invested in improved technology to ensure messages reach everyone
in any future crowd incidents
There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City
Code Section 8-8-3B. However, the Board did not have access to the videos of the incident until after
the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 6
section of the city code be changed so that the Board has 180 days from the time it receives access
to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the
incident. For this complaint, the Board's concerns are addressed here in the comments.
It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing
"intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause
exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other
effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some
cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation
or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as
“chemical compounds that temporarily make people unable to function by causing irritation to the
eyes, mouth, throat, lungs, and skin.”
(https://www.usatoday.com/story/news/factcheck/2020/06/06/fact-check-its-true-tear-gas-chemical-
weapon-banned-war/3156448001/)
It is because of this well-established harm that "the 1925 Geneva Protocol categorized tear gas as a
chemical warfare agent and banned its use in war shortly after World War I." This ban was
strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot
control agents in warfare and went into effect in 1997.
If an officer believes that he/she must cause harm to protect the public, that should be a solemn thing.
However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy
munitions, and the laughter, insulting and dehumanizing comments, and remarks about how
"amazing" and "neat" the gas was gave the appearance that some officers were detached from the
harm they were causing. This leads to questions and concerns about the culture of the department.
While the changes made to the Use of Force Policy following this incident are beneficial steps that will
hopefully prevent a recurrence of ICPD involvement in teargassing non-combative protesters, the
internal climate portrayed in the body-cameras of officers involved in this incident should be
addressed.
Complaint #21-01
Prior to issuing a citation, an officer would preface the conversation with words to the effect: This is a
notice to appear in court on [date] and plead not guilty or guilty. Signing this does not mean you are
guilty of anything. The law states you have to sign this citation.
In addition, prior to giving the citation consider giving a brief statement of facts supporting it. For
instance, in a case like this, say two independent witnesses said you pulled out in front of the other
vehicle. Perhaps tell subject they can fight this in court.
Double check things like violations of SR-22 before telling someone that they are required to have
SR-22 Insurance.
Officers should attempt to refrain from resting hands-on holsters/guns/stun gun/ other weapons when
in the public view. While these stances are normal to officers who carry a gun every day, many
people have never even touched a gun and may feel intimidated or even threatened when an officer
has his/her hand on a gun.
This does not apply to situations when an officer believes, per recognized procedure, that he/she may
need to use a weapon.
Complaint #21-03
While most of the Board felt the use of force was justified, some Board members found it
concerning that the complainant was handcuffed by an officer who walked up behind the
complainant without announcing the officer's presence or telling the complainant in advance that
the officer was going to do so, or that the complainant was being taken into custody. At least one
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 7
Board member views that scenario as a questionable action that likely led to an unnecessary
escalation of the incident.
Additionally, there are concerns over Officers not following city and institutional mask
mandates. At the time of the incident, the City of Iowa City had a mask mandate in place that
stated "every person in Iowa City must wear a face covering that covers their nose and mouth
when in a public place. That includes anywhere out-doors in public when one cannot stay six
(6) feet away from others." The University of Iowa Hospitals and Clinics also had (and still has)
a policy mandating masks in its buildings. Regardless of this, body camera videos of incident
showed officers inside of the emergency room at University of Iowa Hospitals and Clinics
unmasked. Officers are expected to consistently follow policies and laws. When they don't, it
brings to question how they can be tasked with enforcing policies and laws if they do not
consistently follow them themselves.
Complaint #21-07
While the Board finds this complaint to be not sustained, the Board does have some serious concerns
about what it witnessed in the body cam footage of this incident. The most problematic of those is that
the last thing that was said by one of the officers before the recording ended after the conclusion of
the incident was "I kind of hoped she was gonna run." This seems to indicate that this officer was
eager for a chase or a fight, and that is not the type of attitude that someone wielding the power of a
police officer should have. Additionally, some Board members expressed concerns about the use of
curse words by one of the officers while conversing with the complainant and their companion while
on duty and in uniform. A higher level of professionalism is expected from officers.
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 one
name-clearing hearing.
Complaint Histories of Officers
City ordinance requires that the annual report of the CPRB 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 14 complaints covered by the FY22 annual
report a total of 20 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 eleven complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Age:
(4) 18-25, (5) 26-35, (1) 36-45, (1) 46-55, (1) 56-64, 65+
Disability:
(1) Physical (2) Mental (8) None
Annual Household Income:
(2) 100K 75-99K 50-75K 25-49K (7) Under 25K
Gender:
CPRB Annual Report FY 2022 – FINAL 10/12/2022 – 8
(10) Female (1) Male (1) Other
Sexual Orientation:
(5)LGBTQ (2) Heterosexual (3) Other
Ethnic Origin:
(1) Black/African-American (2) Hispanic (1) Asian/Pacific Islander (7) White/Caucasian
(2) Other
Were you born in the United States?
(9) Yes (2) No
Religion:
(1) Muslim (3) None
Marital Status:
(2) Married (9) Single
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Amanda Nichols, Chair
Orville Townsend, Vice-Chair
Theresa Seeberger
Melissa Jensen
Jerri MacConnell
Saul Mekies
Ricky Downing
Stuart Vander Vegte