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HomeMy WebLinkAboutAnnual Report FY2023 1 | P a g e CPRB FY23 Annual Report (July 1, 2022-June 30, 2023) - DRAFT 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 seven members appointed by the City Council. 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 2023 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY23 the Board held 14 meetings which included 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 2023 the Board held its fifteenth Community Forum required by the City Charter. Board members introduced themselves and shared a summary of the Board duties. Two items of correspondence were received from the public. The forum was then opened to the public. Topics included discussion of the Iowa City Police Department core values. A member from the audience suggested adding transparency to the list of core values. Board Members In October 2022 officers were nominated with Jerri MacConnell as Chair and Melissa Jensen as Vice- Chair. In June of 2023, City Council reappointed Jerri MacConnell to the CPRB for a four-year term beginning July 1, 2023, through June 30, 2027. COMPLAINTS Number and Type of Allegations Fourteen complaints (22-09, 22-10, 22-11, 22-12, 23-01, 23-02, 23-03, 23-04, 23-05, 23-06, 23-07, 23-08, 23-09, 23-10) filed during the fiscal year July 1, 2022 – June 30, 2023. Six public reports were completed during this fiscal period (22-06, 22-07, 22-09, 22-10, 22-11, 22-12). Four complaints were summarily dismissed (23-01, 23-03, 23-04, 23-05). Six complaints filed in FY23 are pending before the Board (23-02, 23-06, 23-07, 23-08, 23-09, 23-10) 2 | P a g e CPRB FY23 Annual Report (July 1, 2022-June 30, 2023) - DRAFT ALLEGATIONS Complaint #22-06 Allegation 1 – Neglect of Duty Chief’s Report Findings: Allegation 1 – NOT SUSTAINED Board’s Findings: Allegation 1 – NOT SUSTAINED Allegation 2 – Officer’s Business Cards were not Provided Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Board’s Findings: Allegation 2 – NOT SUSTAINED Allegation 3 – Discourtesy Chief’s Report Findings: Allegation 3 – NOT SUSTAINED Board’s Findings: Allegation 3 – NOT SUSTAINED Complaint #22-07 Allegation 1 – Neglect of Duties Chief’s Report Findings: Allegation 1 – NOT SUSTAINED Board’s Findings: Allegation 1 – NOT SUSTAINED Complaint #22-09 Allegation 1 – Excessive Use of Force. Chief’s Report Findings: Allegation 1 – SUSTAINED Board’s Findings: Allegation 1 – SUSTAINED Allegation 2 – Unlawful Arrest Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Board’s Findings: Allegation 2 – NOT SUSTAINED Allegation 3 - Discourtesy Excessive Force: Allegation 3 – SUSTAINED Board’s Findings: Allegation 3 – SUSTAINED Allegation 4 – Failure to Identify Excessive Force: Allegation 4 – NOT SUSTAINED Board’s Findings: Allegation 4 – NOT SUSTAINED Allegation 5 – Bias-Based Policing Excessive Force: Allegation 5 – NOT SUSTAINED Board’s Findings: Allegation 5 – NOT SUSTAINED Complaint #22-10 Allegation 1 – Violation of Police on Integrity Chief’s Report Findings: Allegation 1 – NOT SUSTAINED Board’s Findings: Allegation 1 – NOT SUSTAINED Allegation 2 – NCIS Queries Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Board’s Findings: Allegation 2 – NOT SUSTAINED 3 | P a g e CPRB FY23 Annual Report (July 1, 2022-June 30, 2023) - DRAFT Complaint #22-11 Allegation 1 – Violation of General Order 00-01 Search & Seizure Chief’s Report Findings: Allegation 1 – NOT SUSTAINED Boards Findings: Allegation 1 – NOT SUSTAINED Allegation 2 – Violation of ICPD Standards of Conduct 320.5.9 Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Boards Findings: Allegation 2 – NOT SUSTAINED Complaint #22-12 Allegation 1 – Violation of General Order 00-01 Search & Seizure Chief’s Report Findings: Allegation 1 – NOT SUSTAINED Boards Findings: Allegation 1 – NOT SUSTAINED Allegation 2 – Violation of ICPD Standards of Conduct 320.5.9 Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Boards Findings: Allegation 2 – 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 6 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 2 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 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 fifteen allegations listed in the six complaints for which the Board reported, two were sustained and eleven were not sustained. Comments The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in four reports. Complaint #22-06 The complainant alleged the officers involved did not have business cards with them. According to rule 335.10, Officers are not required to have business cards on hand, but it is considered the best practice. One of the officers did give their badge numbers and names to the complainant. Therefore, the Board felt there was no basis to the allegation but that carrying of business cards is best practice. 4 | P a g e CPRB FY23 Annual Report (July 1, 2022-June 30, 2023) - DRAFT Complaint #22-09 The Chief’s report states that Officer A’s touching of his firearm was a common weapon retention reaction, was not unreasonable, and was not done in an aggressive or threatening manner. Such an action can be intimidating and frightening for many individuals. Complaint #22-11 The findings of this investigation reveal a troubling disregard for best practices and professional conduct by the officer who turned the doorknob. While it may be technically true that no policy was violated, it is clear that the decision to do so was unnecessary. As law enforcement officials, officers are expected to uphold the highest standards of professionalism and adhere to best practices at all times. This includes waiting for a warrant to breach a property when there is no exception to the warrant requirement. While the other officer on the scene may not have acted inappropriately themselves, it is every officer's responsibility to ensure that best practices are being followed and that professional conduct, including using appropriate language, is maintained at all times. It is imperative that law enforcement agencies hold their officers accountable for their actions and provide ongoing assurance that all officers are equipped with the skills and knowledge necessary to effectively communicate with members of the public and avoid such unnecessary escalations. It is critical that they always strive to deescalate scenarios and avoid the use of force. In conclusion, the actions of the officer in this investigation fell short of the high standards of professionalism and best practices expected of our law enforcement officials, who should always act in the best interest of public safety and uphold the values of the communities they serve. Complaint #22-12 The findings of this investigation reveal a troubling disregard for best practices and professional conduct by the officer who turned the doorknob. While it may be technically true that no policy was violated, it is clear that the decision to do so was unnecessary. As law enforcement officials, officers are expected to uphold the highest standards of professionalism and adhere to best practices at all times. This includes waiting for a warrant to breach a property when there is no exception to the warrant requirement. While the other officer on the scene may not have acted inappropriately themselves, it is every officer's responsibility to ensure that best practices are being followed and that professional conduct, including using appropriate language, is maintained at all times. It is imperative that law enforcement agencies hold their officers accountable for their actions and provide ongoing assurance that all officers are equipped with the skills and knowledge necessary to effectively communicate with members of the public and avoid such unnecessary escalations. It is critical that they always strive to deescalate scenarios and avoid the use of force. In conclusion, the actions of the officer in this investigation fell short of the high standards of professionalism and best practices expected of our law enforcement officials, who should always act in the best interest of public safety and uphold the values of the communities they serve. 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 two name-clearing hearings, but none were held. 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 22 officers were involved with allegations against them. 5 | P a g e CPRB FY23 Annual Report (July 1, 2022-June 30, 2023) - DRAFT 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 fourteen complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Age: (1) 18-25, (1) 26-35, (1) 36-45, (0) 46-55, (0) 56-64, 65+ Disability: (0) Physical (0) Mental (1) None Annual Household Income (0) 100K (0) 75-99K (1) 50-75K (0) 25-49K (2) Under 25K Gender: (2) Female (1) Male (0) Other Sexual Orientation: (0) LGBTQ (0) Heterosexual (1) Other Ethnic Origin: (2) Black/African-American (0) Hispanic (0) Asian/Pacific Islander (1) White/Caucasian (1) American Indian/Alaska Native ()Other Were you born in the United States? (2) Yes (0) No Religion: (1) None Marital Status: (0) Married (1) Single (1) Separated * Information is reported as presented by the person completing the form. BOARD MEMBERS Jerri MacConnell, Chair Melissa Jensen, Vice-Chair Ricky Downing Saul Meckies Amanda Remington Orville Townsend Stuart Vander Vegte