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HomeMy WebLinkAbout10-10-1997 Minutes POLICE CITIZEN REVIEW BOARD OCTOBER 8, 1997 - 6:30 A.M. LOBBY CONFERENCE ROOM MINUTES CALL TO ORDER Temporary Chair Paul Horley called the meeting to order at 6:30 A.M. ATTENDANCE All Board members were present: J. Watson, M. Raymond, P. Fan-ant, L. Cohen and P. Hoffey. Staffpresent: D. Russell, M. Karr and S. Bauer. MINUTES Motion by J. Watson, seconded by L. Cohen that the Consent Calendar be adopted. Discussion followed. Minutes o£the October 2, 1997 meeting are amended to reflect further discussion under item "Conflict of Interest," page 2, "as long as the Complaint does not reflect some certainty about who the participants are, and a member of the Board then concludes that he/she cannot participate, that we ought to go forward." Motion to adopt Consent Calendar as amended approved unanimously, 5/0, all members present. RECOMMENDATION TO COUNCIL: None BY-LAWS D. Russell addressed his findings about issues regarding closed documents and, more specifically the Complaint and the Police ChieF's Report, and issues of confidentiality. Counsel also addressed the definition of the terms "reasonable basis" and "deference." After reviewing recommended changes by counsel, the Board concurs on the following changes: Article IV, Section 2: Staff was directed to determine when Board terms end and hold election of officers one month later. Article V, Section 1 and 2: Combine Section 1 and 2 and then re- number the rest of the sections. Article V, Section 5: Add "the" in front of Iowa Code and throughout the remaining by-laws. Minutes - 10/8/97 Page 2 Article V, Section 9: Counsel D. Russell defined interested party as a person with actual contact with the facts ora particular complaint, to include the applicant, complainant, witnesses, or police officer involved, including the Police Chief or City Manager preparing the report, but would not include the general populace or the media. He recommended no change to the proposed by-laws. Article V, Section 11: Votin_~. A majority vote is required to pass any motion or election, except for closing sessions which shall be done as provided for in the Iowa Code. Article VII, Section l(a): Counsel D. Russell clarified "reports of investigations" shall include the Police Chief and/or City Manager's Report. Supporting reference for closing the Complaint and Report include (1) language in the Ordinance, (2) relying on support of the Iowa Code, and (3) adopting this by-law section. Article VII, Section l(c ): Substitute "No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law." Add Article VII, Section l(d): Mediation matters are protected by the Iowa Code. P. Farrant moved that the PCRB defer adoption of the by-laws until a final draft with recommended changes is presented and reviewed by Board members. Motion seconded by M. Raymond. Motion unanimously carried, 5/0, all members present. OPERATING RULES Counsel reminded Board members that its Operating Rules, like by-laws, must be approved by the City Council. POLICE POLICIES/ RULES AND REGULATIONS P. I-Ioffey stated the presented Rule~fPolicies and Regulations provided by the Police Department appear to be consistent with the professional standards that he is familiar with. Minutes- 10/8/97 Page 3 CONSIDER MOTION TO ADJOURN INTO EXECUTIVE SESSION Motion by J. Watson and seconded by P. Farrant to adjourn into Executive Session based upon Iowa Code 21.5(g) to avoid disclosure of specific law enforcement matters and (i) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Motion carried unanimously, 5/0, all members present. Brian Sharp, lowa City Press Citizen questioned closing for personnel matter. He was referred to Chapter 22.7 of the Iowa Code requiting police officer's report to be kept confidential and 21.5(a) to review or discuss records which are required or authorized by state or federal law to be kept confidential. Regular meeting closed at 8:05 A.M. Regular meeting resumed at 8:35 A.M. OTHER BUSINESS: M. Karr reported that Council granted the 45-day extension of time to respond to Complaint 97-1, giving the Board until November 21. Council has also requested that the Board attend a formal meeting and be introduced. However, since there is a conflict with the Council meeting time and the Police Citizen Academy, M. Karr will convey this information to the Council and a time will be scheduled in January. M. Raymond disclosed for the record an exparte contact with a neighbor who stated he was the officer involved in a complaint; no substantive information was discussed, nor does Ms. Raymond feel it will create any conflict of interest issues. Discussion followed about counsel attendance at meetings. It was decided Mr. Russell need not attend meetings until further notice. Although the Board will draft their reports to the City Council, Mr. Russell assured the Board he will be available for review and assistance. Minutes - 10/8/97 Page 4 ADJOURNMENT Motion for adjournment by M. Raymond and seconded by P. Farrant. Motion carried unanimously, 5/0, all members present. Meeting adjourned. NEXT MEETING Friday, October 10, 1997, 4:00 P.M. to 6:00 P.M., Lobby Conference Room.