Loading...
HomeMy WebLinkAbout10-22-1997 Communication8-8-1 8-8-2 CHAPTER 8 POLICE CITIZENS' REVIEW BOARD SECTION: A. Investigations into claims of inappro- priate conduct by sworn police officers 8-8- 1: Creation Of A Police Citizens' will be conducted in a manner which Review Board is fair, thorough, and accurate. 8-8- 2: Intent, Goals And Guiding Principles B. An annual reporting system regarding 8-8- 3: Definition Of Complaint; complaints against sworn police offi- Complaint Process In General cers will be established to give the 8-8- 4: Formal Mediation City Council sufficient information to 8-8- 5: Police Department And Police assess the overall performance of the Chief Investigatory Duties; City Iowa City Police Department in these Manager Investigatory Duties matters. 8-8- 6: Police Chief's Report To The Board; City Manager's Report C. The Board will: To The Board 8-8- 7: Duties Of The Board; Complaint 1. Oversee a monitoring system for Review And General Duties tracking receipt of complaints lodged 8-8- 8: Board Composition; Limited against sworn police officers; Powers Of The Board 8-8- 9: Police Officer's And 2. Provide oversight of police investi- Complainant's Rights gations through review of such investi- Preserved gations; 8-8-10: Sunset Clause 3. Provide the opportunity for a hear- ing to the police officer if the Board's findings on the complaint are critical 8-8-1: CREATION OF A POLICE of the police officer, as required by CITIZENS' REVIEW BOARD: constitutional law, and give both the As permitted under Iowa's home rule au- police officer and the complainant the thority, the City hereby creates a Police opportunity to present testimony and Citizens' Review Board, to be hereafter evidence; referred to as the "Board", subject to the duties and limited powers set forth herein. 4. Issue a final public report on each (Ord. 97-3792, 7-15-1997) complaint to the City Council which sets forth factual findings and a writ- ten conclusion which explains why 8-8-2: INTENT, GOALS AND GUID- and the extent to which the complaint INGPRINCIPLES: is either "sustained" or "not sus- tained''. 997 lowa City 8-8-2 8-8-2 D. The Board shall have no authority officer(s) at any time during the pro- over police disciplinary matters be- cess. cause only the Police Chief or City Manager may impose discipline under I. The Board shall not interfere with or Iowa law. diminish the legal rights of sworn police officers, including those rights E. No findings in the Board's report shall protected under the union contract, be used in any other legal proceeding. Civil Service Commission, and State and Federal law. Similarly, the Board F. The' Board shall only review the con- shall respect the rights of privacy and duct of sworn police officers and shall freedom from defamation shared by only act in a civil, not criminal, capaci- complainants and witnesses, as well ty. The Board is not intended to be a as those same rights enjoyed by po- court of law, a tort claim process or lice officers under the law. other litigation process. No action of the Board shall be deemed to diminish J. The City Council finds that internal or limit the right of any person to file a accountability within the Police De- claim or a lawsuit against the City. partment is a valid legislative purpose, and one method of accomplishing G. A complaint may be filed by any per- such internal accountability is to have son with personal knowledge of an the police do their own investigations incident. "Personal knowledge' means into claims of inappropriate police the complainant was directly involved conduct. If a complaint is asserted in the incident or witnessed the inci- against the Police Chief, the City dent. If the person with personal Manager will investigate the claim and knowledge is underage or otherwise report to the Board and the City Coun- unable to complete a complaint form, cil. the complaint may be filed by such person's designated representative. K. Investigation of all formal complaints The City Manager, the Police Chief, is a mandatory duty of the Police the City Council, or the Board may file Chief, and a report of each complaint a complaint based upon a reasonable investigation shall be given to the belief that police misconduct has oc- Board. Such reports to the Board shall curred regardless of personal knowl- include the factual findings of the edge. Police Chief as well as a written con- clusion explaining why and the extent H. In order to assure that people feel to which a complaint is either "sus- confident in the complaint process, tained" or "not sustained". However, nonpolice City staff shah be available such reports shall not include disci- at a public location other than the pline or other personnel matters. If the Police Department to receive corn- Police Chief and the City Manager find plaints, although complaints may also the police officer's actions constitute be filed at the Police Department. misconduct and discipline is imposed Formal mediation shall be available to by the Police Chief or City Manager, the complainant(s) and the police the internal affairs investigation may become a public record to be released 997 Iowa City 8-8-2 8-8-3 by the City Attorney to the extent acting in the capacity of a sworn po- provided by law. lice officer. L. In order to assure external account- B. Any person with personal knowledge ability of the actions of the Police of the alleged police misconduct may Department, all formal complaint in- file a complaint with the Board or with vestigations shall be reviewed by the the Iowa City Police Department. In Board and reported to the City Coun- order to have "personal knowledge", cil. the complainant must have been di- rectly involved in the incident or wit- M. External accountability will further be nessed the incident. If the person with provided by the Board's maintenance personal knowledge is underage or of a central registry of all formal com- otherwise unable to complete a com- plaints. In addition to the central regis- plaint form, the complaint may be filed try, the Board shall provide an annual by such person's designated repre- report to the City Council, which report sentative. The City Manager, the Po- shall be public and shall set forth the lice Chief, the City Council or the general types and numbers of com- Board itself may file a complaint plaints, how they were resolved, de- based on a reasonable belief that mographic information, and recom- police misconduct has occurred re- mendations as to how the Police De- gardless of personal knowledge. The partment may improve its community person or official filing the complaint relations or be more responsive to may hereafter be referred to as the community needs. "complainant". N. The Board shall have oversight au- C. All complaints filed with the Board or thority to review police practices, the Iowa City Police Department shall procedures, and written policies as be in writing and on forms provided by those practices and procedures relate the Board. Complaint forms shall be to the Police Department's perfor- available to the public in easily acces- mance as a whole, and shall report sible locations, and nonpolice staff same to the City Council, including shall be available to receive the corn- any recommended changes. (Ord. plaint forms. Assistance may be avail- 97-3792, 7-15-1997) able to complete the form as designat- ed by the Board. 8-8~3: DEFINITION OF COMPLAINT; D. All complaints must be filed with either COMPLAINT PROCESS IN the Board or the Iowa City Police GENERAL: Department within sixty (60) days of the alleged misconduct. A. A "complaint" is an allegation of mis- conduct lodged against a sworn police E. Only those complaints which do not officer ("police officer" or 'officer") involve the conduct of an Iowa City employed by the Iowa City Police sworn police officer or are not filed Department, where the complained-of within sixty (60) days of the alleged activity occurred while the officer was misconduct may be subject to summa- 997 Iowa City 8-8-3 5-8-5 ry dismissal by the Board. (Ord. B. Investigation: It shall be the mandato- 97-3792, 7-15-1997) ry duty of the Police Chief to do the following: 8-8-4: FORMAL MEDIATION: 1. Prior to investigation of any com- plaint, the Police Chief shall first give A. Formal mediation shall be the respon- Garrity and Gardner advice to all po- sibility of the Board, and shall be lice officers implicated in the corn- available to the complainant(s) and plaint, as required by constitutional police officer(s) at any stage of the law. This means the officer cannot be process upon consent of all involved required to waive the officer's consti- parties and as provided by the Board. tutional right against self-incrimination. Upon the filing of a complaint, all However, the officer may be required complainants shall be informed that to answer questions during the inves- formal mediation is available. A corn- tigation as a condition of the officer's plainant may also meet informally with employment, but any admissions the police officer and the watch corn- made by the officer cannot be used mander of the police officer if the against the officer in a criminal pro- complainant wishes to do so. ceeding. B. If a complaint is successfully mediat- 2. Notify the complainant and the ed, the terms of the mediation agree- police officer who is the subject of the ment shall be set forth in writing, and complaint that formal mediation is shall be kept confidential to the extent available at any time during the Police allowed by law; but the status of set- Department's investigation and the tlement shall be maintained in the Board's review. The Police Chief may Board's central registry for reporting in also notify the complainant that the the Board's annual report. There shall complainant may meet informally with be no retaliation against police offi- the police officer and the watch com- cers who choose not to mediate. (Ord, mander of the police officer if the 97-3792, 7-15-1997) complainant wishes to do so, 3. Assign the complaint to designated 8-8-5: POLICE DEPARTMENT AND investigators within the Police Depart- POLICE CHIEF INVESTIGATO- ment for investigation into the factual RY DUTIES; CITY MANAGER INVESTI- allegations of the complaint. GATORY DUTIES: 4. The complainant shall be inter- A. Complaints: The Police Department viewed by the Police Department and shall forward copies of all complaints shall be entitled to have a neutral City received to the Board. If the complaint staff person or some other person concerns the Police Chief, a copy of chosen by the complainant present the complaint shall also be forwarded during the interview. The police officer to the City Manager. is entitled to have a union steward present during any interviews. 997 Iowa City 8-8-5 8-8-6 5, Investigators will prepare and for- conduct interviews or request the ward a report of their investigation to police investigators to conduct addi- the Police Chief, and shall make de- tional investigations; request addition- tailed findings of fact as to the allega- al information, or that additional ques- tions in the complaint, and shall also tions be asked; interview or direct that set forth a written conclusion which other persons or witnesses be inter- explains why and the extent to which viewed; request that other documents the complaint is either "sustained" or be reviewed and/or retrieved; and any "not sustained", other investigative matters the Police Chief deems appropriate. C. Legal Advice: If litigation, including criminal charges, relating to the matter B. The Police Chief will. consult with the of the complaint is commenced or is City Personnel Administrator and the being contemplated by or against any City Attorney prior to finalizing the party to the complaint, the Police Police Chief's report to the Board, and Department, the Police Chief and/or shall then forward this report to the the Board shall consult with the City Board, which shall include the follow- Attorney and/or the Board's own attor- lng: ney on a case-by-case basis, to deter- mine whether and how the investiga- 1. Detailed written findings of fact tion of the complaint should proceed, concerning the allegations in the com- plaint; D. Complaints Against Police Chief: If a complaint is filed concerning the Po- 2. A written conclusion which explains lice Chief's conduct, the City Manager why and the extent to which the com- shall investigate or cause an investi- plaint is either "sustained" or "not gation to be completed, sustained"; and E. Disciplinary Action: Nothing in this 3. Recommended remedial actions, if Chapter shall prevent the Police Chief any, including amending current poll- or the City Manager from taking disci- cies or adopting new policies. plinary action prior to the Board's review of the complaint. (Ord. C. The Police Chief's report to the Board 97-3792, 7-15-1997) shall not include discipline or person- nel matters. 8-8-6: POLICE CHIEF'S REPORT TO D. A copy of the Police Chief's report to THE BOARD; CITY ~IAN- the Board shall be given to the police AGER'S REPORT TO THE BOARD: officer, the complainant, and the City Manager. If the complaint concerns A. The Police Chief shall receive the the Police Chief, copies of the City designated investigators' report within Manager's report to the Board shall be the time frame indicated by the Police given to the Police Chief, the corn- Chief. The Police Chief shall conduct plainant, and the City Council. a review of the investigators' report, and may do any or all of the following: 997 lou~ Ci.t.7 8-8-6 8-8-7 E. The Police Chief's report to the Board a. On the record with no additional shall be completed within thirty (30) investigation; calendar days after complaint is filed. The Board may grant extensions from b. Interview/meet with complainant; this deadline for good cause shown. c. Interview/meet with named offi- F. All investigations shall be performed cer(s) and other officers; in a manner designed to produce a minimum of inconvenience and em- d. Request additional investigation barrassment to all parties-including by the Police Chief or City Manager, the complainant, the police officer, or request police assistance in the and other witnesses. Board's own investigation; G. If a complaint is filed concerning the e. Pedormance by Board of its own Police Chief, the City Manager's re- additional investigation; port shall include the same findings of fact and conclusions as required for f. Hire independent investigators. the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 2. The Board shall apply a "reason- able basis" standard of review when reviewing the Police Chief's or City 8-8-7: DUTIES OF THE BOARD; Manager's report. This requires the COMPLAINT REVIEW AND Board to give deference to the Police GENERAL DUTIES: Chief's or City Manager's report be- cause of the Police Chief's and City A. Complaints: The Board shall forward Manager's respective professional copies of all complaints received to expertise. The Board may recommend the Police Chief for investigation; or that the Police Chief or City Manager where the complaint concerns the reverse or modify their findings only if: Police Chief, forward a copy of the complaint to the City Manager for a. The findings are unsupported by investigation, substantial evidence; B. Review Of Police Chief's Report Or b. The findings are unreasonable, City Manager's Report: arbitrary or capricious; or 1. The Board shall review all Police c. The findings are contrary to a Chief's reports and City Manager's Police Department policy or practice, reports concerning complaints. The or any Federal, State, or local law. Board shall decide, on a simple major- ity vote, the level of review to give When collecting and reviewing addi- each Police Chief's or City Manager's tional evidence, the Board shall rely report, and the Board may select any on evidence which reasonably prudent or all of the following levels of review: persons are accustomed to rely upon in the conduct of their serious affairs. 997 lowa City 8-8-7 8-8-7 3. At the conclusion of the Board's hearings as deemed appropriate by review, the Board shall issue a public the Board. report to the City Council concerning the complaint investigation. Such 6. The Board's report to the City public report shall include detailed Council shall be completed within findings of fact concerning the corn- thirty (30) calendar days of receipt of plaint, together with a clearly articulat- the Chief's or City Manager's report. ed conclusion which explains why and The City Council may grant requests the extent to which the complaint is for extensions to this deadline upon "sustained" or "not sustained'. This good cause shown. public report shall not include the names of the complainant or the po- 7. Nothing in this Chapter shall in any lice officers unless the complaint is way impede or interfere with the Po- sustained. In addition, this public lice Chief's and the City Manager's report shall not include any discipline lawful ability to perform their person- or personnel matters, although the riel supervisory duties over sworn Board may comment generally as to police officers, including the ability to whether the Board believes discipline impose discipline as deemed appropri- is appropriate without commenting on ate by the Police Chief or City Manag- the extent or form of the discipline. A er. copy of this public report to the City Council shall be given to the corn- 8. No findings or report submitted to plainant, the police officer, the Police the Board or prepared by the Board Chief and the City Manager. shall be used in any other proceed- ings. 4. The Board shall not issue a report which is critical of the sworn police C. General Powers And Duties: The officer's conduct uhtil after a 'name- Board shall also carry out the follow- clearing hearing" has been held, con- lng duties: sistent with constitutional due process law. The Board shall give notice of 1. Maintain a central registry of corn- such hearing to both the police officer plaints. and the complainant so that they may testify before the Board and present 2. Collect data and do an annual re- additional relevant evidence. The port to the City Council which shall be Board shall be responsible for protec- public and shall set forth the general tion of all State and Federal rights types and numbers of complaints, enjoyed by both the officer and the disposition of the complaints, the complainant. The officer may waive discipline which was imposed, if any, the right to this hearing upon written and demographic information. This waiver submitted to the Board. annual report shall not include the names of the complainants or officers 5. If the Board's report is not critical of involved in complaints which were not the officer's conduct, the Board is not sustained, and shall otherwise be in a required by law to offer a hearing to form which protects the confidentiality the officer, but the Board may hold of the parties while providing the pub- 997 Iowa Cit~ 8-8-7 8-8-8 lic with information on the overall 2. Following final adoption and publi- performance of the Police Depart- cation of this Ordinance, the City ment. The Board's annual report may Council shall appoint members to the also include recommended changes in Board for staggered terms. All police practices, policies or proce- pointments shall be for a four (4) year dures, term, except for the initial appoint- ments which shall be as follows: 3. In addition to the annual report, the Board shall, from time to time, report a. One person appointed for a two to the City Council on police practices, (2) year term procedures and policies, including recommended changes, if appropriate, b. Two (2) persons appointed for a three (3) year term 4. The Board shall adopt procedural rules and bylaws governing the c. Two (2) persons appointed for a Board's activities, including the receipt four (4) year term. and processing of complaints, and such procedural rules and bylaws 3. Training shall be available to all shall be approved by the City Council. Board members to enable them to (Ord. 97-3792,7-15-1997) perform the duties imposed herein, including training on Iowa's public records and open meetings laws. 8-8-8: BOARD COMPOSITION; LIM- ITED POWERS OF THE B. Limited Powers: The Board shall have BOARD: the following limited powers: A. Board Composition: 1. On its own motion, by a simple majority vote of all members of the 1. The Board shall consist of five (5) Board, the Board may file a complaint. members appointed by the City Coun- cil, who shall be Iowa City eligible 2. The Board shall decide the level of electors and shall serve without corn- review to give the Police Chief's or pensation. The City Council shall City Manager's report by a simple strive to appoint members who repre- majority vote of all members of the sent the diversity of the community. Board. Appointments to the Board shall in- clude one current or former "peace 3. The Board has no power to review officer" as that term is defined by police officer personnel records or State law. The City Council reserves disciplinary matters except to the the right to waive the residency re- extent such matters are made public quirement for good cause shown. The by the City Attorney. City Council also reserves the right, for good cause shown, to waive the 4. The Board has only limited civil, requirement that the Board include administrative review powers, and has one current or former peace officer, no power or authority over criminal matters. The Board is not a court of 997 Iowa City 8-8-8 8-8-10 law, and is not intended to substitute other applicable State and Federal as a tort claims procedure or as litiga- laws. tion against the City. B. All common law rights enjoyed by 5. If criminal charges are brought or complainants and police officers, such are being considered against a partic- as privacy and freedom from defama- ular police officer(s), the Board's re- tion, shall be protected during the view or investigation may proceed process set out in this Chapter, and it with interviewing other officers or shall be the Board's duty to protect witnesses, or collecting documents, as said rights. appropriate. Any statements given by an officer who is subject to criminal C. Notwithstanding the above provisions, investigation cannot later be used no Board member shall be liable to against the officer in a criminal pro- any person for damages or equitable ceeding, as provided under the Fifth relief by reason of any investigation or Amendment to the U.S. Constitution, recommendation or report made by unless such constitutional right is either a Board member or by the waived. Board itself. (Ord. 97-3792, 7-15-1997) 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's du- 8-8-10: SUNSET CLAUSE: This Chapter ties. shall be automatically repealed on August 1, 2001, unless reenacted by 7. The Board may hold general infor- City Council. (Ord. 97-3792, 7-15-1997) mational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informa- tional hearings to the City Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997) 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All rights enjoyed by sworn police officers employed by the City are preserved in this Chapter, and nothing herein is intended to waive, diminish or interfere with any such rights pro- tected by the union contract, Iowa's Civil Service Commission laws and 997 Iowa City