HomeMy WebLinkAbout01-11&12 CommunicationPOLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
January 8, 1998
Mayor Ernest Lehman
Dear Mayor Lehman:
It is the understanding of the PCRB that the City Attorney is recommending
certain changes in the PCRB Standard Operating Procedures and Guidelines
to the Council. The Board strongly disagrees with some of her
recommendations. While these changes may seem to be merely technical, in
the Board's view they speak to the very core of its responsibilities under the
ordinance.
The PCRB fervently urges the City Council to defer the PCRB SOP's' vote
until the Board has the opportunity to meet with you at our scheduled joint
meeting on February 11, 1999. The Board would be pleased to make
themselves available at an earlier date if that is more convenient with the
Council. It was the Board's original intent that it have this conversation with
you on the SOP's prior to your vote.
In the event this vote is not deferred, Board members will be attending your
informal meeting on Monday, January 11, 1999, to make a short
presentation and answer any questions.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
cc: City Council Members .
Eleanor Dilkes, City Attorney
Steve Atkins, City Manager
City of Iowa City 1'.
MEMORANDUM
Date: January 7, 1999
To: The Honorable Mayor Ernie Lehman and embers of the City Council
From: Eleanor M. Dilkes, City Attorney
Sarah E. Holecek, First Assistant City Attorney
Re: Recommendations regarding Police Citizens' Review Board (PCRB) Standard
Operating Procedures and Guidelines
On November 13, 1998, we issued a memorandum outlining our recommended changes to
the Standard Operating Procedures (SOP's) proposed by the PCRB. It appears that the City
Attorney's Office and PCRB are in agreement with the proposed changes, with the following
exceptions:
1. This Office recommended that the SOP's be amended to require that legal counsel to
the PCRB attend all meetings. The PCRB has requested, and we agree, that the SOP's
be amended to require attendance by Board Counsel "to the extent practicable". This
is reasonable and will allow for unanticipated absences of legal counsel.
2. The PCRB does not agree with our recommendation that the Complainant not be invited
to appear and present testimony when a complaint is being reviewed for the limited
purpose of summary dismissal (i.e. for not involving an Iowa City Police Officer or not
being timely filed). For the reasons outlined in our prior memo, we continue to
recommend that the complainant not be invited to participate in this hearing. Again,
we believe it is unrealistic that a discussion of the timeliness of a complaint will not
include discussion of the merits of the matter, and we find that the likelihood of
tainting the complaint investigation process or an officer's reputation outweighs any
potential impact to the complainant's opportunity for redress.
3. Since our discussion regarding our recommended changes to the SOP's, Chief
Winkelhake has notified the PCRB that all reports to the Board will use officer
identifiers such as "Officer #1, Officer #2, etc", which are not assigned to a particular
officer. The previous numbering system, whereby a particular number was applied to
an officer and that number was used in each complaint, allowed the officer to be
identified by the PCRB during the complaint investigation and deliberation process and
allowed the press to identify an officer against whom more than one complaint had
been filed. The PCRB originally proposed that officer's names be redacted from the
original complaint prior to transmission to the Board. Our recommended changes to
the SOP's simply added that "other identifying information" (such a physical
appearance) also be deleted from the complaint. It appears that the PCRB's inability
to identify an officer during the deliberation process has now become an issue, as the
PCRB believes this information is necessary to assess the credibility of an officer's
statement. It is our understanding that in light of the new numbering system the PCRB
now desires to amend the originally proposed SOP's to provide that the officer's names
and other identifying information will not be deleted from the complaint. We strongly
disagree with this change. In fact, we are concerned that such information can taint
the investigative process. In addition, we note that an officer under review must
authorize the release of their statement to the PCRB, thus the issue of an officer's
credibility will only be relevant when the officer authorizes the same. In short, for
reasons of confidentiality and avoiding the creation of prejudice and bias, we continue
to strongly recommend that all information which may identify an officer be redacted
from the initial complaint.
We understand that the PCRB will request deferral of the SOP's until after the joint
meeting between the City Council and the PCRB. We have expected that Council and
the PCRB will discuss the Chief's new numbering system and its ramifications at the
planned joint meeting. This Office will have additional comment at that time. We
believe, however, that the SOP's need to be put in place now as the discussion at the
joint meeting will likely involve a number of matters and possible ordinance changes.
If the results of that meeting requires changes to the SOP's, so be it. The ordinance
requires the adoption of procedural rules approved by Council, and clearly establishing
such procedures is particularly important for a board of this nature. A procedural
framework should be put in place now and amended later if necessary.
A redlined copy of our proposed amendments to the Board's originally proposed SOP's is
attached. We will see you at your work session on January 11 to discuss these issues. In
the meantime, if you have any questions or require a copy of the previously distributed
material, please feel free to call either one of us.
cc: Doug Russell, Counsel to PCRB by FAX
Marian Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
R.J. Winkelhake, Chief of Police
Matt Glasson, Attorney for Police Officers' Union by FAX
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[CITY ATTORNEY'S PROPOSED REVISIONS 1/07/99]
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
The PCRB was established to assure that investigations into
claims of police misconduct are conducted in a manner which
is fair, thorough and accurate and to assist the Police Chief,
the City Manager and the City Council in evaluating the overall
performance of the Police Department as a whole by having it
review the Police Deportment's investigation into complaints.
To achieve these purposes, the PCRB shall comply with
Chapter 8 of the Iowa City Code, the Board's By -Laws, and the
Police Citizens Review Board's Standard Operating
Procedures and Guidelines.
PCRB SOP 9198
TABLE OF CONTENTS
Page
Complaint Process.....................................................................................1-2
II. Formal Mediation Guidelines and Procedures ........................................... 2
III. Meetings...................................................................................................3-5
IV. Complaint Review Process.......................................................................5-7
V. Review of Policies, Procedures and Practices of the Iowa City
PoliceDepartment.....................................................................................7-8
VI. Annual Report ........................................................................................... 8
VII. General......................................................................................................8-9
VIII. Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens
Review Board
B. Iowa City Police Citizens Review Board By -Laws
C. City of Iowa City Police Citizens Review Board Guidelines and
Procedures for Formal Mediation
D. Section 21 of The Code of Iowa Official Meetings Open to
Public (Open Meetings)
E. Section 22 of The Code of Iowa, Examination of Public
Records (Open Records)
F. Police Citizens Review Board Complaint Form
PCRB SOP-9198
I. Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the PCRB shall review
investigations into complaints of police misconduct to insure that such investigations are
conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve
this by receiving, reviewing and reporting on citizen complaints in accordance with the
procedural rules in Chapter 8 of the City Code, following the Police Citizens Review
Board By -Laws, Article Vill, and the Board's Standard Operating Procedures and
Guidelines.
A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City
Code of Iowa City.
1. All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98-1). The complaint
copy sent to Board members shall have all references to police officer
names and other identifying information deleted.
B. Procedure for complaints subject to summary
dismissal
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer eiherwise
deGsieat shall be assigned a number in the ordinary manner as provided
in the City Code.
2. A copy of the complaint shall be furnished to the Police Chief or City
Manager, with a cover letter indicating that it appears to be an untimely
complaint or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
regular or special meeting.
3. A copy of the apparerrt-antfinely-complaint shall be provided to Board
members in the next meeting packet;
4. Notice shall be given to the complainant that the complaint will be on the
RAXt meeting-ageada, glviag the -serzrpla{naat_aa-eppertaaity-te beheard
;pears to beto be
untimely or to not involve the conduct of an Iowa City sworn police officer
and is subiect to summary dismissal The complainant shall be invited to
submit written correspondence to the Board on this issue prior to the
meeting at which the Board will consider the matter.
PCRB SOP-9/98 - 1
5. At the meeting at which the complaint is considered, the Board shall, by
motion in open session, vote to determine whether the complaint will be
dismissed under Section 8-8-3 l-_Eof the statateordina -', The Board
shall not discuss the facts or substance of the complaint at said open
meetina=.
6. If the Board dismisses the complaint as untimely, the staff shall forward a
copy of the decision to the Police Chief or the City manager and also to
the complainant.
a. The copy going to the Chief or City Manager shall state that the
complaint has been dismissed as untimely and that a report to the
Board by the Chief or City Manager is not required by Chapter 8
of the Code. The Board may request that an investigation be
done.
b. The copy of the decision sent to the complainant shall include a
cover letter advising that although the complaint has been
deter mine�euntimely- dismissed and will not be reviewed by
the PCRB, there is a method for the complainant to file a
complaint directly with the Iowa City Police Department that is still
available should the complainant wish to pursue the matter.
7. If the Board determines the complaint is timely and shall not be
dismissed, it shall so advise the Police Chief or City Manager so they
may continue their investigation and make their required report to the
PCRB.
C. Amendments to a complaint must be in written form.
D. The complainant may withdraw the complaint at any time prior to the Board's
issuance of its report to City Councilj..Jn'f�_ �vnm_ (7) days after the 139aFd
It. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The PCRB shall
accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City
Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with Article V of the PCRB By -Laws and the PCRB
Standard Operating Procedures and Guidelines.
PCRB SOP-9198 - 2
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
the Civic Center; notice of a meeting will also be distributed in media
boxes located in the Civic Center.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and/or memoranda directed to the PCRB (not
complaint -related). Staff shall be given directions based on Board
discussion as to whether staff shall respond or whether Board members
shall respond, with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the PCRB By -Laws, Article V, Section 6.
E. Time for "Board Information" and "Staff Information" shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
1. To the extent practicable. Legal Counsel for the PCRB shall attend all meetings
9Las directed by he Board.
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic
meetings.". "Electronic meetings" as defined in this section presumes
electronic participation is necessary for a quorumthat a majority of
2. Electronic participation participate
electronic means when the member's presence is not necessary for a
quorum- and said [nember shall have all rights as if participating in
Th
PCRB SOP-9198 - 3
K. Quorum and Voting Requirements
1. Quorum. See By -Laws V.2.
2. Voting. See By -Laws V. 10.
3. Voting to close a session. See Section 21.5, The Code of Iowa.
L. Iowa Open Records Law
1. The Board must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of the PCRB
pursuant to that Chapter.
2. The lawful custodian of the PCRB public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, she shall notify both the City Attorney
Office and counsel to the PCRB of the request.
3. All records of the Board shall be public except as specifically provided for
in Chapter 22, The Code and in er--in-the PCRB By -Laws. 9atYsertaia
they are 6peGifirally authorized W be kept Gonfidential by GhapteF 22,
Cede of Ilewa
4. Confidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint.
See By -Laws VII.1(a).
5. Confidentiality of the minutes and tape recordings or closed sessions.
See By -Laws VI1.1(b).
6. Confidentiality of mediation matters. See By -Laws VI1.1(d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings Law. See By -Laws VII.1(c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The Code of Iowa,
Official Meetings Open to Public (Open Meetings).
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By -Laws V.9.
2. Ex Parte Contacts. See By -Laws, V.8.
PCRB SOP-9/98 - 4
IV. Complaint Review Process
The Board shall review all Police Chiefs reports and City Manager's reports concerning
complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB
Standard Operating Procedures and Guidelines.
A. Review of Police Chiefs report or City Manager's report. Follow 8-8-7 B of the
City Code.
B. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The
Board shall notify the Complainant and the Police Chief, or the City Manager if
the complaint is against the Chief, of the selected level of review. The Chief shall
notify the officer of the selected level of review.
C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of
the City Code.
D. The PCRB shall not issue a public report critical of a police officer until after a
name -clearing hearing has been held or waived by the police officer. Refer to
Section 8-8-7 BA of the City Code.
E. Name -clearing hearing procedure
PCRB SOP-9/98 - 5
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If the Board determines that the comments or findings contained in its proposed report will be critical
of the conduct of a sworn police officer, it must offer the officer a name -clearing hearing prior to the
issuance of the Board's report to Council.
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less than ten working days prior to the date set for hearing. The notice to the officer should be
transmitted via the Chief of PoliceThe notice to the officer shall provide a written response form for
the police officer to state whether he or she requests an open or closed session.
4. If the officer provides a written waiver of the name -clearing hearing prior to the date set for hearing,
the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the hearing the hearing shall be
convened If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing the Board will first determine whelh r Ihe
hearing shall be open or closed If the officer reauests a closed session. the Board shall close the
session pursuant to motion specifically identifying Section 21 5(l )(i) and 21 5(l)(a) of the Iowa QQd
as the basis for closure If the officer does not request a closed session the session shall be open
except where closure is appropriate pursuant to Section 21.50 )(a)
PCRB SOP-9/99 - 6
7. At the hearing the Board shall advise the officer of the Board's per posed criticism(s) and evidence
•�•� • 1• •1 �• • •1 - ••••1 1 • •- 1•. • MM, • • .••
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9. The complainant shall not receive a notice of or have the right to participate in. a name -clearing
F. Report Writing — Follow 8-8-7 of the City Code
1. The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
2. When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the PCRB
before being submitted to the City Council.
G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of
the meeting which approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet.
H. Once the Public Report is sent to designated parties, the complaint file is closed
and is taken to the City Clerk's Office for retention.
V. Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By -Laws, and using
the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to
time, report to the City Council on policies, procedures and practices of the Iowa City
Police Department, including recommended changes, if appropriate.
A. Policy -review discussions shall be held at regular meetings, when possible.
PCRB SOP-9/98 - 7
B. When citizens have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any citizen or Board member may raise an issue at a PCRB meeting.
C. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VI. Annual Report
The PCRB shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VII1.5 of the PCRB By -
Laws, and the PCRB Standard Operating Procedures and Guidelines
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The PCRB's annual report may also include recommendations to amend the
Ordinance.
VII. General
A. The lawful custodian of the PCRB records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the PCRB.
C. When legal counsel and/or staff are contacted on PCRB business, they shall
report that information to the Chair and to each other.
D. Contacts between a Board member and the Police Chief and/or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the Board to the Police Chief or City Manager
shall be in writing.
F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB
Office Contacts Report," stating the number of telephone calls and in -office
contacts which come directly to the PCRB office, the general substance of such
contacts, and their disposition.
G. Voice Mail telephone messages to the PCRB office from citizens shall not be
retained nor will messages be transcribed unless there are extenuating
circumstances on a case -by -case basis determined by legal counsel for the
PCRB and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
eleanor%perbgde.dx
PCRB SOP-9/98 - 8
City of Iowa City
�- MEMORANDUM
Date: November 13, 1998
To: City Council
From: Eleanor M. Dilkes, City Attorney
Sarah Holecek, First Assistant City Attorney'
Re: Police Citizens Review Board Standard Operating Procedures and Guidelines
You have received from the PCRB its proposed standard operating procedures and guidelines,
which are subject to your approval prior to becoming effective. In your packet you will find a red -
lined copy of those proposed procedures showing our recommended changes. This memo will
summarize our reasons for the proposed changes. We will be available at your work session on
Monday, November 16 to answer any questions you may have regarding our recommendations.
We assume that if you are inclined to make changes to the PCRB's proposed procedures, the
PCRB will be given the opportunity to give you its input on the proposed changes. Copies of our
proposed changes and this memo also have been sent to Doug Russell, attorney for the PCRB.
We have informed Doug that you will consider both the guidelines and proposed amendments
at your meeting of November 16, and suggested that it may be helpful for member(s) of the
PCRB and/or its counsel to be present at that meeting to listen to your discussion.
The following are the reasons for the changes we are proposing.
I.(A)(2) In addition to the officer's name, other information can be included in a complaint
that would identify the officer, such as badge number or physical characteristics. Therefore, we
suggest that other identifying information be deleted from the complaint as well.
L(B) The PCRB ordinance provides for summary dismissal in two instances. The first
is when complaints have been filed after the 60 day statute of limitations, and the second is
when a complaint has been filed against a person who is not an Iowa City sworn police officer.
We suggest that this section be expanded to include both instances in which summary dismissal
is appropriate.
We are concerned about the procedure proposed by the PCRB for allowing the
complainant to comment on the possibility of summary dismissal. We understand the PCRB's
interest in allowing the complainant to be heard on this issue, yet are concerned that an
invitation to the complainant to appear at an open meeting and present evidence creates the
risk that confidential information will be discussed in a forum sanctioned by the Board. We
propose, as one way of addressing these competing interests, that the complainant be invited to
submit a written response to the Board's notice that the complaint appears to be untimely or not
against an Iowa City sworn police officer. We recognize, of course, that the complainant may
attend any open meeting, but believe that a written response will provide the Board with some
forewarning as to whether the complainant believes it is necessary to discuss the facts and
circumstances of the complaint in order to address the jurisdictional issue. We have also
included a statement in the procedures that makes it clear that the facts and substance of the
complaint will not be discussed at the open meeting at which summary dismissal is discussed. If
such discussion is required, the Board would need to consider whether an executive session
was necessary in order to dispose of the issue without compromising confidentiality.
L(D) We suggest the complainant be able to withdraw his or her complaint at any time
prior to the Board's issuance of its report to the City Council. The ordinance contemplates that
PCRB Procedures & Guidelines
November 13, 1998
Page 2
mediation is available at any time (and potentially, therefore, withdrawal of a complaint) and the
ordinance provides no authority for requiring consent of the Board to withdraw a complaint. By
way of analogy, I note that under our City Human Rights Ordinance a complainant may remove
jurisdiction from the Commission by asking for a right to sue letter at any time prior to a probable
cause determination by the Commission. In the event a complaint which the Board believes
should be pursued is withdrawn, pursuant to 8-8-3(B) of the ordinance, the Board would have
the right to initiate a complaint, assuming the 60 days statute of limitations had not passed.
III (1) It is our recommendation that legal counsel for the PCRB attend all meetings of
the Board. The legal issues are complex and numerous, including, but not limited to, open
meetings/records concerns, privacy issues, constitutional issues, liability issues and procedural
issues. As contemplated and evidenced by Section 8-8-5(C) of the ordinance, other
proceedings in which the police department and complainant may be involved (e.g., civil rights
claims, civil litigation, criminal charges) increase the complexity of the issues that face the Board
and the City, and legal advice is both prudent and necessary in such situations.
III (J) The proposed changes to this section are merely for purposes of clarification.
Section 21.8 of the Iowa Code allows an electronic meeting to be held only upon a finding that a
meeting in person is impossible or impractical. This section applies only when electronic
participation is necessary for a quorum (as opposed to when a majority of the Board members
are participating electronically). Such a finding need not be made if the member who is
participating electronically need not be present in order to constitute a quorum.
III (L) If the City Clerk requires legal counsel in determining whether a requested record
is public or confidential she should notify both the city attorney and counsel for the PCRB. We
have changed Subparagraph 3 to make it clear that the PCRB by-laws do not supplant the
requirements of Chapter 22 in determining the confidentiality of records.
IV(B) We believe the parties should be notified of the level of review. As set
forth in our proposed name -clearing procedures, a change in the level of review has
ramifications for the name -clearing hearing process.
IV(D) The name -clearing hearing may be waived.
IV(E) Name -Clearing Hearing Procedure. Our proposed name -clearing
hearing process is different from that proposed by the PCRB and contemplates a change to the
ordinance. We understand that other changes to the ordinance have been suggested and will
be discussed at a later date. As we will explain, however, the current name -clearing provision in
the ordinance is defective, conflicts with due process principles and should be amended
immediately so that an appropriate procedure for name -clearing hearings can be put in place.
The relevant provision of the ordinance to be amended states as follows:
The Board shall not issue a report which is critical of the sworn police
officer's conduct until after a "name -clearing hearing" has been held,
consistent with constitutional due process law. The Board shall give
notice of such hearing to both the police officer and the com lainant so
that thDX may testify before the Board and present additional relevant
evidence. The Board shall be responsible for protection of all State and
Federal rights enjoyed by both the officer and the com lap inapt. The officer
may waive the right to this hearing upon written waiver submitted to the
Board. (emphasis added)
PCRB Procedures & Guidelines
November 13, 1998
Page 3
The requirement of a name -clearing hearing is grounded in constitutional
principles of due process and is intended to afford the officer the opportunity to be confronted
with the Board's proposed criticisms and evidence supporting the same. The officer must then
be given a meaningful opportunity to be heard and to present additional evidence prior to
release of the Board's public report. As it is the officer who will be adversely affected by a critical
report, it is the officer who must be afforded the opportunity to respond prior to the issuance of
that report. The name -clearing hearing should not be an adversarial hearing between the officer
and the complainant. The ordinance taken as a whole does not envision such an adversarial
process and there are other more appropriate venues for such adversarial proceedings. The
Board's proposed procedures, which contemplate such an adversarial hearing, are likely an
attempt to accommodate the above -noted ordinance provision that provides for notice to the
complainant and testimony by the complainant. This provision should be amended as it is
confusing and contrary to the due -process purposes of holding a name -clearing hearing prior to
taking adverse action. We propose that the ordinance be amended as follows:
The Board shall not issue a report which is critical of the sworn police
officer's conduct until after a "name -clearing hearing" has been held,
consistent with constitutional due process law. The Board shall give
notice of such hearing to the police officer so that he or she may testify
before the Board and present additional relevant evidence. The Board
shall be responsible for protection of all State and Federal rights enjoyed
by the officer. The officer may waive the right to this hearing upon written
waiver submitted to the Board.
We note that such a change does not interfere with the ability of the Board to
interview the complainant per 8-8-7 City Code.
VII(G). The treatment of voice mail messages and the determination of whether there
are extenuating circumstances to retain or transcribe the same should be made by both counsel
for the PCRB and the City Attorney's Office as such messages may have implications for the
City and the PCRB.
The PCRB has a number of pending complaints. It is essential that we get a constitutionally
sound name -clearing hearing procedure in place. We suggest that if you accept our
recommendations, you defer approval of the PCRB procedures until December 15, so you may
hold first reading on the ordinance change on December 16. Thereafter, if you collapse the final
two ordinance readings and pass the same on December 15, the procedures may be approved
at that time in conformity with the amended ordinance.
We will see you at your work session on November 16. In the meantime, do not hesitate to call
either one of us if you have questions.
cc with proposed revisions to procedures:
Doug Russell, Counsel for PCRB by FAX
Marian Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
R. J. Winkelhake, Chief of Police
Matt Glasson, Attorney for Police Officers' Union by FAX
"I"dlKKhn"Mp0'DVW.E
I. Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the PCRB shall review
investigations into complaints of police misconduct to insure that such investigations are
conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve
this by receiving, reviewing and reporting on citizen complaints in accordance with the
procedural rules in Chapter 8 of the City Code, following the Police Citizens Review
Board By -Laws, Article Vill, and the Board's Standard Operating Procedures and
Guidelines.
A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City
Code of Iowa City.
1. All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint '
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98-1). The complaint
copy sent to Board members shall have all references to police officer
names and other identifying information deleted.
B. Procedure for complaints ubiect to summary
dismissal are filed AfteF 61
1. A complaint that appears to be untimely filed or
a number in the ordinary manner as provided
in the City Code.
2. A copy of the complaint shall be furnished to the Police Chief or City
Manager, with a cover letter indicating that it appears to be an untimely
complaint or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
regular or special meeting.
3. A copy. of the -complaint shall be provided to Board
members in the next meeting packet;
and is subiect to summary dismissal. The complainant shall be invited to
submit written correspondence to the Board on this issue prior to the
meeting at which the Board will consider the matter.
PCRB SOP-9/98 - 1
5. At the meeting at which the complaint is considered, the Board shall, by
motion in open session, vote to determine whether the complaint will be
dismissed under Section 8-8-3 lg-Eof the statateordinance.= The Board
shall not discuss the facts or substance of the complaint at said open
meeting,
6. If the Board dismisses the complaint asAmtknely, the staff shall forward a
copy of the decision to the Police Chief or the City manager and also to
the complainant.
a. The copy going to the Chief or City Manager shall state that the
complaint has been dismissed as4ntime"nd that a report to the
Board by the Chief or City Manager is not required by Chapter 8
of the Code. The Board may request that an investigation be
done.
b. The copy of the decision sent to the complainant shall include a
cover letter advising that although the complaint has been
dntenm*nad to be untimely- dismissed and will not be reviewed by
the PCRB, there is a method for the complainant to file a
complaint directly with the Iowa City Police Department that is still
available should the complainant wish to pursue the matter.
If the Board determines the complaint is -timely -and -shall not be
dismissed, it shall so advise the Police Chief or City Manager so they
may continue their investigation and make their required report to the
PCRB.
C. Amendments to a complaint must be in written form.
D. The complainant may withdraw the complaint at any time prior to the Board's
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The PCRB shall
accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City
Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
III. Meetings
Regular meetings shall be monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with Article V of the PCRB By -Laws and the PCRB
Standard Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
PCRB SOP-9/98 - 2
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
the Civic Center; notice of a meeting will also be distributed in media
boxes located in the Civic Center.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and/or memoranda directed to the PCRB (not
complaint -related). Staff shall be given directions based on Board
discussion as to whether staff shall respond or whether Board members
shall respond, with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the PCRB By -Laws, Article V, Section 6.
E. Time for 'Board Information' and 'Staff Information' shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
I. Legal Counsel for the PCRB shall attend all meetings of as directed -by the
Board.
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic
meetings.". "Electronic meetings' as defined in this section, presumes
2. Electronic participation in meetings. A member may participate by
electronic means when the member'sresence is not necessary for a
PCRB SOP-9/98 - 3
K. Quorum and Voting Requirements
1. Quorum. See By -Laws V.2.
2. Voting. See By -Laws V. 10.
3. Voting to close a session. See Section 21.5, The Code of Iowa.
L. Iowa Open Records Law
1. The Board must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of the PCRB
pursuant to that Chapter.
2. The lawful custodian of the PCRB public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
3. All records of the Board shall be public except as specifically provided for
in Chapter 22, The Code and in of in -the PCRB By -Laws. Only Certain
FeGerds shall be kept oonfideRtial.
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4. Confidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint.
See By -Laws VII.1(a).
5. Confidentiality of the minutes and tape recordings or closed sessions.
See By -Laws VIIA(b).
6. Confidentiality of mediation matters. See By -Laws VIIA (d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings law. See By -Laws VII.1(c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The Code of Iowa,
Official Meetings Open to Public (Open Meetings).
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By -Laws V.9.
2. Ex Parte Contacts. See By -Laws, V.8.
PCRB SOP-9/98 - 4
IV. Complaint Review Process
The Board shall review all Police Chief's reports and City Manager's reports concerning
complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB
Standard Operating Procedures and Guidelines.
A. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the
City Code.
B. Select a level of review as outlined in 8-8-7 B. t (a)-(f) of the
C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 8.6 of
the City Code.
D. The PCRB shall not issue a public report critical of a police officer until after a
name -clearing hearing has been held or waived by the police officer. Refer to
Section 8-8-7 BA of the City Code.
E. Name -clearing hearing procedure
Lf the Board determines that the comments or findincis contained in its or osed report will be critical
of the conduct of a sworn police officer, it must offer the officer a name -clearing hearing prior to the
issuance of the Board's report to Council.
2, The Board shall select a proposed date for the name -clearing hearing.
3. Written notice of the date, time and place of the name -clearing hearing shall be given to the officer no
less than ten working days prior to the date set for hearing. The notice to the officer should be
transmitted via the Chief of Police. The notice to the officer shall provide a written response form for
the officer to demand or waive the name -clearing hearing. Said written response form shall also allow
the police officer to state whether he or she requests an open or closed session.
4. If the officer provides a written waiver of the name -clearing hearing prior to the date set for hearing
the hearing shall not be held.
5. If the officer does not rend to the notice prior to the time of the hearing. the hearing shall be
convened. If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or apoears at the hearing, the Board will first determine whether the
hearing shall be open or closed. If the officer requests a closed session, the Board shall close the
session pursuant to motion specifically identifying Section 21.5(1)(1) and 21,5(1)(a) of the Iowa Code
as the basis for closure, If the officer does not request a closed session the session shall be open
except where closure is appropriate pursuant to Section 21.50)(a).
PCRB SOP-9t98 - 6
7. At the hearing the Board shall advise the officer of the Board's proposed criticisms) and evidence
supporting the same. The officer shall be given the opportunity to be heard and to present additional
evidence, including the testimony of witnesses.
8. If, subsequent to a name -clearing hearing or waiver of a name -clearing hearing by the officer, the
Board changes its level of review, it shall issue a new written notice pursuant to subparagraph B.
hereof. If, following said change, the proposed report is critical of the swom officer's conduct, the
Board shall offer another name -clearing hearing to the officer pursuant to the name -clearing hearing
procedures herein.
9. The complainant shall not receive a notice of, or have the right to participate in, a name -clearing
hearing.
Report Writing — Follow 8-8-7 of the City Code
The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
2. When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the PCRB
before being submitted to the City Council.
G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of
the meeting which approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet.
H. Once the Public Report is sent to designated parties, the complaint file is closed
and is taken to the City Clerk's Office for retention.
V. Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in the City Code, 8-8-7 C(3), and Article 11 of the PCRB By -Laws, and using
the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to
time, report to the City Council on policies, procedures and practices of the Iowa City
Police Department, including recommended changes, if appropriate.
A. Policy -review discussions shall be held at regular meetings, when possible
B. When citizens have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any citizen or Board member may raise an issue at a PCRB meeting.
PCRB SOP-9/98 - 7
C. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VI. Annual Report
The PCRB shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department. 8-8-2 M and 8-8-7 C.2 of the City Code, Article VI11.5 of the PCRB By-
laws, and the PCRB Standard Operating Procedures and Guidelines
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The PCRB's annual report may also include recommendations to amend the
Ordinance.
VII. General
A. The lawful custodian of the PCRB records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the PCRB.
C. When legal counsel and/or staff are contacted on PCRB business, they shall
report that information to the Chair and to each other.
D. Contacts between a Board member and the Police Chief and/or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the Board to the Police Chief or City Manager
shall be in writing.
F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB
Office Contacts Report," stating the number of telephone calls and in -office
contacts which come directly to the PCRB office, the general substance of such
contacts, and their disposition.
G. Voice Mail telephone messages to the PCRB office from citizens shall not be
retained nor will messages be transcribed unless there are extenuating
circumstances on a case -by -case basis determined by legal counsel for the
PCRB and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
eleanoeperbgde.doc
PCRB SOP-9/98 - 8
City Council Meeting Schedule and January 6, 1999
Tentative Work Session Agendas
6:30p COUNCIL WORK SESSION Council Chambers
6:30p
Review Zoning Matters
7:10p
Review Agenda Items
7:20p
Building Code
7:30p
Recreation Fees
7:40p
PCRB Standard Operating Procedures
8:00P
Airport Land Acquisition Program
8:1 5p
Fiscal Year 2000 Budget
8:30p
Council Appointments: Riverfront and Natural Areas Commission (1)
8:35p
Council Agenda/Council Time
7:00p FORMAL COUNCIL MEETING Council Chambers
January 13
4:00p-6:00p SPECIAL COUNCIL WORK SESSION North Liberty City Hall
Joint Meeting - North Liberty, Coralville,
JC Board of Supervisors, School Board
Separate Agenda Posted
IJanuary 14 Thursday
3:00p-6:00p COUNCIL WORK SESSION Senior Center Lower Level
Budget
January 18 Monday
MARTIN LUTHER KING JR DAY - CITY OFFICES CLOSED
January 25
6:00p COUNCIL WORK SESSION Council Chambers
6:00p Conference Board Meeting — Agenda TBA
6:30p Regular Work Session — Agenda TBA
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Benton Street Reconstruction Hickory Hill West
Transit Route Study North Side Parking Meters
U of I Pedestrian Bridge Over Hwy 6 Water Project Update
Transit Interchange Sidewalk Cafes
Goosetown Traffic Calming Chutes and Vaults