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HomeMy WebLinkAbout01-11&12 Communication POLICE 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 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. Leah Cohen, Chair Police Citizens Review Board cc: City Council Members Eleanor Dilkes, City Attorney Steve Atkins, City Manager ci, M MORANDUM 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~cj/- 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 HeUing, Assistant City Manager R.J. Winkelhake, Chief of Police Matt Glasson, Attorney for Police Officers' Union by FAX [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 Chapter8 of the~owe City Code, the Board's By-Laws, and the Police Citizens Review Board's Standard Operating Procedures and Guidelines. PCRB SOP 9/98 TABLE OF CONTENTS Page I. 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 Police Department ..................................................................................... 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-9/98 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 VIII, 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 flied 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 '"~-;"~- "-" ¢,,,..4 ..~,.. o~..~,, ,4 .... subiect 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 cthc,'¥.'!cc defmJem-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 eolice officer and will be reviewed by the Board at its next regular or special meeting. 3. A copy of the a~complaint shall be provided to Board members in the next meeting packet; 4. Notice shatl be given to the complainant that the complaint ,.vi!! b9 o~ tho """* meeting age~da~vi~iRaRt~an .... "*"~+" '" ~'e ..... d ................................. ~. ...... WaS ti ..... ¢ ..... , appears, to be untimely or to not involve the conduct of an Iowa City sworn police officer and is subject to summaw 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 D-Eof the ....... ordlnance.~~ shall not discuss the facts or substance of the complaint at said open meeting;, 6. If the Board dismisses the complaint =c u~timo!y, 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 ae.,, ,'*~"~""',.,,, ,v., 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 detecmiF~m~-~be-u~timek/- 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,v ;'' *;-'"~.,,.,v,, .... ~, ,~,4 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 Council '"' * ....... f?~ ,4 ..... r.... thc ~,.~.,4 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 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-9/98 - 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. I. To the extent practicable. Legal Counsel for the PCRB shall attend all meefings ......... · 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 electronic participation is necessary_ for a ouorum ' ' 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a auorum, and said member shall have all ri_ahts as if participating in ....... · ....... C," ....... ~ 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 o~ the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the Ci~ Clerk reauires legal counsel concerning whether a document is public or confidential, she shall notif_v both the Cit_v AttQrney's Office and counsel to the PCRB of the reauest. 3. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code and in ~r !,", the PCRB By-Laws. ©~!:,' 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 Vl l.l(b). 6. Confidentiality of mediation matters. See By-Laws VII.1 (d). 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws Vll.l(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. 1 (a)-(f) of the City Code. The ._Board shall noti _~, the Complainant and the Police Chief. or the City Manager if the compl¢int is ag@inst the Chief. of the selected level of review. The Chief shah 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 eolice officer. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure 1.Thc .... d .......... ct 3 propcced d~tc for *h 2.Written ....,i..~ ;,- ' "" *" *~'" officer '~",4 *h.~ ......... gw .......................... t:me .... trancm!tted ':!a *.he Ch!cf cf Pc!lee. The .-,ct!ce to the e~ccr should · . 3.The o~cer ma:.' ...... ,4 h.. ,4 ....'~;"" a h.....;.... '"'",4'"'t : ~-..o.i.....-.-- ~" ........ = 35 ~ ........... z ~ . ...................................... on PCRB SOP-9/98 - 5 8-8-7-B.5 efMb, e-statute st3tes4haPtheq~eard .... ; ..~ a h~ h~, ,,,~, ~ ....... ~ ............. ~ ...... ~ ~.,~,.~.~";~, ,~.-~-~.,~'*'~"~ m~.,,~ ~o3-~.~ n~od not~, ~.,~;~ 2 he~'~ .,. ;~ such (c) in the event thc cfficor~~¢y conce~~ ............... ~ ........ ~ 3 dosed h ......... ~ ~ ..... ~. ~.~. ,~ .... ~ d~n.~k~'~,,~ .... ~"~ cf n .... ~ ..... ~ the 1. If the Board determines that the comments or findinq8 c~ntained in its DrODOSed reood will be critical of the conduct of ~ sworn police officer, it must offer the officer a name-clearine hearino prior to the issuance of th~ Board's repod to Council. 2. The Board shall select a proposed date for the name-clearino hearing. 3. Written notice of the date. time and place of the name-clearine hearine shall be eiven to the officer no less than ten working days odor to the date set for hearing. The notice to the officer should be transmitted via the Chief of Polio. The notice to the officer shall Provide a written resDonse form for the officer to demand or waive the name-clearine hearing. Said written response form shall also allow the oolice o~cer to state whether he or she reouests an oDen or closed session. 4. If the officer provides a written waiver of the name-clearin~ hearing odor to the date set for hearino. the hearine shall not be held. 5. If the officer does not resoond to the notice prior to the time of the hearino, the hearin~ shall be convened. If the o~cer does not aDpear, the hearing ~h¢l be terminated. 6. If the officer demands a hearino or appears at the heerinq, the Beard will first determine whether the hearine shall be open or closed. If the officer reouests a closed session, the Board shall close the session pursuant to mot. ion specifically identi~ing Section 21.5fl )fi) and 21.5fl~fa~ of the Iow~Ood~ as the basis for closure. If the officer does not reeuest a closed session the session shall be ¢ except where closure is appropriate pursuant to Section 21.5fl )fa). PCRB SOP-9/98 - 6 7. At the hearine the Board shall advise the officer of the Board's orooosed criticism(s) and evidence ~Vpportino the same. The officer shall be given the oeoortunitv to be heard and to oresent additional evidence, including the testimony of witnesses. 8. If, subse(~uent to a name-clearino hearino or waiver of a name-¢learinc~ hearing by the officer, the Board chanees its I~yel of review, it shall issue a new written notice oursuant to suboaraoraDh B. hereof. If. followiqg ~;0id change, the oroposed report is crjtK::01 of the sworn officer's conduct, the Board shall offer another name-clearina hearina to the officer Dursuant to the name-clearina hearina orocedures herein. 9. Thc g0mDlainant shall not receive a notice of. or have the right to Darflcigate in. a name-clearina hearing. 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 PCP, B 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 VIII.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 ara contacted on PCRB business, they shall report that infon'nation 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 f~r th~ PCRB and the City Attorney's office. H. The Board shall utilize its own letterhead stationery. eleanor~octbgde.dcc PCRB SOP-9/98 - 8 City of Iowa City M MORANDUM Date: November 13, 1998 To:City Council From: Eleanor M. Dilkes, City Attomey Sarah Holecek, First Assistant City Attome 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 pdor 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 ara 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. I.(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 swom 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. I.(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 erdinance 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 dght to initiate a complaint, assuming the 60 days statute of limitations had not passed. III (I) 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 repod 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 complainant so that they 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 ~nd the complainant. 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 oppodunity 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 oppodunity to respond prior to the issuance of that report. The name-clearing headng 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 headng 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 1't. 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. 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 shell 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 VIII, 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 identifyin.q information deleted. B. Procedure for complaints ,,,h~..~, ~,.. ~;~..,~ ~., ..~..~., ,~ .... bj .......................... · ~_jv su ect 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 .......... 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 ~omplaint shall be provided to Board members in the next meeting packet; 4. Notice shall be given to the complainant that the complaint ;';!!! be on the ..~ ,h.. ~ ...... ~ ,.,h..*h... ,h ..... ~o;.* ..... *;'~'""' "'"'~' appears to be untimely or to not involve the conduct of an Iowa City sworn police officer and is subject to summary dismissal. The complainant shall be invited to submit written correspondence to the Board on this issue prior to the meetinq at which the Board will consider the matter. PCRBSOP-9~8-1 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 D-Eof the ...... sord~nance.~. The Board shall not discuss the facts or substance of the complaint at said open meetin.qf. 6. If the Board dismisses the complaint as-a,,=r~aeiy,-, 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 =c .......... , '~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 · ~"~"'"'~""'~ *'" ~' .... ~"'"'~" 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 shou d the comp a nant wish to pursue the matter. 7. If the Board determines the complaint ~hall 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. Co Amendments to a complaint must be in wdtten form. D. The complainant may withdraw the complaint at any time pdor to the Board's issuance of its report to City Council,up * ....... ~"~ 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 Guid~)lines 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. A. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. PCRBSOP-9~8-2 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 Board. J. Electronic Participation 1. Follow the requirements of Section 21.8. The Code of Iowa for "electronic meetin.qs.". 'Electronic meetings' as defined in this section presumes electronic participation is necessary for a quorum ...... m=;c;:.'y ...... 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all ri.qhts as if participatin.q in person thc m=jo;!~! c~ ~'" ~'-~-'~ ......... The Code cf !c';:a. PCRBSOP-9~8-3 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 le,qal counsel concernin,q whether a document is public or confidential, she shall notify both the City Attorney's 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 end in or {~ *.he PCRB By-Laws. O.-.!~,, 4. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws VIl.l(a). 5. Confidentiality of the minutes and tape recordings or closed sessions. See By-Laws VIl.l(b). 6. Confidentiality of mediation matters. See By-Laws VII.1 (d). 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By-Laws VIl.l(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 Poi/ce 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. 1 (a)-(f) of the City Code. The Board shall notify the Complainant and the Police Chief, or the City Mana,qer if the complaint is aqainst 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 B.4 of the City Code. E. Name-clearing hearing procedure ................................ ,. ..... repc~ ..... 1. J! the Board determir~es that the comments or f ndin.qs oontained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name-clearinq hearing prior to the issuance of the Board's report to Council 2. The Board shall select a proposed date for the name-clearinq hearinq. 3. Written notice of the date, time and place of the name-clearing hearinq shall be given to the officer no {ess than ten workinq days prior to the date set for hearinq. The notice to the officer should be !ransmitted 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 hearinq. 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-clearinq headnq prior to the date set for hearing, the hearinq shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearinq, the he..a, rJnq shall be convened. If the officer does not appear, the hearinq shall be terminated. 6. If the offi¢¢r demands a hearing or appears at the hearing, the Board will first determine whether the hearinq shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant tO motion specifically ide~tifyinfl Section 21,5(1)(i) 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 21.5{1 )(a). PCRB SOP-9/98 - 6 7. At the hearin(l the Board shall advise the officer of the Board's proposed criticism(s) and evidence supportinq the same. The officer shall be (liven the opportunity to be heard and to present additional evidence, includinq the testimony of witnesses. 8. If, subsequent to a name-clearinq hearinq or waiver of a name-clearinq hearinq by the officer, the Board chanqes its level of review, it shall issue a new written notice pursuant to subparaqraph B. hereof. If, followinq said chanqe, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearin¢l hearinq to the officer pursuant to the name-clearinq hearinc] procedures herein. 9. The complainant shall not receive a notice of, or have the riqht to participate in, a name-clearinq hearin(l. F. Report Writing - Follow 8-8-7 of the City Code 1. The Chair shall appoint a committee to prepare draff 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 VIII.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 cells 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. eleano~.dec PCRBSOP-9~8-8 ~ City Council Meeting Schedule and January 8. 1999 ~ c~ o~. Tentative Work Session Agendas I January 11 Monday 6:30p COUNCIL WORK SESSION Council Chambers 6:30p Review Zoning Matters 7:1Op Review Agenda Items 7:20p Building Code 7:30p Recreation Fees 7:40p PCRB Standard Operating Procedures B:00p Airport Land Acquisition Program B:l 5p Fiscal Year 2000 Budget B:30p Council Appointments: Riverfront and Natural Areas Commission (1) 8:35p Council Agenda/Council Time IOanuary 12 Tuesday 7:00p FORMAL COUNCIL MEETING Council Chambers I January 13 Wednesday 4:00p-6:OOp SPECIAL COUNCIL WORK SESSION North Liberty City Hall Joint Meeting - North Liberty, Coralville, JC Board of Supervisors, School Board Separate Agenda Posted IOanuary 14 Thursday 3:00p-6:OOp COUNCIL WORK SESSION Sen/or Center Lower Level Budget IOanuary 18 Monday MARTIN LUTHER KING JR DAY - CITY OFFICES CLOSED I January 25 Monday 6:00p COUNCIL WORK SESSION Council Chambers 6:Oep Conference Board Meeting - Agenda TBA B: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