HomeMy WebLinkAbout06-21-1999 Communication Spouses and relatives of City Council Members and members of comparable County
- Boards and Commissions are not eligible for appointment to City Boards and
Commissions. This includes: spouse, child, mother, father, mother- in- law, father-
in- law, brother, sister, brother- in- law, sister- in- law, step-father, step-mother,
step-child, aunt, or uncle. (Resolution'85-354)
Males: 2
Females: 2
June 29,1999
POLICE CITIZENS' REVIEW BOARD
One Vacancy - Unexpired Term
May 18, 1999 - September 1, 2000
John R. Stratton []
815 Wylde Green Road
James Clayton []
3059 Prairie du Chien Road NE (not in the City Limits)
John Robertson []
915 Oakcrest #12
Jeff M. Gillitzer []
911 Highland Avenue
[] Denotes applicant completed the Confidential page of the application.
CITY OF IOWA CITY
POLICE CITIZEN REVIEW BOARD
Individuals serving on Boards/Commissions play an impo~ant role in advising the Cou~ad'on ~tters of interest
to our community and its future. Applicants must reside in Iowa City. However, the ~y C~u~cil reserves the
right to waive the residency requirement for good cause shown.
After a vacancy has been announced, the Council reviews all applications during the work session. The
appointment is made at the next formal Council meeting. Appointees se~e as unpaid volunteers.
PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City,
Iowa.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR
THE PUBLIC, WITH THE EXCEPTION OF THE ~ST PAGE MARKED 'CONFIDENTIAL", THIS APPLICATION WILL
BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY
DURING THAT TIME. ,
NAME ~ ~[ ~ "~(') Z~ ¢ HOME ADDRESS ~ (~ [~
I )ur home address (listed above} within the corporate limits of Iowa City? ~ Yes __ No
H Iong have you been a resident of lowa City? /~{~ ~/ ~*.r~ [~
OCCUPATION ~'~$~S ~(~ 5+ EMPLOYERlJ
PHONE NUMBER: HOME ~;~[~ BUSINESS '~q
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION:
PCRB
Page 2
ARE YOU OR HAVE YOU EVER BEEN A "PEACE OFFICER" AS DEFINED IN IOWA CODE SECTION 801.4(11)
(.CEE BELOW). IF SO, PLEASE IDENTIFY THE POSITION(S), THE DATES YOU HELD THE POSITION(S), A BRIEF
L ,CRIPTION OF YOUR DUTIES IN THE POSITION(S) AND THE REASON YOU LEFT THE POSITION(S).
"Peace officers", sometimes designated "law enforcement officers", include:
a. Sheriffs and their regular depu,ties who are subject to mandated law enforce-
ment training.
b. Marshals and police officers of cities.
c. Peace officer members of the department of public safety as defined in
chapter 80.
d. Parole officers acting pursuant to section 906.2.
e. Probation officers acting pursuant to section 602.7202, subsection 4, and
section 907.2.
f. Special security officers employed by board of regents institutions as set forth
in section 262.13.
g. Conservation officers as authorized by section 456A. 13,
h. Such employees of the department of transportation as are designated "peace
off/cers" by resolution of the department under section 321.477.
i. Employees of an aviation authority designated as "peace off/cer$" by the
authority under section 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law,
WHAT IS yoUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? ~.'~ J~'h.MJ~(~ c ~
/ , ' , - , J , -
WHAT NTRIBUTIONS O YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR
J
PCRB
Page 3
OU THINK A CONFLICT OF INTEREST MAY EXIST BETWEEN OTHER ACTIVITIES IN WHICH YOU ARE
ENGAGED AND YOUR POSSIBLE APPOINTMENT TO PCRB, PLEASE DESCRIBE BELOW AND THEN CAN
CONTACT THE CITY ATTORNEY'S OFFICE.
IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED7 X YES NO
DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? ,~YES NO
(It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.)
Misrepresentations on this application will constitute just cause for removal of an appointee.
If you fail to answer all questions on the application you may not be considered for appointment.
cclerk~4~olctapp,doc July 1997
DRAFT
ANNUAL REPORT
OF THE
POLICE CITIZENS REVIEW BOARD
October 1, 1998 to August 1, 1999
GENERAL RESPONSIBILITIES
The Police Citizens Review Board (PCRB) was created by Ordinance
No. 97-3792 of the City of Iowa City on July 15, 1997 (amended by
Ordinance No. 99-3877 on April 28, 1999).
The Board 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 by
reviewing the Police Department's investigations into complaints. The Board
is also required to maintain a central registry of complaints and to provide an
annual report setting forth the numbers, types and disposition of complaints
of police misconduct. To achieve these purposes, the Board complies with
Chapter 8 of the iowa City Code, the Board's By-Laws and Standard
Operating Procedures and Guidelines.
PCRB Responsibilities Include:
1. Review all complaints of police misconduct
· Review Chief's Report in a manner that is fair, thorough and
accurate
· Issue public report to City Council
2. Help the Chief, City Manager, and City Council evaluate the
overall performance of the Iowa City Police Department (ICPD)
· Maintain a monitoring system for tracking complaints
· Provide an annual report to the City Council
· Review practices, procedures and policies and make
recommendations for change
· Recommend ways for the ICPD to improve community
relations and be more responsive to community needs
3. Assure the citizens of iowa City that the ICPD's performance is
in keeping with community standards.
· Seek and accept comment, opinion and advice
PCRB Annual Report FY '99 - 6~22/99-1
· Hold periodic community forums to gather public input and
to inform the public
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 1999
Meetings
The PCRB holds regular meetings on the second Tuesday and special
meetings on the fourth Tuesday of the month. During fiscal year 1999, to
address complaints and handle a variety of administrative tasks and outreach
activities, the Board actually held 32 meetings, each averaging two to three
hours in length. Board members assigned to review investigations of
complaints and prepare written reports for the City Council spent up to four
hours per complaint to complete these tasks. The whole Board also devoted
about 16 hours to discussions, preparations, meetings, and presentations
related to changes in By-Laws, Standard Operating Procedures (SOPs), and
the City Ordinance. We estimate that in fiscal year 1999, Board members
dedicated a total of 86 person hours to the work of the PCRB
Administration
Bylaws, Standard Operating Procedures, City Ordinance Changes
During the year, the Board worked with City staff and the Council to
make minor revision to its By-Laws and to obtain formal approval for the
Standard Operating Procedures (SOP) the Board originally implemented in
September 1998. In addition, the City revised the Ordinance under which
the Board was established and operates. During this lengthy process, the
full Board and individual members met a number of times with City staff and
the City Council and the full Board made a formal presentation to the
Council, expressing concerns related to proposed SOP and ordinance
revisions.
One of the Board's major concerns was that we continue to have
access to information with which to track patterns in complaints against
officers, though not necessarily information that would identify individual
officers. Satisfactory resolutions of this issue and other matters were
ultimately reached and are reflected in the ordinance amendment passed on
April 28, 1999 and in the changes approved for the SOPs.
Complaint Procedures
To streamline the complaint process for complainants, the Board
redesigned and simplified the complaint form to collect only essential
information. We also initiated development of a simple message to
PCRB Annual Rcporl FY '99 - 6~22/99-2
accompany both the PCRB form and the Police Department complaint form.
This message was designed to help complainants choose which form to
complete and, thereby, to designate the process by which their complaints
will be handled.
We also developed form letters and procedures for addressing
untimely filed complaints and standardized the content of routine Board
correspondence.
Ordinance 99-3877 extends the time complainants have for filing
complaints from 60 to 90 days of the alleged misconduct.
Time Required to Complete the Complaint Review Process
To complete their review and reporting on complaints in FY 1999,
both the Board and the Police Department consistently found it necessary to
request extensions of the time limits specified in the Ordinance establishing
the Board. Both groups requested that these limits be extended. Ordinance
No. 99-3877 specifies that the Chief's Report to the Board must be
completed within 90 calendar days after a complaint is filed and that the
Board's report to the City Council must be completed within 45 calendar
days of receipt of the Chief's Report.
Community Forums
The PCRB held two public forums in FY 99. Approximately 60 people
attended the forum at the Newman Center on December 1, 1998.
Discussion and comments focused mainly on concerns of university students
and a number of Iowa City police officers attended this forum.
The Police Chief made a presentation at the forum held at the
Broadway Neighborhood Center on April 28, 1999. The Board heard
comments from neighborhood young people, landlords, and other citizens,
mainly about neighborhood concerns.
Issues raised at community forums help determine the direction of
Board activities and are addressed in its long-term goals.
To provide more flexibility in options for future forums, the Board
modified its By-Laws to permit forums to be held in non-City buildings.
PCRB Annual Report FY '99 - 6/22/99-3
Complaints
Number and Type of Allegations
The Board received thirteen ,complaints in FY 1999, nine in 1998 and
four to date in 1999.' We have issued public reports on nine of these
complaints; one was dismissed as not timely filed; three are now under
reyiew. The following data are based on the twenty-eight allegations in the
nine complaints reported on. All nine complaints contained more than one
allegation.
Allegations
Excessive force 5
Rude behavior or "attitude" 4
Racial discrimination/racially motivated behavior 3
Unreasonable search 3
Disagreement with officer assessment of the situation 3
Unprofessional conduct 2
Unwarranted charged filed 2
No probable cause 1
Arrest for intoxication on private property 1
Complainant not informed of outstanding warrant 1
Complainant not permitted to take medication 1
Unnecessary administration of breath test 1
Profanity used 1
Level of Review Selected for FY 1999 Complaints
The Board decided, by simple majority vote, the level of review to give
each report submitted by the Chief or the City Manager, selecting one or
more of the six levels specified in the City Code:
FY 1999
Level a On the record with no additional investigation 4
Level b Interview or meet with complainant 0
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 5
City Manager, or request police assistance
In the Board's own investigation
Level e Board performs its own additional investigation 4
Level f Hire independent investigators 0
PCRB Annual Report FY '99 - 6/22/99-4
Complaint Resolutions
Complaints of misconduct of police officers are investigated by the
Police Department. The Police Chief summarizes the results of these
investigations and indicates in a report (the Chief's Report) to the PCRB
whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares
and submits the reports.)
The Board reviews both the citizen's complaint and the Chief's Report
and decides whether the allegations should be sustained or not sustained.
The Board prepares a report for the City Council, with copies to the Chief,
the officers involved, the City Manager, and the complainant.
Of the twenty-eight allegations listed in the nine complaints for which
Board reports have been released, twenty-six were not sustained and two
were sustained.
Comments on and/or recommendations for improvement in police
policy, procedures, or conduct were made in four of the Board's reports.
The following is a synopsis of the Board's comments and recommendations:
· An officer was summoned to a situation that was complicated by
cultural and language differences. The Board recommended that
officers receive further training in awareness of cultural differences,
and suggested that officers exercise more flexibility when
responding to clearly "non-standard" situations.
· The Board questioned the appropriateness of using plainclothes
police offices in unmarked vehicles for traffic enforcement.
· The Board suggested that the Chief make it clear that the use of
profanity by officers while acting in an official capacity is
unprofessional conduct; that the Chief enhance training in methods
to de-escalate situations and to prevent escalation; and that the
Chief reinforce efforts to insure racial and cultural neutrality in all
policies, practices, and procedures.
· The Board concurred with the Chief's plan to provide formal
counseling on public contact and demeanor for an officer.
Name Clearing Hearings
The ordinance requires the Board not issue a report critical of the
conduct of a sworn officer until after a name clearing hearing has been held.
During FY 1999, the Board scheduled two name-clearing hearings; in both
cases, the officers waived their right to the hearing and did not attend.
PCRB Annual Report FY '99 - 6~22/99-5
Media tion
Officers and complainants are notified by mail that formal mediation is
available to them at any stage in the complaint process before the Board
adopts its public report. All partie~ involved must consent to request for
mediation. The Board received no requests for mediation in FY 1999.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not
include the names of complainants or officers involved in unsustained
complaints and must be in a form that protects the confidentiality of
information about all parties while providing the public with information on
the overall performance of the Police Department.
In addition, at one of its first meetings, the Board independently
agreed that it did not wish to use the names of officers or complainants in
cases in which complaints are sustained. The Board and the Police Chief
agreed to use only the unique code numbers the department has assigned to
each Iowa City police officer.
During FY 1999, there was a great deal of debate over a proposal to
discontinue the use of these individual unique identifiers and replace them
with a numbering system that would not have permitted the Board to
identify (by identifying number only) patterns in complaints against officers.
After lengthy deliberations that included several presentations by the Board,
the City Council agreed not to change the ordinance but to retain the current
practice of preserving officer identity through use of individual unique
identifying numbers assigned by the department.
Complaint Histories - FY 1999
Of the ten complaints this report addresses, eleven offices were
named. One officer was cited in four of these complaints, and one officer
was cited in two. The remaining officers were each cited once.
Demographics of Complainants
The following demographic information provides information from the 10
complaints for which the Board has submitted its report to the City Council.
Because demographic information is provided voluntarily, we have
incomplete information to report. Of the ten complaints, xxxx complainants
provided some demographic information.
PCRB Annual Report FY '99 - 6/22/99-6
Age:
Under 21 - 1 complainant
Over 21 - 6 complainants
Unknown - 3 complainants
Color:
White - 4 complainants
Black - 2 complainants
Unknown - 4 complainants
National Origin:
US - 1
African - 1
Irish - 1
German - 1
Unknown - 6
Gender Identity:
Male - 4
Female - 2
Unknown - 4
Sax:
Male 4
Female 4
Sexual Orientation:
Heterosexual - 3
Unknown - 7
Marital Status:
Married - 3
Unknown - 7
Mental Disability:
No - 4
Unknown - 6
Physical Disability:
No - 4
Unknown - 6
Religion:
Agnostic - 1
Catholic - 2
Unknown - 7
Race:
Unknown - 18
Some of the demographic information reported was not necessarily provided
in the demographic area of the complaint form, but rather from the first page
of the complaint form which identifies the complainant.
PCRB Annual Report FY '99 - 6r22/99.7
Board Concerns
Long Range Planning/Plans for Fiscal 2000
COMMISSION MEMBERS
Leah Cohen, Chair
John Watson, Vice Chair
Patricia Farrant
Paul Hoffey
Margaret Raymond - resigned, effective June 1, 1999
PCRB Annual Report FY '99 * 6/22/99-8
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
June 10, 1999
R. J. Winkelhake, Chief of Police :
Iowa City Police Department
410 E. Washington Street
Iowa City IA 52240
Dear Chief:
At its meeting on June 8, 1999, the PCRB determined that it would like to
receive transcripts of all interviews that are conducted during an
investigation of a PCRB complaint.
Until further notice, the PCRB requests that when you send your Report on a
PCRB Complaint that you also send written transcripts of all interviews
conducted in the course of that investigation, to include the complainant,
officer(s) involved (with permission), and any witnesses.
The Board would like this to be effective with your next Report on PCRB
Complaint #99-03, which is due on August 2, 1999.
Thank you for your ongoing assistance in these matters. If you have any
questions, please don't hesitate to call me.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
June 10, 1999
Mayor Ernest W. Lehman
410 E. Washington St.
Iowa City IA 52240
Dear Mayor and Council Members:
In executive session on Tuesday, June 8, 1999, the PCRB voted to request
an extension of its 45-day reporting deadline according to the City Code for
PCRB Complaint #99-02 for the following reasons:
· On May 13, 1999, the board requested further information from
the Police Department, which information has not yet been
received by the Board
· To accommodate summer schedules of the Board members
The Board's Report for #99-02 is presently due on June 21, 1999. In
anticipation of the additional investigative information from the Police
Department and, in order to ensure the investigation is conducted in a
manner that is fair, thorough and accurate, the Board requests a 60-day
extension to August 20, 1999.
Thank you for your consideration of this matter.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
June 10, 1999
R, J. Winkelhake, Chief of Police
Iowa City Police Department
410 E, Washington Street
Iowa City IA 52240
RE: Tracking of Police Department Written Complaints
Dear Chief:
Upon review of the Internal Investigation Logs you provided the Board, a
question has arisen concerning the non-PCRB, Internal Affairs Investigation
Reports, It was the Board's understanding that a consensus of the City
Council wished that the Board would receive summaries of alii written
complaints received by the Department.
The Board understands that all identifying information concerning particular
officers will be excluded from the logs, The Board intends to use the
information contained in the investigative logs to establish a baseline of
information to analyze future complaints and trends,
Please let us know if you disagree with our interpretation of the Council's
directive; otherwise we look forward to receiving the lAIR logs,
Thank you for you attention to this matter.
Sin~
Leah Cohen, Chair
Police Citizens Review Board
PCRB PRIORITY-SETTING GOALS
I. Mission
A. Review complaints of police misconduct
B. Help ensure that police department is responsive to community
needs
II. Goals
A. Board Education
· Hold forums (minimum of two a year)
· Continue to streamline Board procedures
· Continue to look at involvement with national boards or
associations
· Establish a baseline of information to analyze different types
of reports
· New Board member briefings
· Visit Police Academy at Camp Dodge
B. Community Education
· Hold forums
· Provide information aimed at improving officers
understanding of the Board's function and educating the
public about the PCRB
C. Policy/Practice/Procedure Review (PPP)
· Review general police policies, procedures and practices, to
include the use of force
· Address the perception of discriminatory enforcement
· Community relations
PCRB Goals:sb:6/22/99