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HomeMy WebLinkAbout12-14-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - November 9, 1999 Lobby Conference Room CALL TO ORDER Chair J. Watson called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Hoffey, P. Farrant, J. Stratton and J. Watson. Staff present: Legal Counsel C. Pugh and PCRB Assistant S. Bauer. Also in attendance was Capt. T. Widmer of the ICPD. CONSENT CALENDAR Motion by J. Stratton and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL · Request payment of ~100,00 for a one year Associate Membership to the National Association for Civilian Oversight of Law Enforcement (NACOLE) (rescinding original request for payment of $300.00 for an Organizational Membership) GOALS FY 2000 Visit to Police Academy at Camp Dodg~ The City Manager's memo dated October 29, 1999, relating to the trip to Camp Dodge was discussed. The primary concern seemed to be the appearance of circumventing the open meetings law by taking this trip. However, S. Atkins has approved the budget amendment to allow the~l~oard to take the trip. Chair Watson stated the Board would take the precautions needed to make sure it is abiding by the open meetings law. The process the Board will follow includes: · Meet at the Civic Center to convene a meeting · Go into recess immediately · Travel to Camp Dodge in a City van · Upon arrival at Camp Dodge, the meeting will be back in session for the purpose of attending the Academy. · After the session at the Academy, the meeting will recess once again for travel back to Iowa City. · The meeting will be adjourned in Iowa City. Other particulars included: · During travel time, no Board business will be discussed. · The van (which will hold 12-15 passengers) can accommodate members of the public, city council or the media that would like to accompany the Board to Camp Dodge. · While at the Academy, the Board may discuss things that relate to the Board's purview, but there will be no business conducted other than learning. · Anticipated departure time is 7:00 a.m., returning about 6:00 p.m. · Paul Hoffey will finalize the arrangements to S. Bauer, who will forward them on to Board members. Chair Watson will respond to the City Manager's memorandum with an outline of what the Board plans to do and the precautions it will take. NACOLE The second issue discussed in the City Manager's memorandum involved the Board's request for an organizational membership in NACOLE. Mr. Atkins questioned why the Board did not go with a less expensive membership. S. Bauer reported on her telephone conversations with a NACOLE representative regarding the five different membership possibilities. Motion by L. Cohen and seconded by J. Stratton to rescind the original request, and instead request that the City consider paying for a $150.00 Regular Membership for the PCRB in the National Association for Civilian Oversight of Law Enforcement, with the membership in the name of the Chair. After lengthy discussion, the Motion was withdrawn. Motion by L. Cohen and seconded by J. Stratton to rescind the original request, and instead request that the City consider paying for a $100 Associate Membership for the PCRB in the National Association for Civilian Oversight of Law Enforcement, with the membership in the name of the Chair. Motion carried, 4/1, Farrant abstaining. Baseline of information to analyze different types of reports A discussion followed regarding various reports the Board receives and whether it is time to compile data. The consensus of the Board was that it is premature to start now, but will be addressed later in the fiscal year. improving officers' understanding of the Board's function and educating the public about the PCRB Possible methods to accomplish this included: 1. Meet with the union to talk about the union's concerns and their view of the Board's role; 2. Ask permission from the Chief for two representatives of the Board to attend an in-service or shift change for a brief presentation and a chance to answer questions about the Board; 3, Continue to do the Board's work the best it can and let that work stand for itself. After further discussion, the Board's consensus is to continue on course, with no specific action at this time. Lines of communication wilt remain open. A discussion of the next forum is deferred until the next meeting. ICPD policy and procedures review T. Widmer advised that every time a generat order is reviewed, the Board is given a copy. Chair acknowledged receipt of the three general orders provided in the last packet (Domestic Violence, Field Interview and UPat Down" Searches, and Arrests). A brief discussion followed on Domestic Violence. P. Hoffey stated that he feels the department is doing very well in meeting the standards of accreditation. NEW BUSINESS None COMPLAINT FORM ISSUES C. Pugh referenced correspondence dated 10/25/99 she received from the City Attorney in which she agreed with the Board that the Chief's Investigation Logs did need to establish some confidentiality. It was decided that the log would be limited to internal complaints (eliminating PCRB complaints) and forwarded to the PCRB confidentially. The letter from the City Attorney also addressed concerns involving the determination of what allegations are being made by a complainant in a complaint, and stating it would be helpful to develop some mechanism to clarify the allegations. In an attempt to define or categorize the allegations, the City Attorney's suggestions included requesting a brief summary or a list from the complainant as to what they feel the police did incorrectly. Discussion followed. P. Farrant stated the reason for the simpler complaint form was the Board ~just wanted a narration of the person's perception of what happened, recognizing that most of them don't know the lingo, don't know how to make a rhetorical case for what it is they're trying to say happened, but just put it out there. That puts the burden on all of us to figure out what their complaints really are." The new complaint form allows the department to look at the complaint and determine or infer the allegations. L. Cohen stated that if the Board does not agree with the allegations as set out by the Chief, it may address the issue by letter to the Chief, When asked for his opinion, Capt. Widmer stated "Short of you [the Board] sitting down yourself and you spelling out what you want us to address...if you have a difference of opinion on what the allegation should have been, once addressed, you can fire a letter back to the Chief and we can look at that and do a report back." Legal Counsel was directed to respond by letter to the City Attorney that the Board feels there is a mechanism in place to address this issue. Although this has not been a problem very often, this issue can be revisited if there are further ~roblems. MEETING SCHEDULE · Special Meeting November 23, 1999, 7:00 P.M. - CANCELLED. · Special Meeting and trip to Camp Dodge, December 8, 1999. · Regular Meeting December 14, 1999, 7:00 P.M. · Special Meeting December 28, 1999, 7:00 P.M. PUBLIC DISCUSSION None BOARD INFORMATION L. Cohen - reported on a media contact. She wes also contacted by an individual about a complaint, which she referred to Capt. Widmer. J. Watson - reported a meeting with M. Karr and S. Bauer on 11/8. The purpose of the meeting was to discuss staff and board communications. Karr felt constrained by her inability to contact the Chair or PCRB legal counsel directly. In responding to Kerr's concerns, Watson stated "... this is a board that was created to perform a function that was not performed by the city before; it's the board's function, and it was not created to support a staff function. This board is the function and the staff supports that. So the board has great ownership over its mission and its own functions, and it probably will remain that way. But we want to facilitate communications and not discourage them." Watson stated any staff who wanted to communicate with the Chair could do so, with no constraints. However, he felt staff should contact the Chair prior to contacting PCRB legal counsel. Following discussion, the Board reiterated its policy that communications should be encouraged, but all communications from staff should be directed through the Chair. Watson stated he is no less accessible in terms of communication when he's out of town as he checks his voice mail regularly. If, however, he cannot be reached, staff should contact the vice-chair. At the same meeting, Watson reported that Karr suggested the Board schedule a joint meeting with the City Council after the new council is seated, to report on the past year and to discuss relevant issues. Prior to that, Watson suggested that the Chair and Vice-Chair meet with the City Manager and the Mayor. The Board affirmed this suggestion. STAFF INFORMATION None EXECUTIVE SESSION Motion by L. Cohen and seconded by J. Stratton to adjourn into Executive Session based o'n Section 21.5 (1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22.7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0, all members present. Open session adjourned at 8:25 P.M. Regular meeting resumed at 8:30 P.M. Bauer was directed to draft a letter to the Chief requesting a copy of the case file and any videotapes regarding PCRB Complaint #99-06. Watson reported that Bauer will routinely send a letter to the PCRB mediators regarding their present level of interest. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by J. Stratton. Motion carried, 5/0, all members present. Meeting adjourned at 8:33 P.M.