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HomeMy WebLinkAbout2008-04-14 Bd Comm minutesIowa City , Public Library BOARD OF TRUSTEES Minutes of the Regular Meeting February 28, 2008 FINAL APPROVED 4b 1 Members Present: Linzee McCray, Thomas Dean, John Kenyon, William Korf, Thomas Martin, Meredith Rich-Chappell, Leon Spies Members Absent: Michael Cohen, Mary New Staff Present: Barb Black, Terri Byers, Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Patty McCarthy, Elyse Miller, Hal Penick Call Meeting to Order. McCray called the meeting to order at 5:03 pm. Public Discussion. Library Union Steward, Terri Byers, reminded the Board that Library staff are represented by AFSCME Local 183. The union has been active in the search for a new City Manager. Byers said that the Executive Board of the union made a commitment to remind the public that the majority of City employees are not public safety workers although the City's emphasis is on public safety right now. McCray thanked Byers for coming and appreciated her advocacy for the Library. Approval of Minutes. The Minutes of the Regular Meeting of January 17, 2008 were reviewed. A motion to approve the Regular Minutes was made by Dean and seconded by Korf. Motion passed 7/0. Unfinished Business. FY09 Budget Discussion with City Council. McCray met with the City Council on January 23, 2008 and presented our case for the two quarter time positions and the replacement funds. The City budget has been adopted with no change from the City Manager's recommendation. Craig felt the updated financial information we gave to the Council was appreciated. There was a lot of discussion about the replacement funds and the lease space income at the budget meeting and those present felt there was support to designate the increase in rental income toward that purpose. But in the end Council decided that the rental income would be used to pay back the bonds as was discussed with previous councils. McCray thanked Board members who were able to attend. Lease Space. The reassignment of the lease agreement with Capanna Coffee was approved by City Council. Capanna is now the primary tenant of the space formerly leased to New York NY Deli. All of the accounts are paid. The Wedge is slated to be the sub lessee of Capanna. They are getting ready to make their modifications to the space. The Library had its engineer assess the space and utility needs and it was determined that the exhaust air necessary for the Wedge operations will need to be addressed so that there is no negative impact on the Library or the basement tenants. Modification costs will be the responsibility of the tenant. New Business. Library Board of Trustees Bylaws. This is a regularly scheduled periodic review of the Bylaws of the Library Board of Trustees. This memo and policy were mailed separately to Board members on 2/16/08 to satisfy the ten days in advance notice requirement. The staff made minor language changes. It was moved by Spies and seconded by Kenyon that the updated Bylaws be adopted with the modifications made by staff. Motion to adopt the updated Bylaws passed 7/0. FY09 Calendar. The building calendar for the next fiscal year is set by the Board in February. Craig said that there will be a floating holiday this year; last year the floating holiday was assigned. Dean moved to approve the building calendar for 2009, and Martin seconded. Motion to approve the 2009 calendar passed 7/0. Library Board Policy #601 Collection Development. This is a regularly scheduled policy review. Craig stated that collection development is the single most important thing that the staff do and she believes this is a very important policy. Library staff work very hard to represent all points of view and to collect as wide and varied materials as possible. Craig thinks we have the best collection in the state. Kenyon wanted to know about the dialogue we have with the public about our collection. Craig said that we recognize the parental role, inform patrons about the Freedom to Read and our policies and expect parents to take responsibility for their children's materials, and adults to take responsibility for their own materials. Green and Craig both said that they have not been approached about the collection by a parent in some time. Craig said that there is a bill in the Iowa House at the committee level that would bar any library that does not restrict R rated movie from receiving state aid. Some people believe that we should have filters on our computers and we should not check out some kinds of materials to younger users. This is not ICPL's policy. Craig explained that a detailed review of policies and procedures was undertaken by staff to determine if we were abiding by the principles of the American Library Association (ALA) Bill of Rights and its interpretations. Kenyon agreed that there is a difference between prejudicial and helpful with respect to labeling fiction, for example. McCray said the collection plan example in the packet was really helpful. Craig said that all of the collection plans will be on the website soon. McCray asked what "new" means since as much as 43% of Fiction circulation can come from new books. Black said that items with 2008 copyright dates, typically six months old are considered new. Items that may be new to our collection, but a few years old by copyright date would not be labeled new. It was moved by Martin and seconded by Rich-Chappell to approve the Collection Development policy. Motion passed 7/0. Staff Reports. Children's Services. The theme for the Children's Summer Reading Program is "Catch the Reading Bug" and for teens the theme is `Metamorphosis." Systems. Rich-Chappell appreciated the information about website encryption. Penick said the website usability study is underway. Technical Services. Black said that the Encore module will be demonstrated in May for the Board. Development Office. Board members viewed a presentation of Spelling Bee highlights. McCray thanked the Trustee Spellers for their participation. McCarthy encouraged Board members to thank Bee sponsors. State Funding. Craig included a memo about the editorial in the Des Moines Register about state funding as well as the short piece in the Library Journal. Legislative Day is coming up .and Craig will attend and advocate for libraries. There has been some discussion that state money will be put back in for libraries; Craig is cautiously optimistic about this. Reader Report. City Manager Search. Craig attended the forum for City Manager candidates and thought it was great to be able to have this event at the Library. Kenyon and Martin both thought it was a good function. There were five candidates invited to Iowa City; now there are two. There were articles in the Press- Citizen and Gazette about the two remaining candidates. They will meet on Saturday with the City Council. Miscellaneous. Craig wanted the Board to know that she had tentatively offered space in the Library to Wendy Ford for the downtown manager. If there are any objections she can rescind the offer. President's Report. McCray thanked members for coming to the spelling bee and City Council budget meeting. McCray appointed New to chair and be joined by Rich-Chappell and Kenyon on the Nominating Committee. Announcements from Members. Korf said that he saw Tom Dean's picture on the front page of the newspaper. Martin stated that he would be attending a State Library Commission meeting tomorrow. Committee Reports. There is a Foundation Board meeting next week. One of the goals of the Foundation's strategic plan is to increase the number of donors. Craig invited Board members on New's behalf, to the meeting next week at 4:00 pm. Communications. None. Disbursements. The Visa expenditures for January 2008 were reviewed. A motion to approve the disbursements for January 2008 was made by Kenyon and seconded by Spies. Motion carried 7/0. Set Agenda Order for March Meeting. Internet policy review. Meet as members of Friends Foundation. Committee to Evaluate Director appointed. Adjournment. A motion to adjourn the meeting was made by Rich-Chappell and seconded by Spies. Motion carried 7/0. McCray declared the meeting adjourned at 5:55 pm. Respectfully submitted, Elyse Miller N .~ N -. H 0 ~ Q v~ oV m J W ~ ~ UW CZ 0 a •H '~ Z W oa U 0 v O m W 0 0 N Q W Q Z W J Q U ao 0 ~ ~ ~C X X X ~C X ~ ~ ~ Q N ~ ~ pp O n r r O M N O O N O~ O 1 00 N O ~' N 0 ~o N *O O'-- N N N O v a O W N x x x X x x x x ~ O M O N ~ O X X ~C X 1C 0 X X ~ N C ~ O ~ N X X X X x X X x X M p M O r O O c ~ C ~ ~ o a~i ~ o c U ~, U c ~- ~ ~ 3 a~ ~ a a~ d ~ ~ o U ~ .~ U ~ O c L O ~ ~ a i N ~ O o ~ V O Z ~ ~ ~ m ~ ~ ~ ~ ~ ~ N U ~ w ~ ~ ~ 'p N ~~~~_~ c ~ N O ~N ~ h Q Z ~ Q ~~ ~~ ~~ ~~ ~ L xOOz~ r w 4b 2 MINUTES City of Iowa City Civil Service Commission Apri19, 2008 - 8:15AM Lobby Conference Room -City Hall Call to Order: Meeting called to order at 8:17AM. Members Present: Lyra Dickerson, William Cook Members Absent: None Staff Present: Sylvia Mejia, Karen Jennings, Andy Rocca Others Present: None Recommendations to Council (become effective only after separate Council action): None Approval of Minutes/Consent Calendar: The first item of business was certification of promotional list for the position of Police Sergeant. After a brief summary of the test and assessment center process was offered by Mejia, Cook moved to approve the list as presented, Dickerson seconded, and motion was carried. The second agenda item was certification of promotional list for the position of Police Lieutenant. Cook moved to approve the list as presented, Dickerson seconded, and motion was carried. Third item of business was certification of promotional list for the position of Police Captain. Cook moved to approve the list as presented, Dickerson seconded, and motion was carried. The fourth item of business was the Civil Service Commission Policy on Reinstatement of Terminated Employees. Mejia explained that the existing policy from 1982 was recently reviewed by City legal staff and found to be in conflict with Iowa Code. Cook moved to rescind the Policy on Reinstatement of Terminated Employees as signed on 5/28/82 due to the existing conflict with Iowa Code. Dickerson seconded and the motion was carried. Chief Rocca offered a brief update on pending CPAT (Candidate Physical Ability Test) legislation. He explained that although it was anticipated that beginning July 2008 Iowa Law would require firefighter candidates to successfully complete the candidate physical ability test conducted by a licensed organization, that no longer appears to be the case. As a result of entities being unable to obtain the license to administer the test and several requests to repeal the law, the legislative process is ongoing and the mandate is likely to go away. However, the City still plans to consider formulating and implementing a plan to use CPAT locally. There was no old business. In new business, Mejia informed the Commission of her intention to retire in June 2008. Cook moved to adjourn, Dickerson seconded and meeting was adjourned at 8:30AM. Board/Commission: Civil Service Commission ATTENDANCE RECORD YEAR 2008 (Meeting Date) NAME TERM EXPIRES 04/09/08 Lyra Dickerson 4/5/10 X Bill Cook 4/6/09 X (vacant) KEY: X = Present -- - _-- O = Absent O/E = Absent/Excused NM = No Meetin ___ _ -- = Not a Member April 9, 2008 _ it r ~' _•~.a.__ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 TO: The Honorable Ma or and the Ci Council (319) 356-5000 y ty (319) 356-5009 FAX www.icgov.org RE: Civil Service Promotional Examination -POLICE SERGEANT We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Police Sergeant. Denise Brotherton David Droll Scott Gaarde Donald Steva David Nixon Robert Gass Steven Fortmann ]erry Blomgren Mark Hewlett Robert Hartman IOWA CITY CIVIL SERVICE COMMISSION ~~ Lyr W. Dickerson, Chair William M. Cook (vacant) ATTEST: ~~~~ ~ ~~ Marian Karr, City Clerk April 9, 2008 ~ r ~ ~III~ ~ -•t..s__ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 T0: The Honorable Ma or and the Ci Council (319) 356-5000 y ty (319) 356-5009 fAX www.icgov.org RE: Civil Service Promotional Examination -POLICE LIEUTENANT We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Police Lieutenant. Bill Campbell Doug Hart Mike Brotherton Troy Kelsay Kevin Heick Mike Lord IOWA CITY CIVIL SERVICE COMMISSION l~J. 1`~ Ly W. Dickerson, Chair William M. Cook . (vacant) ATTEST: ~ ~ ~'~ Marian Karr, City Clerk April 9, 2008 TO: The Honorable Mayor and the City Council ~ r w~~®~~ ~Ji_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org RE: Civil Service Promotional Examination -POLICE CAPTAIN We, the undersigned members of the Civil Service Commission if Iowa City, Iowa, do hereby certify the following named person(s) as eligible for the position of Police Captain. Rick Wyss )im Steffen IOWA CITY CIVIL SERVICE COMMISSION `1J. Ly W. Dickerson, Chair ~~~~~ ~ C~ -~. William M. Cook (vacant) ATTEST: ,-~~ ~~2~ ~v'' ~ ~ ~~t/ Marian Karr, City Clerk POLICE CITIZENS REVIEW BOARD MINUTES -March 11, 2008 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Chair Michael Larson called the meeting to order at 5:30 p.m. Elizabeth Engel, Loren Horton, Donald King, Greg Roth None Staff Kellie Tuttle, Legal Counsel Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Sergeant Doug Hart of the ICPD and Officer David Schwindt of the ICPD and President of the Labor Relations Organization; and public, Ruth Spinks from the Local Chapter of the ACLU RECOMMENDATIONS TO COUNCIL The Board recommends approval of the amendments to its Standard Operating Procedures, to include the,changes made necessary from the amendments to the Home Rule Charter, and non-substantive changes and formatting issues. CONSENT CALENDAR Motion by Horton and seconded by King to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/08/08 • ICPD General Order 01-01 (Racial Profiling) • ICPD General Order 01-06 (Juvenile Procedures) • ICPD General Order 07-01 (Patrol Rifle) • ICPD Memorandum, Quarterly Summary Report (all quarters) IAIR/PCRB, 2007 • ICPD Department Memo 08-04 (September-December Use of Force Review) • ICPD Use of Force Report -October 2007 • ICPD Use of Force Report -November 2007 • ICPD Use of Force Report -December 2007 Motion carried, 5/0. OLD BUSINESS Review of amended SOP's (Changes necessary by 11/6 election) -The Board reviewed the draft prepared by Legal Counsel Pugh and made minor additions suggested by Pugh. Motion by Engel and seconded by King to adopt the Standard Operating Guidelines as amended and forward to Council. Motion carried, 5/0. NEW BUSINESS None. FINAL/APPROVED 4b 3 PUBLIC DISCUSSION None. PCRB March 11, 2008 Page 2 BOARD INFORMATION King informed the Board that he had been attending the 11th Annual Police Citizens Academy for the last eight weeks and that they were all invited to graduation on Wednesday, March 12th at 6.30 P.M., held at the University of Iowa Police Training Room in the Old Capitol Mall. STAFF INFORMATION Pugh notified the Board that she had communication back and forth with City Attorney Dilkes to receive her input regarding the amended SOP's. EXECUTIVE SESSION Motion by Horton and seconded by Engel to adjourn into Executive Session based on 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. Open session adjourned at 5:50 P.M. REGULAR SESSION Returned to open session at 6:15 P.M. Motion by King seconded by Roth to set level of review for PCRB Complaint #07-01 to 8-8-7 B(1)(a), on the record with no additional investigation. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 8, 2008, 5:30 P.M., Lobby Conference Room • May 13, 2008, 5:30 P.M., Lobby Conference Room • June 10, 2008, 5:30 P.M., Lobby Conference Room • July 8, 2008, 5:30 P.M., Lobby Conference Room Pugh announced that she will not be available for the April 8th meeting. She will review the draft report for Complaint #07-01 prior to the April 8th meeting. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by King and seconded by Roth. Motion carried, 5/0. Meeting adjourned at 6:20 P.M. K ~~O~C 0 o a~' air ro PT y y y ~7 ~ O p C A fD ~ r* ,.,r ~~ C fD y ~'! fD a v a 0 ao r~ y~ °a~ ~ ~ o ~ xr ~~ °a~ ~~ ~~ ~~ ~ z ~ ~ ~ ~ ~ ~ ~ ~7 ~ ~~ >C >C ~ ~ >C C 00 -1 a ra a ~ N ~ ~ ~ ~ k w H H ~ ''~ d ro d o ~~d 00 C~7 _. n O b r n n -., H ~, O CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES March 11, 2008 The Police Citizens Review Board (hereafter referred to as 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 pen`ormance of the Police Department 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 PCRB's By-Laws, and the PCRB's Standard Operating Procedures and Guidelines. TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures III. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VII. Annual Report VIII. General IX. Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City PCRB By-Laws C. City of Iowa City PCRB 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. PCRB Complaint Form PCRB SOP 03/08 Page 2 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 about alleged 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 PCRB By-Laws, Article V and the PCRB'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 PCRB 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 ). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01-3976. 5. A copy of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its report to City Council. B. Procedures for complaints subject to summary dismissal follow: 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 handled in the same manner as outlined in subsection "A" of the Complaint Process. 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the PCRB 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 PCRB at its next meeting. PCRB SOP 03/08 Page 3 3. The PCRB shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB, a request to the complainant for a written submission on the issue presented and an investigation by the PCRB, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's determination that additional information is not necessary, the PCRB shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 E of the Ordinance. The PCRB shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB dismisses the complaint, staff shall: a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including 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. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. PCRB SOP 03/08 Page 4 4. If the PCRB determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the PCRB. 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. II1. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The PCRB 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 PCRB 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 City Hall. 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 PCRB discussion as to whether staff shall respond or whether PCRB members shall respond, with copies furnished to the PCRB. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 8. 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. PCRB SOP 03/08 Page 5 H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. To the extent practicable, legal counsel for the PCRB shall attend all meetings of 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 quorum. 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 rights as if participating in person.. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V 4. 2. Voting. See By-Laws V 12. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The PCRB 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's Office and counsel to the PCRB of the request. 3. All records of the PCRB shall be public except as specifically provided for in Chapter 22, The Code and in 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 Vll 1(a). 5. Confidentiality of the minutes and tape recordings of closed sessions. See By-Laws VII 1(b). 6. Confidentiality of mediation matters. See By-Laws VII 1(d). PCRB SOP 03/08 Page 6 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 PCRB 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 11. 2. Ex Parte Contacts. See By-Laws V 10. IV. Complaint Review Process The PCRB 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 PCRB 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. Pursuant to 8-8-7 B(1)(e) of the City Code, the board may choose to subpoena witnesses or documents. 1. A motion to issue a subpoena to compel the appearance of a witness or for the production of documents may be made by any board member pursuant to the voting procedure outlined in Article V of the PCRB By- Laws. Such a motion if made in closed session will be ratified in open session. 2. The subpoena will be prepared by legal counsel for signature by the PCRB Chair. 3. Funds for the payment of witness fees, mileage and service will be issued by the City Clerk. 4. The subpoena may be issued to compel the appearance of a witness to be interviewed by a committee, of no more than two PCRB members assigned by the Chair, at a time and place determined by the committee. D. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B(6) of the City Code. PCRB SOP 03/08 Page 7 E. 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. F. Name-clearing hearing procedure 1. If the PCRB 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 aname-clearing hearing prior to the issuance of the PCRB's report to Council. 2. The PCRB 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 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 PCRB will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the PCRB 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 21.5(1)(a). 7. Before the hearing, the PCRB shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism . shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to aname-clearing hearing or waiver of aname-clearing hearing by the officer, the PCRB 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 sworn officer's conduct, the PCRB 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, aname-clearing hearing. PCRB SOP 03/08 Page 8 G. 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 PCRB. 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. H. 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. 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. Identification of Officers A. The reports of the Police Chief and the City Manager to the PCRB will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the PCRB shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the PCRB. The PCRB reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8-8-7 B of the City Code and may obtain the officer's name from the City Clerk for this purpose. B. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the PCRB as evidence of misconduct. VI. 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 PCRB 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 03/08 Page 9 B. Pursuant to 8-8-2 O and 8-8-7 C(3) of the Iowa City Code, on at least one occasion each year the PCRB shall hold a community forum for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. The format, location, date and time, of the forum will be determined by the board. The procedures and requirements set forth in the PCRB By-Laws, Article V will be satisfied. C. 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 PCRB member may raise an issue at a PCRB meeting. D. The PCRB encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. 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, Section 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. VIII. 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 PCRB 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 PCRB 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. PCRB SOP 03/08 Page 10 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 PCRB shall utilize its own letterhead stationery. PCRB SOP 03/08 Page 11 U4-14-UC 4b 4 FINAL MINUTES PARKS AND RECREATION COMMISSION JANUARY 9, 2008 MEMBERS PRESENT: Craig Gustaveson, Margie Loomer, Ryan O'Leary, Matt Pacha, Phil Reisetter, Jerry Raaz MEMBERS ABSENT: David Bourgeois, John Watson, John Westefeld STAFF PRESENT: Mike Moran, Terry Robinson, Terry Trueblood GUESTS PRESENT: Sharon Dolash, Ann Dudler, Ed Flaherty, Dianna Harris, Garry Hauser, Tegan Hauser, Del Holland, Sue Kloos, Barb Meredith, Kelly Neppl, Jean Walker, Ed Zastrow RECOMMENDATIONS TO COUNCIL: None OTHER FORMAL ACTION TAKEN Moved by Reisetter, seconded by Gustaveson, to approve the December 12, 2007 minutes as written. Unanimous. Moved by Gustaveson, seconded by O'Leary to approve the concept of developing a small dog park, approximately 3 acres in size, in Scott Park. Ayes: Gustaveson, O'Leary, Pacha, Raaz. Navs: Loomer, Reisetter. Motion carried. PUBLIC DISCUSSION: Del Holland encouraged that Commission continue discussions .with the Elks Club regarding a proposed extension of the Peninsula Park Trail to Taft Speedway. Trueblood and Robinson will continue to follow up. CONSIDER DEVELOPING A DOG PARK, APPROXIMATELY_ 3 ACRES IN SIZE. IN THE SOUTHEASTERN CORNER OF SCOTT PARK: Trueblood reported at the December 2007 meeting that staff and DogPAC are considering the establishment of a small dog park in Scott Park. The proposed location is a section in the extreme southeastern corner of the park approximately three acres in size. Marcia Klingaman, Neighborhood Services Coordinator, sent a letter out to the Scott Park neighbors to inform them of this proposal. Trueblood has received a few responses to date, two of which are against the idea, two are for it and two were undecided but have some concerns. These concerns include parking issues and the potential for cutting into the park space that is currently used for sledding, football and soccer. Trueblood addressed the space concerns by reporting that there will still be ample room to allow for soccer practice and flag football, and that the proposed area will not interfere in any way with the sled riding activities. Pacha asked if staff is concerned about potential flooding at this park. Trueblood agreed that this could be a concern as Scott Park is a storm water management area. However, Gustaveson mentioned that he has lived in the area for nine years and could only recall a couple of instances where the park was flooded. Trueblood mentioned that they would be taking this into consideration especially when placing the entrance gate to the dog park area, further stating that at times only part of the dog park may be flooded. Reisetter asked staff who would be responsible for paying for this dog park. Trueblood said it would come out of the DogPAC funds; however, the City would still be responsible for maintenance costs, with assistance from DogPAC volunteers, similar to the arrangement with Thornberry Park. Patrons will need to purchase the same dog tag that is necessary for the Thornberry Off-Leash Dog Park. O'Leary asked if the revenue has been enough to off-set the expenses. Trueblood stated not so far, however, that is expected during the establishment of such a park. Staff expects maintenance fees to start decreasing now that necessary items are in place. Pacha opened discussion up to the public present at this time. Sue Kloos stated that she fully supports the park. She asked how people would access the dog park area. Trueblood stated that for now it would be accessed the same as the fields etc. are currently accessed at the park, walking from the parking area. Trueblood will be talking with the necessary departments regarding the parking concerns along Scott Boulevard. Jean Walker, DogPAC member, stated that the idea of these smaller dog parks is to provide an area for neighboring residents to take their dogs, hoping that there will be more foot traffic than vehicle traffic to the park, therefore, alleviating some of the parking concerns. Sharon Dolash supports the idea of pedestrian crossings being addressed in the plan, or perhaps adding push button lights at the crosswalks to address some of the safety concerns of people crossing Scott Blvd. Trueblood will follow up with necessary staff regarding these ideas and concerns. Discussion continued with Commission members. Reisetter said that as this is prime parkland and is currently used for soccer, football, sledding and other activities, he is reluctant to approve taking approximately one-third of that section of the park for a dog park. Trueblood mentioned that before the Thornberry Dog Park went into the Peninsula Park that there was public discussion about where to place such a park and that at that time Scott Park was a possibility. At that time when discussing Scott Park the plan was to use a much larger portion of the park than what is now being discussed. At that time when meeting with the neighborhood there was very little opposition, but it was ultimately decided that the Peninsula area would be a more suitable choice for a large dog park. Gustaveson stated his support for this proposal saying that he feels it just enhances the "multiuse" abilities of the park. Raaz asked staff how they arrived at the size of approximately three acres. Trueblood stated that when discussing dog parks in the past it was determined that a dog park should not be any smaller than 2.5-3 acres in size as a smaller park would present greater difficulty in maintaining adequate turf. Gustaveson mentioned that a bridge placed at the backside of the dog park may be a good idea for the future to help lessen foot traffic across the green space of the park. Raaz encouraged that staff investigate traffic calming/quieting methods with appropriate City staff for this area and also address the parking needs. He also voiced his concern regarding the fence, wanting to make sure that this fence would not discourage people who wanted to walk near the creek to do so. Trueblood said that the planned fence would be placed so as not to do this. Loomer voiced her concern about using parkland for dog parks. Ed Zastrow from the public gave his support for the dog park in Scott Park. He further stated that the popularity of Thornberry Off-Leash Dog Park is evident and this additional dog park would provide another option for Iowa City residents and perhaps alleviate some of the issues at the Thornberry Off-Leash Dog Park. Those present from the public voiced no opposition to the proposal. Moved by Gustaveson, seconded by O'Leary to approve the concept of developing a small dog park, approximately 3 acres in size, in Scott Park. Ayes: Gustaveson, O'Leary, Pacha, Raaz. Nays: Loomer, Reisetter. Motion carried.