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HomeMy WebLinkAbout2020-12-17 Info Packet� � 1 � AL 41 TR CITY CSE IOWA CITE' www.icgov.org City Council Information Packet December 17, 2020 IP1. Council Tentative Meeting Schedule Miscellaneous IP2. Press Release: City seeks feedback on preliminary plan to accelerate community policing IP3. Civil Service Examination: Cashier - Parking IP4. Civil Service Examination: Mass Transit Operator Draft Minutes IPS. Community Police Review Board: December 8 December 17, 2020 City of Iowa City Page 1 Item Number: 1. Awl Q- CITY OE IOWA CITY www.icgov.org December 17, 2020 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule I �_..®Bar CITY OF IOWA CITY Date City Council Tentative Meeting Schedule Subject to change December 17, 2020 Time Meeting Location Tuesday, January 5, 2021 3:00 PM Budget Work Session (CIP) Zoom Meeting Platform 7:00 PM Formal Meeting Saturday, January 9, 2021 8:00 AM Budget Work Session Zoom Meeting Platform Tuesday, January 19, 2021 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Monday, January 25, 2021 4:30 PM Joint Entities Meeting Zoom Meeting Platform Hosted by the City of Coralville Tuesday, February 2, 2021 5:00 PM Iowa City Conference Board Mtg. Zoom Meeting Platform Work Session 7:00 PM Formal Meeting Tuesday, February 16, 2021 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, March 2, 2021 5:00 PM Iowa City Conference Board Mtg Zoom Meeting Platform Work Session 7:00 PM Formal Meeting Tuesday, March 16, 2021 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, April 6, 2021 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, April 20, 2021 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting +r p- jwi I CITY O� IOWA CITY www.icgov.org December 17, 2020 Press Release: City seeks feedback on preliminary plan to accelerate community policing ATTACHMENTS: Description Press Release: City seeks feedback on preliminary plan to accelerate community policing Kellie Fruehling From: City of Iowa City <CityoflowaCity@public.govdelivery.com> Sent: Wednesday, December 16, 2020 11:24 AM To: Kellie Fruehling Subject: City seeks feedback on preliminary plan to accelerate community policing SHARE A Having trouble viewing this email? View it as a Web page. °ty°f IOWA CITY FOR IMMEDIATE RELEASE Date:A 12/16/2020 Contact: Geoff Fruin, City Manager Phone: 319-356-5013 City releases preliminary plan to accelerate community policing; seeks feedback from the public On Tuesday, Dec. 15, 2020, the City of Iowa City released a preliminary plan to restructure the Police Department towards community policing. The full preliminary plan is available on the Citya€TMs website at www.icgov.org/r)reliminarVDian. The document includes a statistical overview of the Iowa City Police Department, background on recent community policing initiatives, and 36 recommendations to address public health, community safety, and systemic racism in Iowa City. The 36 recommendations reflect three areas of focus: (1) a continuum of responses to crisis calls for service including prevention, diversion, co -response, and stabilization and referrals; (2) a commitment to unbiased policing; and (3) an effort to use unconventional and innovative solutions for common problems. The community is encouraged to provide additional input on the preliminary plan, to be incorporated into the final plan. Residents can take a survey on the recommendations online or e-mail suggestions to PolicePlan@iowa-city.org. Extensive public input was collected prior to the development of the preliminary plan, including six listening posts on community policing held throughout the City. The preliminary plan comes after City Council adopted a 17 -point resolution to address the Black Lives Matter movement and systemic racism in June 2020. This resolution included a commitment to develop a preliminary plan by December 15, 2020. The public can view progress on other commitments and the full resolution at www.icgov.org/blm. Questions? as Contact Us CITY OF 101VA CITY U"ASCO C11YOf III[RAI Utt STAY CONNECTED: �n`7 SUBSCRIBER SERVICES: Manage PreferencesA A IA A UnsubscribeA A IA A Help This email was sent to kellie-fruehling@iowa-city.org using GovDelivery Communications Cloud on behalf of: My City of Iowa City A•410 E Washington Street A- Iowa City, IA 52240 Item Number: 3. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org December 17, 2020 Civil Service Examination: Cashier - Parking ATTACHMENTS: Description Civil Service Examination: Cashier - Parking � r " gown I� ~%A16. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org November 17, 2020 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Cashier — Parking Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Cashier -- Parking. 1. Kyle Markham 2. Kathleen Brown 3. Noah Erickson 4. Shane O'Shaughnessy 5. Philip Greteman Iowa City Civil Service Commission Melidsa Jensen, Cha' Item Number: 4. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org December 17, 2020 Civil Service Examination: Mass Transit Operator ATTACHMENTS: Description Civil Service Examination: Mass Transit Operator I � t :.Z�e7 i CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa S2240-1826 (3 19) 356-5000 (319) 3S6-5009 FAX www.Icgov.org November 17, 2020 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Mass Transit Operator Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Mass Transit Operator. 1. Gordon Russell [I] 2. Shadreck Kisubi 3. Akpene Kossi Aziagbe 4. Aaron Stumbaugh 5. Stephen Banigan Iowa City Civil Service Commission Melis a Jensen, Ch it Item Number: 5. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org December 17, 2020 Community Police Review Board: December 8 ATTACHMENTS: Description Community Police Review Board: December 8 DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES - December 8, 2020 Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. CALL TO ORDER: Chair David Selmer called the meeting to order at 5:33 p.m. MEMBERS PRESENT: Jerri MacConnell (5:36), Latisha McDaniel, Amanda Nichols, David Selmer MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Interim Police Chief Denise Brotherton, City Council Member Janice Weiner CPRB Liaison RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #20-04 Report (2) Accept CPRB #20-09 Report (3) Accept CPRB #20-10 Report CONSENT CALENDAR Motion by Townsend, seconded by McDaniel, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/10/20 • ICPD General Order 00-01 (Search and Seizure) • ICPD General Order 99-02 (Alarm -Open Door Response) • ICPD General Order 95-04 (Administration of Department Training) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-12 (Field Interviews and "Pat -Down Searches) • ICPD Use of Force Review/Report October 2020 • Correspondence from Carol deProsse (x2) McDaniel questioned General Order 00-01 (Search and Seizure) Leg -04.8 Section E. Execution of the Search Warrant as to why there is a recommended 30 -minute pre -surveillance before a search warrant can be executed and if there was a maximum surveillance time. Interim Police Chief Brotherton explained the minimum surveillance relates to safety and quickly evolving situations and that search warrants do have a court ordered expiration date. Townsend stated he would like to see the use of force report have more details such as number of officer and public injuries. Selmer stated this could be added to the recommendation report. Selmer noted the General Orders included in the meeting packet with no redline version were reviews that had no revisions. Motion carried, 4/0, MacConnell absent. CPRB December 8, 2020 Draft NEW BUSINESS CPRB Complaint Form Legal Counsel Ford stated City staff is asking for the Boards input regarding adding a statement to the CPRB complaint form emphasizing that the CPRB only hears complaints against Iowa City police officers. McDaniel felt the complaint form should offer resources as to where a complainant could turn if the incident did not pertain to an Iowa City officer. Ford suggested the board could keep the statement generic such as to contact the city or police department where the incident took place. The board agreed to keep the statement generic and highlight or use bold type to have it stand out. Ford stated he would work with City attorney's office on language. Motion by Townsend second by Selmer to direct Legal Counsel to draft language regarding revision to the CPRB complaint form. Motion carried, 5/0. OLD BUSINESS Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) Selmer stated the task for this meeting was to discuss draft #5. Selmer asked members if there were any concerns or suggestions for changes. Proposed change 7 McDaniel had concerns on the reasoning for proposal explanation being too specific as to stating the type of bias. McDaniel felt it should be broader to encompass other types of bias not just racial. The board agreed to remove reference to racist bias and use just bias Proposed change 9 McDaniel felt the request to have CPRB information printed on the back of police officer business cards got lost within the paragraph and that the requests should stand out. Selmer suggested formatting as a numbered list. The board agreed to list the specifics of what the CPRB needs to improve public engagement. Townsend suggested having information about CPRB services be handed out at the time a person is issued a citation. Olney noted that complaint forms are already available at the locations listed except for the recreation centers, Fruehling added staff could place forms in those locations and update the brochure to reflect the additional locations. Proposed change 10 Selmer asked Townsend if the additional comments/concerns for consideration captured what he had expressed. Townsend stated it was. The board agreed that in order to complete the report by the deadline date of January 1, 2021 a special tentative meeting should be scheduled for December 22nd, at 6:00 p.m. CPRB December 8, 2020 Draft Nichols volunteered to add the missing footnotes and citations. Selmer volunteered to review the draft report for grammatical and spelling errors. The revised draft will be included in the next meeting packet for review. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 22, 2020, 6:00 PM, Special Electronic Zoom Meeting • January 12, 2021, 5:30 PM, Electronic Zoom Meeting • February 9, 2021, 5:30 PM, Electronic Zoom Meeting • March 9, 2021, 5:30 PM, Electronic Zoom Meeting Motion by Selmer, seconded by McDaniel directing staff to schedule a tentative special meeting for Tuesday, December 22nd at 6:00 pm. Motion Carried, 5/0. EXECUTIVE SESSION Motion by Selmer, seconded by Townsend 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 6:36 P.M. REGULAR SESSION Returned to open session at 7:14 P.M. Motion by Selmer, seconded by Townsend to accept CPRB #20-04 report and forward to City Council as amended. Motion Carried, 5/0. CPRB December 8, 2020 Draft Motion by Selmer, seconded by Nichols to summarily dismiss CPRB #20-09 and forward report to City Council. Motion Carried, 5/0. Motion by Selmer, seconded by McDaniel to summarily dismiss CPRB #20-10 and forward report to City Council. Motion Carried, 5/0. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend Motion carried, 5/0. Meeting adjourned at 7:15 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 (Meeting Date) KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 1/14/20 2/11/20 3/10/20 5/12/20 6/9/20 7/14/20 8/18/20 9/8/20 9/21/20 10/15/20 10/23/20 11/10/20 12/8/20 NAME FORUM Sam O O O Conaway _ Monique X X X X X Galpin Jerri O X X X X X O/E X X MacConnell Latisha O/E X X O X X X O/E X X X X X McDaniel Amanda X X X X X X X X Nichols David Selmer X X X X X X O/E X X X X X X Orville X X X X X X X X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 8, 2020'' To: City Council Complainant City Manager 77 Equity Director == Chief of Police esu Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint # 20-04 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 20-04 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(5).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on July 27, 2020. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on September 15, 2020. The Board voted on October 15, 2020 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on October 15, 2020, November 10, 2020 and December 8, 2020. Prior to the October 15, 2020 meeting, the Board reviewed audio and video recordings tithe incident 'S FINDINGS OF FACT ,. a Officer received a call from dispatch stating there was a suicidal man who had si#,bed himself with a knife and still had the knife with him. When the Officer arrived at the scene a wotriOh potted out the intended suspect. When said man saw the police officer he jumped on a bicycle,,,iiid steed to ride away. The Officer called for him to stop and began to run after him. The man jum-ped of£his bike and started to run, not responding to the Officer's calls to stop. When the Officer caught up to the man he was able to stop him but the man was able to break away. He ran across the four -lane road and other Officers arrived and they were able to take the man down. They were trying to put handcuffs on the man while he continued to struggle. Even though the Officers were only holding his legs and arms, the man started crying out that the Officers were going to kill him, that he could not breathe and would someone help him. Several passerby', including the complainant had stopped and were filming the incident. When the man called for help, the passersby yelled out that they could hear him. As soon as the man was handcuffed the Officers sat him up. They pulled his shirt up to see if he did have any wounds. Three officers knelt down to be face -to- face with the man and reassured him that he was not under arrest, that they wanted to help him and were going to take him to the hospital. The ambulance arrived and after some persuasion the man agreed to get on the gurney and was placed in the vehicle. The original officer who had tried to gain some rapport with the man rode in the ambulance with the attendant and the victim. ALLEGATION 1 — Discourtesy. The complainant described the Officers of being discourteous in that when they asked what had the man done the Officer said he did not know as he had just arrived. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Conclusion — Complaint not sustained Board's Conclusion — Complaint not sustained ALLEGATION 2 — Excessive use of force. The complainant alleged that excessive use of force occurred when the Officers were trying to get control of the situation. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Conclusion — Complaint not sustained Board's Conclusion — Complaint not sustained COMMENT None CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #20-09 On December 8, 2020, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #20-09, filed November 24, 2020. The Board concurred with the findings of the Chief of Police that the complaint did not concern conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the City of Iowa Cit v police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa Citysworn police officermay be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #20-09 was summarily dismissed. DATED: December 9, 2020 DEC 0 9 = Cli C-ork l0vK1 Ci[Y, fowa CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #20-10 On December 8, 2020, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #20-10, filed December 2, 2020. The Board concurred with the findings of the Chief of Police that the complaint did not concern conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the City of Iowa City police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa Citysworn police officer may be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #20-10 was summarily dismissed. DATED: December 9, 2020 DEC 0 9 w`3 City Clea frl�n�•� CltV r � Ilr �L�Gi