HomeMy WebLinkAbout2023-03-21 Bd Comm minutes Item Number: 4.a.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 21 , 2023
Ad Hoc Truth & Reconciliation Commission: February 2
Attachments: Ad Hoc Truth & Reconciliation Commission: February 2
February 2,2023
Approved Ad Hoc Truth and Reconciliation Commission (TRC)
Emma J. Harvat Hall,City Hall
Commissioners present: Mohamed Traore, Chastity Dillard,Sikowis Nobiss(on Zoom)Wangui
Gathua, Marie Krebs, Lauren Merritt, Kevo Rivera, Eric Harris (on Zoom),Clif Johnson.
Commissioners absent: None.
Staff present:Stefanie Bowers.
Community members who spoke at the meeting: None.
Recommendation to City Council: No.
Meeting called to order: 7:08 pm.
Reading of Native American Land Acknowledgement: Dillard read the Land Acknowledgement.
Approval of Minutes from January 19,2023: Merritt moved, and Rivera seconded.
Motion passed 7-0. (Johnson,Traore not present for vote).
Public Comment of Items not on the Agenda: None.
ICCSD Elementary School Performance Incident: Commission members plan on attending the
Iowa City School Board meeting of January 24 to discuss the school performance incident.
Facilitator Services Proposal: Annie Tucker reported that all the proposed facilitators are working
on responding to the questions from the city.The timeline to return the response is Friday,
February 3 at the latest Monday, February 6. Angie Jordan will still be a part of the proposed
facilitator group, but her responsibilities have been scaled back.
Books and Materials Sent by Divided Communities:This item was skipped and will be discussed
at the next TRC meeting date.
Correspondence: Commissioners spoke on correspondence they received from Coalition to
Abolish Prison Slavery at UI (CAPS). Dillard will reach out to CAPS to gather more information on
the allegation and ask to the commission.This item will be placed on the next agenda for the
commission to further discuss.
Follow up on Testimony from the Meeting of January 19,2023: Based upon the testimony from
the last meeting the commission decided to provide this information to the proposed facilitators
as its first case for conciliation/reconciliation.
Commission Announcements: Harris noted that he recently received a donation of suits and will
have them available to community members who may be in need of a suit. Dillard accepted the
Black History Month Proclamation from Johnson County on behalf of the commission. Staff will
place the proclamation on the commission's website when the new city website debuts.Johnson
thanked the Iowa City Council for amending current city law to allow for the Golden Gloves event
that will be held at The Graduate later this year. Rivera wished all, a Happy Black History Month.
Adjourned: 7:53 PM.
City Board and Commission meetings are recorded and can be viewed in their entirety by
visiting this link.
AD HOC TRUTH&RECONCILIATION COMMISSION
ATTENDANCE RECORD
YEAR 2023
Mectin Date)
TERM 1/5 1/19 2/2 2116 3/2 3116 4/6 4/20 5/4 5/18 6/1 6115
NAME EXP.
Dillard 623 P P P
Gathua 6/23 A P P
Harris 623 P P P
Johnson 6123 P .A P
Krebs 623 P P P
Merritt 623 P P P
Aobiss 6/23 P A P
Rivera 6/23 P A P
Traore 623 P P P
KEY: P = Present
A =Absent
Item Number: 4.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 21 , 2023
Climate Action Commission: February 6
Attachments: Climate Action Commission: February 6
MINUTES FINAL
IOWA CITY CLIMATE ACTION COMMISSION
FEBRUARY 6, 2023 -3:30 PM—FORMAL MEETING
EMMA J. HARVART HALL
MEMBERS PRESENT: Michal Eynon-Lynch, Ben Grimm, Elizabeth Fitzsimmons, John
Fraser, Jamie Gade, Matt Krieger, Jesse Leckband (via zoom),
Michelle Sillman (via zoom), Gabriel Sturdevant, Matt Walter
MEMBERS ABSENT: Stratis Giannakouros
STAFF PRESENT: Daniel Bissell, Sarah Gardner, Megan Hill
OTHERS PRESENT: John Macatee
CALL TO ORDER:
Eynon-Lynch called the meeting to order.
APPROVAL OF JANUARY 9, 2023 MINUTES:
Gade moved to approve the minutes from January 9, 2023.
Grimm seconded the motion, a vote was taken, and the motion passed 9-0.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA:
None present at beginning of meeting, one at end of meeting.
ANNOUNCEMENTS:
Action Items from last meeting (Staff):
Gardner reached out to Jane Wilch and planning staff about coming to a climate action
commission meeting to provide updates on their work. Though they were unavailable for this
meeting, both expressed interest and will be scheduled for a later date.
Upcoming events(Staff):
• Accelerating Black Leadership in Sustainability (Feb. 9)
• Native Plant Symposium (April 29)
Working Group Updates (Staff):
Resilience Hub Prioritization(Grimm, Eynon-Lynch, Walter)—Gardner noted Walter mapped
some of the potential sites for resilience hubs. Group has discussed walkability, coverage,
models in other cities, potential partners in the community, creating resilience culture, and full
resilience hubs vs. resilience partners. Next, they will discuss what an agreement might look like
between the City and a host organization.
UNFINISHEDIONGOING BUSINESS:
Climate Action Commission
February 6,2023
Page 2 of 4
Working Groups:
• Resilience hub working group will continue. Up to three other working groups will form
during this year. Instead of forming and scheduling these groups now, staff suggests to
commissioners to let arising needs and projects shape the working groups of this year.
• Energy benchmarking working group will likely form soon. One other working group will
take on a future project.
• Outreach to community-based organizations will also take a different shape this year;
commissioners can identify groups with which they already have connections. Gardner
will share the Equity Report guidance for identifying community-based organizations.
Climate Action Grant updates:
Bissell asked for two volunteers to review climate action grant applications; the time required is
1-2 hours in early April. Bissell described the projects that received grants last year. The climate
action grant program awards funding up to $10,000 to area businesses and nonprofits for
projects that align with the Climate Action Plan.
Solar ordinance update (REZ22-0011):
City Council recently adopted an ordinance updating the code, to make it easier to build solar
arrays in Iowa City. Gardner summarized key points:
• The ordinance will preempt future Homeowners' Associations from restricting solar
development.
• Developers will receive density bonuses for including solar in site development plans.
For example, if 40% or more of the roof is covered in solar arrays, developers can add
more residential units in a building.
• The ordinance clarified that solar arrays on building rooftops don't count toward the
height limit of buildings.
• New construction with rooftop solar will be allowed to reduce the number of required
parking spaces associated with that site.
RECAP:
• Confirmation of next meeting time and location:
o Monday March 6, 3:30-5 p.m., Emma J. Harvat Hall
• Actionable items for commission, working groups, and staff:
o Gardner will send the CBO list from the equity report. Commissioners are to
respond by email with their connections to organizations.
o Gardner will share the video of the Habitat for Humanity climate action grant.
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA:
John Macatee explained the Press-Citizen Editorial Board will be writing op-eds to encourage
people to get behind the Climate Action and Adaptation Plan. He asked for guidance in
promoting solar adoption in the Peninsula Neighborhood. He also expressed interest in
2
Climate Action Commission
February 6, 2023
Page 3 of 4
electrification from captured methane and table-scrap collection and EV charging stations for his
condo building.
ADJOURNMENT:
Krieger moved to adjourn, Grimm seconded the motion. A vote was taken and the motion
passed 9-0.
3
Climate Action Commission
February 6, 2023
Page 4 of 4
CLIMATE ACTION
COMMISSION ATTENDANCE
RECORD
2023
W 4 Cot 0) -4 W (o
A N O) Gt N ' -4 N to 6?
NAME TERM EXP. N N N N o 0 0 No o N N N
N N N N N N N N N
N
MichalEynon-Lynch12/31/2024 X X X X NM X X X X X X X
Elizabeth Fitzsimmons 12/31/2025 X X
John Fraser 12/31/2024 x x X X X X X X X X X X
Jamie Gade 12/31/2025 X X
Stratis Giannakouros UI Rep X X X O/E NM X X X X X X O/E
Ben Grimm 10/31/2023 X O/E X X NM X X O/E X X X X
Clarity Guerra 12/31/2022 X X OT X NM X X X X X
Megan Hill 12/31/2022 X X X X NM
Kasey Hutchinson 12/31/22 X X X X NM X X X X X
Matt Krieger 12/31/2023 X X O/E X NM X O/E X X X X X
Jesse Leckband MidAmericanRep X X X X NM X O/E X X X X X
Michelle Sillman 12/31/20025 X X
Gabe Sturdevant 12/31/2024 X X O/E X NM X X O/E X X X X
Matt Walter 12/31/2023 NM X O/E X X X X X
KEY: X= Present
0 =Absent
0/E =Absent/Excused
NM= No
Meeting
* No longer on Commission
4
Item Number: 4.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
March 21 , 2023
Community Police Review Board: February 14 [See Recommendation]
Attachments: Community Police Review Board: February 14 [See Recommendation]
r
�`I .® CITY OF IOWA CITY
MEMORANDUM
Date: March 15, 2023
To: Mayor and City Council
From: Tammy Neumann, Community Police Review Board Staff
Re: Recommendation from Community Police Review Board
At their February 14, 2023 meeting the Community Police Review Board made the following
recommendation to the City Council:
(1) Accept CPRE#22-10 Report
Additional action (check one)
X No further action needed
_ Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
SAEMP .doc
FINAL/APPROVED
COMMUNITY POLICE REVIEW BOARD
MINUTES — FEBRUARY 14, 2023
CALL TO ORDER: Chair Jerri MacConnell called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing, Jerri MacConnell, Saul Mekies, Amanda Remington (5:45 pm),
Orville Townsend, Stuart Vander Vegte (5:40 pm)
MEMBERS ABSENT: Melissa Jensen
STAFF PRESENT: Staff: Tammy Neumann, Legal Counsel: Patrick Ford
OTHERS PRESENT: Iowa City Police Chief Dustin Liston
City Council Member Laura Bergus, CPRB Liaison
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Public Report#22-10.
CONSENT CALENDAR
Motion by Jensen, seconded by Vander Vegte, to accept the consent calendar as presented.
• Minutes of the meeting on January 10, 2023.
• ICPD Use of Force Review/Report—July 2022
NEW BUSINESS
Iowa City Police Department Mission Statement Discussion— Chief Liston shared that while the Iowa City
Police Department currently has a mission statement, he would also like to implement a list of core values. He
explained the core values will serve as the guiding principles for the department and most larger police forces
have a list of core values included with their mission statements. Liston will be seeking input from various
resources and is asked the CPRB for their ideas as well. He shared with the board some ideas provided by
staff. There were no comments from board members. This item will remain on the agenda as an old business
topic for future meetings until the gathering information phase is complete.
OLD BUSINESS
Discussion of Community, Forum: CPRB reviewed the draft Community Forum packet. It was suggested that
the date and time be moved to the top of the flyer. Neumann reminded board members that a topic was
needed for the forum. Board members decided to make the following the standard topic for this and future
Community Forums: "Communicating with the CPRB —Who We Are and What We Do." Neumann will make
those changes and begin the distribution process of flyers and news releases.
PUBLIC DISCUSSION
None
BOARD INFORMATION
Board members and staff asked that the following items be added to New Business for the March 14, 2023
meeting.
• Prevention of repeat violations - Mekies
• Use of Force Report discussion — MacConnell
• Introduction of Iowa City Police Department Lt. Jeff Fink, Office of Professional Standards—Chief
Liston
CPRB Meeting Minutes
February 14, 2022
Page 2
STAFF INFORMATION
None
MEETING SCHEDULE and FUTURE AGENDAS
• March 14, 2023, 5:30 PM Helling Conference Room
• April 11, 2023, 5:30 PM Helling Conference Room
April 20, 2023, 5:30 PM, Community Forum, Iowa City Public Library, Meeting Room A
• May 9, 2023, 5:30 PM, Helling Conference Room
Ricky Downing will be absent from the May 9, 2023 meeting.
EXECUTIVE SESSION
Motion by Vander Vegte, seconded by Remington, 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 610 (Jensen absent). Open session adjourned at 5:54 p.m.
REGULAR SESSION
Returned to open session at 6:03 p.m.
Motion by Remington, seconded by Townsend, to accept CPRB Public Report#22-10 as amended and
forward to City Council.
Motion carried 610 (Jensen absent)
ADJOURNMENT
Moved by Vander Vegte, seconded by Remington, to adjourn the meeting at 6:05 p.m.
Motion carried 610 (Jensen absent)
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COMMUNITY POLICE REVIEW BOAR®
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
DATE: February 15, 2023
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRS Complaint#22-10
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #22-10 (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 Chiefs 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 Chiefs report, the Board must apply a "reasonable basis" standard of
review. This means that the Board must give deference to the Police Chiefs reporecause 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{F3ileral, 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(13)(3)).)
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 September 18, 2022. 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 November 17, 2022. As per Section 8-8-6(D) of the
City Code, the Complainant was given the opportunity to respond to the Chief's report. The complainant
did not respond.
The Board voted on January 10, 2023 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(13)(1)(a).
The Board met to consider the Report on December 13, 2023 (deferred to the January meeting),
January 10, 2023 and February 14, 2023.
Prior to the December 13, 2022 meeting, the Board had the opportunity to review the complaint, the
Police Chiefs report, and to watch and listen to body worn camera and/or in-car camera footage
showing the interaction between the officers and the Complainant.
FINDINGS OF FACT:
At 6:56 pm on September 17, 2022, a squad car containing two officers, pulled into the Kum & Go
parking lot at 1310 S. Gilbert St. and parked at the east end of the lot. These officers pulled into the lot
to complete paperwork on an unrelated issue, and had no involvement with the Complainant.
Officer A, westbound on Highway 6, observed a brown Chevy Impala with heavily tinted windows
quickly turn onto Gilbert, right on Highland and into the Kum & Go parking lot. The Officer queried the
vehicle plate and then turned around to return to the area. A short time later, Officer A, entered the
parking lot from Highland and observed the Chevy Impala, exiting the parking lot onto Third St. without
stopping, turn left on Gilbert without coming to a complete stop, and right onto Highway 6 without
coming to a complete stop. The Officer followed the vehicle, initiating a traffic stop on Highway 6, just
west of Gilbert. The Complainant did not immediately pull over and continued to Sturgis Corner, where
he pulled into the parking lot of Coldwell Banker.
Officer A approached the vehicle and made contact with the Complainant. The Officer noted that the
Complainant had all the windows down despite that it was raining. Officer A advised the Complainant
the reason for the stop, noted a strong odor of marijuana, and had the Complainant exit the vehicle.
Officer B arrived as a backup, and stood by while Officer A searched the Complainant and then the
vehicle, locating to small amount of marijuana under a pillow on the driver seat. The Complainant was
placed under arrest, searched again, and placed him in the back of the patrol car. Officers A and B
finished searching the vehicle without locating any additional evidence. The Complainant was
transported to the Johnson County Jail on a charge of Possession of a Controlled Substance.
COMPLAINANT'S ALLEGATION #1 —Violation of Policy on Integrity. The Officer lied about the
reason for the traffic stop and planted evidence.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A planted evidence. The
body camera footage clearly shows the Officers searching the Complainant's vehicle, Officer A
moving a pillow on the driver's seat and discovering a small quantity of what is presumed to be
marijuana, which Officer A then picks up and examines to confirm what it is. Officer A lays it
back down until the officer is able to secure it in an evidence bag. Both officers also detected a
strong odor of marijuana coming from the vehicle. Officer A noted the Complainant smelled of
marijuana when the Complainant got out of the vehicle.
COMPLAINANT'S ALLEGATION #2— NCIC Queries. The Officer queried the vehicle license plate
and registered owner's driver license prior to observing documented moving violations.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A was randomly querying
vehicle and driver information. Officer A did run the vehicle and the Complainant's information
after observing the possible unlawful tint on the windows. Officer A observed multiple traffic
violations prior to stopping the vehicle, all of which were captured on surveillance and traffic
video. The tint of the vehicle windows is also observed on video.
COMMENTS: None