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HomeMy WebLinkAbout2024-06-18 Bd Comm minutes Item Number: 4.a. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Charter Review Commission: April 25 Attachments: Charter Review Commission: April 25 FINAL/APPROVED MINUTES CHARTER REVIEW COMMISSION APRIL 25, 2024—5:30 P.M. EMMA J. HARVAT HALL, CITY HALL Members Present: John Balmer, John Deeth, Gerene Denning, Matt Hayek, Molly Kucera, Bijou Maliabo, Jennifer Patel Members Absent: Susan Craig, Makenzie DeRoo Staff Present: City Attorney Goers, Deputy Clerk Platz (Videos of the meetings are available at citychannel4.com typically within 48 hours) RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None 1. CALL TO ORDER AND ROLL CALL 2. MOTION TO ADOPT DRAFT MINUTES AS PRESENTED OR AMENDED Moved by Patel, seconded by Maliabo to approve the April 9, 2024, draft minutes as presented. Motion carried 7-0, Craig and DeRoo absent. 3. MOTION TO ACCEPT CORRESPONDENCE Motion by Death, seconded by Kucera to accept correspondence from Andrew Dunn and Martha Hampel. Motion carried 7-0, Craig and DeRoo absent. 4. REVIEW OF CITY CHARTER: PREAMBLE, DEFINITIONS,ARTICLE I: POWERS OF THE CITY Chair Balmer noted the suggested changes by Commissioner Denning that were included in the meeting packet. Balmer stated the Commission would not be making any decisions but rather getting a consensus on the suggested changes and circle back at a later date for approval. Preamble: Denning presented the commission with a late handout with additional proposed changes to the preamble which included language from the Model City Charter which was included in the April 9, 2024 meeting packet. Vice Chair Kucera outlined Denning's recommended changes to the Preamble 1.(A) and 1.(B), which combined the example from the Model Charter in red and the current City Charter. References were included in bold italics. Denning noted the addition of item number 5 adding it could be referred back to throughout the review process. City Attorney Goers expressed concern with 1:(B) regarding discrimination as the City has its own Human Rights ordinance which is updated more often than what the Charter would be noting that the Charter could become out of date. Kucera asked if the text should reflect the City Code. City Attorney Goers will draft some recommended language and bring to next meeting. Commissioner Hayek asked City Attorney Goers if there were any legal risks with the language in 1(A). Charter Review Commission April 25,2024 Page 2 Goers stated there was possible risk with some of the language and provided examples. Commissioners offered suggested language. Goers offered to draft language for 1(A) & 1(B) for the next meeting. Hayek stated as the Commission goes through the review process, they should be careful of unintended consequences and Goer's input will be helpful to avoid those issues. Commissioner Maliabo asked for clarification in the language "interactions with the public" in number 4. Goers explained that the idea of the current language is that we take the mindset of being public servants and customer satisfaction kind of view towards our interactions with members of the public within limits. Chair Balmer confirmed item 5 was directly from the Model Charter. Goers stated he did not have any concerns with the language. Definitions: Commissioner Death noted he would like to see Eligible Elector and Qualified Elector to merged to Eligible Elector stating the definition of Eligible Elector was close to current law which is eligible to register to vote and to carry that definition throughout the document. Commissioners discussed Elector versus Eligible Elector. There was consensus to remove #8 and renumber the rest of the definitions. Commissioner Maliabo agreed the language was confusing and also recommended just having eligible elector. Commissioner Denning noted that potential changes in the future discussions could change definitions. Vice Chair Kucera questioned the ordinance numbers at the end of item 12. City Attorney Goers stated that the numbers listed are when that section of the Charter was last updated and that the Commission would not be making any adjustments to those. Maliabo asked for confirmation that the definitions were last amended in 2005. Goers confirmed the last amendment was in 2005. Article I: Powers of the City Commissioner Denning noted the suggested addition in Section 1.01 of"The city shall have" as it is stronger language. Commissioner Hayek agreed it reads better with "shall have". Denning also noted in Section 1.03 the addition of"then" and should read "invalid, then the invalidity shall not". Denning stated she would like to add a Section 1.04. Intergovernmental Relations. Vice Chair Kucera agreed and noted this item was pulled directly from the Model City Charter. City Attorney Goers advised he will review State Code Chapter 28E and will ensure there are no inconsistencies that would limit the City's ability. 5. TENTATIVE MEETING SCHEDULE Chair Balmer proposed using the May meetings to discuss Article It. City Council and concentrate on Section 2.02 Council Districts and Section 2.06 Mayor. Commissioner Denning advised she will be gone for both May meetings. Commissioner Death noted he may be late to the May 23rd meeting. Vice Chair Kucera confirmed the future meeting structure to be roughly 45 minutes of discussion and 15 minutes for public comment. 6. COMMUNITY COMMENT: Individuals present: Martha Hampel. 7. ADJOURNMENT: Moved by Maliabo, seconded by Patel to adjourn the meeting at 5:59 P.M. Motion carried 7-0, Craig and DeRoo absent. v N O N c � O yO yU EIr E W UV Z d0 d W 1: Q t4 t v 04!25125x O x x I x x x x 04109/24 x x x x x x x x x 04101/24 x x x x x x x x x c K N N N N N N N N N W r r r r r r r r r F W c y N N L Q E _C � W ay W N tm C G i M ad.. �• A N N ri' •R w d d Y d W m c C N E o Z m Q O C R N -O < O 0 �., c c m x :c CL z m c m 0 N •c d @ O O c 11 11 W II c� aa CO U' 2 2 m YexOOZ I Item Number: 4.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Climate Action Commission: May 6 Attachments: Climate Action Commission: May 6 MINUTES FINAL IOWA CITY CLIMATE ACTION COMMISSION MAY 6, 2024 -3:30 PM—FORMAL MEETING EMMA J. HARVAT HALL MEMBERS PRESENT: Michal Eynon-Lynch,Jamie Gade, Ben Grimm,Zach Haralson, Wim Murray, Brinda Shetty,Angie Smith, Gabriel Sturdevant MEMBERS ABSENT: Michael Anderson,John Fraser, Michelle Sillman STAFF PRESENT: Tyler Baird, Daniel Bissell, Sarah Gardner, Megan Hill, Diane Platte OTHERS PRESENT: Cameron Millel,Green Iowa AmeriCorps CALL TO ORDER: Sturdevant called the meeting to order at 3:32. APPROVAL OF APRIL 1, 2024 MINUTES: Gade moved to approve the minutes from April 1, 2024. Eynon-Lynch seconded the motion,a vote was taken, and the motion passed 8-0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. ANNOUNCEMENTS: Action Items from last meeting(Staff): • Staff shared Bureau of Labor Statistics definition of green jobs for continuation of discussion • Staff coordinated with Tyler Baird, who is at this meeting, to present on urban forestry efforts Upcoming Events: • Iowa Public Procurement Association Conference (May 8) • Bike to Work Week breakfast (May 16) • Other events in the community (Commissioners) - none mentioned UNFINISHED/ONGOING BUSINESS: Climate Pollution Reduction Grant • Gardner explained that while the methane capture project for the wastewater treatment plants for Iowa City and Cedar Rapids was submitted successfully for an implementation grant by the application deadline,the cities were notified the grant application for energy efficiency projects to have been submitted by ECICOG was not successfully submitted.The next phase, a comprehensive climate action plan,will still move forward while awaiting the outcome of the Climate Action Commission May 6, 2024 Page 2 of 6 implementation grant application,with RFPs for consultant services for the next phase to be released soon. • Gardner asked commissioners to consider whether the Bureau of Labor Statistics definition of "green jobs' needed any expansion or clarification for use in the comprehensive climate plan. • Shetty noted that hopefully all jobs will include elements of thinking about how processes can be more energy efficient or greener; however, gathering metrics on this would be difficult. • Sturdevant noted that some agricultural practices self-define as green while stretching that definition beyond meaning. o Gardner noted that the creation carbon sinks may be a useful requirement for defining green agricultural practices. • Haralson noted that the definition of"production processes" is expansive enough to include operations. It's not just production; greening an office building is possible. • Gade pointed out that Johnson County has a lot of employers that are very large; collaborating with some of these large employers to track information about their workers'green jobs may be helpful in gathering data. • Sturdevant asked if retraining qualifies as creating a new green job.Gardner affirmed that if a person's job description includes or adds green tasks, it would count. NEW BUSINESS: Discussion of Urban Forestry and the Iowa City Natural Areas Master Plan—Tyler Baird • In Urban Forestry,climate change impacts the tree canopy one event at a time. Pests such as emerald ash borer and the ongoing drought are also challenges.City is striving toward 40% canopy coverage. iTree assessment takes aerial views randomly around town and shows that Iowa City has 34%canopy coverage. • The plan includes a goal to plant 750 trees/year, planted by staff and/or volunteers. City has actually been averaging close to 800 trees/year over the past 5 years.So far in 2024, 157 trees have been planted with the help of volunteers. • Staff are planning to plant 500 trees this fall with staff,targeting Mormon Trek strip and South of 6, as well as infill. Focus areas are neighborhoods without much canopy coverage and neighborhoods that may not have as much disposable income to put toward trees. • Root for Trees has been a very successful program. It is a mechanism to get trees into private property. Right-of-way is harder place to establish trees, due to utilities and space. Baird suggested trying not to plant what your neighbor has as useful guidance in selecting a tree. Iowa City's current canopy is 30%maple. • The Natural Areas Management Plan was created in 2017-2018. Guiding principles cover vegetation, wildlife, soil and hydrology, and human use. • 2020 was a big year for prairie restoration. Prairie is important for carbon sequestration. • Forestry staff are seeing more invasive species,an impact partially driven by the changing climate.They can outcompete the native species and do not provide ecosystem services. Staff are targeting a number of species for removal: nonnative honeysuckle, reed canary grass, smooth brome,wild parsnip, sweet clover,Canada thistle,garlic mustard, buckthorn, knotweed, oriental bittersweet,Japanese hops, multiflora rose, barberry (do not buy even though it's available—ticks really like it),teasel,autumn olive, common reed.Two new ones: Bradford pear (do not buy even though it's available), poison hemlock. 2 Climate Action Commission May 6, 2024 Page 3 of 6 • Restoration management tasks include removal of invasive woody vegetation (targeting Ryerson's Woods, Hickory Hill, Sand Prairie) and removal of invasive herbaceous vegetation. Ecological monitoring involves visiting sites where work has been done.Controlled burning is a best tool for making sure prairie ecosystem stays healthy. Each spring, staff burn 50-100 acres. The City's many small plots of prairie create a unique challenge. Converted 160+acres of turf grass to native vegetation.Winning over people to be supportive of prairie as it develops. • Volunteers like Friends of Hickory Hill Park, Longfellow Nature Trail,Sycamore Greenway help maintain green spaces. Department does not yet have a full-time permanent position to manage volunteers; hoping to get funding for staff. Equipment helps with efficiency: prescribed fire gear, hydro-seeder, native seed drill, mulcher. • Priority areas: Ryerson's Woods(received REAP grant in 2021), Hickory Hill Park (received REAP grants in 2018,2019, 2022 as well as capital funding), Kickers Soccer Park wetlands and prairie areas, Sand Prairie: woody removals, prescribed burning,targeted treatment of brome, Sycamore Greenway volunteers help with trash removal and woody/invasive removal,Terry Trueblood Recreation Area (2021 REAP grant),Waterworks Prairie Park prescribed burn regimen, prairie expansion. Other areas: Rohret Road prairie, Whispering Meadows Wetland Park(REAP grant in 2020),Ashton House. • Received $1.3 million in REAP grants in the past 5 years. • Smith thanked Baird for his passion and work.Asked how homeowners can convert lawn to prairie landscaping,what education resources are available. Baird noted thatthe Rec programming included Native Plant Symposium last year. Bur Oak Land Trust and Backyard Abundance offer education. Neighbors sharing with neighbors is the most powerful resource. • Eynon-Lynch praised the clear, measurable goal of 40%canopy coverage and the progress toward that.Asked how the plan gets used to determine how a natural area gets preserved or sacrificed to development. Baird answered all that natural areas identified in the plan are protected from development pressure because they are already in the parks system. REAP grants can be used to expand natural areas.The development of the assistive living facility by Hickory Hill Park added 40 acres of woodland to the park.The plan notes that larger parcels or connected parcels are preferable. For this reason, if a developer wants to give the city a small area that is going to be predominantly turf grass as a park,that is not going to be as high a priority as land that is adjacent to an already established park,especially if it is a natural area. The priority parks also help determine which areas to apply for REAP grant support. • Eynon-Lynch asked what's blocking the full-time staff and how commissioners can advocate. Baird answered City-wide budget picture is a factor, but as parks expand,the priority will become clearer. In 2015,there was not a natural areas part of Parks and Rec Division.Advocacy beyond the city level would be the best lever because City leadership is already on board. • Sturdevant asked if the heat maps could be combined with LIDAR data to target areas for tree planting/additions. Baird responded that they have not combined the heat map and the plan, but looking at them individually they are able to see where the overlap is. Management plans typically are good for 10 years,so this plan will likely be updated around 2027-28. • Sturdevant asked how much trial-and-error goes into prairie establishment. Baird explained in some cases they try again (reseed), sometimes they accept some nonnative species mixed with native species, as long as it doesn't have some of the weedy species.The process and its success are weather-dependent.They like to seed in November. • Gade asked if ticks are tracked. Baird said he was not sure who housed that data, and noted that often they are asked how to keep ticks out of a yard. He said mulch can serve as a tick barrier. Grimm described a dropcloth test that ICCSD uses. 3 Climate Action Commission May 6, 2024 Page 4 of 6 • Murray asked how residents can add a tree to a right-of-way. Baird described some options: call Forestry staff to be added to the list for the city to plant a tree for you or fill out a right of way planting permit to plant one yourself. In both cases Forestry staff will check your proposed right of way location for suitability before approving the request. • Murray asked if any resident can apply for a Root for Trees voucher. Baird and Gardner affirmed that is the case. Gardner noted it was limited to one voucher per household per year and covered 50%of the cost of the tree. Income qualified households could apply to receive a voucher for a 90%discount. • Smith asked about Baird's insights on residential rooftop prairie programs like Portland's. Baird noted that green roofs are becoming more popular and have energy efficiency benefits as well. • Smith asked about the electrification of the department's fleet. Baird reported not much electrification yet—having capacity to charge is a challenge.Smaller chainsaws have changed over to electric,weed-eaters as well at one athletic complex as a way to test the technology. The truck Baird uses is a hybrid model that averages 38 mpg. Big equipment needs so much power, not sure if the electric technology is there yet. Gardner added that the consultant for the Fleet Electrification Plan will be presenting at the next meeting. • Grimm asked if Root for Trees program was offsetting the limits on the City's ability to plant trees in areas where right of ways are too narrow to support tree planting. Baird noted that was one of the impetuses behind starting the program, hopefully some have been planted in neighborhoods with smaller, more difficult-to-plant ROWS. Grimm asked about tree eligibility. Baird clarified that only maples and peartrees are ineligible forvouchers. • Haralson wondered how management practices might help mitigate climate change—are there any specific practices in play that help sequester carbon. Baird noted that a better mix of understory species and canopy create a better functioning ecosystem that can sequester more carbon and help reduce runoff. Prairies sequester more carbon with their long roots. Haralson asked if there are ways to work with DOT or other regional players to install more prairie. Baird noted that County has a roadside vegetation management staff that seeds back with natives where they can. State DOT has to balance height of species and ability to burn next to an interstate. Climate action impact game • Gardner described an engagement activity which asks participants to rank a number of climate actions from greater to lesser in terms of greenhouse gas reductions.The degree to which they are able to do so determines how close they can stand to a cornhole board to toss a bean bag. The Forestry staff created a cornhole set for the Climate Action staff made from reclaimed urban lumber for this activity, which were displayed at the back of the room. She noted it spoke to the spirit of collaboration among City staff that has been helpful in moving forward on climate action goals. RECAP: • Confirmation of next meeting time and location: o Monday,June 3,3:30-5 p.m., Emma J. Harvat Hall • Actionable items for commission,working groups,and staff: o Staff will relay commissioners' thoughts on green jobs to the partners working on the regional climate action plan o Eynon-Lynch requested adding a discussion of suggestions on frequency of metrics 4 Climate Action Commission May 6, 2024 Page 5 of 6 reporting and potential uses to a future meeting. ADJOURNMENT: Grimm moved to adjourn, Murray seconded the motion. A vote was taken,and the motion passed 8-0. Meeting adjourned at 5:05. 5 Climate Action Commission May 6, 2024 Page 6 of 6 CLIMATE ACTION COMM ISSIONATTENDANCE RECORD 2023-2024 o \ a w a r m NAME TERM EXP. w w w w w w w a a a a a Michael 12/31/2025 NM O/E X O/E O/E Anderson Michal Eynon- 12/31/2024 NM X X X X X X NM X X X X Lynch Elizabeth 12/31/2025 NM O/E X Fitzsimmons John Fraser 12/31/2024 NM X O/E X X X NM X X X O/E Jamie Gade 12/31/2025 NM X X X O/ X X NM X X X X E Ben Grimm 10/31/2023 NM X O/E X X X X NM X O/E X X Zach Haralson 12/31/2025 NM X X X X Matt Krieger 12/31/2023 NM X O/E X O/ X O/E E Jesse Leckband MidAmerican NM X Rep Wim Murray MidAmerican X X X X X NM X X X X Rep Michelle Sillman 12/31/20025 NM X X X X X X NM O/E X X O/E Brinda Shetty UI Rep NM X O/E X X X O/E NM X X X X Angie Smith 12/31/2025 X X NM X X X X Gabe Sturdevant 12/31/2024 NM X X X X O/E X NM X X X X Matt Walter 12/31/2023 NM X X X X O/E X KEY: X= Present 0 =Absent 0/E=Absent/ExcusedN M= No Meeting * No longer on Commission 6 Item Number: 4.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Community Police Review Board: May 14 Attachments: Community Police Review Board: May 14 � r � City Council Supplemental Meeting Packet CITY OF IOWA CITY June 18, 2024 Late Addition(s): 2.c. Juneteenth National Freedom Day Late Han dou, }--���� 4.c. Community Police Review Board: May 14 [See Recommendations] See revised minutes. June 18,2024 City of Iowa City Item Number: 4.c. CITY OF OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Community Police Review Board: May 14 [See Recommendations] See revised minutes. Attachments: Community Police Review Board: May 14 [See Recommendations} =.®oa CITY OF IOWA CITY - '° ';Litt INS MEMORANDUM Date: June 17, 2024 Late Handouts Distributed To: Mayor and City Council (P a From: Connie McCurdy, Community Police Review Board Staff (Date) Re: Recommendation from Community Police Review Board At their May 14, 2024 meeting the Community Police Review Board made the following recommendation(s) to the City Council: (1) Accept CPRB 23-15 Public Report. (2) Accept CPRB 24-01 Public Report. (3) Accept CPRB 24-04 Summary Dismissal. Additional action (check one) ® No further action needed ❑ Board or Commission is requesting direction from City Council ❑ Agenda item will be prepared by staff for City Council action FINAL/APPROVED COMMUNITY POLICE REVIEW BOARD MINUTES— May 14, 2024 CALL TO ORDER Chair Jensen called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Melissa Jensen, Ricky Downing, Orville Townsend, Jessica Hobart, Amanda Remington MEMBERS ABSENT: Jam MacConnell, Saul Mekies STAFF PRESENT: Staff Connie McCurdy, Legal Counsel Patrick Ford OTHERS PRESENT: Police Chief Dustin Liston, City Council Liaison Laura Bergus RECOMMENDATIONS TO COUNCIL (1) Accept CPRB 23-15 Public Report. (2) Accept CPRB 24-01 Public Report. (3) Accept CPRB 24-04 Summary Dismissal. CONSENT CALENDAR Motion by Townsend, seconded by Downing, to adopt the consent calendar as presented. • Minutes of the meeting on 04/09/24. Motion carried 5/0. MacConnell and Mekies were absent. NEW BUSINESS Legislative bill to eliminate police review boards —SF2325(now dead): Commissioner Townsend asked what happened that caused someone to want to eliminate police review boards. Commissioner Remington responded by saying that it was the State Legislature who was looking at the possible elimination of the review boards. Remington stated that she has had some meetings with the Racial Justice Group of the Iowa Citizens for Community Improvement (CCI). This group has been pushing to create a community police review board in Des Moines. Remington guessed that this might be where the push to eliminate review boards came from. The following individual appeared: Dean Abel spoke to concerns that he had about legislation that would abolish the police review boards. Abel is also concerned that the State Legislature is trying to take over local government activities by telling cities what they can and can't have in their charters. Abel mentioned talking about this issue at the Charter Review Commission meeting. Abel then asked if the board did anything about it, such as write a letter. Remington noted that the board did receive an email from the City regarding how to respond to questions asked by reporters. Remington also mentioned that in her four years with the review board, the board has never done any legislative action or commentary. Remington stated that she has done some legislation on her own but not as part of the board, and she would like to see more legislative action taken by the board. CPRB May 14, 2024 FINAL/APPROVED Page 2 OLD BUSINESS None. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA None. BOARD INFORMATION Legal Counsel Ford suggested that the board discuss the wording used in the online complaint forms, and perhaps change the words so it's specific to the Iowa City Police. Ford noted that there have been a lot more complaints from outside the jurisdiction. Police Chief Liston mentioned that the form had been revised a couple of years ago so that the first question asked is if the complaint involves an officer of the Iowa City Police. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • June 11, 2024, 5:30 p.m. — Helling Conference Room • July 9, 2024, 5:30 p.m. — Helling Conference Room • August 13, 2024, 5:30 p.m. —Helling Conference Room • September 10, 2024, 5:30 p.m. — Helling Conference Room The Board agreed to no changes to the existing meeting schedule. Commissioner Hobart noted that she will not be present for the August 13, 2024 meeting and may have to leave early from the June 11, 2024 and July 9, 2024 meetings. EXECUTIVE SESSION Motion by Commissioner Remington, seconded by Commissioner 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 510. MacConnell and Mekies were absent. CPRB May 14, 2024 FINAUAPPROVED Page 3 Open session adjourned 5:47 p.m. REGULAR SESSION Returned to open session at 6:15 p.m Motion by Townsend, second by Remington, to accept CPRB Complaint 23-15 (as amended and forward report to City Council). Motion carried 510. MacConnell and Mekies were absent. Motion by Remington, second by Jensen, to accept CPRE Complaint 24-01 (as amended and forward report to City Council). Motion carried 510. MacConnell and Mekies were absent. Motion by Remington, second by Townsend, to summarily dismiss CPRE Complaint 24-04. Motion carried 5t0. MacConnell and Mekies were absent. ADJOURNMENT Motion by Remington, seconded by Townsend to adjourn. Motion carried 510. MacConnell and Mekies were absent. Meeting adjourned at 6:17 p.m. x x x c c x x { a x c x x x x x € e O N M x x x x x x e I N_ a a 0 W N Ox x x x x x x { M N 3 °a � U N W W o a N N r � P M N V 2 t+ G Y In G w N N N r 0 W d xooz _ d w E It COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 DATE: May 14, 2024 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#23-15 This is the Report of the Community Police Review Board's (the"Board")review of the investigation of Complaint CPRB #23-15 (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 report, because of the Police Chief's professional expertise. (Iowa City Code Section 8-8-7(13)(2)). FILED MAY 14 2024 City Clerk Iowa City, Iowa 4. According to Iowa City Code Section 8-8-7(B)(2), the Board may issue a report that disagrees with the decision set forth in the Police Chiefs or City Manager's report oniv 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)(6)). 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 December 20, 2023. 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 February 23, 2024. As per Section 8-8-6(D)of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. The complainant did not respond. The Board voted on April 9, 2024 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 April 9, 2024 and May 14, 2024. Prior to the April 9, 2024 meeting, the Board had the opportunity to review the complaint, the Police Chief's 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: No specific incident was mentioned in the complaint of a lack of professionalism and respect involving the Iowa City Police Department(ICPD)however the month of October of 2023 was mentioned. The Iowa City Police Department(ICPD)had 8 contacts with the Complainant during the month of October 2023. Many of these contacts involved civil issues, over which law enforcement has no authority. Attempts to obtain further information from the Complainant, were unsuccessful. FILED MAY 14 2024 City Clerk Iowa City, Iowa COMPLAINANT'S ALLEGATION#1 — Violation of 320.5.9-Conduct Discourteous, disrespectful or discriminatory treatment of any member of the public, or any member of this department or the City. Chiefs conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The Complainant alleges that they had an unfortunate encounter with a member of the Iowa City Police Department. No specific incident was mentioned and no details were provided, although the month of October 2023 was mentioned in the complaint. A review of the 8 contacts ICPD had with the Complainant in the month of October 2023 showed no incidents of inappropriate behavior being observed. Many of these contacts involved civil issues, over which law enforcement has no authority. COMMENTS: Officers of ICPD have shown patience and often encouraged the Complainant to take advantages of resources in the community. FILED MAY 14 2024 City Clerk Iowa City, Iowa COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 DATE May 14, 2024 To: City Council Complainant City Manager Chief of Police Officers)involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#24-01 This is the Report of the Community Police Review Board's (the"Board")review of the investigation of Complaint CPRB#24-01(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 the 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 report, because of the Police Chiefs professional expertise.(Iowa City Code Section 8-8-7(B)(2). FILED MAY 14 2G24 City Clerk Iowa City, Iowa 4. According to Iowa City Code Section 8-8-7(B)(2), the Board may issue a report that disagrees with the decision set forth in the Police Chiefs or City Manager's report on1v 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. S. 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)(6)). 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 January 25, 2024. 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 February 26, 2024. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. The complainant did not respond. The Board voted on April 9, 2024 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 April 9, 2024 and May 14, 2024. Prior to the April 9, 2024 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: On January 24, 2024 the complainant went to the local Walmart to purchase alcohol for religious practices. Although the complainant is under the age of 21, he argued that he had the right to purchase the alcohol due to a religious exemption. The store clerk asked the police officer to explain to the complainant why he could not purchase the alcohol. FILED MAY 14 2024 City Clerk Iowa City, Iowa COMPLAINANT'S ALLEGATION #1 — Violation of 320.5.7- Efficiency. Chief's conclusion: Not sustained. Board's conclusion: Not sustained. Basis for the Board's conclusion: After viewing the video of interaction between complainant and officer and reviewing Chiefs summary report, along with the Iowa City, City Attorney's opinion; advising the federal and state religious exemption does not apply to purchasing alcohol underage, but only to possession. The board concludes that there was no violation of 320.5.7-Efficiency. COMPLAINANT'S ALLEGATION #2 — Violation of 320.5.9- Conduct, Chief's conclusion: Not sustained. Board's conclusion: Not sustained. Basis for the Board's conclusion: After viewing the video of interaction between the complainant and officer and reviewing the Chiefs summary report along with the Iowa City, City Attorney's opinion;advising that federal and state religious exemptions does not apply to purchasing alcohol underage, but only to possession. The board concluded that there was no violation of 320. 5.9—conduct. COMMENTS: None. FILED MAY 14 2024 City Clerk Iowa City, Iowa CPRE REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #24-04 Complaint CPRB #24-04, filed April 25, 2024, was summarily dismissed as required by the City Code, Section 8-8-3 (E), requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board. City Code Section 8-8-3 (E): Only those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not filed within one hundred eighty (190) days of the alleged misconduct may be subject to summary dismissal by the board. DATED: May 14, 2024 FILED N,AY 14 2024 CRY Clerk iowa City, Iowa