HomeMy WebLinkAboutBy-LawsPrepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No. 21-4857
Ordinance amending Title 8, entitled "Police Regulations," Chapter 8,
entitled "Community Police Review Board," to lengthen the time period to
file a complaint and to allow the complainant to respond to the Police
Chief's report.
Whereas, Resolution No. 20.159 entitled "Resolution of Initial Council Commitments
addressing Black Lives Matter Movement and Systemic Racism in the wake of the murder of
George Floyd by the Minneapolis Police and calls for action from protesters and residents"
contained 17 actions items;
Whereas, the action item in Paragraph 8 was a request to the Community Police Review
Board (CPRB) for a "report and recommendation ... regarding changes to the CPRB ordinance
that enhance its ability to provide effective civilian oversight of the ICPD";
..,
Whereas, the CPRB submitted a list of recommendations to City Cou December 22, 2020; ncil in a memo dated
Whereas, Council desires to enact two recommendations while others await legal review
and further Council discussion; and
Whereas, it is in the City's interest to lengthen the time period to file a complaint from 90 to
180 days after the alleged misconduct and to allow a complainant to respond to the Police
Chief's or City Manager's report.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. Amendments.
9. Title $ entitled "Police Regulations,,, Chapter 8, entitled
"Community Police Review Board," Section 3, entitled "Definition of Complaint; Complaint
Process in General," Subsection D is amended by adding the underscore text and deleting the
strike -through text as follows:
D. All complaints to the board must be filed with the City Clerk within one hundred ei ht
LiL01 n4464Y-(90) days of the alleged misconduct.
2. Title 8, entitled "Police Regulations," Chapter 8, entitled
"Community Police Review Board," Section 6, entitled "Police Chief's Report to Board; City
Manager's Report to Board," Subsection D is amended by adding the underscore text as
follows:
D. A copy of the Police Chief's report to the board shall be given to the police officer, the
complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the
City Manager's report to the board shall be given to the Police Chief, the complainant, and
the City Council. The coco I I 112 lainant shall have twenf -one 21 da s to res and to the Police
Chiefs or Cit Mana er's re ort and the Police Chief and Cit Mana er shall have ten f 0
da s to res and to com lainant's res onse. The board will rant extensions from these
deadlines far ood cause shown. The com laina 1 s res onse shall be considered art of
the complaint and the Police Chiefs or Ut Mana er's response to the com lainant's
res ❑nse shall be considered art of the Police Chiefs re ort or Cit Manager's re ort as
those terms are used in Chapter 8.
Section Il. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section ill. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
Section 1V, Severabifit If any section, provision or part of the ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No. 21-4857
Page 2
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 18th day of May , 2021.
M r
Attest: 4iC
lerlt
Approved by
City A#torney's Office — 04/26/2021
Ordinance No. 21-4857
Page _ 3
It was moved by Weiner _ and seconded by Thomas
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bergus
x Mims
x Salih
x Taylor
x Teague
x Thomas
x Weiner
that the
First Consideration 05/04/2021
Vote for passage:
AYES: Teague, Thomas, Weiner, Bergus, Mims, Salih, Taylor.
NAYS: None. ABSENT: None.
Second Consideration ------
Vote for passage:
Date published 05 / 27 / 2021
Moved by Mims, seconded by Taylor, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
AYES: Weiner, Bergus, Mims, Salih, Taylor, Teague, Thomas.
NAYS: None. ABSENT: None.
Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041
Resolution No. i g-284
Resolution approving the By-laws of the Community Police
and rescinding resolution 17-93. Review Board
Whereas, the by-laws of the Community Police Review Board have not been updated
since April 2017; and
Whereas, it is in the public interest to adopt by-laws which guide the procedure
d
actions to include the name of the council member appointment by the City Council
to
serve as the liaison to the Board during member orientation (Article III, Section 3 and t
correct the expiration date for member terms to June 30 (Article III, Section 6); and o
Whereas, the Community Police Review Board recommended at their Se temb
Commission meeting to approve the amended by-laws; and p er 24, 2019
Whereas, the proposed by-laws have been reviewed by the Council Rules Committee,
and are recommended for adoption; and mittee,
Whereas, the by-laws were approved previously in Resolution 17-93.
Now, therefore, be it resolved by the City Council of the City of Iowa
City, Iowa, that:
1. Resolution 17-93 is hereby rescinded.
2. The by-laws of the Community Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this 3r�day of December
,2019.
Attest:
40ty Clerk
pprav
IJ �2L l l
Attorney's office
Resolution No. _
Page 2
It was moved by Mims
Resolution be ado ted and seconded by Salih
P , and on roll call there were:
AYES:
NAYS: ABSENT:
x
x
Cole
x
Mims
x
Sahh
x
Taylor
x
Teague
x
Thomas
Throgmorton
the
IOWA CITY
COMMUNITY POLICE
REVIEW BOARD
BY-LAWS
(Revised 12/3/19, Res.19- 284)
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE 1. AUTHORITY:
The Community police Review Board formerly known as the Citizens Police Review Board (hereafter
referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City
Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein.
ARTICt_E 11. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's perfam,an�e is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to ensure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE Ili. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City
Council who skull be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace Officer"for good cause shown.
Section 2, Co ensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City police Department, the Board by-laws, open records law, open
meetings law, the name of the council member appointed by the City Council to serve as the
liaison to the Board and other documentation that would be useful to Board members in carrying
out their duties. They shall also be given an orientation briefing by the appropriate Citstaff and
the Board as is deemed appropriate. y
Section 4. AbsencesThe Board may recommend to the City Council that the City Council discharge
any Board member who. (1) is absent from two consecutive regular or special meetings without
excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive
regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out
of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
2
Section 6. Terms. Members small be initially appointed for staggered terms as outlined in Chapter
term of fou
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for r
years, with terms expiring ❑n June 30. If a position becomes vacant by reason of resigns#ion or
otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only through
the unexpired term, but also through a subsequent regular term.
Section 7. Resignations Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. QFFICERS:
Section 1. hiumber. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicabie after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacricies A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4, Chair erson, The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all dirties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice-Chairaerson, In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular M5 The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetingg Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Aida. Insofar as possible, at regular and special meetings only matters included on
the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of
non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
3
Section 5. Place of Meetin s. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section B. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Ex orted Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to corns before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Votina. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code, Upon request voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention,
Section 13. Roberts Rules of Drder. The rules in the current edition of Roberts Rules Newt Revised of order
shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE Vl. GENERAL AND LIMITED POWERS AND ❑L1TiES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City,
ARTICLE VII. PUBLIC RECORDS- EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records obtained in
investigation of any complaint shall be closed records unless a public hearing is held or n
contrary determination is made by Counsel to the Board pursuant to the ring i he of the
Iowa Code.Provisions
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
4
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein
complained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE Vlli. CONpCCT OF BOARD BUS-1—
Section 1 . A gnda. The Chairperson, or a designated representative, together w i t h staff assistance
shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before
the meeting and shall be sent to Board members and the media prior to meetings. Copies will be
available to the public at the meeting
Section 2, Minutes. Minutes of all meetings are to he prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policv. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council, From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report, An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. S1 JI3COM1V11TTEE&
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS,
These by-laws may be altered, amended or repealed, and new by -taws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council,
September 24,2019
Chris Olney
From: Kellie Fruehling
Sent: Wednesday, April 04, 2018 12:35 PM
To: Bob Miklo; Marcia Bollinger, Chris Olney
Subject: Terms
CPR (Jul i — Jul i), Historic Preservation Commission (Jul i — Jul i), Planning & Zoning Commission (Jul 1-
Jul i), and Public Art Advisory Committee (Jan 1 — Jan i) all have terms with the same start and end date. I
talked with Eleanor and we agreed to change the ending date on each commission by i day, so July i will now
be Jun 3o and Jan 1 will be Dec 31.
As you make changes to your by-laws, please update the ending term to the appropriate date.
Let me know if you have questions.
Thanks
Kellie Fruehling
City Clerk
City of Iowa City
410 E Washington St
Iowa City, IA 52240
(319) 356-5041
Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5043
RESOLUTION NO. 17-93
RESOLUTION APPROVING THE BY-LAWS
OF THE COMMUNITY POLICE REVIEW BOARD AND
RESCINDING RESOLUTIONS 15-222 AND 16-201.
WHEREAS, the by-laws of the Community Police Review Board have not been updated
since June 2016; and
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and
actions of the commission by having more flexibility and bringing further clarity to the
absence policy (Article III, Section 4); and
WHEREAS, the Community Police Review Board recommended at their February 14,
2017 Commission meeting to approve the amended by-laws; and
WHEREAS, the proposed by-laws have been reviewed by the Council Rules
Committee, and are recommended for adoption; and
WHEREAS, the by-laws were approved previously in Resolutions 15-222 and 16-201.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that:
1. Resolutions 15-222 and 16-201 are hereby rescinded.
2. The by-laws of the Community Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this
4th
ATTEST: /4j� pr���
ITY CLERK
day of April , 2017.
Approved By:
City Attorney's Office
Resolution No. 17-93
Page 2
It was moved by Botchway and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Dickens the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
IOWA CITY
COMMUNITY POLICE
REVIEW BOARD
: m V lFi
yd I m
(Revised 04/04/17, Res. 17-93 )
BY-LAWS
IOWA CITY COMMUNITY
POLICE REVIEW BOARD
ARTICLE I. AUTHORITY:
The Community Police Review Board formerly known as the Citizens Police Review Board
(hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of
the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated
herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City
community by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure that the Iowa City Police Department's performance is
in keeping with community standards, this Board is created to review investigations into
complaints of police misconduct to insure that such investigations are conducted in a matter which
is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law and other documentation that would be useful to Board members in carrying out
their duties. They shall also be given an orientation briefing by the appropriate City staff and the
Board as is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council
discharge any Board member who: (1) is absent from two consecutive regular or special meetings
without excuse as determined by the Board on a case by case basis; or (2) is absent from four
consecutive regular or special meetings, whether excused or unexcused; or (3) is absent from at
least four out of six consecutive regular or special meetings, whether excused or unexcused.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
2
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on July 1. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included
on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion
of non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
3
Section 5. Place of Meetings_ . Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City -
ARTICLE VII. PUBLIC RECORDS; -EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
OWA CITY
POLICE CITIZENS
REVIEW BOARD
BY-LAWS
(Revised 01/16/01, Res. 01-10)
BY-LAWS
IOWA CITY POLICE
CITIZENS REVIEW BOARD
ARTICLE I. AUTHORITY:
The Iowa City Police Citizens Review Board (PCRB) shall have that authority which is conferred
by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption of these by-
laws stated herein.
ARTICLE II. PURPOSF-
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of
Iowa City by establishing a Police Citizens Review Board to advise the Police Chief, City Manager
and City Council on matters pertaining to the policies, practices and overall performance of the
Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa
City Police Department's performance is in keeping with community standards, this Board is
created to review investigations into complaints of police misconduct to insure that such
investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a
central registry and to provide City Council with an annual report on all such complaints.
ARTICLE Ili. MEMBERSHIP:
Section 1. Qualifications. The Police Citizens Review Board shall consist of five (5) members ap-
pointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall
meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the
Board shall include one current or former "peace officer" as that term is defined by state law. The
City Council may waive the residency requirement for good cause shown and may waive the
requirement that the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Police
Citizens Review Board, the written policies of the Iowa City Police Department, the PCRB by-laws,
open records law, open meetings law and other documentation that would be useful to Board
members in carrying out their duties. They shall also be given an orientation briefing by the
appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Board member from regular
meetings may result in a recommendation to the City Council from the Board to discharge said
member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
2
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on May 1. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. Special meetings may be called by the Chairperson and shall be called by the
Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least
one (1) full day's written notice of meeting place, time and agenda shall be given each Member
and the media. Insofar as possible, only matters included on the agenda may be discussed and
formal votes taken. Care shall be taken to avoid discussion of non -agenda items.
Section 2. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 3. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 4. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 5. Proxies. There shall be no vote by proxy.
Section 6. Pubtic Discussion. Time shall be made available during all meetings for open public
discussion.
Section 7. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 8. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 9. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 10. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES-.
The Iowa City Police Citizens Review Board shall have the powers and duties set forth in Chapter
8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
4
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
(d) Mediation matters are protected from disclosure by the Iowa Code
ARTICLE VIII._ CONDUCT OF BOARD BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24
hours before the meeting and shall be sent to Board members and the media prior to meetings.
Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
January 17, 2001
g:\.. Awpdata\clerk\pcbyIaws.doc
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 98-303
RESOLUTION AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW
BOARD TO ALLOW COMMUNITY FORUMS TO BE HELD IN NON -CITY FACILITIES
IN IOWA CITY.
WHEREAS, the Police Citizens Review Board desires to amend its by-laws to allow community
forums to be held in non -City facilities in Iowa City; and
WHEREAS, the Police Citizens Review Board recommended approval of said amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1) That Article V. Board Meetings, Section 3 Place of Meetings, of the Police Citizens Review
Board by-laws adopted by Resolution 97-394 on December 9, 1997 is hereby deleted and
replaced with a new Article V. Board Meetings, Section 3 Place of Meetings as follows:
Meetings, both regular and special, shall be held in an accessible City facility. Meetings
which are forums solely for community input may be in other appropriate meeting places
in Iowa City.
2) The Mayor and City Clerk are hereby authorized and directed to certify a copy of this
Resolution.
Passed and approved this 22ndday of Se tembe , 1998.
AYOR
ATTEST:
CITY CLERK
A ved by
City Attorney's Office 9-Q) ie
It was moved by Thornberry and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X
Champion
x
Kubby
x
Lehman
X
Norton
x
O'Donnell
x
Thornberry
x
Vanderhoef
derk/res/perb mtg.doc
IOWA CITY
POLICE CITIZENS
REVIEW BOARD
BY-LAWS
(Revised 9/22/98, Res. 98-303.)
BY-LAWS
IOWA CITY POLICE
CITIZENS REVIEW BOARD
ARTICLE I. AUTHORITY:
The Iowa City Police Citizens Review Board (PCRB) shall have that authority which is
conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption
of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens
of Iowa City by establishing a Police Citizens Review Board to advise the Police Chief, City
Manager and City Council on matters pertaining to the policies, practices and overall
performance of the Iowa City Police Department. Further, in an effort to assure the citizens
of Iowa City that the Iowa City Police Department's performance is in keeping with
community standards, this Board is created to review investigations into complaints of police
misconduct to insure that such investigations are conducted in a matter which is fair,
thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Police Citizens Review Board shall consist of five (5) members
appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and
shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appoint-
ments to the Board shall include one current or former "peace officer" as that term is defined
by state law. The City Council may waive the residency requirement for good cause shown
and may waive the requirement that the Board include one current or former "peace officer"
for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board business.
Such expenses must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Police
Citizens Review Board, the written policies of the Iowa City Police Department, the PCRB by-
laws, open records law, open meetings law and other documentation that would be useful to
Board members in carrying out their duties. They shall also be given an orientation briefing by
the appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Board member from
regular meetings may result in a recommendation to the City Council from the Board to
discharge said member and appoint a new Board member.
N
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term
illness, disqualification or removal shall be filled by the City Council after at least 30 days
public notice of the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in
Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for
terms of four years, with terms expiring on May 1. If a position becomes vacant by reason
of resignation or otherwise, and results in an unexpired term of six months or less, the Council
may choose to fill the unexpired term in such a manner that the appointee shall continue in
the position not only through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy
to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of
intended departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson,
each of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority
of all members as soon as practicable after formation of the Board, and thereafter annually
at the first regular meeting in October each year; if the election of officers shall not be held
at such meeting, such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the
term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and
when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. At least one (1) monthly meeting shall be held. Special
meetings may be called by the Chairperson and shall be called by the Chairperson or Vice
Chairperson at the request of three or more Members of the Board. At least one (1) full day's
written notice of meeting place, time and agenda shall be given each Member and the media.
Insofar as possible, only matters included on the agenda may be discussed and formal votes
taken. Care shall be taken to avoid discussion of.non-agenda items.
3
Section 2. Quorum. A majority of the members of the Board shall constitute a quorum at
any meeting.
Section 3. Place of Meetings. Meetings, both regular and special, shall be held in an
accessible City facility. Meetings which are forums solely for community input may be in
other appropriate meeting places in Iowa City.
Section 4. Notice of Meetings. Notice of meetings shall be required; meetings may be
called upon notice not less than twenty-four (24) hours before the meetings unless such
notice is impossible or impracticable, in which case notice shall be provided as outlined in
the Iowa Code. The news media shall be notified by staff. Board meetings shall be public
except where provided in the Iowa Code.
Section 5. Proxies. There shall be no vote by proxy.
Section 6. Public Discussion. Time shall be made available during all meetings for open
public discussion.
Section 7. Motions. Motions may be made or seconded by any member of the Board,
including the Chairperson.
Section 8. Exparte Contacts. A member who has had a discussion of an agenda item
outside of a public meeting with an interested party shall reveal the contact, name the other
party and share specifics of the contact, copies if in writing or a synopsis if verbal.
Section 9. Conflict of Interest. Members who believe they have a conflict of interest on a
matter about to come before the Board shall state the reason for the conflict of interest,
leave the room before the discussion begins, and return after the vote.
Section 10. Voting. A majority vote is required for adoption of any motion, except for a
motion to close a session as provided for in the Iowa Code. Upon request, voting will be by
roll call and will be recorded by yeas and nays. Every member of the Board, including the
Chairperson, is required to cast a vote upon each motion. A member who abstains shall
state the reason for abstention.
Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of
Order Newly Revised shall govern the Board in all cases to which they are applicable and in
which they are not inconsistent with these bylaws and any special rules or order the Board
may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Iowa City Police Citizens Review Board shall have the powers and duties set forth in
Chapter 8 of the City Code of Iowa City.
4
VII. PUBLIC RECORDS; EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public
hearing is held or a contrary determination is made by Counsel to the Board pursuant
to the provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the
Iowa Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall
prevent the Board from releasing such information concerning alleged or acknowledged
practices to the Iowa City City Council, the City Manager and/or Chief of Police, either
in the form of its required annual report or otherwise. This section does not prevent
any complainant, witness or other person from publicizing the filing of a complaint or
the matter therein complained of. Violation of these provisions by a member of the
Board or its staff shall constitute grounds for removal.
(d) Mediation matters are protected from disclosure by the Iowa Code.
ARTICLE Vill. CONDUCT OF BOARD BUSINESS:
Section 1. Agenda.
_ The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least
24 hours before the meeting and shall be sent to Board members and the media prior to
meetings. Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and
City Council members. Specific recommendations requiring Council action are to be set off
from the main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating
to the Board's duties as stated herein, and make such recommendations to the City Council
as are deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Board by the City
Council. The Board will initiate consideration of each item at the next regular Board meeting
and shall notify Council of its disposition.
5
Section 5. Annual Report. An annual report detailing the activities of the Board shall be
prepared by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCQMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as
designated by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than three members of the Board at any regular meeting or at any
special meeting called for that purpose. Amendments shall become effective after approval
by the City Council.
September 21, 1998
g: \.... \wpd ata\clerk\pcb yla ws. d oc
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041
RESOLUTION NO. 97-394
RESOLUTION APPROVING THE BY-LAWS OF THE POLICE CITIZENS' REVIEW BOARD
WHEREAS, the City Council of the City of Iowa City, Iowa passed Ordinance No. 97-3792 establishing
a Police Citizens' Review Board for the City of Iowa City, Iowa; and
WHEREAS, the Police Citizens' Review Board reviewed and unanimously adopted the by-laws and;
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the
commission; and
WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are
recommended for adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
THAT:
The by-laws of the Police Citizens' Review Board, attached hereto and incorporated by
reference herein, are approved and adopted by the City Council.
Passed and approved this 9th day of December , 1997.
aoxV --
I & L� A-
MAYO R
Ap ve b
ATTEST:
C! LERK City Attorney's Office
It was moved by Lehman and seconded by Vanderhoef the Resolution be adopted,
and upon roll call there were:
AYES: NAYS:
ABSENT:
X
Baker
X
Kubby
x
Lehman
x
Norton
x
Novick
x _
Thornberry
x
Vanderhoef
clerk\res\bylaws PC, wp5
IOWA CITY
POLICE CITIZENS'
REVIEW BOARD
BY-LAWS
BY-LAWS
IOWA CITY POLICE
CITIZENS' REVIEW BOARD
ARTICLE I. AUTHORITY:
The Iowa City Police Citizens' Review Board (PCRB) shall have that authority which is
conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption
of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens
of Iowa City by establishing a Police Citizens' Review Board to advise the Police Chief, City
Manager and City Council on matters pertaining to the policies, practices and overall
performance of the Iowa City Police Department. Further, in an effort to assure the citizens
of Iowa City that the Iowa City Police Department's performance is in keeping with
community standards, this Board is created to review investigations into complaints of police
misconduct to insure that such investigations are conducted in a matter which is fair,
thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Police Citizens' Review Board shall consist of five (5) members
appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and
shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appoint-
ments to the Board shall include one current or former "peace officer" as that term is defined
by state law. The City Council may waive the residency requirement for good cause shown
and may waive the requirement that the Board include one current or former "peace officer"
for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board business.
Such expenses must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Police
Citizens' Review Board, the written policies of the Iowa City Police Department, the PCRB by-
laws, open records law, open meetings law and other documentation that would be useful to
Board members in carrying out their duties. They shall also be given an orientation briefing by
the appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Board member from
regular meetings may result in a recommendation to the City Council from the Board to
discharge said member and appoint a new Board member.
4
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term
illness, disqualification or removal shall be filled by the City Council after at least 30 days
public notice of the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in
Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for
terms of four years, with terms expiring on May 1. If a position becomes vacant by reason
of resignation or otherwise, and results in an unexpired term of six months or less, the Council
may choose to fill the unexpired term in such a manner that the appointee shall continue in
the position not only through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy
to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of
intended departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson,
each of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority
of all members as soon as practicable after formation of the Board, and thereafter annually
at the first regular meeting in October each year; if the election of officers shall not be held
at such meeting, such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies-. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the
term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and
when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. At least one (1) monthly meeting shall be held. Special
meetings may be called by the Chairperson and shall be called by the Chairperson or Vice
Chairperson at the request of three or more Members of the Board. At least one (1) full day's
written notice of meeting place, time and agenda shall be given each Member and the media.
Insofar as possible, only matters included on the agenda may be discussed and formal votes
taken. Care shall be taken to avoid discussion of non -agenda items.
3
Section 2. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 3. Place of Meetings. All meetings shall be held in an accessible City facility.
Section 4. Notice of Meetings. Notice of meetings shall be required; meetings may be called
upon notice not less than twenty-four (24) hours before the meetings unless such notice is
impossible or impracticable, in which case notice shall be provided as outlined in the Iowa
Code. The news media shall be notified by staff. Board meetings shall be public except
where provided in the Iowa Code.
Section 5. Proxies. There shall be no vote by proxy.
Section 6. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 7. Motions., Motions may be made or seconded by any member of the Board,
including the Chairperson.
Section 8. Exparte Contacts. A member who has had a discussion of an agenda item outside
of a public meeting with an interested party shall reveal the contact, name the other party and
share specifics of the contact, copies if in writing or a synopsis if verbal.
Section 9. Conflict of Interest. Members who believe they have a conflict of interest on a
matter about to come before the Board shall state the reason for the conflict of interest, leave
the room before the discussion begins, and return after the vote.
Section 10. Voting. A majority vote is required for adoption of any motion, except for a
motion to close a session as provided for in the Iowa Code. Upon request, voting will be by
roll call and will be recorded by yeas and nays. Every member of the Board, including the
Chairperson, is required to cast a vote upon each motion. A member who abstains shall state
the reason for abstention.
Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which
they are not inconsistent with these bylaws and any special rules or order the Board may
adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Iowa City Police Citizens' Review Board shall have the powers and duties set forth in
Chapter 8 of the City Code of Iowa City.
4
VII. PUBLIC RECORDS, EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public
hearing is held or a contrary determination is made by Counsel to the Board pursuant
to the provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the
Iowa Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall
prevent the Board from releasing such information concerning alleged or acknowledged
practices to the Iowa City City Council, the City Manager and/or Chief of Police, either
in the form of its required annual report or otherwise. This section does not prevent
any complainant, witness or other person from publicizing the filing of a complaint or
the matter therein complained of. Violation of these provisions by a member of the
Board or its staff shall constitute grounds for removal.
(d) Mediation matters are protected from disclosure by the Iowa Code
ARTICLE Vlll. CONDUCT OF BOARD BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least
24 hours before the meeting and shall be sent to Board members and the media prior to
meetings. Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and
City Council members. Specific recommendations requiring Council action are to be set off
from the main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating
to the Board's duties as stated herein, and make such recommendations to the City Council
as are deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Board by the City
Council. The Board will initiate consideration of each item at the next regular Board meeting
and shall notify Council of its disposition.
5
Section 5. Annual Report. An annual report detailing the activities of the Board shall be
prepared by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as
designated by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than three members of the Board at any regular meeting or at any
special meeting called for that purpose. Amendments shall become effective after approval
by the City Council.
December 2, 1997
g:\....\Iegal\sarah\bylaws2. prb
Contact Person: Dennis Mitchell, Asst. City
Attorney, 410 E. Washington Street, Iowa City, IA
52240; 319-356-5030
ORDINANCE NO. 97-3792
AN ORDINANCE CREATING A POLICE
CITIZEN'S REVIEW BOARD TO ASSIST THE
CITY IN PROCESSING CITIZEN COMPLAINTS
CONCERNING THE POLICE DEPARTMENT AND
ASSURING THE POLICE DEPARTMENT IS
RESPONSIVE TO COMMUNITY NEEDS.
WHEREAS, the City Council for the City of
Iowa City desires to create a police citizen's
review board ("PCRB") to assure that
investigations into claims of police misconduct
are conducted in a manner which is fair,
thorough, and accurate; and
WHEREAS, the PCRB is designed to assist the
Police Chief, the City Manager and the City
Council in evaluating the overall performance of
the Police Department as a whole, by having
the PCRB review the Police Department's
investigation into complaints; and
WHEREAS, the combination of these two
purposes will better assure the citizens of Iowa
City that the Iowa City Police Department's
performance is in keeping with community
standards.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
SECTION 1. Title 8, entitled "Police", is hereby
amended by adding a Chapter 8, entitled
"Police Citizens Review Board" as follows:
1. Creation of a Police Citizen Review Board.
As permitted under Iowa's home rule
authority, the City of Iowa City hereby creates
a Police Citizen's Review Board, to be hereafter
referred to as the "Board," subject to the duties
and limited powers set forth herein.
2. Intent, Goals and Guiding Principles.
A. Investigations into claims of
inappropriate conduct by sworn police
officers will be conducted in a manner
which is fair, thorough, and accurate.
B. An annual reporting system regarding
complaints against sworn police officers
will be established to give the City
Council sufficient information to assess
Ordinance No. 97-3792
Page 2
the overall performance of the Iowa City
Police Department in these matters.
C. The Board will:
(1) - Oversee a monitoring system
for tracking receipt of complaints
lodged against sworn police officers;
(2) Provide oversight of police
investigations through review of such
investigations;
(3) Provide the opportunity for a
hearing to the police officer if the
Board's findings on the complaint are
critical of the police officer, as
required by constitutional law, and
give both the police officer and the
complainant the opportunity to
present testimony and evidence;
(4) Issue a final Public Report on
each complaint to the City Council
which sets forth factual findings and
a written conclusion which explains
why and the extent to which the
complaint is either "sustained" or
"not sustained".
D. The Board shall have no authority
over police disciplinary matters because
only the Police Chief or City Manager may
impose discipline under Iowa law.
E. No findings in the Board's Report shall
be used in any other legal proceeding.
F. The Board shall only review the
conduct of sworn police officers and shall
only act in a civil, not criminal, capacity.
The Board is not intended to be a court of
law, a tort claim process or other
litigation process. No action of the Board
shall be deemed to diminish or limit the
right of any person to file a claim or a
lawsuit against the City.
G. A complaint may be filed by any
person with personal knowledge of an
incident. Personal knowledge means the
complainant was directly involved in the
incident or witnessed the incident. If the
person with personal knowledge is
underage or otherwise unable to complete
a complaint form, the complaint may be
filed by such person's designated
representative. The City Manager, the
Police Chief, the City Council, or the
Board may file a complaint based upon a
reasonable belief that police misconduct
has occurred regardless of personal
knowledge.
H. In order to assure that people feel
confident in the complaint process, non-
Ordinance No. 97-3792
Page 3
police City staff shall be available at a
public location other than the police
department to receive complaints,
although complaints may also be filed at
the police department. Formal mediation
shall be available to the complainant(s)
and the police officer(s) at any time
during the process.
I. The Board shall not interfere with or
diminish the legal rights of sworn police
officers, including those rights protected
under the union contract, Civil Service
Commission, and state and federal law.
Similarly, the Board shall respect the
rights of privacy and freedom from
defamation shared by complainants and
witnesses, as well as those same rights
enjoyed by police officers under the law.
J. The City Council finds that internal
accountability within the Police Depart-
ment is a valid legislative purpose, and
one method of accomplishing such
internal accountability is to have the
police do their own investigations into
claims of inappropriate police conduct. If
a complaint is asserted against the Police
Chief, the City Manager will investigate
the claim and report to the Board and the
City Council.
K. Investigation of all formal complaints
is a mandatory duty of the Police Chief,
and a report of each complaint
investigation shall be given to the Board.
Such reports to the Board shall include
the factual findings of the Police Chief as
well as a written conclusion explaining
why and the extent to which a complaint
is either "sustained" or "not sustained".
However, such reports shall not include
discipline or other personnel matters. If
the Police Chief and the City Manager
find the police officer's actions constitute
misconduct and discipline is imposed by
the Police Chief or City Manager, the
internal affairs investigation may become
a public record to be released by the City
Attorney to the extent provided by law.
L. In order to assure external account-
ability of the actions of the Police
Department, all formal complaint
investigations shall be reviewed by the
Board and reported to the City Council.
M. External accountability will further be
provided by the Board's maintenance of a
central registry of all formal complaints.
In addition to the central registry, the
Ordinance No. 97-3792
Page 4
Board shall provide an annual report to
the City Council, which report shall be
public and shall set forth the general
types and numbers of complaints, how
they were resolved, demographic
information, and recommendations as to
how the Police Department may improve
its community relations or be more
responsive to community needs.
N. The Board shall have oversight
authority to review police practices,
procedures, and written policies as those
practices and procedures relate to the
Police Department's performance as a
whole, and shall report same to the City
Council, including any recommended
changes.
3. Definition of 'Complaint; Complaint
Process in General.
A. A "complaint" is an allegation of
misconduct lodged against a sworn police
officer ("police officer" or "officer")
employed by the Iowa City Police
Department, where the complained -of
activity occurred while the officer was
acting in the capacity of a sworn police
officer.
B. Any person with "personal
knowledge" of the alleged police
misconduct may file a complaint with the
Board or with the Iowa City Police
Department. In order to have "personal
knowledge", the complainant must have
been directly involved in the incident or
witnessed the incident. If the person
with personal knowledge is underage or
otherwise unable to complete a complaint
form, the complaint may be filed by such
person's designated representative. The
City Manager, the Police Chief, the City
Council or the Board itself may file a
complaint based on a reasonable belief
that police misconduct has occurred
regardless of personal knowledge. The
person or official filing the complaint may
hereafter be referred to as the
"complainant".
C. All complaints filed with the Board or
the Iowa City Police Department shall be
in writing and on forms provided by the
Board. Complaint forms shall be available
to the public, in easily accessible
locations, and non -police staff shall be
available to receive the complaint forms.
Assistance may be available to complete
the form as designated by the Board.
Ordinance No. 97-3792
Page 5
D. All complaints must be filed with
either the Board or the Iowa City Police
Department within sixty (60) days of the
alleged misconduct.
E. Only those complaints which do not
involve the conduct of an Iowa City
sworn police officer or are not filed within
sixty (60) days of the alleged misconduct
may be subject to summary dismissal by
the Board.
4. Formal Mediation.
A. Formal mediation shall be the
responsibility of the Board, and shall be
available to the complainant(s) and police
officer(s) at any stage of the process
upon consent of all involved parties and
as provided by the Board. Upon the filing
of a complaint, all complainants shall be
informed that formal mediation is
available. A complainant may also meet
informally with the police officer and the
watch commander of the police officer if
the complainant wishes to do so.
B. If a complaint is successfully
mediated, the terms of the mediation
agreement shall be set forth in writing,
and shall be kept confidential to the
extent allowed by law; but the status of
settlement shall be maintained in the
Board's central registry for reporting in
the Board's annual report. There shall be
no retaliation against police officers who
choose not to mediate.
5. Police Department and Police Chief
Investigatory Duties; City Manager
Investigatory Duties.
A. The Police Department shall forward
copies of all complaints received to the
Board. If the complaint concerns the
Police Chief, a copy of the complaint shall
also be forwarded to the City Manager.
B. Investigation, It shall be the
mandatory duty of the Police Chief to do
the following:
(1) Prior to investigation of any
complaint, the Police Chief shall first
give Garrity and Gardner advice to all
police officers implicated in the
complaint, as required by constitutional
law. This means the officer cannot be
required to waive the officer's
constitutional right against self-
incrimination. However, the officer may
be required to answer questions during
the investigation as a condition of the
officer's employment, but any
Ordinance No. 97-3792
Page 6
admissions made by the officer cannot
be used against the officer in a criminal
proceeding.
(2) Notify the complainant and the
police officer who is the subject of the
complaint that formal mediation is
available at any time during the police
department's investigation and the
Board's review. The Police Chief may
also notify the complainant that the
complainant may meet informally with
the police officer and the watch
commander of the police officer if the
complainant wishes to do so.
(3) Assign the complaint to
designated investigators within the
Police Department for investigation into
the factual allegations of the complaint.
(4) The complainant shall be
interviewed by the Police Department
and shall be entitled to have a neutral
City staff person or some other person
chosen by the complainant present
during the interview. The police officer
is entitled to have a union steward
present during any interviews.
(5) Investigators will prepare and
forward a report of their investigation to
the Police Chief, and shall make detailed
findings of fact as to the allegations in
the complaint, and shall also set forth a
written conclusion which explains why
and the extent to which the complaint
is either "sustained" or "not sustained".
C. If litigation, including criminal charges,
relating to the matter of the complaint is
commenced or is being contemplated by or
against any party to the complaint, the
Police Department, the Police Chief and/or
the Board shall consult with the City
Attorney and/or the Board's own attorney
on a case -by -case basis, to determine
whether and how the investigation of the
complaint should proceed.
D. If a complaint is filed concerning the
Police Chief's conduct, the City Manager
shall investigate or cause an investigation
to be completed.
E. Nothing in this ordinance shall prevent
the Police Chief or the City Manager from
taking disciplinary action prior to the
Board's review of the complaint.
6. Police Chief's Report to the Board; City
Manager's Report to the Board
A. The Police Chief shall receive the
designated investigators' report within the
Ordinance No. 97-3792
Page 7
time frame indicated by the Police Chief.
The Police Chief shall conduct a review of
the investigators' report, and may do any
or all of the following: conduct interviews
or request the police investigators to
conduct additional investigations; request
additional information, or that additional
questions be asked; interview or direct that
other persons or witnesses be interviewed;
request that other documents be reviewed
and/or retrieved; and any other
investigative matters the Police Chief
deems appropriate.
B. The Police Chief will consult with the
City Personnel Administrator and the City
Attorney prior to finalizing the Police
Chief's Report to the Board, and shall then
forward this Report to the Board, which
shall include the following:
(1) Detailed written findings of fact
concerning the allegations in the
complaint;
(2) A written conclusion which explains
why and the extent to which the
complaint is either "sustained" or "not
sustained"; and
(3) Recommended remedial actions, if
any, including amending current policies
or adopting new policies.
C. The Police Chief's Report to the Board
shall not include discipline or personnel
matters.
D. A copy of the Police Chief's Report to
the Board shall be given to the police
officer, the complainant, and the City
Manager. If the complaint concerns the
Police Chief, copies of the City Manager's
Report to the Board shall be given to the
Police Chief, the complainant, and the City
Council.
E. The Police Chief's Report to the Board
shall be completed within thirty (30)
calendar days after complaint is filed. The
Board may grant extensions from this
deadline for good cause shown.
F. All investigations shall be performed in
a manner designed to produce a minimum
of inconvenience and embarrassment to all
parties —including the complainant, the
police officer, and other witnesses.
G. If a complaint is filed concerning the
Police Chief, the City Manager's Report
shall include the same findings of fact and
conclusions as required for the Police
Chief's Report to the Board.
Ordinance No. 97_3792
Page 8
7. Duties of the Board: Complaint Review
and General Duties
A. The Board shall forward copies of all
complaints received to the Police Chief
for investigation; or where the complaint
concerns the Police Chief, forward a copy
of the complaint to the City Manager for
investigation.
B. Review of Police Chief's Report or
City Manager's Report.
(1) The Board shall review all Police
Chief's Reports and City Manager's
Reports concerning complaints. The
Board shall decide, on a simple
majority vote, the level of review to
give each Police Chief's or City
Manager's Report, and the Board may
select any or all of the following
levels of review:
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 City Manager, or
request police assistance in the
Board's own investigation;
e. Performance by Board
of its own additional
investigation;
f. Hire independent
investigators.
(2) The Board shall apply a
"reasonable basis" standard of review
when reviewing the Police Chief's or
City Manager's Report. This requires
the Board to give deference to the
Police Chief's or City Manager's
Report because of the Police Chief's
and City Manager's respective
professional expertise. The Board
may recommend that the Police Chief
or City Manager reverse or modify
their findings only if:
a. the findings are
unsupported by substantial
evidence;
b. the findings are
unreasonable, arbitrary or
capricious; or
C. the findings are
contrary to a police department
Ordinance No. -37g2
Page 9
policy or practice, or any
federal, state, or local law.
When collecting and reviewing additional
evidence, the Board shall rely on evidence
which reasonably prudent persons are
accustomed to rely upon in the conduct of
their serious affairs.
(3) At the conclusion of the
Board's review, the Board shall issue
a Public Report to the City Council
concerning the complaint
investigation. Such Public Report
shall include detailed findings of fact
concerning the complaint, together
with a clearly articulated conclusion
which explains why and the extent to
which the complaint is "sustained" or
"not sustained". This Public Report
shall not include the names of the
complainant or the police officers
unless the complaint is sustained. In
addition, this Public Report shall not
include any discipline or personnel
matters, although the Board may
comment generally as to whether the
Board believes discipline is
appropriate without commenting on
the extent or form of the discipline.
A copy of this Public Report to the
City Council shall be given to the
complainant, the police officer, the
Police Chief and the City Manager.
(4) The Board shall not issue a
Report which is critical of the sworn
police officer's conduct until after a
"name -clearing hearing" has been
held, consistent with constitutional
due process law. The Board shall
give notice of such hearing to both
the police officer and the complainant
so that they may testify before the
Board and present additional relevant
evidence. The Board shall be
responsible for protection of all state
and federal rights enjoyed by both the
officer and the complainant. The
officer may waive the right to this
hearing upon written waiver
submitted to the Board.
(5) If the Board's Report is not
critical of the officer's conduct, the
Board is not required by law to offer
a hearing to the officer, but the Board
may hold hearings as deemed
appropriate by the Board.
Ordinance No. 97-3792
Page 10
(6) The Board's Report to the City
Council shall be completed within
thirty (30) calendar days of receipt of
the Chief's or City Manager's Report.
The City Council may grant requests
for extensions to this deadline upon
good cause shown.
(7) Nothing in this ordinance shall
in any way impede or interfere with
the Police Chief's and the City
Manager's lawful ability to perform
their personnel supervisory duties
over sworn police officers, including
the ability to impose discipline as
deemed appropriate by the Police
Chief or City Manager.
(8) No findings or Report submitted
to the Board or prepared by the Board
shall be used in any other
proceedings.
C. General Powers and Duties. The Board
shall also carry out the following duties:
(1) Maintain a central registry of
complaints.
(2) Collect data and do an annual
report to the City Council which shall
be public and shall set forth the
general types and numbers of
complaints, disposition of the com-
plaints, the discipline which was
imposed, if any, and demographic
information. This annual report shall
not include the names of the
complainants or officers involved in
complainants which were not
sustained, and shall otherwise be in a
form which protects the
confidentiality of the parties while
providing the public with information
on the overall performance of the
Police Department. The Board's
annual report may also include
recommended changes in police
practices, policies or procedures.
(3) In addition to the annual report,
the Board shall, from time to time,
report to the City Council on police
practices, procedures and policies,
including recommended changes, if
appropriate.
(4) The Board shall adopt
procedural rules and by-laws
governing the Board's activities,
including the receipt and processing
of complaints, and such procedural
Ordinance No. 97-3792
Page 11
l
rules and by-laws shall be approved
by the City Council.
8. Board Composition; Limited Powers of the
Board.
A. Board Composition.
(1) The Board shall consist of five
(5) members appointed by the City
Council, who shall be Iowa City
eligible electors and shall serve
without compensation. The City
Council shall strive to appoint
members who represent the diversity
of the community. Appointments to
the Board shall include one current or
former "peace officer" as that term is
defined by state law. The City
Council reserves the right to waive
the residency requirement for good
cause shown. The City Council also
reserves the right, for good cause
shown, to waive the requirement that
the Board include one current or
former "peace officer."
(2) Following final adoption and
publication of this ordinance, the City
Council shall appoint members to the
Board for staggered terms. All
appointments shall be for a four (4)
year term, except for the initial
appointments which shall be as
follows:
- One (1) person appointed for a
two (2)-year term
- Two (2) persons appointed for
a three (3)-year term
- Two (2) persons appointed for
a four (4)-year term
(3) Training shall be available to all
Board members to enable them to
perform the duties imposed herein,
including training on Iowa's public
records and open meetings laws.
B. Limited Powers, The Board shall have
the following limited powers:
(1) On its own motion, by a simple
majority vote of all members of the
Board, the Board may file a
complaint.
(2) The Board shall decide the level
of review to give the Police Chief's or
City Manager's Report by a simple
majority vote of all members of the
Board.
(3) The Board has no power to
review police officer personnel
records or disciplinary matters except
Ordinance No. 97_3792
Page 12
to the extent such matters are made
public by the City Attorney.
(4) The Board has only limited civil,
administrative review powers, and
has no power or authority over
criminal matters. The Board is not a
court of law, and is not intended to
substitute as a tort claims procedure
or as litigation against the City.
(5) If criminal charges are brought
or are being considered against a
particular police officer(s), the Board's
review or investigation may proceed
with interviewing other officers or
witnesses, or collecting documents,
as appropriate. Any statements given
by an officer who is subject to
criminal ihvestigation cannot later be
used against the officer in a criminal
proceeding, as provided under the
Fifth Amendment to the U.S.
Constitution, unless such
constitutional right is waived.
(6) The Board may obtain outside
counsel and independent investigators
in order to carry out the Board's
duties.
(7) The Board may hold general
informational hearings concerning
Police Department practices,
procedures or written policies, and
such hearings will be public. The
Board shall then report the results of
such general informational hearings to
the City Council, as the Board deems
appropriate.
9. Police Officer's and Complainant's Rights
Preserved.
A. All rights enjoyed by sworn police
officers employed by the City of Iowa
City are preserved in this ordinance, and
nothing herein is intended to waive,
diminish or interfere with any such rights
protected by the union contract, Iowa's
Civil Service Commission laws and other
applicable state and federal laws.
B. All common law rights enjoyed by
complainants and police officers, such as
privacy and freedom from defamation,
shall be protected during the process set
out in this ordinance, and it shall be the
Board's duty to protect said rights.
C. Notwithstanding the above
provisions, no Board member shall be
liable to any person for damages or
equitable relief by reason of any
Ordinance No. 97-3792
Page 13
investigation or recommendation or report
made by either a Board member or by the
Board itself.
10. Sunset Clause. This ordinance shall be
automatically repealed on August 1, 2001
unless re-enacted by City Council.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 15th day of
July .1997.
/ `
MAYOR
ATTEST:
CITY CL K
Ap
7.10-4-2
City Attorney's Office
/den nis. mittab/ord nws.617