HomeMy WebLinkAbout1996-10-22 Info PacketCITY Or IOWA CITY
INFORMATION PACKET
October 11, 1996
IP1
IP2
IP3
IP4
IP5
IP6
IP?
IP8
IP9
IP10
IPll
IP12
IP13
IP14
IP15
IP16
Memorandum from City Manager: Compressors on Balconies
Memorandum from City Manager: City Plaza
Memorandum from City Manager: Civic Center Parking Lot
Memorandum from City Manager: Public Works Projects
Letter from City Manager to Edwin Barker: Sewer Line
Memorandum from Police Chief: Invitation to City Council
Memorandum from City Clerk: Meeting Schedule for Remainder of the Year
Letter from R.A. McKeen, Plaza Center One, to Mayor: Downtown Parking
Letter from Mayor to Gary Filosa: Parking Fines (Filosa letter included.
previously received copies.)
Letter from Sue Hickerson to Mayor: Shaw Shooting Incident
Email from Benn Dunnington to Council Member Baker: Shaw Shooting Incident
Letter from Thomas Bredeweg, Iowa League of Cities to City Officials:
Legislative Objectives
Ames Parks and Recreation Brochure:
Local Option Sales Tax (Atkins)
Counoi,35f .
Cedar Rapids Gazette: Governor Warns Against Quick Passage of Homicide Law in_~_~
Accident Aftermath (Novick)
Agenda for the Johnson County Board of Supervisors October 10, 1996, formal~(.
agenda
Internal
(I.A.I.R.)
Investigation Report #96-35, Internal Affairs Investigation Register~'~
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 9, 1996
City Council
City Manager
Compressors on Balconies
The Department of HIS staff brought the issue of the location of air conditioning compressors on
balconies to the recent Board of Appeals meeting. None of the board members were concerned
or apparently interested in pursuing an ordinance change as long as the compressors on a
balcony were not blocking any type of required exit. Unless we would hear differently. we will
take no further action.
City of Iowa City
MEMORANDUM
TO: City Council
FROM: City Manager
DATE: October 7, 1996
RE: City Plaza
As we now understand it, John Gross, who raised the issue of the name of City
Plaza, does not now appear interested in pursuing it further. I would leave it as
is. We can come-up with ideas on how to promote the City Plaza and use ped
mall, pedestrian plaza, etc.
cc: Joe Fowler
Dale Helling
City of Iowa City
MEMORANDUM
Date: October 7, 1996
To: City Council
From: City Manager
Re: Civic Center Parking Lot
For some time we have planned to improve the Civic Center Parking Lot lighting, which is now
underway. Also we plan to remove and replace the trees in the planting islands. Attached is a
summary description prepared by TerB, Robinson which explains the basics of our thinking and
plans.
We plan to do this work in one day and will close the lot for that particular day, sometime during
the week of October 21. The parking will be temporarily relocated. The trees will be removed,
stumps ground and replaced during this work day.
Attachment
CITY OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
CIVIC CENTER TREE PLANTING
The species planted in the parking lot, Bradford Pear and Red Bud, are declining and are beyond
any reasonable efforts to prolong their usefulness. I believe city funds would be better spent to
establish new trees that can better handle the parking lot environment. My goal is to provide a
canopy over the lot that will reduce the heat island effect and allow a better view into the lot. 1
believe we can accomplish this by selecting a more appropriate species.
Bradford Peer and Red Bud are typically not long lived trees, unless they are planted on the
perfect site. Obviously, the parking lot is not such a site. Over the past three years I have
removed two Red Buds and one Bradford. The Red Buds simply died; the Bradford succumbed
to storm damage. The Red Buds are all showing their age and beginning to decline. This is
evidenced by the dieback in the tops and on the tips of the branches. This is typical of the
species and I would expect to remove more branches and whole trees over the next three years.
The Bradfords are exhibiting what the industry has found to be their flaw. If not pruned judiciously
when very young to set up the proper scaffold branches, they will produce clumps of branches
at one location on the trunk. Structurally, these branches are poorly attached; they grow rapidly
for a number of yeare then break or split in storms. Pruning in later years is not a solution, as it
leaves large gaps in already established canopies and is aesthetically very displeasing. The
Bradfords are also beginning to thin, but it is a little less noticeable than the Red Buds. We have
found that Bradfords are not the tree it was thought to be 20 yeare ago, and as a result we no
longer plant them.
mgr~reep]nt. CC
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
City Manager
October 4, 1996
Public Works Projects
Some upcoming work activity:
1. Leaf removal is to begin on October 28.
2. "No bicycle riding on sidewalk" signs to be installed in CBD. Signs made by
Iowa Prison Industries.
"Share the Road" signs to be installed. Signs made by Iowa Prison
Industries.
Install a new 12" water main along south side of Highway 6 for Saddlebrook.
Detours, signing for upcoming Hospice Road Race.
Install additional lighting for Civic Center parking lot. We also plan to remove
and replant most of the trees in the planting islands.
October 7, 1996
Mr. Edwin K. Barker
6 Lime Kiln Lane NE
Iowa City, IA 52240
CITY OF I0 WA CITY
Dear Ed:
Thank you for your letter of September 27 and your expression of understanding of these
difficult times.
I would like to respond to your question regarding the sewer line which is being built in
connection with the new water plant and point you in the right direction for further
discussions of this issue. You raise the concern that the capacity of this new sewer line will
precipitate the annexation of property north of Iowa City's corporate limits. The construction
of this particular line is not intended to act as a catalyst to that action but does allow for
service to approximately 700 acres if that should ever be necessary.
Some years ago the City constructed the River Corridor Trunk line which is a major sewer
serving central Iowa City. This sewer was sized to allow service of up to approximately 700
acres north of Interstate 80. One of the concerns for the future, which was anticipated with
this construction, was the possible failure of private septic systems in the River Heights area.
The trunk line was sized to allow Iowa City to serve that ares in the future if needed. There
was also contemplation of running a sewer line along the Iowa River toward Rapid Creek to
serve an area north of the interstate. The line along the river has been abandoned as a
concept. Future difficulties in River Heights are still possible.
As part of our current comprehensive planning process, consideration will be given to the area
north of 1-80 which could be part of Iowa City at some time in the future. I would suggest
that you consult with Karin Franklin, our planning director, who can discuss with you the
City's growth area. I would like to assure you that the City's policy regarding annexation has
been and continues to be that annexation occurs under voluntary circumstances. Voluntary
annexation consists of a property owner petitioning the City Council to be part of Iowa City.
The only exception to this policy would be situations in which a very small parcel is standing
in the way of annexation by a property owner of a much larger piece of land; in these
instances, State law allows and encourages the annexation of the smaller parcel against the
owner's wishes,
410 EAST WASHINOTON STREET · IOWA CITY.
IOWA 32240-1826 · (319) ~$0-$000 · FAX (319)
Mr. Barker
October 7, 1996
Page 2
I do encourage you to talk with Karin regarding annexation and the future growth policy of
the City in the context of the Comprehensive Plan. I also assure you that there are no
intentions of the City to annex private property against the property owner's wishes in the
foreseeable future. Please let me know if we can answer any more of your questions.
Sincerely,
cc: Karin Franklin
City Council
MEMORANDUM
TO:
FROM:
RE:
DATE:
Steve Arkins, City Manager
R. J. Winkelhake, Chief of Police
INVITATION TO CITY COUNCIL
October 4, 1996
This is an invitation to city council members to ride along with our officers.
Friday or Saturday evening between the hours of 9:00 p.m. and 3:00 a.m. will
provide a very different view of our downtown area than that which they may be
used to.
;353(:
City of Iowa City
MEMORANDUM
DATE:
October 11, 1996
TO:
FROM:
Mayor and City Council
Marian K. Karr, City Clerk ~,~)'"~"'
RE:
Meeting Schedule for remainder of the year
Based on Council discussion at their October 7 work session the following meeting
schedule has been prepared. Please adjust your schedule accordingly.
Tuesday, October 8, Regular Formal - 7:00
Monday, October 21, Regular Work Session - 7:00
Tuesday, October 22, Regular Formal - 7:00
Wednesday, October 30, Special Work Session
Joint meeting with Library Bd. - 4:00-8:00
Monday, November 4*
Special Work Session - 5:30
Special Formal - 7:00
Wednesday, November 13, Special Work Session
Joint meeting with Parks & Recreation Commission - 4:30"
Monday, November 18, Regular Work Session - 7:00
Tuesday, November 19, Regular Formal - 7:00
Monday, December 2, Regular Work Session - 7:00
Tuesday, December 3, Regular Formal - 7;00
Monday, December 16, Regular Work Session - 7:00
Tuesday, December 17, Regular Formal - 7:00
Monday, December 30, Regular Work Session - CANCELED
Tuesday, December 31, Regular Formal - CANCELED
' No meeting scheduled election night, November 5
** Meeting to be held at Recreation Center
Please note there are no meetings scheduled for Thanksgiving week and the last
meeting of the year is December 17. Special formal meetings will be scheduled as
needed. Council would return to their regular off week schedule on January 13 and 14.
Extra budget work sessions will be scheduled in January.
cc: Divisions and Departments
cc~erk~chedule.doc
PLAZA
CENTi NE
~UITE '200
IOWA CITY. IO%V.A 5')')40
319-351-8698
/: ECEIV£D OCT 0 ?
October 3, 1996
Mayor Naomi Novick
Iowa City Council
Civic Center
410 E. Washington Street
Iowa City, Iowa 52240
Dear Mayor Novick:
Periodically I have written the City Council in my capacity of
Building Manager for Plaza Centre One on the walking mall in
downtown Iowa City. My concern has always been the preservation
of the parking agreement extended to those investing in the Urban
Renewal development in downtown Iowa City. Discussion has been
prominent as to the plans for the City to get involved in improvinG
this area, thus my timing of my reminder of the City of Iowa City
commitment to provide parking for the investors.
The Urban Renewal agreement stated those developing in the area
could not provide their own parking as the city would take that
responsibility by providing the parking ramp structures. The
ramps provide for both long term parking through the permits many
businesses secure through the City Transportation Department and
short term parking available for the continued assistance for the
shoppers availin9 themselves the services of the Downtown Iowa City
Merchants.
I ask that the Council keep this commitment foremost in the con-
siderations being proposed for the future of this area. I thank
for your cooperation in reviewing my letter and passing it on to
your fellow council members.
you
Sincerely~
R. A. (Dick) McKeen
Building Manager
Plaza Centre One
October 10, 1996
Dr. Gary Fairmont Filosa II
Box 1207
Iowa City, IA 52244-1207
Dear Dr. Filosa:
This will acknowledge your letter of October 7, 1996, regarding the parking fines. The City
attempts to enforce the parking laws consistently and equitably, including violations involving
parking permit areas. If you feel you were unjustly cited on October 2, please complete the
enclosed appeal form and return it to the City Parking Division. Your ticket will be reviewed
and you will be notified of the findings of the review panel.
CITY OF I0 WA CIT
You are correct that it may, in some cases, be to one's advantage to pay a parking fine rather
than to pay the appropriate fee. However, State law sets a fee of $5 for nearly all of the
more common parking violations, the most notable exception being violations of accessible
(handicapped) spaces. The City is thus prevented from setting fines which would more
effectively deter parking violations.
I hope this information is helpful to you.
Sincerely,
Naomi J, Novick
Mayor
Enclosure
DR. GARY FAIRMONT FIL0$A II
BOX 1207, Iowa City, Iowa 52244-1207 /
1-800-555-9044
7 October 1996
The Honorable Naom~Novick
Mayor
City of Iowa City
306 Mullin Street
Iowa City, Iowa 52246
Good morning, Madame Mayor,
the reason illegal parking is on t~e increase in our Oity is
because it costs less to park for the day illegally than it does
legally. When a motorist can park all day for $3 to $5' why bother
paying more to legal meters or lots?
Those who park in "permit only" areas suffer the most. They pay the
City good money in good faith and than must struggles to find a place
to park in an area designated exclusively for them while illegal parkers
thumbs their noses and laugh at their protests. It is truly humiliating
to these dispossessed permit payers and I might add highly destructive
to the integrity and reputation of city governance.
To add insult to injury permit parkers are often ticketed even when their
permits are showing as I was on 2 October by officer #47. This inability
to monitor permit parking areas ably deserves your attention and review.
Only when punishment fits the crime does crime cease. This is basic
criminal Jutsice 101, University of Chicago, et al. Fines for parking
violations must exceed legal parking rates at a minimum. All fines in
the City should be tripled at once I believe, and since we do not discriminate
against the handicapped or any other citizen, raise violation of permit
parking to $50 and the problem will cease at once.
To promote however minute the "permissive society" is a disservice to
every citizen and I know is not your intention. Increasing parking
violation fees will also permit adding a "meter monitor" around the
clock to monitor permit parking areas.
ccs: The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ernie Lehman
Larry Baker
Karen Kubby
Dee Norton
Dean Thomberry
The Honorable Dee Vanderhoff
Mr. Stephen J. Arkins
Dear Government Leader,
There is no positive point-of-view to the grievous death of
Eric Shaw. It is only t£agedy all around. The best we may
hope to do is to assure that nothing like it ever happens again.
To this end the city council should take steps toward two actions
which may substantively protect citizens and police officers
in future: 1) criminal charges should be brought against the
officers involved, and 2) Police Chief Winklehake should be
dismissed and replaced by a chief who emphasizes prudent
procedure in the execution of law enforcement duties.
Winklehake should be removed: The exercise of prudence by a
police force is a basic essential. And the force-wide practice
of prudence is the responsibility of the force's chief.
Gillespie's, Kelsey's and Zacharias' immediate use of vastly
unjustified force in circumstances where other options were
obviously available and indicated was catastrophic. The grounds
for suspecting burglary, while present, were ambiguous and
inconclusive. A window was present to survey the interior
activities. The door was ajar, and Eric Shaw's voice could
have been listened to. Phone calls could have been made. We
can understand the 'innocent intent' of the officers involved
with all profound human compassion. But what happened was,
sherely on the grounds that 'something appeared unusual', police
drew their guns and shot an innocent man who had every right
to be where he was, when he was, doing what he was doing, and
this starkly reflects the omission of cautionary prudence as
a dictum guiding this police force. And the officers suffered
from it, and Eric Shaw and his family and the Iowa City business
community and the whole community suffer heartbreakingly from
it. The lives of officers and innocent citizens alike are
jeopardized when a police force is not disciplined to prudence.
Winklehake is not the man who should be in charge of a department
of law enforcement.
The officers involved should face criminal charges. Any wrongful
death requires strong societal response. When the officers
drew their guns and moved to enter the building and directly
confront the person inside, the possibility of highest 'risk
of harm to another' was blatantly present and clear. The
officers' immediate use of force and failure to use other
available means to first asses the nature of the situation is
outrageous, heart-breaking recklessness. To leave such behavior
unchallenged by very strong legal responses opens the door to
frightening vistas of police abuse having far more extensive
ramifications than attorney White's example of medical
malpractice. The city council and leaders of the city
government, whose responsibility is to oversee the wellbeing
of citizens and the effectiveness of city law enforcement, need
to move immediately to appropriately appeal and overturn Attorney
White's decision not to prosecute the officers involved. This
is necessary for checks and balances in a very powerful city
department whose members CANNOT be allowed to misuse and exploit
their powers to the point of murder of innocents with the only
consequence being the loss of their job. This is not an issue
of anger or vengence, but of checks and balances. It has to
be part of the system.
Although bringing criminal charges against the officers and
dismissing the city's chief of police are tremendously sorrowful
actions in everyone's heart, sadness added to sadness,
never-the-less they are prudent and necessary to constructively
address a real and grave problem that has been revealed in the
Iowa City police department.
Date: Thu, 10 Oct 1996 11:37:33 -0600
From: Benn Dunnington <bdunning@ccad.uiowa.edu>
To: "L. Baker" <bakerl@blue.weeg.uiowa.edu>
Cc: kkubby@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu,
Mkarr@blue.weeg.uiowa.edu
Subject: Re: Shooting Issues Unresolved
>Benn,
>
>I understand your concern about some of the apparent voids in information
>available to the public and the Council. As you know, the ICPD internal
>report will be available soon and will be almost completely unexpurgated.
>Those parts withheld are not really a matter of subjective interpretation
>by the City. The City Attorney should have a fairly rigid guideline about
>what we cannot legally release. So, the City's version of events, as it
>was compiled, will be overwhelmingly open to the public.
>The DCI report is more troubling. I, too, and I suspect all the other
>councilmembers, will be asking to a clearer explanation about what, and
>why, something was withheld. I have been told that the DCI is not known
>for being overly cooperative.
>I urge you to get the sulmmary of the ICPD internal review now available.
>Read the interview between White and Gillaspie. I hope it will show you
>what it showed me---a horrible mistake, but not malevolent or
>predictable.
>Please keep me informed if you think anything speific needs to be
>addressed in the future. ,o
>Thanks .... ~
>LB _. o "
Larry;
Thanks for your thoughtful response.
I too personally believe that this was a horrible and non-malevolent
mistake, but it may still qualify as a crime under the law. I feel that
the courts are the proper place to determine this, especially since neither
you nor I have access to all the facts.
Regarding the City Attorney's rigid guidelines: I'm sorry if I sound
cynical but who is checking the City Attorney's adherence to these
guidelines? This goes directly back to the trust issue. In light of the
City Attorney's overly (in my opinion) defensive posture and actions
following the shooting, I am not inclined to trust her interpretations
(especially if she encountered items in "grey" areas which might reflect
poorly upon various officials).
As far as I can tell, there is only one sure cure for broken trust, and
that is 100% openness and disclosure. I would propose that an independent
committee (perhaps comprised of a local lawyer, doctor, factory worker,
homemaker, business owner, social worker, and a member of the clergy) be
appointed to review both investigations in their entirety and confirm that
nothing important has been omitted. So far, all investigating, reporting,
reviewing and summarizing has been done exclusively by government officials
at various levels. This situation of "The Government" telling "The People"
what they need to know seems fundamentally problematic in a would-be
democracy.
Please understand- I am not interested in punishing Mr. Gillaspie (although
I think he should be permanently prohibited from owning or using handguns
as he is presumably still free to do), nor do I believe that anybody can
"pay" for what has happened. My concern here is with the future health of
our community and setting this matter properly to rest, as well as
examining -all- the facts so that we can make informed decisions about
future policies, procedures, and the people involved.
Sincerely, -Benn Dunnington
ps- Do you know if the ICPD summary is available on-line?
can one obtain a hard-copy?
10/10/96 Iowa City, Iowa
If not, where
Benn Dunnington/Media Coordinator
Center for Computer Aided Design
The University of Iowa
316 IATL/Iowa City, IA 52242-1000
bdunning@ccad.uiowa.edu
(319) 335-2481 (fax: 335-3380)
http://www.ccad.uiowa.edu/
http://www.ccad.uiowa.edu/~bdunning/
IOWA
LEAGUE
°t: CITIES
October 1996
TO:
FROM:
SUBJECT:
City Officials
Thomas G. Bredeweg, Executive Director
1997 Legislative Objectives
Enclosed you will find the 1997 Legislative Objectives for the Iowa League of Cities. These objectives
were ratified unanimously by the membership at the annual business meeting in Cedar Rapids last month.
This year's objectives include property tax reform, opposition to the so-called Taxpayers' Rights
Amendment and reform of the law enforcement training program in Iowa, as well as seven other League
priorities. City officials are encouraged to study each objective and determine the impact it will have on
their communities. We urge city officials to contact legislators and legislative candidates now to
describe these objectives and begin educating lawmakers about the effect of each issue.
Also included is the following general statement of principles that will guide the League's broader
legislative policy:
The Iowa League of Cities strongly supports the concept and practice of
municipal Home Rule and will work to protect the ability of cities to
efficiently and effectively provide services as directed by citizens. The
League adamantly opposes any statutory or constitutional measures that
erode the ability of municipal constituents to govern themselves, especially
state or federal mandates that impose financial commitments on cities
without full reimbursement.
If you have any questions regarding any of these objectives, please contact the League office at
(515) 2~,n. 7282.
DDS:gb
Enclosure
317 SIXTH AVENUE o SUITE 14OO o DES MOINES, IOWA 50309-4122 o (515) 244-7282 o FAX ($15) 24,,1-O740
~homas G
IOWA
LEAGUE
of CITIES
1997
Legislative
bjectives
10.
1997 Legislative Objectives
Pursue legislation to simplify Iowa's property tax system to provide equitable treatment to alJ
classes of pmper~y owners and to create a predictable, stable tax base that is prelected from
erosion beyond local control. Pursue legislation to eliminate or modify the $8.10151,000 general
fund limit.
Oppose passage of the Sumley Amendment, or so-called Taxpayers' Rights Amendment, to the
Iowa Constitution.
Pursue legislation to empower and encourage the Iowa Law Enforcement Academy to provide
law enforcement training alternatives that increase the availability of qualified officers at
reduced costs to taxpayers.
Pursue legislation to allow cities the option to test city police, fire and emergency medical
employees for drug and alcohol use consistent with federal standards.
Pursue legislation to study how Iowa's juvenile justice system affects the ability of cities to
enforce laws.
Pursue legislation to clarify the compliance process for and goals of solid waste reduction laws.
Pursue legislation to require the state Alcoholic Beverages Commission to strongly consider city
decisions that revoke or deny liquor licenses.
Oppose legislation that limits city management of rights of way or restricts city authority to
charge user fees and franchise taxes for the use of public facilities.
OppOse takings or inverse condemnation legislation that requires governmental agencies to
provide additional compensation to property owners for govemmemal actions that restrict the
use of property or diminish its nru~rket value.
Pursue legislation to modify Iowa Civil Service laws to eliminate current inefficiencies.
LEAGUE
_of CITIES
1997
Fact Sheets
Simplify Iowa's property tax system
Objective: Pursue legislation to simplify Iowa's property tax system to
provide equitable treatment to all classes of property owners and to
create a predictable, stable tax base that is protected from erosion beyond
local control. Pursue elimination or modification of the $8.10151,000
general fund limit.
For cities in Iowa, sound fiscal policy depends on a steady, predictable stream of revenue from which
necessary services can be funded. For generations, property tax has provided this revenue. In more
recent years, however, Iowa's system for levying and collecting property tax has become over
complicated and cumbersome. Layer upon layer of artificial controls have made the system nearly
incomprehensible. Mechanisms like the residential rollback and state tax credits. originally promoted as
property tax relief measures, erode the local tax base and actually end up increasing the tax rate.
Without these artificial and mismanaged controls, property taxes are among the most equitable and
affordable way for citizens to fund the services they desire. Sales and income taxes are far less stable,
and user fees would have to be astronomical to completely cover the costs of quality of life enhancements
such parks and swimming pools.
To combat rite problems Iowa's current property tax system creates for cities, the Iowa League of Cities
recommends the following actions:
1)
Allow cities the flexibility necessary to develop a more diverse revenue base to reduce their
relial;ce on property taxes. In particular, allowing cities to implement a local option income tax
and giving them greater latitude in local option sales tax requirements would help citizens find
the best mix of revenue sources to fund the services they desire for their community.
2)
Uncouple residential and agricultural property values for the purposes of detertinning taxable
value. Because agricultural property values are determined by a productivity formula and
residential values by market value, the coupling artificially suppresses residential values
depending on the agricultural economy. Removing this inappropriate mechm-.io-m will not cause
residential taxable values to skyrocket because state law prohibits taxable values to grow more
than 4 percent annually. When residential property values statewide grow more than 4 percent,
the percentage of residential value taxed will still decline. However, if coupling is not removed,
the local property tax base will continue to erode, forcing business owners to continue to pay a
disproportionate shar~ of property taxes.
3)
Require the state to fully fund any property tax credits it ~ants. When the state grants a property
tax credit and do~s not fulfill its obligation for reimbursement, local governments are forced to
increase levy rates to make up for the shortfall. In the end, taxpayers wind up subsidizing their
own or their neighbors' tax credits through increased tax rates.
4)
Tighten the definition of tax-exempt property. To qualify for tax-exempt status, an organization
should be required to disclose its financial records and provide tangible evidence of the
contribution it makes to the community. Refocusing the definition of tax-exempt property will
relieve citizens and businesses from subsidizing entities that receive broad exemptions for narrow
contributions.
Stop the Stanley Amendment
Objective: Oppose passage of the Stanley Amendment, or so-called
Taxpayers' Rights Amendment, to the Iowa Constitution.
The Stanley Amendment is tou(ed as providing certain rights to the taxpayers of Iowa. In reality, the
proposed amendment will replace representative government with guvemment by formula, which will
substantially limit the fight of taxpayers to determine how they wish to be governed.
In addition to philosophical flaws, the amendment contains several provisions that require governments
to operate in a manner contrary to good management principles. For example, under the amendment,
government will not .be provided the tools to manage proper financial reserves in a way that would
maintain good credit ratings. As a result, bond interest costs will be driven up.
The ambiguity and inconsistency of the language contained in the amendment would require substantial
court interpretation. Other provisions would subject any government action to litigation by anyone in the
state. The only fight this would provide taxpayers is the fight to pay huge legal fees.
An amendment that proposes a formula as a singular solution to a complex set of issues is a simplistic
approach that is destined to fail. The Iowa League of Cities suggests that all levels of government in the
state stork together to resolve problems, real or perceived, rather than abdicating that responsibility to a
formula. The League further suggests that all levels of government strive to eliminate inefficiency of any
magnitude, rather than excusing waste because it is within certain parameters. City officials believe that
is what government officials are elected to do under Home Rule.
2
Law enforcement training alternatives
Objective: Pursue legislation to empower and encourage the iowa Law
Enforcement Academy to provide law enforcement training alternatives
that increase the availability of qualified officers at reduced costs to
taxpayers.
Since 1968, the Iowa Law Enforcement Academy 0LEA) has provided excellent training for the law
enforcement officers who serve the citizens of Iowa. However, the limited capacit7 of this single-site
system can no longer keep pace with the increasing demand for certified officers. Alternative law
enforcement training approaches that would lower costs to taxpayers and increase access to training
without sacrificing quality are available.
The fixed physical capacity of the ILEA site does not always allow law enforcement agencies to get new
recruits trained in a timely manner. Such delays leave communities understaffed or using uncertified
officers until recruits can attend the academy. Already overloaded, the ILEA has not been encouraged to
develop additional advanced training for law enforcement officers.
Reducing the reliance on a single site could relieve this backlog of officers waiting to receive training and
enhance the ability of the ILEA to deliver advanced training, as well as encourage identification of
innovative law enforcement practices and explore the use of technology in law enforcement training. The
ILEA could maintain its high standards of quality by certifying instructors and curriculum of other
potential training sources and by conducting standardized testing of potential officers.
Tbe availability of multiple ~aining sites could also reduce the costs to taxpayers. Under the current
system, the average cost of training an officer is $15,000, including travel expenses and salary paid
during the training period. Such costs place financial hardship on all cities, but especially small ones.
An alternative system that used multiple training sites, such as setting up pre-employment course work at
community colleges, could cut travel expenses and make potential employees bear some of their own
training costs. Virtually all other public sector employers require potential employees to secure entry-
level training at their own expense.
Allow cities to test public safety employees for drug and alcohol use
Objective: Pursue legislation to allow cities the option to test city
police, fire and emergency medical employees for drag and alcohol use
consistent with federal standards.
Cities depend on public safety employees to provide services critical to the well being of residents. The
public needs to have absolute confidence that the employees responding to a call for help are able to
function at their peak capacity and a~ not inhibited by drug or alcohol use. City officials are concerned
about drug and alcohol abuse not only because it weakeros public trust, but because:
1)
An employee .impaired by drugs or alcohol constitutes a danger to the public, other employees
and themselves, making the safety of others a priority over individual privacy.
2)
Impaired employees represent an incalculable liability risk. There are a number of examples of
impaired employees causing accidents that ultimately cost taxpayers millions of dollars in
damages and court costs. This was a primary reason why Congress enacted drug and alcohol
testing laws for transportation employees.
3)
When public employees lose work time due to injury or illness caused by impairment, tax dollars
are wasted. Impaired employees also increase the risk of accidents that destroy government
property.
By only allowihg employers to test employees for drugs and alcohol use under limited conditions, the
current state law does not let cities adequately prevent employee impairment.
Federal law allows random testing to prevent impairment, but dictates that cities test only certain classes
of transportation employees. The situation does not recognize the other classes of employees that create a
hazard to the public when they perform their duties under the influence of drugs or alcohol.
4
Study Iowa's juvenile justice system
Objective: Pursue legislation to study how Iowa's juvenile justice
system affects the ability of cities to enforce laws.
The Iowa League of Cities requests that the 1997 General Assembly allocate time, resources and
personnel to conduct an in-depth study of Iowa's juvenile .justice system. As crime statistics indicate an
increasing ~nd toward crime perpetrated by youth, Iowa must examine the structure of current law and
innovations that will make us better prepared to handle this problem in the future.
Because this problem encompasses' so many elements of society, it is important that input be sought from
a large, diverse group of individuals who play varied roles in the juvenile justice system. State justice
officials, policy-makers, local government officials, local law enforcement officers, school officials,
intervention agencies and citizens should be included to offer their unique perspectives. As policy issues
are discussed. each group can benefit from seeing how policies affect the other groups and gain new
insights as to what may constitute a workable solution.
The Iowa League of Cities suggests that the study pay particular attention to following issues:
1) Cooperative efforts between local government and schools.
2) The role of parental responsibility in deterring juvenile crime.
3) The authority of local governing bodies in deterring juvenile crime.
4) The impact of prevention and intervention measures in deterring juvenile crime.
5) The impact of reduced federal or state resources in deterring juvenile crime.
By addressing these issues, Iowa should be able to develop a blueprint to combat this trend into the 21st
century.
5
Clarify solid waste reduction laws
Objective: Pur~ue legislation to clarify the compliance process for and
goals of solid waste reduction laws.
The goal of the Iowa Solid Wa~te Reduction Act of 1988 was to reduce the amount of solid waste going
into landfills. The goal h~s since evolved into a mandate with specific compliance requirements and a
seemingly arbitrary methodology of calculating reduction goals.
While city officials are supportive of reducing solid w~ste in landfills; the increased costs associated with
certain compliance requirements merit renewed cost-benefit analyses. In some instances, it is less
expensive to pay penalties than to attempt to comply with the goals.
To retain the intent of the law, the League advocates reducing reliance on waste-abatement tables ,as a
means to determine compliance and calls for the establishment of local performance standards to meet
state waste reduction goals. The League further advocates legislation to enable regional entities to
provide incentives to individual cities that meet reduction goals by waiving the current tonnage penalties.
6
Consider city decisions in liquorlicensing
Objective: Pursue legislation to require the state Alcoholic Beverages
Commission to strongly consider city decisions that r=voke or deny
liquor licenses.
Code oflowa Section 123.32 makes city councils responsible for approving or disapproving the issuance
of liquor control licenses. Such decisions am now bas=d upon whether the license applicant meets the
qualifications of good moral character as defined by the Code. This authority was granted to cities to
r=duce or eliminate irresponsible operation of establishments rolling alcoholic b~vetages in the
community.
The decisions of the city councils are subject to review by the state Alcoholic Beverages Commission
using the narrow definition of good moral character. If a license is denied, such a decision can be
appealed by the applicant and overturned by the commission. City officials ate concerned that the
current system has resulted in the issuing of licenses to establishments that have a history of violating
alcohol beverage laws or that attract criminal activity.
To preserve the intent of the law, city officials seek to have the Alcoholic Beverages Commission be
required to consider an establishment's history of liquor law violations and pattern of criminal activities
associated with the premises. City officials also seek support to prosecute chronic violators to the fullest
extent. Currently the attontey general's office provides only one person to prosecute or assist in the
prosecution of violators.
Protect city management of public rights of way
Objective: Oppose legislation that limits city management of rights of
way or restricts city authority to charge user fees and franchise taxes for
the use of public facilities.
Iowa taxpayers have purchased and maintained rights of way for public purposes like streets and publicly
owned utilities in their communities. To reduce costs and encourage orderly development, private utility
companies also have been allowed to use the public rights of way for telephone and cable operations.
Many cities charge fees and impose franchise taxes on these private, for-profit companies to recover
purchase, management and maintenance costs. These fees are, in essence, rent paid by companies to
taxpayers for the use of public property, and are much less than the costs companies would pay to acquire
and maintain private rights of way.
The need to establish and maintain public rights of way is essential to public safety and welfare. Rights
of way allow people, goods and communications to move within our society, which is essential to
economic and public activity. Government has traditionally exercised police power to protect and
nurture this critical asset. Eroding the public ability to protect rights of way threatens public safety and
economic well being.
The federal Telecommunications Act of 1996 upholds local authority to manage these public rights of
way. The law, clearly allows cities to charge fees to recover expenses and to manage such public
properties. However, in lieu of a favorable federal response, telecommunications providers now seek
action at the state level to circumvent taxpayer authority to manage rights of way through their local
government.
If for-profit companies are allowed to use publicly owned rights of way free of charge, taxpayers will be
subsidizing private companies, many of which generate considerable profits that are funneled outside the
community. This precedent could jeopardize the ability of cities to recover costs for private use of other
public resources, which will increase the cost of government. More importantly, reducing the public
control over rights of way reduces the ability of government to assure its citizens of a safe and vibrant
community.
8
Prevent additional compensation for property takings
Objective: Oppose talcings or inverse condemnation legislation that
requires governmental agencies to provide additional compensation to
' property owners for governmental actions that resu'ict the use of property
or diminish its market value.
Recent federal and state proposals advocate the concept of inverse condemnation or talcings, which seeks to
require government to further compensate property owners for governmental actions that results in a 50
percent or more reduction in the properry's fair market value. The Iowa League of Cities opposes this
concept for the following reasons:
1)
The 5th and 14th amendments to the U.S. Constitution provide for fai~: compensation for takings of
property by public entities.
2)
Talcings legislation would significantly increase the costs of enforcing local zoning and health and
safety laws that protect community welfare and maintain the value of properr/For all property
owners. The increase in costs could be of such a magnitude to have the effect of invalidating those
laws.
3)
If passed, takings legislation would severely restrict the ability of state agencies to develop rules
that benefit all Iowans, parucularly in the area of environmental protection.
Rather than m'a.VAng regulations costs prohibitive to enforce, the League advocates review and modification
of regulations to achieve the maximum public benefit with the least amount of negative impact to regulated
property owners.
Modify Iowa Civil Service Jaws
Objective: Pursue legislation to modify Iow~ Civil Service laws to
eliminute current inefficiencies.
Iowa Civil Service laws under Code of lows Chapter 400 were enacted more than 50 years ago to
eliminate and prevent favoritism in hiring and promotions in city government. Since that original
enactment, stat~ and federal employment laws, collective bargaining ~nd personnel practices in the cities
have evolved to provide many of the same protections as Chapter 400.
Due to this duplication, it has been proposed that Iowa Civil Service laws be eliminated completely. The
Iowa League of Cities, however, advocates changing the current law in the following manner:
1)
Modify the arbitrary limits placed on number of persons that can be placed on the hiring and
promotional list used in the selection process. Also increase the time Civil Service Commissions
have to certify the list of qualifters to allow adequate time for background checks.
2)
Remove barriers in the law that prevent cities from making the most efficient use of manpower,
such as requiring a city to get an employee's permission to transfer the employee to another
depa~ment.
3) Shorten terms for commissioner~ to four years from six in order to attract more applicants.
I0
LOCAL OPTION SALES TAX
"A Tax that is an Investment in our Quality of Life"
On November 4, 1986, the c~tizens of Ames approved a Local Option Tax of 1% to be used
60% for property tax relief and 40% for commu]nty benennent. Sixty percent offids tax will
generate $2,074,483 m 1 996/97 which lowers the total tax level from $12.20 to $10.22.
Therefore, if you own a home, you save approximately $2 for ever)' $1,000 of its taxable
assessed valuation. The other 40%, or approximately $1,383,000, x~411 be used for
community betterment whi ch pan/ally funds Human Services (ASSETT), Community Arts,
and numerous City public improvements which are administered through several City
departments -- Parks and Recreation, the Library, and Public Works.
As an exmnple, of the $1,383,000 the Parks and Recreation Deparnnent receives
approximately $250,000 annually to e]thance our community as the following pictures
highlight.
I
,I
EAST RIIrER VALLEY PARK
150' Pedegrian Bridge -- $85,000
MOORE MEMORL41. PARK
Con~9'ucted a large, wood pla)74rotmd slructure
125,000
,. ... . ....
....... ~ ....
Govern.or. warns .against quick passage
of homicide law in accident aftermath
By Rod Boshart He also was asked about a
GazeRe Des Moines Bureau suggestion by University of Iowa SHAW RALLY
DES MOINES -- Gov. Terry law Professor David Baldus that
Branstad cautioned Tuesday Iowa lawmakers might consider
against a "rush to judgment" to
amend Iowa's criminal man-
slaughter law in the emotional
aftermath of a tragic incident in
which an Iowa City police offi-
cer shot and killed Eric Shaw.
The governor' said he is will-
ing to consider negligent man-
slaughter or similar laws adopt-
ed in other states to address
,-ircumstances where a person
causing a death should have
acted differently.
However, he expressed con-
cern over making changes to
criminalize additional activities
that might produce "unintended
consequences" in future cases
involving deaths that are acci-
dental or caused by special cir-
cuIllstances.
"I thinh it's important for us
not to overreact." Branstad said.
"I think it's appropriate to
review what la~vs they have in
other states, but I thinh we need
to recognize that each situation
depends on the factual circum-
stances there, and we've got to
be careful about making a law
just because of one particular
situation where the county at-
torney doesn't feel there's ade-
quate evidence to prosecute." he
said.
The governor made his com-
ments during a KCRG radio
call.in show and a separate in-
terview Tuesday.
BRANSTAD WAS asked
about an Aug. 30 incident in
which former pohce officer Jef-
frey Gillaspie killed Shaw, 31,
while investigating a possible
late-night burglary at Shaw's
studio.
creating a negligent homicide
law like those in some other
states.
Last week, Johnson County
Attorney J. Patrick White an.
nounced he would not charge
Gillaspie with a crime because
none of the five options avail-
able under Iowa criminal law fit
the circumstances of the fatal
shooting.
The outcome angered Shaw
family members and touched off
some protestS by outraged resi-
dents.
Branstad expressed his sympa-
thy to Shaw's family and other
~'ieving members of the Iowa
City community but cautioned
against using the fatal shooting
as a basis for carving out a new
criminal standard without care*
ful consideration.
'Tin not going to rush in and
say, 'Yes, we can put a new
crime category in the Iowa
code.' I want to look at it and
review what indeed are the laws
in other states," the governor
said.
"I know there's a feeling
among many people that they'd
like to do something. There's
nothing you can do that can
bring that life back. My concern
is that in a very dispassionate
way we review the situation
before we decide what to do," he
said.
'Tin a big believer in doing
what we can to protect haman
life, but I also respect and recog-
nize that sometimes tragic mis-
M A pul:)hc rally will be held
at 5:15 p.m. Thursday at the
Pedesthan Mall in Iowa City to
prores, the process that
resu~eO m a determination that
no criminal charges will be filed
against Jeffrey G~llasp~e. the
former iowa C~ty pohce officer
who shot and killed Eric Shaw.
The Intemational Socmhst
Orgamzation (ISO). which is
sPonsonng the rally. questions
why Johnson County Attorney J.
Patrick White. who necessamy
has a close relationship w~h
the Pohce Department. should
be the one responsible for
making the Oetermmabon.
'me iSO thinks a ju~ should
decide if cha~es are justifieO.
takes can occur that are not
anybody's fault," Branstad said
during the radio show.
"Even if you have a different
crime category, you stKl have to
prove beyond a reasonable
doubt the crime, and usually in
criminal matters intent is an
important alement in that. So
it's a very difficult thing from a
criminal perspective."
ORDINANCE AN
TO CHANGE DIS
WHEREAS* Karen J a
A PARCEL LOCATED AT
IN THE [,E SW AND THE S
TION 14-83-5. LINN CO
APPNOX 271 ACRES
· New Purchases
· 1st & 2nd Mortgages
Competitive interest rates
· Refinance your contract at
low bank rates
FAST CASH
HOME EQUITY LOANS
Bad Credit?
If you've had a bankruptcy, collections. or have
been declined credit.
· Home Improvement
· College Education
· Consohdate Credit {
· Vacations
5000 ItEARTHSIDE
LENDING CORPORATION
378-458D/1o888-731 -$3§3
(to,! .--) :
-.....,,, ......... ........ ............. ...... ,
MICROFILMED
BY
ES-
INFORMATION TECHNOLOGIES
R
TAK
Governor warns against quick passage
of homicide law in accident aftermath
By Rod Boshart
Gazette Des Moines Bureau
DIgS MOINES -- Coy. Terry
Branstad cautioned Tuesday
against a "rush to judgment" to
amend Iowa's criminal man.
slaughter law in the emotional
aftermath of a tragic incident in
which an Iowa City police offi*
cer shot and killed Eric Shaw.
The governor' said he is will.
ing to consider negligent man.
slaughter or similar laws adopt-
ed in other states to address
,-h'cumstances where a person
causing a death shou2d have
acted differently.
However, he expressed con-
cern over making changes to
criminalize additional activities
that might produce "unintended
consequences" in future cases
involving deaths that are acci-
dental or caused by special cir-
cuInstances.
"I think it's important for us
not to overreact," Branstad said.
"] think it's appropriate to
review what laws they have in
other states. but I think we need
to recognize that each situation
depends on the factual circum-
stances there, and we've got to
be careful about making a law
just because of one particular
situation where the county at*
torney doesn't feel there's ade-
quate evidence to prosecute." he
said.
The governor made his com-
ments during a KCRG radio
call.in show and a separate in-
terview Tuesday.
He also was asked about a
suggestion by University of Iowa
law Professor David Baldus that
Iowa lawmakers might consider
creating a negligent homicide
law like those in some other
states.
Last week, Johnson County
Attorney J. Patrick White an-
nounced he would not charge
Gillaspie with a crime because
none of the five options avail-
able under Iowa criminal law fit
the circumstances of the fatal
shooting.
The outcome angered Shaw
family members and touched off
some protests by outraged resi-
dents.
Branstad expressed ins sympa.
thy to Shaw's family and other
grieving members of the Iowa
City community but cautioned
against using the fatal shooting
as a basis for carving out a new
criminal standard without care-
ful consideration.
"I'm not going to rush in and
say. 'Yes, we can put a new
crime category in the Iowa
code.' 1 want to look at it and
review what indeed are the laws
in other states," the governor
said.
"I know there's a feeling
among many people that they'd
like to do something. There's
SHAW' RALLY
I A pubhC rally will be held
at 5:15 p.m. Thursday at the
Pedestrian Mall m iowa C~ty to
protee' the process that
resulted in a determmabon that
no criminal charges wdl be flied
against Jeffrey Gdlasp~e. the
former Iowa City police officer
who snot ano kdled Eric Shaw.
The International Soc=ahat
Organization (ISO), which ~s
sponsonng the rally. quashone
why Johnson County Attorney J.
Patrick Whrte, who necessarily
has a close relationship with
the Pol,ce Department, should
be the one responsible for
making the determ~nahon.
The ISO thinks a jury should
decide ff char~es a:e juatified.
takes can occur that are riot
anybody's fault." Branstad said
during the radio show.
"Even ff you have a different
crime category, you still have to
prove beyond a reasonable
doubt the crime, and usually in
criminal matters intent is an
important element in that. So
it's a very difficult thing from a
criminal perspective."
nothing you can do that can .
bring that life back. My concern
is that in a very dispassionate
way we review the situation
before we decide what to do," he
said.
"I'm a big believer in doing
what we can to protect human
life, but I also respect and recog.
n/ze that sometimes tragic mis.
BRANSTAD WAS asked
about an Aug. 30 incident in
which former police officer Jef-
frey GLUaspie killed Shaw, 31,
while investigating a possible
late-night burglary at Shaw's
studio.
C
ORDINANCE AN
TO CHANGE DtS
FAST CASH
HOME EQUITY LOANS
Bad Credit?
If you've had a bankruptcy, collections. or h~
bean declined credit.
· New Pumhasas
· let & 2nd Mortgages
Compotdive interest rates
· Refinance your contract at
low bank rates
· Home Improveme
· College Educat~or
· Consolidate Grad
· Vacations
CALL TODAY FOR A FREE CONSULT/
]{EARTHSIDE
LEIN. DING COR[ORATION
378 458011-888 731-5363
IOWA *t)
Don Schr, Chairperson
Joe Bolkcom
Charles D. Dufi~
Stephen P. La¢ina
Sally Stutsman
BOARD OF SUPERVISORS
October 10, 1996
FORMAL MEETING
1. Call to order 9:00 a.m.
Agenda
2. Action re: claims
3. Action re: formal minutes of October 3rd.
4. Action re: payroll authorizations
5. Business from the County Auditor.
a) Action m: l~Jmits
b) Action re: reports
c) Other
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350
TEL: (319) 356-6000
FAX:(319)
Agenda 10-10-96
Page 2
9:00 a.m. - Public Hearing on Zoning applications, Zoning Ordinance
and Platting applications:
a) First and Second consideration of the following Zoning
applications:
Application Z9445 of Albert and Shirley Westcott, Iowa City,
requesting rezoning of 38.22 acres fxom A I Rural to RS3 Suburban
Residential of certain property described as being in the NW 1/4 of
the NW 1/4 of Section 26; Township 80 North; Range 6 West of
the 5th P.M. in Johnson County, Iowa (This property is located on
the west side of Prairie Du Chien Road NE, approximately 1/4 of a
mile north of its intersection with Newport Road NE in Newport
Application Z9618 of Joe & Karen Stefrens, Swisher, requesting
rezoning of 2 - 1.99 acres from A1 Rural to RS Suburban
Residential of certain properly described as being in the NW 1/4 of
Section 17; Township 81 North; Range 7 West of the 5th P.M. in
Johnson County, Iowa (This property is located on the east side of
Cou Falls Road NW, approximately 1.0 mile south of Swisher,
Iowa in Jefferson Twp.).
Application Z9637 of Thomas Dupler, Cedar Rapids, signed by
Jeff Carlson, Solon, requesting rezoning of 4.03 acres fi'om A2
Resort to CP2 Planned Commercial of certain property described
as Lunker Land being in the NW 1/4 of Section 9: Township 81
North; Range 7 West of the 5th P.M. in Johnson County, Iowa
0tds property is located on the east side of Highway 965 NW,
approximately 3/4 of a mile north of 140th Street NW on the south
side of Lunker Land in Jefferson Twp.).
Agenda 10-10-96
Page
b) First and Second consideration of the following Zoning Ordinance:
An amendment to the Johnson County Zoning Ordinance by
deleting 8:1.22:X 2.(d., and adding a new 8:1.22:X 2.(d. [At no
time shall approval be granted to developments which include lots
containing less than 50 percent of the lot area required, unless such
a development is in an RS-3, RS-5, or RS-10 District.
Developments in an RS-3, RS-5, or RS-10 District may include
lots containing less than 50 percent of the required lot area, but not
less than one (1) acre, provided that such developments utilize a
"public water system," as defined by Chapter 455B. 171 (17), Iowa
Code (1995). All systems are to be considered public water
systems, but when a development has less than fifteen (15) service
connections or regularly serves less than twenty-five (25)
individuals, permitting and monitoring will be in accordance with
requirements prescribed by the Johnson County Board of Health.
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8:1.9B RS-5 Suburban Residential
District. Permitted Uses: The use of premises in the RS-5
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Pr~u~ises in the RS-5 District shall be restricted to those
accessory uses perurifted in article 8:1.20.
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8.1.9C RS-10 Suburban Residential
District. P~smitted Uses: The use of premises in the RS-10
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Premises in the RS-10 Disb-ict shall be restricted to those
accessory uses perufitted in article 8:1.20.
An amendment to the Johnson County Zoning OrdinaRc~ by
adding to chapter 8:1.25 Area regulations. a new hneiERS-5~00 5
acres 5 acres* *
Agenda 10-10-96
Page 4
An amendment to the Johnson County Zoning Ordinance by
adding to chapter 8:1.25 Area Regulations. a new line, RS-10 100
10 acres 10 acres * *
Discussion/action re: the following Platting applications:
Application S9625 of Joe and Karen Steffens, signed by Karen
Steffem, requesting pre 'hmimry and final plat approval of Deer
View Subdivision, a subdivision described as being located in the
NE 1/4 of the NW 1/4 of Section 17; Township 81 North; Range
7 West of the 5th P.M. in Johnson County, Iowa (l'his is a 3-1or,
14.42 acres, 1-lot farmstead split and 24ot residential subdivision,
located on the east side of Cou Falls Road NW, approximately 1.0
mile south of Swisher, Iowa in Jefferson Twp.).
Application S9647 of Steve Michel requesting preliminary and
final plat approval of Michel Subdivision, a subdivision described
as being located in the South 1/2 of Section 3; Township 78 North;
Range 8 West of the 5th P.M in Johnson County, Iowa (This is a
3-1or residential with 1-cernete~3t lot, 39.83 acre, subdivision,
located on the east side of Derby Avenue SW, just south of Derby
Avenue SW and 470th Street SW intersection in Washington
Application S9655 of Anne Strittmatter, executor of Rita Strabala
Estate, requesting pre 'hminary and final plat approval of Slxabala
First Subdivision, a subdivision located in the NW 1/4 of the SW
1/4 of Section 34; Township 78 North; Range 6 West of the 5th
P.M. in Johnson County, Iowa (This is a 1-lot, 1.69 acre,
farmstead split, located on the west side of Harry's Road SE,
approximately 1/4 of a mile south of Oak Crest Hill Road SE and
Harry's Road SE intersection in Liberty Twp.).
Agenda 10-10-96 Page 5
4. Application S9656 of John Roeltin requesting preliminary and final
plat approval of Joanne J. Roeflin's Subdivision, a subdivision
located in the SW 1/4 of Section 21; Township 78 North; Range 7
West of the 5th P.M. in .Johnson County, Iowa (This is a l-lot,
3.46 acre, residential subdivision, located on the east side of
Sharon Center Road SW at the intersection of 530th Street SW in
Sharon Twp.).
An application by Ronald and Virginia Stutsman requesting
vacation of Lot A, a portion of the plat of Howe's First Addition, a
subdivision of certain property described as being located in the
South 1/2 of the SW 1/4 of Section 18; Townslfip 78 North; Range
6 West of the 5th P.M. in Johnson County, Iowa (Liberty Twp.).
7. Business from the Assistant Planning and Zoning Administrator.
a) Discussion/action re: the following Platting application:
b)
l. Application S9637 of David Poula requesting preliminary
and final plat approval of North Freedom Subdivision, Part
III, a subdivision described as being located in the NW 1/4
of the NE 1/4 of Section 19; Township 81 North; Range 7
West of the 5th P.M. in Johnson County, Iowa (This is a 5-
lot, 40 acre, residential subdivision, located on the southwest
side of Blain Cemetery Road NW, approximately 3/4 of a
mile south of the Blain Cemetery Road NW and Seneca
Road NW intersection in Jefferson Twp.).
8. Business from the County Attorney.
a)
b) Report re: other items.
Discussion/action m: assignment of scavenger tax cerhfieate #89-S-
193, regarding real estate taxed to Le Chateau Ltd., to the City of
Coralville for $406.00, the total amount of delinquent taxes, pe,nnalty,
interest and costs. ~:- ~,
9. Business from the Board of Supervisors.
To~ IO~ £ITY £I~ F~m~ go Hoge~¥ 10-09-9§ 9~05m p. ? of 8
Agenda 10-10-96 Page 6
a) Motion authorizing Chairperson to sign Grants-To-Counties
Application for FY 98 for Iowa Department of Natural Resources in the
amount of $30,005.00. (This is for selecting wells for testing, plugging
or rehabilitation will be on first-come first-serve basis when requests for
Grants-To.Counties services are received by this dcparhnent from
Johnson County residents.)
b) Action re: appointment to the Region 10 Transit Planning Task Force.
(This appointment will be a consumer for an indifferent length of time.)
c) Discussion/action re: fireworks perafit.
d) Other
10. 5:00 p.m. - Public Hearing on N & N Sanitation:
Application Z9632 of L'louise Bowman, Inage Ku Chiba Shi, Japan,
signed by Nicholas Yutzy, Coralville, Iowa, and John Beasley, Iowa
City, Iowa, requesting rezoning of 12 acres from RS Suburban
Residential to M_2 Heavy Industrial of certain property described as
beIng inthe West 1/2 of the NW 1/4 of Section 35; Township 81 North;
Range 7 West of the 5th P.M. in Johnson County, Iowa (This property
is located on the east side of Iowa Highway 965 NE, approximately 2.0
miles north of North Liberty, Iowa in Madison Twp.).
11. Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquiries fi~om the members of the Board of Supervisom.
c) Report from the County Attorney.
d) Other
12. Recess.
(Dr
13. Reconvene to October 15, 1996 following the Informal meeting.
7o~ ]Oi}, Cli¥ I;LERi F~ot, Jo Bogir~4; 10-09-96 9~OSaa p. 8 of II
Agenda 10-10..96 Page 7
a) Action re: submission of Intermodal Surface Transportation Efficiency
Act projects.
14. Adjournment.
IOWA CITY POLICE DEPARTMENT
4~o ~ST WAS~UN~rON s'n~, IOWA crrv, tow^ ~2240
INTERNAL INVESTIGATION
REPORT'NO. 96-35
INTERNAL AFFAIRS
INVESTIGATION
REGISTER
(I.A.I.R.)
Cilty of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 11, 1996
The Honorable Mayor Naomi J. Novick and Members of the City Council
Linda Newman Woito, City Attorney p i~~,,_,~_~
Public Release of Intemal Investigation Re -t #96-35, Internal Affairs Investiga-
tion Register (lAIR); August 30, 1996 Shooting Incident
On October 8, 1996, I received an "open records" request from the iowa City Press-Citizen.
After reviewing the law and the intemal investigation report in its entirety, I conclude that the
report is a "public record" and may be released to the public, but only after confidential portions
are redacted (edited).
Thus, pursuant to Sections 22.1, .2, and .7, Code of Iowa (1995) and Hawk Eve v. Jackson,
521 N.W. 2d 750 (iowa 1994), I have redacted the confidential portions of the report so as to
conform to Iowa law. This means the attached copy of the document known as the "Internal
Investigation Report #96-35" can now be released as a "public record", see Des Moines School
District v. Des Moines Reclister, 487 N.W.2d 666, 671 (Iowa 1992), [redaction of confidential
portions of d~cument appropriate to permit release as "public record.'3. I am simultaneously
releasing this copy to the media.
Please call if you have questions.
CC:
R. J. W]nkelhake, Police Chief
Steve Atkins, City Manager
Marian Karr, City Clerk
Dale Helling, Assistant City Manager
City Attorney Office Staff Attorneys
Jeff Gillespie, c/o Bruce Walker and John Beasley
Pdnt and news media
INDEX LOCATED AT BACK OF REPORT
SEE #1 7
PERSONNEL ORDER 96-35
TO:
FROM:
RE:
All Personnel - Read at Roll Call
R.J. Winkelhake, Chief of Police
INTERNAL INVESTIGATION
DATE:
September 4, 1996
Lt. Sellers and Lt. Fort have been assigned to conduct an internal investigation
in regard to the shooting.
I.A.I.R. # 96-10
CASE # 96607479 INC.# 96047129
PERSONAL INVOLVED:
ICPD
#43 KELSAY
Written report received
Found the open door
#03 GILLASPIE
***Fired the shot that killed Shaw
%12 ZACHARIAS
Written report received
Present when shot was fired
Being trained by Officer Glllaspie
#94 $GT. JACKSON
Written report received
First Command Officer on the scene
#87 LT. JOHNSON
Written report received
Lt. in charge of the scene
#95 SGT. WYSS
Written report received
#82 SGT. STEFFEN
Written report received
#27 HURD
Written report received
Taped off the scene
#09 PRESTEGARD
Transported Gillespie
#36 LIPPOLD
CST Report received
#50 STEVA
Lakeside Report received.
Lakeside and Transported Zacharias
#05 COX
Guarded Building in the AM
#25 MAURER
Guarded the building in the AM
FIRE PERSONAL:
LT. BOK
Took pictures
In charge of the Firefighters present
NYLE DEEDS
Report received
NATE HOPKINS
ICFD person present at scene.
AMBULANCE PERSONAL:
STEVE SPENLER
Written report received
Stated Subject was dead.
JOHN GRIER (Also a Firefighter for
ICFD)
THOSE WITH INFORMATION:
SHOOTING INSTRUCTORS
#04 Schultz
#10 Duffy
#05 Cox
DCI AGENTS
Doing criminal investigation
DCI LAB
Report on weapon
Linda White
Secretary to the Chief
Training records.
of Police
OTHERS INVOLVED:
DOCUMENT SERVICES
Barb Coffey
Arty. for Officer Gillaspie
Bruce Walker
IOWA CITY POLICE DEPARTMENT
S UPPLEMENTAR Y REPORT
CASE: 607479
INCII)ENT: 96047129
DATE: 08-30-96
TI/VIE: Approx. 2340 Firs
LOCATION: ICPD
On 08-30-96 at approximately 2340 Hrs, ICPD D~patch received a telephone call
from a subject identifying himself as David Butitta. He was calling ~n reference to a
shooflag incident that had taken place at 1132 S. C-~ben. Butitta was csllin§ f~om Des
Moines on a phone card with limited time, so dispatch obtained his number and asked me
to call him back.
Upon talking with Butkta, he stated he was on the phone wR.h his fi'iend, Eric
Shaw, when he heard him say som6hlng like, "What the...", heard a loud noise, and the
phone drop, and then heard officers yelling on the radio for an ambulance and for a
supervisor. He stated he thought he could hear some gasps of breath into the phone.
Butirta stated he was worried b~ause Shaw had b~a in Des Moines earlier in the day and
had broken up with his girlfriend. Butkta stated Shaw was very despondent and that he
was worried about him According to Butitta, Shaw left Des Moines and drove back to
Iowa CRY.
Butkta stated that Shaw called him fxom Iowa CRy and was v~ry upset. Butilla
stated Shaw had called him from Iowa Vending and explained that Shaw's parents owned
the bu.~iness. He stated Shaw claimed he had tried to in'l! hlm~lieby "gass~lg" hlmse]f.
Butitta s~ated he felt Shaw was b~ing sin¢~r~ and that he was s~riously commaplating
suicide. He stated he tallted with Shaw for quite sometime and felt he had talked Shaw
out of suicide and calmed him down when he heard the noises.
I took But~a's information and told him I would inform the investigating officers
about his call. I also told Butitta that an investigator would probably be in touch for a
statement. I assuxed Butitta he would be couta~ted as soon as time allowed by one of the
investigating officers to update him on the skuation.
Paul J. Batcheller
O~cer #20
Iowa City Police Dept.
6074?9 BAT~:t J gR..[CPD I
A
C
D
E
F
G
H
INCIDENT REPORT
Iowa City Fire Department
52003 I 96-002085 I .00 I 08 30 96
TYPE OF SITUATION FOUND
Emergency Medical Call
FIXED PROPERTY USE
Storai;e Property
CORRECT ADDRESS
1130 S GILBERT STREET IOWA CITY. IA
OCCUPANT NAME
DAY OF WEEK ' ALARM TIME I ARRIVAL TIME
Friday 6 23:47:00 23:49:00
TYPE OF ACTION TAKEN
32 Rescue Only
800 [ IGNITION FACTOR
ICO- ITWN IZ'PCOOE
52 52240
OWNER NAME I ADDRESS
METHOD OF AlaRM FROM PUBLIC
Radio
911 USED
E911 I
NFIRS-1
[ ] DELETE
[ ] CHANGE
IIN SERVICE
OO:10:00
MUTUAL AID
2 Rec~ ( ]G;ven A
L
L
ITELEPHONE ROOM/APT NO
ITELEPHONE
4 Medical Emergency 4 01 A 1 1
IPERSONNEL RESPONDED I ENGINES RESPONDED AERIAL APPARATUS OTHER VEHICLES
003 ) 001 000 000
I
CENSUS TRACT N
C
I
D
N
T
INUMBER OF INJURIES
FIRE SERVICE 000 OTHER
NUMBER OF FATALITIES I !
FIRE SERVICE 000 OTHER 000
COMPLEX
K AREA OF FIRE ORIGIN
FORM OF HEAT OF IGNITION
L
M METHOD OF EXTINGUISHMENT
TYPE OF M~TER~AL IGNITED
LEVEL OF FIRE ORIGIN
MOBILE PROPERTY TYPE A
L
EQUIPMENT INVOLVED IN IGNITION L
F
FORM OF MATERIAL IGNITED I
R
ESTIMATED LOSS ESTIMATED VALUE [
NUMBER OF STORIES
N
O EXTENT OF FLAME DAMAGE
p DETECTOR PERFORMANCE
Q IF SMOKE SPREAD
BEYOND ROOM
R OF ORIGIN
TYPE OF MATERIAL GENERATING MOST SMOKE
FORM OF MATERIAL GENERATING MOST SMOKE
CONSTRUCTION TYPE
EXTENT OF SMOKE DAMAGE
SPRINKLER PERFORMANCE
IAVENUE OF SMOKE TRAVEL
S
T
IF MOBILE PROPERTY
YEAR MAKE MODEL
IF EQUIPMENT INVOLVED YEAR MAKE MODEL
IN IGNITION
IX] CHECK IF COMMENTS
OFFICER IN CHARGE (NAME,'POSITION. ASSIGNMENT)
U CHRISTOPHER BOK
MEMBER MAKING REPORT (IF DIFFERENT FROM ABOVE)
CHRISTOPHER BOK
SERIAL NO
SERIAL NO.
LICENSE NO.
DATE
08/31/96
DATE
08131/96
$
T
R
U
C
T
U
R
A I 62003
INCIDENT REPORT
lowat City Fire Department
96,.002086 O0 08 30 96 Ffida'y 6 23:4?:00
NARRATIVE
08/30/96 00:28 CHRISTOPHER BOK
SEE MEDICAL REPORT.
IFDID INCIDENT NO
52003 S6-00208g
RESPONDING UNITS
Iowa City Fire Department
00 08 :!0 $6 Friday 6 23:47:00
01 Iowa City Fire Department
RE$1K3NSE C(:}OE AL.ARM )J~IVAI.
31 Code 3 from Station #1 23:47:00 23:49:00 00:02:00
!
TOTAL, UhTT$: I
IFDID
S2003
RESPONDING PERSONNEL
iowa City Fire Department
g6-00208~ 00 0B 30 96 Friday 6 23:47:00
I STAFF IO
BOK
HOPKINS
DEEDS
BOK, CHRISTOPHER
HOPKINS, NATHAN B
DEEDS, LYLE H
ACTIVITY CODE
M Medical incident
M Medical Incident
M Medical Incident
PAY $¢L
HRS HRS PD
0.50 0.00 0.00
0.50 0.00 0.00
0.50 0.00 0.00
TOTAL PARTICIP.,~ITS: 3
TOTA~ MAN HOURS: 1.50
Iowa City Fire Department
Medical Incident Report
'* CONFIDENTIAL '*
Incident No: 96.002085
Total Ptnta: 001
Response Time: 00:02:00
Auto M/A: 0 None
FDID: 52003
Total Units: 001
Date: 08/30/96
,...~ ,,, ,,,,,-,. 6 Friday
Alarm Time: 23:47:00 Arrival Time:
23:49:00 ALS Arrival: 23:49:00
Called By: 21 Local Police
911 Used: 1 E911
Occup: IOWA57
Addr: 1132 S GILBERT STREET
City: IOWA CITY, IA 52240
Census:
Dist: 01 Iowa City - Central
Co.: 52 Johnson
Twn.:
Type: 59 Other Job Site
Rm:
Dispatcher:
Exper Level: D EMT-Defib
Med Direction: 4 Protocols
Equipt Fall: 00 Not Applicable
Officer Identification
Member Making Report:
Officer in Charge...:
CHRISTOPHER BOK
CHRISTOPHER BOK
Date: 08/31/96
Date: 08/31/96
Shift: A Station:
Member Signature....:
Officer Signature...:
Iowa City Fire Department
Medical Incident Report
** CONFIDENTIAL '*
Incident No: 96-002085
Total Ptnts: 001
Response Time: 00:02:00
Auto M/A: 0 None
FDID: 52003 Date: 08/30/96
Total Units: 001 Day of Week: 6 Friday
Alarm Time: 23:47:00 Arrival Time: 23:49:00 ALS Arrival: 23:49:00
Nan'ative
08/31/96 00:28 CHRISTOPHER BOK
DISPATCHED FOR A MEDICAL EMERGENCY WITH GUN SHOTS FIRED. DISPATCH CONFIRMS
POLICE ,ARE ON SCENE. ARRIVED WITH JCAS TO FIND APPROXIMATELY 30 YEAR OLD MALE
PRONE IN THE OPEN DOORWAY OF A STRUCTURE. LARGE AMOUNTS OF COAGULATED BLOOD
AROUND AND ON THE PATIENT. NUMEROUS POLICE OFFICERS AND VEHICLES ON SCENE. I
ASKED OFFICER TROY KELSEY IF THERE WAS SOMEONE IN CUSTODY AND HE STATED THAT
THE SCENE WAS SECURE. HE ALSO STATED THAT FOUR MINUTES HAD ELAPSED. AS E-1 CREW
ASSISTED JCAS WITH EQUIPMENT, I ASKED ICPD LT. MATT JOHNSON IF THE SCENE HAD BEEN
PHOTOGRAPHED. HE ADVISED IT HAD NOT. I RETRIEVED MY CAMERA FROM ENGINE 1 AND
3K THREE PICTURES OF THE PATIENT AND THE AREA IMMEDIATELY SURROUNDING HIM.
· ,~E CARDIAC MONITOR SHOWED NO NOTICEABLE ELECTRICAL ACTIVITY. PARAMEDIC
SPENLER ADVISED US THERE WOULD BE NO ADVANCED CARE EFFORTS. SHORTLY AFTER
THAT, WE GAVE OUR NAMES AND HOME PHONE NUMBERS TO OFFICER HURD AND WERE
RELEASED FROM THE SCENE.
09/04/96 15:21 CHRISTOPHER BOK
TURNED MY F~LM OVER TO THE FIRE MARSHALL ON 913196. THIS MORNING, HE ADVISED ME
THAT IT WOULD BE DEVELOPED BY 5:00PM TODAY. AFTER MEETING WITH THE FIRE CHIEF AND
RELAYING THIS INFORMATION, HE OBTAINED THE NEGATIVES AND TURNED THEM OVER TO THE
POLICE CHIEF. CHIEF ROCCA HAD BEEN TOLD THAT NO PICTURES HAD YET BEEN PRINTED.
Iowa City Fire Department
Medical Incident Report
** CONFIDENTIAL **
Incident No: 96-002085 FDID: 52003
Total Ptnts: 001 Total Units: 001
Response Time: 00:02:00
Auto M/A: 0 None
Alarm Time: 23:47:00 Arrival Time:
23:49:00
PATIENT INFORMATION
Patient #: 001
Name: SHAW, ERIC
Addr:
City: IOWA CITY, IA 52240
Sex: Male DOB: / /
Age: 031 yrs 00 mos
Initial Condition:
Action Taken:
Outcome:
Prior Aid:
130 Patient Unconscious
1 Examine Only
4 DOA
99 Unknown
[ X] Injury [ ] Illness
Nature of Inj/]11: 91 Gun
Comments
Date: 08/30196
Day of Week: 6 Friday
ALS Arrival: 23:49:00
Apt:
Ph:
SSN:
Iowa City Fir-e Department Daily Log I
Station 1
Date: 8f~0D6
BC: $tutzman
It: Bok Capt: Smith
Dr:. Hopkins Dr:. Smothers
FF: Deed~ FF: Reyhons
FF: Henry FF:
0700 Slxitt A on duty. (Off duty: Ju~tico 1900.0700; Wy,~ 24hi; D~Valk 24hi; Buser 0700-1900)
0730 R~scue conu~t~ee meeting.
1000 R___,' _,' _,' _,' _,' _,'~ commilto~ ughting over.
1025 T-1 emoute to Bus Barn for company training.
1110 £-1 in servico.
1130 T-I c~ew compl~'t~:l I hr. company Whining, ~.,add~r R~.~s', Do]all in.~tl~0r, B~iv firefighter Hemy in
artendaac~ also.
11~$ T-I in quarts.
1200 1~-1 in qumle~.
1211 ~2079 Medleal emer~enl:~. E-I i'~SpOIX~g tO 300 E. College SL for a bicy¢lrdcar a~idcnt. See reed.
1226 £-1 in quat~rs.
1300 Open House for Terry Fiah~ in ptog~s.
~12081 Medio=! emee~,,,~,. ]~-1 n~on~ling to 220 E. Davenport St. for 101 y~ar old woman with chest
pains. Se~ m~d. r~pon for details.
1421 E-I in quails.
1600 B. Hemy off duty.
1630 Open Hou~ over.
Stallon #1 Daily Log
1710 E*I in
1820
~2~ln~ ~.l~tcto~bl~of~eSLfor~s~Uofs~c. ~nfor
~S.
2320
2347 ~2~5 M~le.I e~n~. E-I ~g tO 1130 S. GU~n for a m~ cmcrgen~ ~ ~ho~
~ I~D on ~. ~m ~ ~. ~ ~ ~n ~r ~Is.
~fi~o86 M~al eme~n~. ~-1 ~g ~O 2~ S. L~ St. for a m~ emergent. S~ m~. rein
br ~s.
0219 E*I ~ q~.
07~ S~ A o~du~.
S~fion#1DailyLog
A
REP .ORT
01~1/~ ~O:2l CHRISTOPHER BOK
DISPATCHED FOR A MEDICAL EMERGENCY WITH GUN SHOTS FIRED. DISPATCH CONFIRMS POLICE
ARE ON SCENE. ARRIVED WITH JCAS TO FIND APPROXIMATELY 30 YEAR OLD MALE PRONE IN THE
OPEN DOORWAY OF A STRUCTURE. LARGE AMOUNTS OF COAGULATED BLOOD AROUND AND ON
THE PATIENT. NUMEROUS POI. JOE OFFICERS AND VEHICLES ON SCENE. I ASKED OFFICER TROY
KELaEY IF THERE WAS SOMEONE IN CUSTODY AND HE STATED THAT THE SCENE WAS SECURE.
HE AL80 STATED THAT FOUR MINUTE~ HAD ELAPSED. AS E-1 CREW ASSISTED JCAS WITH
EQUIPMENT, I A~KED ICPD LT. MATT JOHNSON IF THE SCENE HAD BEEN PHOTOGRAPHED. HE
ADVISED IT HAD NOT. I RETRIEVED MY CAMERA FROM ENGINE 1 AND TOOK THREE PICTURES OF
THE PATIENT AND THE AREA IMMEDIATELY SURROUNDING HIM. THE CARDIAC MONITOR SHOWED
NO NOTICEABLE ELECTRICAL ACTIVITY. PARAMEDIC SPENLER ADVISED US THERE WOULD BE NO
ADVANCED CARE EFFORTS. SHORTLY A~ [~.R THAT, WE GAVE OUR NAMES AND HOME PHONE
NUMBERS TO OFFICER HURD AND WERE RELEASED FROM THE SCENE. NO CARE GIVEN. NO
PATIENT INFO. NO MED REPORT.
IOWA CITY I~OI, ICE $UPPLt/MENTAL REPORT
INCID~
DATE OF ~: AUGUST 31, 1996
On August 30th, at approx 23:50 I was somewhere in the area of KMART. At
this time I heard officer Kelsay on the radio asking something to the
effect of had dispatch sent his request. He then stated that they,
(dispatch) could disregard because he had obtained the assistance of a car
going by. Officers 3 aid 12. At this time ! started towards the area of
Boyr~m and Hwy 6 with the intention of checking the area of Gilbert Ct and
Highland Court for the officers. I was working on the impression that
officer Kelsay was in that general area working on a recent series of
burglaries. Shortly after starting that way I heard officer Kelsay
request that an ~mhulance a/]d supervisor respond to his location with a
Code 3 response. Shortly after this ! heard officer Kelsay indicate that
the requested response was due to a ~unshot wound to a center mass.
At approx this time Sgt Jackson indicated that he was responding and
requested the location of officer Kelsay. It was advised that it was in
the 1100 block of Gilbert St at the Areneon Concrete.
! then headed towards the 1100 blk of Gilbert Court. Upon failing to
locate the officers in the immediate area I then went to the area of
Areneon Concrete bldg 11B2 S Gilbert. Upon ~y arrival at the scene Iowa
City Fire Dept, Johnson County /~Abulance were on ~:he scene along with
officers Kelsay, Gillespie,
Zacharias and Sgt Jackson. Arriving at approx the same time was Sgt
Steffen. Lt Johnson and SpT Wyse were also present at the scene at
sometime during the initial period. ! asked Officer Kelsay and Lt
Johnson if there was anyone whom I needed to be checking for. They
indicated that the involved parties were currently present at the scene.
Lt Johnson then stated that he wanted the scene "tapped" off. After
speaking to Lt Johnson I spoke with LT Bok of the Iowa City Fire Dept. He
stated that he had taken some pictures at the scene upon their arrival.
Present on the Fire Unit with him were Lyle Deeds and Nate Hopkins. After
the fire dept a~-ld Ambulance cleared the scene we tapped the area off,
starting wi~h the area i~ediately around the antrance to the 1102 S
Gilbert. During the tapping process ! obeerved a W/M laying on his back
with what appeared to be a large quantity of blood on the chest. The
subject was laying with the head facing in a Northerly direction. Upon
completing the securing of the scene a subject was observed on the the SW
corner of the Antique Mall bldg. This subject was identified as
Upon speaking with
he stated that he had been driving down Gilbert Street when he
observed the Ambulance and Fire Dept pull in to the area. He parked a
truck and walked over to the area to see what was going on. He stated that
he had not been present when the incident occurred and that he was merely a
curious bystander. Ha did state that as he pulled in to the area there
were 2 W/M near the RR tracks to the E of the scene. The only physical
were W/M wearing jeans and T-shirts, I than walked around the N side of
the Antique Mall bldg but was unable to locate anyone. After the fire and
medical persons left the scene ! remained with Sgt Steffen and Sgt Jackson
along with officer Kelsay and Zachariss who was seated in a squad car.
Officer Gillespie had left the scene with officer Prestegard. At around
01:00 a wht station wagon pulled up to the scene at a high rate of speed.
Page 1
R!IPORTING Ol~I~IR: K. HURD #27
The male operator of ~he v~icle l~d ou~ of the car, ~d crossed
barrier ta~ heard t~ards the d~r. He was initially restrained by Sgts
~ss ~d S~eff~. I ~ assisted in escorting ~e s~jec~ from the
i~dia~e sc~e. By ~is ~ ~e f~le oc~p~t of ~e vehicle was ou~
of ~e car ~d s~se~tly l~yed d~ just ou=side of the ~aped
perimeter. The s~]ects were idekiliad ~ ~e ~r~ts of the ~rson who
had be~ sho~. Shortly prior to ~eir leaving the area in ~heir vehicle
officer Lip~ld ~rive~ to take so~
DCI ag~s arrived at ~e sc~e at approx 05:25. Sgt Steff~ Officer
Lip~ld ~d ~ were s~se~tly relayed shortly after 07:00 by officers Cox
~d Maurer.
revised copy to follow
Page 2
IOWA CITY POUCE DEPARTMENT
INCIDENT REPORT
CASE ft~6-607479
INCIDENT fI~6047129
S. JACKSON fit94
08/31196 8:44 AM
This is a report of an incident that occun'ed on 30 August 1996 around 11:45 PM. The
incident was a shooting involving an on-duty Iowa City Police officer. The shooting
resulted in the death of one person. The Iowa City Police officer involved was Jeff
Gillaspie, #3. The victim was Eric Shaw. The shooting occu~ed at 1130 South Gilbert
Street, Iowa City, Iowa. Iowa City Police officers Troy Kelsay, #43 and Dan'in Zacharias,
#12 were present when the incident took place.
I am assigned as a patrol supervisor for the late night watch for the Iowa City
Police Department. Around 11:35 PM I had started patrol in the watch commander's
vehicle. At 11:44 PM, I heard Officer Troy Kelsay request an ambulance, he also
requested a supervisor. Kelsay requested the ambulance and supervisor come to the
his location at 1130 Gilbert Street, 'Code-3." I acknowledged the request and
responded to from the 200 block South Gilbert Street. I arrived at the scene around
· 11:46 PM.
VVhen I arrived at 1130 Sout~ Gilbert, I observed an Iowa City Police car parked
off the street on the west side of the Arens Concrete. Officers' Gillaspie and Zachadas
were standing next to the ddver's side of the car. Officer Kelsay, who was in
plainclothes, was standing in a doorway at the Northeast comer of the building.
Gillaspie appeared to be highly agitated and was pacing. I went to Kelsay and
observed a subject lying just inside the doorway of the building. There was a large
amount of blood on the ground around the subject who did not appear to be conscious.
IOWA CITY POLICE DEPARTMENT
INCIDENT REPORT
l~6047129
I asked Kelsay what happened. Troy said he had discovered the door aiar and had
called for uniformed officers to investigate. Gillespie and Zacharis arrived to assist him.
Kelsay stood by as the two uniformed officers prepared to enter the building. Gillespie
had draem his firearm prior to making the ent~. Kelsay said as Gillespie pushed the
door open he hear~ a shot. He saw Gillespie double over and thought Gillespie had
been shot. When Kelsay got to Gillespie, Gillisapie's gun was on the ground and there
was a subject lying in the doorway. Kelsay collected Gillaspie's weapon and called for
the ambulance and supervisor. Kelsay said hs was unable to locate a pulse on the
victim.
Officer Kevin Prestegard arrived showy after I did. He was w~h Gillaspie and
Zacharias. Gillespie was becoming hysterical. Gillespie was moved to the unmarked car
Prestegard drove to the scene. I asked Gillespie what happened he said he shot the
guy. He said as he opened the door he saw someone, saw their hands and something
in the hands being raised. Jeff said he saw the object and shot. Jeff said the object
turned out to be a telephone. Fire and ambulance had 1=;;,3 dispatched but went to
Stier's, one block north of where we were. I directed them to come to our location. I also
requested Lt. Johnson, the Investigations commander, be dispatched to the scene.
Johnson areveal at the scene followed by Rick Wyss ~95, Jim Steffen #82, and
other fire and police units. Lt. Johnson was informed the incident involved the
discharge of a tirearm by an officer. Johnson County Ambulance personnel advised the
victim was deceased. The scene was turned over to Lt. Johnson and I transported
2
IOWA CITY POLICE DEPARTMENT
INCIDENT REPORT
~6047129
Gillaspie to the police department along wffh Officer Prestagard. Gillaspie was taken to
an office in the investigations ae~on of the department. Prestegard stayed wJth
Gillaspie.
Chief Winkelhake and Captain Hamey were contacted. The Division of Criminal
Investigation was called to inflate an investigation into the incident.
3
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C. Johnson
CASE NUMBER: 96-607479
INCIDENT NUMBER: 96047129
DATE: August 31. 1996
On 8-30-96 a! approximately 2350 has. I was conducting burglary surveillance and was located in
th~ parkiag lot at the C~hill ~ I?O0 block of ]st Avenue. ] heard a radio transmission from Inv.
Kelsay advising communications that they could disregard as units 3/12 w~re with him I then
heard Kelsay request an ambulance and a supervisor. He repeated the request and asked the request
to be cod~-3 (em~rgnmcy). Sg~ Jackso~ r~0om:kxl that be was 10-76. I ~ beard Kelsay give an
advisory r~ardiag aaa~ of injuries which he descritnxt as a single g,~n~ho~ wound, c~ter mass. I
was working burglary smweillaace with S8~ Wyss, Im~;~rioas Sgc, and I cornacted him via cell
phone and ~ him to tbe sc~e of Kelsay's n~luest. I asked that he apprise me of the call
s~ams wh~ be arrivod. I riga beard Sgt Jackson g~ out at the sc~e aed im~nediately reque~ tt~t I
be dispatclg~l to the scene. 1 mspoeded and arrived shortly behind Sgt. Wyss. We parked facing
north on file wgst side oftbe Ahrms ~ buikllng at 1130 S. Gilbert.
I walked up on the scene and Ionkeri in aaopen ck)orway that would be part of the address 1132 $.
Gilb~t Sm~, Iowa Vending. I ohsawed a white male being atteaded to by paramedics and
ambulance personnel I observed a significant arnonat of blood about this person and on the floor
aronad him. I th~n Iocag~ Sgt. Jackson and ask/nt him what tylg of sine,ion xve had. He stated
~ his immediate imprergsion was ~ Officer Gillaspie ~ discharged his duty v,~pon and Had
hit tbe maJe being am~ted to in tbe doorway arm. I observ~ that Officer Gillaspie was sitting in
the rear seat of a ramkeri unit in the alley to the east of the immediate area of the medical response.
I inswac~d Jacksoa to stay with Gillaspie, pema~y, and not leave him alone. I al.so a~ked what
the status of Gillaspie's v~apon was. I was advi.s~ that lay. Kelsay Had secured the weapon. I
~ 1oc_~_*_~ Sgt. Sud~m and advised him to mmai~ with Off. Zaccharias and get just a brief
up a s~'ure l~rimegr aromxl tbe ar~
K¢lsay th~ brk:f~d me on what had transpired. He staled filat ~ too had b~a doing burglary
surveillaace aad that be ~ located th~ door to the rgaz amt north side of file A.hrens building opeu.
He had backed ofl: as be was in plainclc~s ancl did no~ warn to mte~ in that maaaer. He called via
cell pbx to c~n~auaaicafious and asked for backup. At approximateb, the same time, he observed
Gillaspie and Zaccharias drive by and flagged them clown. They exi~l and ~ssisted him in making
an effort to secure the building. As they approached file door 0'{E corner of building) Kelsay took a
position to the east of the doorway, Gillaspic was to the from of the door, and Zacchahas was to
the west of the door. gelsay stated that G. illa~pie pushed the door open and a shot sounded. he
stated that Gillaspie backed up and dropped his weapon and made several loud utt~aaces. Kelsay
was un.mre at this point ff Gillaspie Had been shot. He then aplxoached and observed the male
I l~q~ Sgt. Wyss in charge of the crime sc~e and responded to fi~ PD to apprise Chief Winkelhake,
Captain Harney and the DCI of the incident At 1210 1 cornanted CR State radio and requested that
they page ~ DCI agem on call I was cornanted by Joe Diaz who advised that he would defer to
Baa~m ~ am~.~ to t~ PD.
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C.
CASE NUMBER: 96-607479
INCIDENT NUMBER: 96047129
DATE: September 5, 1996
TRANSCRIFFION OF PBX/RADIO TRAFFIC TO COMlVlUNICAT!ONS
23:46:06 Lippold: 43, you need a CST?
23:46:11 KeLsay: I need a supervisor is what I tged.
23:46:15 Jason: 43, 94's earoute.
23:46..22 Jack.~c 94's out
23:46:24 Jason: 10-4, 94
23:47'94 Jaekso~ City fi'om 94
23:47'96 Jason: 94
23:47'97 Jacksoa: I m:ecl Lt. Jobasca down here also.
2.3:47'.29 Jason: 104
23:47:31 Jolm~m 10-4, ~ City.
23:47'.33 Jason 10-4, 87
Add. itional call to UIDPS fiutu J. Thomas apprising ttmn of call on S. Gilbert.
- Call via pbx' 'maiat~d at 23:50:05, co,eluded at 23:50'~5
23:50:37 Husd:
23:50:41 Jason
Ciqe, 27 will be 10-6
Copy 27, I 0-6
Call to ICPD Comzn Ct~. fxom ECP Crerst iuquiri~ what type of cal~ Ls occurring that i~vovled
fire dept. Call 'aRiated at 23:54:17, concluded at 23:54:55.
Call to ICPD Cmxun. Clx. fx~a JCSO Corem Ctr. re: iafovmatiou ca tbe call in progress at Ahrms.
Call iaitiated at 23:55:42~ eamcluded at 23:55:55.
Additional eau to UIDPS re updated status of S. Gilbert St. call Call 'mifiatt~d at 00:03:43.
IOWA CITY POLICE DEPARTMENT
CRIME SCENE TECHNICIAN REPORT
INCIDENT INFORHATION
Incident:
Location:
Responding 01'ricers: Ye/s~,~)~.~,//z,7,
Weather Conditions: ~ ~/~
· 2~,~,~ C~T a~rtval time=
ACTIVZTYSY~LOPSI$
Photographs taken:
Latent Prtnts:
Evidence Collected:
Yes '~,~ No _
Yes -- No
Yes .- No -..
Nu~ber of Photographs:
Number of Lifts:
Disposition= _
NARRATIVE
MEMORANDUM
TO: records
FRO~: ERIE LIPPOLD #36
RE: 607479
DATE: AUGUST 31, 1996
It was informed by Sgt Jackson and Lt Johnson that I was
needed o take photos of a shooting scene at 1131 S. Gilbert
and responded to that adress. On arrival Sgt. Wyss, Sgt
Steffen, Sgt Jackson, Officer Hurd and Officer Kelsey
were presen~ and dealing with a very upset couple who wanted to
enter the scene. Sgt Steffen dealt mainly with this couple
and after approx 20 minutes they left. ! then took 35 mm
color photos with the cst Minolta c_~mera of the scene
starting in front of the building and stopping at the north
door that was covered with a white sheet. This was at 0114
am]. I waited for the DCI until1 approx 0545 ~n and took
additional pictures of a wln lying on his back just inside the
north door. The wm had its head to the north its left arm
across its torso and its right arm pointing west. There was a
large ~pool of blood west of the body. There was a phone lying
.~ ~ floor off the reciever just inside the door. I walked
~ugh the building with two DCI agents and took approx 36
~' '40 pictures of 35mm color film asa 400 using a flash.
~s relieved by officer Cox and Mauerer at approx 0705 am.
IOWA CITY POLICE ,NC .
INCIDENT REPORT
~VENILE INVOLVED
; m ~ '::~-'-.- -..-- -.- · -....~.~;.-r ....... · M .....~--'
~'"- ~ ~{~'~ ~ '" '; L'" ' - ' I [~) ' ~"':"-'-'
~ST, FIRST. MiDOLEN~ ~ 18~ I~CE ~N/ ~ I0 HISP O UNK DOS .
. AO~RE~, CiVeT, ~P PHONE
- ~PE OF I~URY (~ ~ ~ ~e):
[ ] T.~oft~ ~O.~r~ [] U.~~ [ } a-one
REFER~S: ~N.~ [ } L-~ [ ~ M-~I ~ CHILDREN; [ ] U-presen~un~
~r
~ NON-HISP
ADDRESS, C TY. ST, ZiP
TYPE OF INJURY (cl'~c~ uP to ~):
LOSS ~ ~T, FIRST, MIDD~ ~E OWNER
CODE
~OM~ER I VEH LOC~D ~ K~SlN
VEH CONDIXON. ~RKS. ~E~S
IPHONE
(HM) (WK)
[ ] B - broi(en ~ones/$kutl ftact~Jre
[ ] N-none
IEVIDENCE COLLECTED ( ] Dt~oto$ [ ] none
[ ] ~ingerpnnt$ [ ] ortner ewelance
IPHONE (HM)
0NK)
IMODEL
VlN
1-rY NO
RECOVERY DATE RECOVERY TIME IBY I LOCATION
LO~ C,O~.e: 1 - rm~e 2 - I~ 3- ~t~rf~te4 4- ~l~mag~d/d~tn;~ 5 * ~
LOSS ESTIM ITEM/]VIAKE/MODEL SERIAL#
CODE QUANT
7 ost~ ~. unknow~ 9 *~und 10- I~1!
EST, T~Y# NC~C
VALUE CANCELLED
_OSS J 81CYCLE BRAND/MODEL
:ODE
S~R~AL NO VALUE AGE
=NCIDENT SYNOPSIS
WHEEL SIZE
SPEED
MALE COLOR TRIM
FEMALE
l"rY~ DESCRIPTION
COLORFRAME
RE PO~TING OFFICER
_ ,ZOROS DIST TO RE~:ORD$ C~DE
.~ATE ~1 DOMESTIC
:J BIAS
~J LEOKA
TOT OTHER ~ATCH-
TOT OFFICER.
PI~...~ DATE [SUPV
EXCEPTIONAL CLEARANCE: ;3 yes -3 no CASE STATUS
;3 juvenile - no c~st(x~y -~ cleared by arrest
;3 offender dead ;3 VIC refused coop '~ ac~ve
~1 extradition den~ed ;3 TOT o~era~ency .,~ unfounded
UNDER INV REPORTING OFFICER ;~ TOT INVESTIGATIONS
TOT OTHER AGENCY' ;3 REFERRAL SHEET REQ
REVIEWER - I CST
REPORTING PARTY SIGNAT'~fiE
I OHS NOTIF~=ED DATE/r~ME
yes ~ no
JUVENILE [] YES ~ NAME .,
CA~E NO:,
C,~E STATUS
I proceeded to the rear of the building (east side) while calling
dispatch on my cellular phone... I did not want to use my portable radio
in the event that it might be scanned by possible burglars. There were
two windows to the rear. Although I could see that the lights were on,
there was plywood or shelving blocking my view of the interior. I requested
that a marked patrol unit be dispatched to the scene via MDT & that Sgt Wyss
be notified via MDT (2342 hrs). As soon as I completed the call, I saw
a marked patrol car northbound on Gilbert St nearing my location. I flagged
the car down & advised dispatch to disregard dispatching a unit as Gzllaspie
& Zacharias were already on the scene with me (2343 hrs).
I pointed the open door out to Giilaspie & Zacharias. Gillaspie & I
approached the door while Zacharias returned to his car for a flashlight,
I took a position to the left (east) of the door with my flashlight in my
left hand & my pistol in my right. Gillaspic was standing in front of the
door with his flashlight & pistol... he bent over to examine the pry marks.
As he pushed the door open a gunshot was fired. Gillaspie dropped his
pistol & began to back away from the door while bobbing up & do~rn at the waist
& exclaiming, "Oh fuck!" repeatedly. I was not certain whether Gillaspie
had fired a shot or had been shot himself.
I kep~my attention on the door & moved to where I could see in the opening
created by Gillaspie (approximately six inches). I could see the t~p of
Shaw's head & his face as he was on the floor just inside the door. He
seemed to be having extreme difficulty breathing or convulsions. I
requested an ambulance "Right Now!" & a supervisor (2344 hrs). I set my radio down
to tend to Shaw & told Zacharias to stay with Gillaspic, who was continuing
to back away saying, "Help him.,. Help him..." I pushed the door past Shaw
& attempted to find a carotid pulse... I was unable to locate one. I repeated
my request to dispatch for an ambulance "Code 3" for a gunshot wound... a single
gunshot to centermass (2345 hrs).
I pushed a table & some other clutter away from where Shaw was on the
floor so that I could roll him to his back. I had been unable to find a
pulse. He did not have any rhythmic breathing, however he did have occassional
spasms. Initially, he was on his right side in a fetal position. There was a
large amount of blood pooling beneath him from a wound to his chest. There was
also some lesser bleeding from his back in the vicinity of his left shoulder-
blade. Sgt Jackson arrived as did ICFD & JCAS. I relinquished my care of
- Shaw to medical personnel on
,sSTO~nmo~nO~.~Pn~m.~x~c ........................... 0 the scene.
,S T;4EI~ A ~O~*CA~T bLO. ~ P I~ID, P~A~ X I~ ~0~ ............................ []
WAS '~1~ A w~'~E~l'ro 11~ ~lT~ P ~O, I~:~ X iq !~X. .......................... C}
nF.6.SC~l~M'rI4~TW, f¥~f]~qI1C~GOWPI. I~I~JATTN~TJ~T~P~O.P'~q~EXlN BO~ ... ~}
,..~ 'w~ ~E~ ~'/1~ p ~,~. ~:~ x ~ ~gr.. ................................ 0
[cont.]
RECORO~ OIb~J':
PiN:
Prior to Sgt Jackson's arrival, I had retrieved Gillaspie's pistol from
che ground just outside the door... the hau~er was down. While caring for
Shaw I moved several objects in the business, & removed Shaw's glasses &
placed them on a table or bench in the business. I had never been able to
locate a pulse on Shaw & the spa8ms had stopped prior to the arrival of
medical personnel. JCAS personnel dete~ined that resuscitation efforts
were futile. Medical personnel were removed from the scene. In addition
to those already mentioned, Lt Johnson, Sgt Wyss, Sgt Steffen, &Ofc Hurd
were rapidly on the scene (Hurd documented tile names of medical persons on
the scene).
After the medical persons left, an outer perimeter was secured with
police tape. I located the spent shell-caming in on the gravel drive &
marked/covered it with a paper cup. I reached inside the business & shut
the light off (to prevent gawkers from nearby buildings). Sgt Wyse
assisted me in taping a sheet over the open doorway. At 0030 hrs I
relinquished control of Gillaspie's pistol.°. I placed it in a Zip-lok
bag & placed it in the trunk of unmarked car ~43 (in Wyse' control) where
it was secured by Wyse... the pistol was not cleared, but left as I found
it. At about 0100 hrs I left the scene & went to the PD to wait for
DCI's arrival.
08-31-1996
In an attempt to identify Shaw I had removed a nylon, tan & green,
tri-fold wallet from a rear pocket. An IA picture DL was found in the
wallet identifying Shaw. The DL was given to Sgt Jackson at the scene.
At 0607 hrs this date, the wallet & remaining contents (assorted ID's,
notes, & $2°°) was relinquished to DCI Special Agent Wade Kisner.
~ Oq.tgP~'T 8~ I,~dYTl~ ~ ~ P%,~q~E X m B~.. ................................. 0
~3~4~t~ A Sj~sdf~r bLd~ IB~:~ I~ N~, [q.,~ X IM IIO~ ..........................
wAS TI.~qE A Wl'f'k~ Tm 1'1~ OPPEN~t ~' ~, ~'1.,~ X tN ~3~r. ...........................
~F.,~C~TOI~'~T)~T!h~ngAT~mGMMOl'~! CCll/~EDAT~I31M?P NQ, P~K2X I~ !C~.... 0
w'~,,~. '.'~q]~:3~q. Am, N~ ~q~c~J'~ I1~ ~ Anl~T =' ¥*~"/· MD, PI-~ X ~ ~~,. .............
R EC,,QR[3~,
DATE:
PAGE'"~
'5%38SS1 V2R3MO 931217 ZCPD '- 08/31/96 0,
User .......... : GARVEY
DATA ~NS~R¥ - ~ . .', A~O GEO S~E- I I
03.Date Reported: 08/30/96 04.Time Reported: 2346 05.Shift: 3
06.Activity: 000PE OPEN ~R/WI~W 07.Priority: 2
(1)~ot:- 009502 ( )Fir: (.)~:' ( )Zone:. *
11.Apt~/," -' N~' Tel How Rec
16.Add: ~S CONC~TE 17.City 18.St:
45 o Line-1:
49. Line-5:
06/30 2316 ~R .... i*'lnttill ~llI ~i~d--'' ' "}~ -' '~" *'
06/30 2346 JASON
08/30 2347 JASON
08/30 2347 JASON
08/30 2351 JASON
08/30 23~1--,~80N
08/30 2359
08/31 0005 J~ON
08/31 0030 ~ON
08/31' 0116 J~0N
~8/31. 0116 '~ON
08/31 0156 J~ON
<UNITS>: 0043 0003 0012
<liMIT>- 14DT
.... .~="~a~l ~pd~ted--i*
<UNITS>: 0043 0003.0012-'0094
·. *** Calx .,Updated'. **. ~/ ·
<uNxq~--0043 - ~00~4~2--00~4~)087
** Call Updated **
** Call Updated **
.. :~at.~** Call~ L.**
· . **_.Cal l, ated ;** .- '
CalX.. pdate, **'
<~XTS>: O0 0082:009,4 ,'
** Call Updated
08/31 0156 JASON <UNITS>:
OO95 0082"
TIMET
DATE :~
6~
A
'-CASE REPORT: 'CALLS FOR SERVICE
DATE PRINTED: 08/31/96
06,ActivitY: OOOPE OPEN DOOR/WII~DO~ .... 07.Priority:
08,.City IOWA Cid_._____ 09,Loc 1130 GILBERT ST S
DISPATCH WITHIN 5
10.B/R 0095
11,Apt# Name
Tel
How Rec Type
.19.Rem: 1sT ST/2ND ST
q9 DtsD 2346 Enrt 2346 Art 2346
Comp -- *Transp* Enrt
30.Off:--00095---
Arr Comp _
~F'~> JOHNSON COUNTY AMBULANCE
.... '"'"'~'~.'~S~'"'~' EMS ~ REPORT
3.996
! Wal Ihift aul~rvieo~, along with Sgt. Jackson, on Friday August 30,
1996. ! was in my office ~rkLng on ~he foo~baL~ ove~ schedule ~hen 2
over he~d De~. Ke~sa~ on my ~Le. ~,lsa~ was ~ork~ng ~n p~a~n c~o~he2
checking businesses ~n ~he sou~hea~ s~de o~ ~o~ due to a rash o~
burql~es. Be ask~ d~,~ch ~f ~he~ had ~T h~s message. They said no.
and ~n~ ~9 1130 S. ~l~.
! arrived at the same time as the fire and ambulance arrived. As I walked
up the foll~wing l~ople w~re a'~. Ch* scene; L~. ~ Jo~son, Der. S~.
~18, Offic~ Kevin Hurd, Off,cot ~ Proo~eg~d (who web in
clo~hee), Officer Jeff ~llla~pie, Officer D~in Zach~ia~, De=. Kelsay, and
S~. Jackace. There was aleo the f~e ~d ~ul~ce ~r~o~el. One of
~ul~ce ~reo~el walk~ up to Lt. Ju~on and ~aid ~ha= he was "going
ne~ ~he dooley. Inside ~he d~c I saw a wh~e ~le la~lnq wi~h his head
to ~he noah. There was a l~qe ~1 of blood ~o~d =he body. Johnson
in~ed me to lnte~i~ Zacharias. Hurd began ~aping off =he area
and I walked over to my car and I started interviewing aC 23:58
zachariae
routine day with a accident rapor~, watching Juveniles in the down=own,
few parking ticketa. They had Just finished up handling a fight
Lakeside. This turned out to be an unfounded call. They, Gillespie and
he, were the third car &~ =he Lakeside call. The original call went out
am involving knives, but ~ha investigation found out that nothing was going
Page 1
way back they reviewed the dame ha~ninge.
on the
car down.
the alley.
then said
1100 blk. of S. Gilbert Zachar£ae noticed a gentle.an flagging the
He did not riceSnile Kelaay at first bur did when they pulled in
Ae he go~ out of the car, Kelemy told thom to be quiet. Keleay
e~thing ~o Gillasp£a which Zacharias could not hear. The
three walked towards the door. Zachari&l forgot his flashlight so he
wlnt back to the o~. Gillespie positioned h~mlelf on the left side of
the d~r. Kelley wan behind h~m. Gillespie l~okod over =o make cure
(Wilt l~de). ZlChEill laid =hit Gilliepie reached up towards oho
open. Zachariae said that 9illinpie then
recall if Gillespie said anything prier to
t-~lnedl&taly dropped hie gun a~d said, "Oh,
he was unsure if Gillespie turned the door knob or pushed the door
shot his gun. He could not
shooting. He said Gillespie
my ~od" and =hen walked back
away from the door. Zacharial laid he looked in the door and saw a man
hunched over. Gillespie aCte~ed to call in to dispatch but was
unable. Kelley then called ~t in via radio. Kelley then picked up the gun
and told Zech~iae to take care of Gillespie. Zachariae said that =he only
thing Gillespie said was "Oh my ~od" over a~td over. Zachlrias said =hat he
could no= see the person inside prior to the shooting. The interview was
ended at 0022 hrs. Zachlriel was later taJv~n to ICPD by Sg~. Jackson.
At approximately 0050 hrs. a white station wagon d~ova up from the north at
a high rate of speed. The driver Jumped out of the car and ran towards the
open door. S~. Wyes and I restrained him. The man, later identified as
=he
passenger got
the taped off
the police of
victims father, was very upset and
area. Both subJactl were
covering up
cried to hit Wyse. The female
yelling. He was escorted out of
yelling obscenities and accusing
what had happened. After aJ3out 20 menu=es the
Page 2
~ 10747~J
~o~ 0700 ~l., a~ which t~ O~Acera ~x ~d ~urer ~k over.
Page 3
· ~ I-'~¥~ [-'3~ iOWA CITYPOLICENARRATIVE Ic,~;~
~ I"lY,, I"~ IOWA CITYPOI. ICENARfMITVE
of
IO%~ CITY POLIC~ SUPPL~!~TA~ RSPORT
Ku~O!~I~ OI~IC~R: RIC~.~ D. WY$S
C~E~ 96-607479
INCIDB~T! 96047129
DATE OF REPOF~: ~%UOUST 31, 1996
At approximately 11:45 pro, 30 August, 1996, I was working in plain
clothes al~d in an unmarked vehicle, and heard over the police radio Officer
Kelsay requesting an ~mhulance and a supervisor. His conversation on the
radio indicated to me that there had been a shooting, and ! responded to
the 1132 S. Gilbert Street. When I arrived on the scene, Fire and
a~ulance personnel were already on the scene, as was S~. Jackson,
Officers Prestegard, Zacharias, and Gillespie. Lt. Johnson arrived
on the scene directly behind ~e. As I approached the scene, Lt. Johnson
and I were briefed by Officer Kelsay, who stated that he was checking
what he believed to be an open door, but since he was in plain clothes, he
called dispatch on a portable phone, and requested an officer respond but
also requested that the call not be put out on the police radio. He
observed a patrol car on Gilbert Street, and flagged the officers
(Gillespie and Zach~ias) and stopped to assist him.
Officer Kelsay indicated that the open door was on the north side of
1132 S. Gilbert Street, and stated that Officer Gillespie was in front of
the door, and that he (Kelsay) was on the left (east) side of the door.
Officer Zacharias had returned to the patrol car, Kelasy believed that
he was going to retrieve a flashlight. As Officer Zacharias was
returning, the door to the building came o~ (Kelsay was not sure if
Gillespie or the person inside had opened the door), but at that time
Kelsay heard a shot. Kelsay stated that he did not see eny flash, and
that Gillespie had buckled over, dropped his gun and dropped back yelling
something, and Kelsay was not sure at that time if Gillaspie had been
shot or if he (Gillaspie) had fired the shot. Kelsay stated that he
had looked in and observed a person lying on the floor bleeding, and then
noticed that Gillespie was fueling with his police radio. Kelsay
stated that he called it in, and requested ~mbulance and a supervisor, then
checked the victim. At some point, Officer Kelsay took control of
Officer Gillaspie's gun, and still had it in his possession at this
t~me.
Page
~e o~ the ~u~oe att~O~t~ at the scene ~nd~cated that the~e was
nothing ~at ~e~ could do ~o~ ~e v~ct~m, ~d we beg~ ~ecur~ng the
~cene. I loo~ed ~n the building, ~d obse~ed the ~od~ o~ a white male
w~ b~o~ b~r l~ng o~ h~s b~ck on the ~oor, ~d noteO that the~e was a
oon~der~le ~t o~ blooO on the ~1oo~ ~d on the v~ct~m's che~t a~ea.
O~ce~ Ke~a~ ~e~ed the so~e~ ~0 tu~eO o~ the l~ghts to the
bu~ng, ~d we ~laced cr~me ~c~e ta~e awa~ ~om the ~u~ld~ng to secure
the a~ea.
~t. Jonson ~nfo~ed me ~at he was going to the Police Depar~ent to
make ~e appropriate phone contacts, ~d inst~cted me to secure the area
~t~l the ~I ar~ves to take over the ~nvest~gat~on. I r~a~neO on the
sc~e wi~ S~. Stella, Officer Kelsay, Officer Hurd ~d Sgt.
Jackson.
~t 12:30 ~,
Officer Kelsay placed Officer Gillaspie's weapon in a
plastic bag, and the weapon was set, ired in the trtunk of my patrol car.
At approximately 12:30-1:00 am, 31 ]~ugust 1996, I was notified by
phone by Lt. Johnson that the parents of ~he victim were on their way to
the scene. At that ti~ Officer Kelsay and I place a sheet over the
doorway to restrict the view of the scene. A short time later, the parents
arrived at the scene, end were extremely upset and emotional, and had to be
physically restrained from entering the crime scene. Dmiring this time,
Officer Lippold and Captain HarIley arrived on the scene. The parents
of the victim left at approximately 1:15 am. ! remained on the scene until
5:05 am, at which time the scene was being secured by S9~. Steffen and
Officers Hurd and Lippold.
At approximately 5:19 am, I turned Officer Gillapie's weapon over to
DCI Criminalists Vick Murillo end Karl Frane~ber.
Richar~ D. Wyss #95
Iowa City Police Department
Page 2
2-1.
STATEMENT OF: DARIN ZACHARIAS
DEPARTMENT:IOWA CITY POLICE
DATE:AUGUST 30, 1996
LOCATION:1130 S.GILBERT ST.
CASE #96-607479
INC. #96047129
TIME: 2346
ON 08-30-96, I WAS ON ROUTINE PATROL WITH OFFICER GILLASPIE.
WE WERE ON OUR WAY BACK FROM A CALL AT LAKESIDE GOING TO THE
POLICE DEPT., BECAUSE OUR SHIFT WAS ENDING. WE WERE DRIVING
NORTH ON GILBERT ST. TALKING OVER WHAT HAD HAPPENED DURING OUR
SHIFT. I NOTICED A PERSON ON THE WEST SIDE OF THE ROAD WAVING
HIS ARM IN THE AIR TRYING TO GET MY ATTENTION. AS WE GOT CLOSER
TO THE INDIVIDUAL I NOTICED THAT IT WAS DETECTIVE KELSAY. I
PULLED THE PATROL CAR INTO AN ALLEY ON THE NORTH SIDE OF 1130
S.GILBERT ST. GILLASPIE AND I GOT OUT OF THE CAR, KELSAY TOLD
US IN ALMOST A WHISPER THAT HE HAD AN OPEN DOOR. WE ALL STARTED
TO WALK EAST DOWN THE ALLEY, I GOT ABOUT TEN TO FIFTEEN FEET
FROM THE CAR AND REALIZED THAT I DID NOT HAVE MY FLASHLIGHT.
I RETURNED BACK TO THE CAR TO RETRIEVE MY FLASHLIGHTt WHICH
WAS ON THE FLOOR IN FRONT OF THE DRIVERS SEAT. I CLOSED THE
DOOR SOFT AS I COULD SO I WOULD NOT MAKE ANY OR LITTLE NOISE,
BECAUSE I DIDN'T KNOW WHAT BUILDING WE WERE GOING TO. AS I
STARTED TO WALK BACK TOWARDS GILLASPIE AND KELSAY, I NOTICED
THAT THEY WERE NEXT TO A DOOR ON THE NORTH SIDE OF THE BUILDING.
KELSAY WAS ON THE EAST SIDE OF THE DOOR STANDING NEXT TO THE
BUILDINGt GILLASPIE WAS STANDING ON THE NORTHEAST CORNER OF
THE DOOR (HE WAS NOT STANDING RIGHT IN FRONT OF THE DOOR BUT
IN AN OFF SET POSITION TO THE DOOR ABOUT ONE TO TWO FEET FROM
THE DOOR). AS I APPROACHED THEM SAW THAT GILLASPIE HAD HIS
WEAPON IN HIS RIGHT HAND ALONG SIDE HIS LEG, I DID NOT NOTICE
IF KELSAY HAD HIS WEAPON IN HIS HAND BECAUSE GILLASPIE WAS
BLOCKING MY VIEW OF HIM. THERE WAS A WINDOW ON THE EAST SIDE
OF THE DOOR, BEHIND WHERE KELSAY WAS STANDING. THERE WAS SOME
LIGHT COMING FROM A WINDOW, IT SEEMED FROM WHERE I WAS STANDING
THAT THERE WOULD HAVE BEEN A SHADE IN FRONT OF THE WINDOW OR
SOMETHING IN FRONT OF THE WINDOW BLOCKING THE VIEW OF WHAT WAS
INSIDE. AS I WAS WALKING UP I TOOK MY WEAPON FROM THE HOLSTER
AND HAD IT IN MY LEFT HAND ALONG SIDE MY LEG AND MY FLASH LIGHT
IN MY RIGHT HAND. I STOPPED ON THE WEST SIDE OF THE DOOR ABOUT
TWO OR THREE FEET FROM THE BUILDING. I COULD SEE A LITTLE LIGHT
COMING FROM AROUND THE EDGES OF THE DOOR. GILLASPIE STEPPED
IN CLOSER TO THE DOOR FROM THE EAST SIDE AND STARTED TO PUSH
THE DOOR OPEN. I COULD NOT SEE WHAT WAS ON THE INSIDE, ALL
I COULD SEE WAS THE DOOR (I WOULD NEED TO BE ON THE OTHER SIDE
TO SEE IN). AS GILLASPIE WAS OPENING THE DOOR I TOOK A STEP
CLOSER GETTING READY TO FOLLOW HIM IN. GILLASPIE OPENED THE
DOOR SLOWLY ABOUT A THIRD OF THE WAY AND WAS INCHING HIS WAY
IN. GILLASPIE DID NOT G~T THREW THE DOOR, HE WOULD HAVE BEEN
IN THE DOOR FRAME. GILLASPIE SEEMED TO, ALL IN ONE MOTION STAND
STRAIGHT UP AND FIRE HIS WEAPON INTO THE BUILDING. I COULD
NOT SEE WHAT WAS IN THE BUILDING, DUE TO THE WALL AND THE DOOR
WERE IN THE WAY FROM THE POSITION I WAS STANDING AT. GILLASPIE
STEPPED BACK AND DROPPED HIS WEAPON ALMOST RIGHT IN FRONT OF
ME. HE REACHED FOR HIS RADIO TO CALL IT IN BUT WAS UNABLE TO
AND TOLD KELSAY TO CALL IT IN. KELSAY CALLED IT IN WHILE I
LOOKED AROUND THE DOOR FRAME TO SEE WHAT WAS INSIDE THE BUILDING.
INSIDE THE DOOR I SAW A WHITE MALE, DARK HAIR, WAERING GLASSES,
I WOULDS SAY THAT HE WAS APPROXIMATELY THIRTY YEARS OLD. HE
WAS ON HIS KNEES WITH HIS ARMS ACCROSSED HIS CHEST, CURLED UP
ALSO MOST LIKE A BALL BUT NOT LAYING ON THE FLOOR, WITH HIS
FACE LOOKING TOWARDS THE FLOOR. I NOTICED SOME BLOOD ON THE
FLOOR BUT I COULD NOT TELL WHERE HE HAD BEEN SHOT. KELSAY TOLD
ME TO GO STAY WITH GILLASPIE, GILLASPIE WAS YELLING AT KELSAY
TO CHECK ON HIM(THE VICTIM). I HOLSTERED MY WEAPON AND WENT
TOWARD GILBERT ST. WHERE GILLASPIE WAS PACING BACK AND FORTH.
KELSAY PICKED UP GILLASPIES WEAPON AND SECURED IT, I DID NOT
SEE WHERE HE PUT IT. I STAYED WITH GILLASPIE OUT BY GILLBERT
ST. AND BY OUR'PATROL CAR. GILLASPIE KEPT PACING AND I WAS
TRYING TO CALM HIM DOWN BUT I DID NOT SEEM TO HAVE ANY EFFECT
ON HIM. I NOTICED A PATROL CAR COMING SOUTH ON GILLBERT ST.,
I FLASHED MY FLASHLIGHT A FEW TIMES SO THEY COULD SEE WHERE
WE WERE AT. SARGENT JACKSON WAS THE FIRST ONE ON THE SCENE
AND THEN CAME PRESTEGARD IN AN UNMARKED PATROL CAR. JACKSON
TOLD ME MOVE MY CAR TO THE EAST SIDE OF THE ALLEY, I TOOK THE
CAR AND PARKED IT ON THE BACK SIDE OF THE BUILDING. PRESTEGi~RD
TOOK THE UNMARKED TO THE EAST SIDE OF THE ALLEY AND BLOCKED
OFF THE ALLEY. JACKSON HAD GILLASPIE HAVE SEAT IN THE UNMARKED
AND PRESTEGARD STAYED WITH HIM. A SHORT TIME LATER THEY TOOK
GILLASPIE TO THE POLICE DEPT. THEY HAD ME SIT IN ANOTHER PATROL
CAR IN FRONT OF THE BUILDING. I WAS TOLD THAT THEY WERE GOING
TO TAKE ME TO THE BACK OF THE BUILDING BECAUSE THERE WERE GOING
TO BE A LOT OF PEOPLE COMING TO THE SCENE. ABOUT A MINUTE LATER
A WHITE VEHICLE PULLS INTO THE ALLEY FACING THE CAR I WAS IN.
I COULD NOT SEE A LOT BECAUSE THE HEAD LIGHTS WERE SHINING RIGHT
IN MY FACE. I DID SEE SOM~ ONE GO RUNNING WITH A COUPLE OF
OTHERS RIGHT BEHIND THEM. AT ABOUT THAT TIME OFFICER STEVA
CAME AND GAVE ME A RIDE TO THE POLICE DEPT.
lAIR 96-10
09-13.96, 14:35
Interview of Lt. Bok, Iowa City Fire Department, by Lt. Fort and Lt. Sellers
Fort'
Fort'
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
This is Lt. Fort, Iowa City Police Department. This is regarding Internal Affairs
Investigation Case No. 96-10. Today's date is 9-13-96. Time is 20, is 14:35. Present
are Lt. Sellers, Iowa City Police, Lt. Bok from the Iowa City Fire Department. We are
conducting this interview in the training room of the Iowa City Fire Department.
Lt. Bok, can you giv~ me your rank?
Lieutenant, Iowa City Fire Department,
Name?
Christopher Bok.
Spell last name, please,
B-o-k.
And you have no badge number?
No,
Unit assigned to?
Engine #1.
Race?
White.
Sex?
Male.
Date of birth?
8-29-66.
Were you on active duty the night this incident took place, which is 8-30-96 at 23:45?
Yes I was.
Number of months you have been with the Iowa City Fire...number of months and/or
years with the Fire Department?
Uh, approximately 3 and one-half years.
I'm going to turn the tape recorder so the mike is closer to you at this time.
Lt, Bok
09-19-96
Page 2
Bok:
Fort:
Bok:
__ investigating the shooting of Mr. Shaw, in your own words I would like to tell
you, like you to tell us how you received the call and from that moment on what your
response was until about the time you came back to the Fire station.
To the best of my recollection the call came in as a person or man down, with
gunshots fired. And I believe at that time they said police were on the scene, but to
confirm that I, once we were on the rig and responding, I asked dispatch to confirm
that police officers were on the scene, which they did. And we responded to and, I
thought the call came in at 1130, I believe since then I believe it was 1132 S. Gilbert
Street. Uh, as we respondecl, the Johnson County Ambulance pulled out in front of
us and we followed them and they pulled into a parking area. That was a liltle north
of where we thought we might be heading, but there were two police officers, or two
police vehicles in that parking lot with a civilian vehicle. And we stopped just short of
entering the parking lot and one of the police officers in the lot pmnted for us to
continue down the street which we did, and we arrived on the scene at 1132 S. Gilbert
with Johnson County Ambulance.
When you arrived on the scene what did you see?
Urn, initially I was kind of scanning the area initially. I didn't see anything out of the
ordinary from where we were parked. We were parked in the street. I did see various
residents watching from their windows and doorways and things like that. And there
were multiple police care in the area, I don't remember exactly how many, multiple
police officers. And as we, Johnson County Ambulance parked right up near the
doorway, and as I came around the ambulance I saw Mr. Shaw down on the ground
in a prone position, head towards the door, feet towards the inside of the structure.
Large amounts of blood on Mr. Shaw as well as on the ground. Urn, just a quick
observation of the are again, there was soma bystandere and a quick glance inside I
saw some model airplanes and things like that, and I think I saw a Coke machine or
something to that effect nearby. Small desk and a table. And again because he was
in the doorway it was kind of limited access for personnel and I believe one of our
firefighters went in with one of the paramedics, stepped through the doorway. We had
our medical equipment with us. They were getting their equipment off the rigs and at
that time one of the Johnson County paramedics asked for a long board and we were
moving that. And again, there was limited access to the patient. We had um two
firefighters along with myself, as well as the two paramedics. There was as much
room, er, the doorway was basically taken up by personnel and at that point I asked
Lt. Matt Johnson if anybody had taken any pictures o! the scene and he said no one
had. And I asked him if there were any photographers on the scene and he said no
there weren't. And I asked if he minded if I took some pictures and he said no.
I went back to the dg, fire engine, and got my camera out of my pocket that I carry.
And I took I believe 3 or maybe 4 pictures of the scene and Mr. Shaw. And put the
camera away. Spoke with the senior paramedic on the scene and he said, you know,
what more can be done/what can I do to help you out and at that point they were
hooking up the cardiac monitor and he was commenting that, there was some
electrical activity on the monitor but it was, it was non-electrical activity that was wable.
And I asked at that point "Are we.." Code and he said "no, th~s is
a situation, situation where if the trauma __ there's not enough electrical activity
to go with." So at that point knowing that we were not going to provide care, I
instructed the firefighters to get out of the area. They took the equipment, we got
back. Basically loaded the equipment back on the truck and Officer Kevin Heard, I told
Lt. Bok
09-19-96
Page 3
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Bok:
Fort:
Sellers:
Bok:
Seller:
Bok:
him, you know, I also just to let you know took some pictures. He said okay. He said
I need to get your names and home phone numbers in case we need to get further
statements from you, anything like that. So each of us gave our name and home
phone numbers. And I believe Officer Wyss, I believe I also mentioned I had a
camera to, I wanted to make sure everybody was fully aware that I had the camera
and the film. And we cleared the scene shortly thereafter.
I did see that the ambulance, as the ambulance moved, I don't think they were leaving
the scene, I think they were moving their ambulance. I believe I saw Officer Troy
Kelsay locate the ejected from a pistol and I set my flashlight in front of that
to spotlight that and he put a paper cup over it to mark that spot. At which point I
picked up the flashlight and loaded that on the rig also. I did forget shortly after arrival,
I asked Officer Kelsay once we first arrived on the scene if there was a suspect in
custody and was the scene safe and his response was the scene is safe. And I said
okay. And then it afterwards I asked about the camera.
When you said you're not going to run code, what does that mean to someone not in
our business?
Well, basically my question was, "Are we going to pedorm life saving efforts, are we
going to start CPR and administer care?" and the response was, the answer was "No".
Did he said why you weren't going to?
He said it was a trauma code, and that there was no noticeable electrical activity on
the monitor.
Meaning the patient was most likely dead?
Yes, that was my understanding. And my response to him was, I wasn't making a
criticism, I was asking a question.
I understand this was a question you were supposed to ask.
Yea, and that's what I was asking, what I said to him was, you know, this is not a
criticism. Just a question, because I didn't want him to take it that way either.
Questions?
Did you do an actual standard physical medical assessment yourself?
I did not. I don't believe firefighters did. We had one of the paramedics that was
inside, excuse me, as a firefighter here, he works part-time at
Johnson County. Urn, again, I was getling equipment, I believe he was checking the
pulse and hooking up the monitor at that time. But I didn't directly witness a lot of his
activities.
It wouldn't be unusual though for a firefighter if you were first on the scene to make
a medical assessment?
Not at all. Not at all unusual.
Lt. Bok
09-19-96
Page 4
Sellers:
Bok:
Sellers:
Bok:
Sellers:
Bok:
Sellers:
Fort:
Bok:
Sellers:
Bok:
Sellers;
Bok:
Sellers:
Bok:
Fort:
Bok:
Based on your training as a paramedic.
Absolutely. And the simple fact that they arrived simultaneously and actually in front
of our vehicle is the reason that I, I don't know that any firefighters actually, urn,
contacted Mr. Shaw, or you know without incidental contact while hooking up the
monitor or moving equipment. Urn, normally if we're not on scene first paramedics
usually initiate care.
You're to just basically back them up at that point?
yes.
Did you talk to any of the other officers other than the ones you mentioned?
I'm not sure that I have. I don't have a real clear recollection of which officers were
there, again, I know the ones that I mentioned. I believe I had spoken with each of
them and I did see other officers there but I can't recall exactly off the top of my head
who was there.
Did any body mention what had happened?
[wait for PA to stop]
Did you want to ask me that again?
make sure that you heard me. Did you talk to any of the officers
other than the ones you've already mentioned.
I don't recall if I did or not. I, I don't recall specifically. If I had it wouldn't have been
a conversation as much as a comment in passing, with equipment or whatever. I don't
recall.
Was there anything said that you're aware of about what had happened?
No, no there wasn't. Again, my question to Officer Kelsay was "Is there a suspect in
custody and is the scene safe?" and his response was "The scene is safe".
Is this per your standard operating procedure?
Yes, that's our number 1 concern is of course our own safety.
Do you have anything else you want to add at this time
Just that I spoke with the Fire Chief, um, as a matter of fact the next day, I spoke with
the Fire Chief and also told me that I had this film and, you know, explained my
concerns about having the film and what I should do with it. The police hadn't asked
for it and I didn't know if it, the Iowa City Fire Department, actually taken by me and
my own film, but do we have a discrete means of, you know, taking care of something
like this and he said, yea, talk to the Fire Marshal, which I did on, it was the next duty
day that I worked, I don't recall off the top of my head what day that was. I handed
the film to the Fire Marshal. He said he would take care of it. And then in a
subsequent meeting with the Fire Chief he said that he gone and picked the film up
Lt. Bok
09-19-96
Page 5
from the development place and had taken that to Chief Winkelhake. And that no
prints had been made to the best of his knowledge.
Fort: Anything else?
This concludes the interview with Lt. Bok. Date is same, location is the same. Time
is 14:47.
I.A.I.R. # 96-10
DATE: 09-30-96
TIME:
PRESENT:
LT. FORT
LT. SELLERS
OFFICER GILLASPIE
All from the ICPD.
Also present a~e:
BRUCE WALKER the ATTY FOR OFFICER GILLASPIE
LOCATION:
THIS INTERVIEW IS WITH OFFICER GILLASPIE
REFERENCE T}~E SHAW SHOOTING
I.A.I.R. FORMS //3, #4, #5,& #6 WERE FILLED OUT OFF TAPE
FORM #7 WAS NOT USED.
RANK
NAME
BADGE NUMBER
UNIT OF ASSIGNMENT
SEX
RACE
DOB
DATE OF HIRE
DUTY STATUS
EMPLOYEE NUMBER
Do you remember the statement you ~ave to the DCI on
12 SEPT. 1996.
Is the~e anythint~ you would want to add to
the statement you ~ave to the DCI on 12 Sept. 19967
Is there any correction you wish to make to
the statement you ~ave to the DCI on 12 Sept. 19967
ADMINIITRATiVE IIRO~iiEDING PdGl'fT8
Given to Employee -
Date: Time:
Nlml of Employee
Rank hdge
Unit of A~ignmen~
Jeffrey A. Gil~laspie
Officer #03 3-11 Watch
Yo~ ere being advised of t~e following:
1. Any edmilsion m~de in the c~ur~e of thil sdmi~etrltivl ha~dng, ~' Interview may be
used es the basis for di~cipllnery measures including discharge or cusparraign.
You have the right to counsel of your choosing to be I~esent with you to advise you
at this hearing, examination or interview and you may consult with counsel/repreaen-.
tation as you deere.
You have i right to be given · reasonable tima to obtain counsel of yoedr own
choosing.
You have no right to remain silent at this administrative proceedings. You have an
obligation to truthfully answer questions put to you. You are advised that your
statements or responses constitute an official police report.
If you refuse to answer Guestions put to you, you will be ordered by a superior officer
to answer the ~lUeStion.
If you persist in your refusal after the order has been given to you, you are advised
that such refusal constitutes a violatim of the Rules and Regulations of the Iowa. C.ity
Police Department and will serve as e basis for your discipline.
Yiu are fur*d~r advised that by law any admi~sim made by you during the c~se of
this hea~ing, examination m imerview ~.nnot be used agah".st you in a subsequem
criminal pregeeding.
I, the Undersigned, do hereby acknowledge that I have been infmmed of the above righ13.
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
lAIR Fom~ e
ADMINISTRATIVE PROCEEDINC)
Name of Emp4oyae Rink
Jeffrey A. Gillaspie Officer
Unit of ~nment
3-11 Watch
D~penment ladicy provides that you Ix advlaed of the following:
1.
You have no right to remain alleat in an administrative investigation.
You have an obligation to truthfully answer questions put to you. You
are advised that your statements or responses constitute an official
p(dica report.
If ym~ refu~e to en~wer que~on~ put to you, yo~ will be ordered by a
superiof officer to en~wer the question.
If you persist in you~ refusal after the order has been given to you, you
are advised that such refusal constitutes · violation of the Rules and
Regulations of the Iowa City Police Department and will serve as a basis
for which your discharge will be sought,
You are further advised that by law any admission made by you during
the course of this edmini~trativ~ hearing of inten~ew ~ be used
againat you in · sub~equent criminal proceeding.
I, the Undersigned, do hereby acknowledge that I have been infmzned of the above rlgt~m.
'~'~ I~e of Empl(~ee
Printed N~
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
IA~ Form a
WAIVER OF COUNSEL/REPRF.~F, NTATION/REQUF. ST TO SECURE
COUNSEIJREPRF.~F. NTATION
Name of Employ~
Jeffrey A. Gillaspie
Rank
Officer
· of .4 ignm4 -
3-11 Watch
WAIVER OF COUNSE*L./REPRESENTATION
I, the Undersigned, hereby acknowledge that I have received and read the
charges/allogation~ agai~t me and I knowingly and voluntarily wish to proceed
with the hasring, examination, interview or interrogation withou~ having
counaellrel~asentation of my own choosing present to adv~e me during this
hearing, examination o~ interrogation.
Date/Time
(Signawe)
[ ] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTATION
I, the Undersigned, having been advised of my'right to co~nsal of my own
choosing at all haaringe, examtna~ons and intorrogationa in oo~tactio~ with the
charges/adlogatiorm agatrmt me which hav~ been gtv~ to me in writing and
receipt of which i~ hereby acknowledged elect to secure ttm sefvi~s of counsel
and egrN to p~ocl~d with ~sid haadng, txerninattoh or in~m~oga~ion .t
houri, ;11 I~ o in ROOm
, ~t which time said' , examination or
interroga~on ~ be cOmmenced. by pl~cing my sigrmture upon ~
statement, I affirm my wish to secure ~akl counsel and agr~ to comply wtt~
Department hearing, examination or intsn'og~l~on scheduled on th~ date
aforesaid.
Date/T~me
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
lAIR F~'m 4
NOTIFICATION OF COMPLAINT/INVEITIOATION
Name of Eml~o~a
Rank Bilge
Officer #03 3-11 Watch ·
Furthermore, Department policy provides that you have a right to be advised in
writing of the C~l~'~t'lodged against you prio~ to any interviews of you
concerning the allegation rngardles~ of the nature of the allegati~n and even if
the allegation ig m~ch that it will not result in the filing of cWninal c~argea ~ the
filing of separation charges.
Accordingly. you are hereby advised that the following illegal of improper acts
or allegesierra have been a~tributed to you:
Investigation of the Shaw shooting incident.
0§-30-96 23:45 Hrs.
1100 Blk. $. Gilbert St. Iowa City, Ia.
The undersigned hereby acknowledges receipt in writing of the charges
allegations against him~er.
WITNESSES
PREPARE IN DUPLICATE
Original copy to investigator's file.
Copy to employee.
RIQHI'O INVOLVING G'RIMINAI. PROS~¢UllON
Given to Employee -
Date: Time:
i~leme of Employee
Rank Badge
Unit of Asalgnn~ent
You are hereby advised that by law you are entitled to be informed of the following rights
prior to interrogation:
You have a right to remain silent. If you choose not to remain silent, anything you say
can be used as evidence against you in a court of law.
You have a fight to cc, neult with an attorney before answering any questions and you
have a right to have an attorney present during any questioning.
If you cannot afford an attorney, you have a right to have an attorney appointed to
represent you before any questioning begins. You also have the right to have the
appointed attorney present with you dufinq such questioning.
4. You have the fight to discontinue answering any question at any time you wish.
The law further provides that any admissions made in the course of any hearing, interrogation
or examination may be used as a basis for disc. lplinary measures including discharge from the
Dapa~b,ent.
I, the Undersigned, do hereby acknowledge that I have been informed of the above rights.
(Signature) /~
Printed Name of Employee
WITNESSES
PREPARE IN DUPLICATE:
Origir~l copy to investigator's file.
Copy to employee.
lAIR Fem~ 7
lAIR 96-10
09-30-96, 09:30
Interview of Officer GIIlasple by Lt, Fort and bt. Sellers
Fort:
This is It. Fort, Iowa City Police Department. This is Internal Affairs investigation No.
96-10. Date is 9-30-96. Time now is 09:30. Present are Lt, Fort, Lt. Sellers, Officer
Gillespie, all of the Iowa City Police Department. Also present is Bruce Walker, the
attorney for Officer Gillespie. Location is conference room, Bruce Walker's office
building. This interview with Officer Gillespie is in reference to the Shaw shooting. Off
tape, internal affairs fore'rs 3, 4, 5, and 6 were filled out. Form #7 was not used, but
will be included in the intemal investigation file. Officer Gillespie, what is your rank?
Gillespie:
Fort:
Gillaspie:
Fort:
Gillsspic:
Fort:
Gillaspie:
Fort:
GIIlaspie:
Fort:
Gillaspie:
Fort:
Gillaspie:
Fort:
Gillaspie:
Fort:
Gillaspie:
Fort:
Gillaspie:
Fort:
Gillespie:
Fort:
Gillaspie:
I'm a police officer.
Your name?
Jeffrey A, Gillespie.
Badge number?
Badge number 3.
Unit of assignment?
Assigned to the 3 to 11 watch, patrol division.
Sex?
I'm a male.
Race?
I'm white.
Date of birth?
I was born February 8, 1970.
Date of hire?
October 1st of 1993.
Duty status on the night of the 30th?
I was the 3 to 11 Fro.
Duty status now?
I'm on administrative leave.
Employee number?.
Uh, it's in my wallet, I'll check. Employee number is 28565.
OK, do you remember the statement you gave to the DCI on 12 September 19967
Yes I do.
Officer Gillaspie
09-30-96
Page 2
Fort:
Gillaspie:
Fort:
Gillasple:
Fort:
Walker:
Fort:
Is there anything you wish to add to the statement you gave to the DCI on 12
September 19967
No there's not.
Are there any correction you wish to make to the statement you gave to the DCI on
12 September 19967
No there's not.
Attorney Walker, is there anything you wish to adcl on the tape at this time?
The only thing is Jeff wanted to add one thing to the statement at the time it was
given, and I have advised him not to do that. And he's accepted my advice. There
is the one thing, but that's It.
This ends the interview.
lAIR 96-10
09-19-96, 05:17
Interview of Sgt. Jackson by Lt. Fort and Lt, Sellers
Fort: This is Lt. Fort, Iowa City Police Department. Internal affairs No. 96-10. Present in
the room are Lt. Fort, Lt. Seliers, Sgt. Jackson, all of the Iowa City Police Department.
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Date is 9-19-96, time is 05:17. We are going to be interviewing Sgt. Jackson reference
the night of the Shaw shooting. Sgt., what is your rank?
Sergeant.
Name?
Sid Jackson.
Badge number?
94.
Unit of assignment.
I'm assigned to the patrol division, late night watch.
Sex?
Male.
Race?
Black.
Date of birth?
7-22-57.
Date of appointment to the police department?
August, 1982.
Duty status, are you on-duty, were you active, or were you inactive?
Active duty.
Number of months in present assignment.
Two months.
And this is two months as a sergeant, right?
As a sergeant, yes.
Employee number?.
39589.
I would like you to tell us in your own words how you received the call the night of the
Shaw shooting and basically what you did and observed.
Sgt. Jackson
09-19-96
Page 2
Jackson:
Fo~:
Jackson:
Fo~:
Jackson:
Fo~:
Jackson:
Fo~:
Well, I had just started patrol, actually I had just. just gone out to the, and gotten into
the car and was beginning to start patrol, when I heard Officer Kelsay ask for an
ambulance to his location. At that time I didn't know his location because I hadn't
heard any radio traffic with him being assigned to a call. So then he asked for an
ambulance and a supervisor, made a second request shortly thereafter asking for an
ambulance and supervisor Code 3. At that time I was at the intersection of Gilbert and
Burlington and asked the dispatcher what was his location. At that time when I found
out his location I proceeded Code 3, lights and siren, to 1131 S. Gilbert Street. When
I got there I pulled up into the parking lot of the car rental place that's just north of
Ahrens Concrete. I observed two uniformed officers standing next to a squad car that
was parked in front of the building. It was Officer Zacharias and Officer Gillaspie.
Officer Gillespie appeared to be highly agitated and then I looked to the doorway of
the building, just to the east and Officer Kelsay standing in the doorway. I, uh, briefly
just looked over at Jeff Gillespie and Dardn Zacharias, then I went to where Kelsay
was and when I got to the doorway I observed subject laying in the doorway itself. He
was covered with blood from neck to about the mid-thigh area. He was on the ground.
Didn't appear to be b~eathing. I asked Officer Kelsay what happened. At that time I
had heard, in transit I had heard comment from Officer Kelsay about shot center mass.
And figured out that the pereon that he was talking about was laying on the ground.
I asked him what the condition of the person was, he said "1 couldn't get a pulse." t
said, 'Recheck." He checked again while I was standing there and he said there's no
pulse. And about that time Gillaspie became aware that the subject had been shot.
Also pdor to that I asked where Gillaspie's weapon was. Kelsay said he had the
weapon. I told him to hold onto it until we got things sorted out with the ambulance
and...ambulance, then Officer Prestegard arrived. I had Prestegard put Gillespie in his
car and ambulance personnel and fire personnel for some reason had parked there,
had, I don't know if they staged or what they did, but they were in the parking lot at
Stier's at Kirkwood and Gilbert. I had them come down to our location and also asked
for Lt. Johnson to come to location also.
When you asked Kelsay what had happened, how did he respond?
He said he didn't see what happened, he said he heard a shot, he saw Gillaspie
double over and lay his weapon on the ground, and back out of the doorway. He said
at that time he didn't know if Gillaspie had been shot or Gillaspie had discharged his
weapon. He said he retrieved the weapon and had Zachafias stay with Gillaspie while
he checked the victim.
Did Kelsay say what condition the weapon was in when he picked it off the ground?
NO.
Anything else strike you as abnormal?
[Pause] No, I asked Jeff what happened, I said your going, you know, just tell me
what happened. And he said that he was opening the door and he saw the person on
the ground, or he saw the pemon, a person in a door and he was surprised or startled
and saw his, saw some hand movement and he said he shot him. He, let me retract
that, he didn't say that he shot him but he said that he didn't know it was a telephone,
it was a phone. He said he saw a phone after he had shot him.
Did you interview Gillaspie at the scene or just asked him what was..
Sgt. Jackson
09-19-96
Page 3
Jackson:
Fo~:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Jackson:
Fort:
Sellers:
Jackson:
Sel(ers:
Jackson:
Fort:
I just asked him what happened, because Kelsay said he didn't see it. He said that
he wasn't in a position to see what was in the doorway when Gillaspie opened the
door. I didn't have a chance to talk to Zacharias before.
What happened to Gillaspie after you talked to him?
I had him go to the car that Prestegard, Officer Prestegard was driwng He was
driving an unmarked. I had him stay with Gillaspie because Gillaspie became upset,
even more upset when he found out that the victim was dead.
How long did Prestegard and Gl',laspie stay at the scene, if you know?
I couldn't tell you. I don't know.
Who brought Gillaspie to the Police station?
I did with Officer Prestegard.
Was there anything said enroute with you were in the car?
Nothing other than Gillaspie was upset. We were trying to get him to calm down and
to...
Nothing about the incident?
No, we didn't discuss the incident at all. No, no discussion about the incident.
Anything to add?
When you were first talking about It, you mentioned before about, he didn't know it was
a phone until later. What did he say initially?
He was, uh, initially he said that he saw, he saw his hand, he saw his hand move. or
he saw some hand movement and he saw some hand movement and he said he didn't
know it was a telephone. It was after he said that he was on the ground that he saw
it was a telephone.
Did you get the impression he might have thought it was a weapon?
Yes. I got, and I don't want to read too much into it, but I got the impression that Jeff
was, was startled as he was opening, opening the door. That, that he, he thought, he
thought that somebody, that somebody was being aggressive towards him. That, I
think it was a combination of him opening the door and that person being inside the
doorway at the same time, and then the hand movement. He mentioned something
about his hand oomlng up quickly, or the hands coming up and he said he didn't
realize it was a telephone until after he had shot him and that he was on the ground.
I'm going to ask you an opinion question, an opinion only. Did you get the indication
from Gillaspie that the shot he fired was a deliberate act on his part? Or an accidental
discharge from being startled? And this is an opinion of yours.
Or maybe you didn't get an impression.
Sgt. Jackson
09-19.96
Page 4
Jackson:
Fort:
Sellers:
Jackson:
My, my impression is, it was, it was, it was a reflex, it was almost as if he saw some
hand movement at the same time that he was opening the door. It, they were
investigating an open door and I don't think that he expected, given the times that we,
or officers I would say going to open door situations, expected to find, I mean if you
find someone you don't find someone standing right inside the door. And I think that
he probably wasn't mentally prepared to find someone standing right there in the
doorway.
The indication I got that the person standing inside the doorway made some sort of
movement to him that indicated a threat. That's, That's the impression that I got from
Jeff. Whether or not he intended to discharge the weapon I don't know, I don't know.
OK. Again, this was just an opinion question.
Did they indicate they'd said anything as they were entering the building.
From what, from what I could get from Troy's conversation and from Jeff's, there was
no time at all. They had just propared themselves for entering the building. Uh,
Gillespie took the point, Kelsay and Zacharias both took positions to the side of the
door. Uh, so that when Gillespie went to open the door it happened so quickly, none
of them had a chance to really observe what Gillaspie was seeing. Kelsay said that
night I don't kPow what he saw, I didn't see it, I couldn't see it. It happened so quickly.
Sellers:
Jackson:
Sellers:
Jackson:
Sellers:
Jackson:
Fort:
But they never said anything.
They never, they never said ....
police.
No vocalization of any kind. It didn't even sound like the door was even open that
much when this all happened.
Did Jeff say anything else to you later during the course of the...time you first arrived
until you left him off at the station?
Other than a lot of, expressed quite a few feelings of, of regret, guilt, feeling. He was
really upset and that's what we talked about. It was his being upset and trying to get
him to calm down, because he just basically changed from the time. His physical
appearance changed and you could tell he was really upset. Ancl my concern at that
point was making sure that he either didn't hurl himself or just lose control completely,
so that he wouldn't be able to either talk to the investigators who were called in or
anybody else.
This ends internal investigation Interview with Sid Jackson. Case No. 96-10, this
conducted in the watch commander's office, Iowa City Police Department. Time is
now 05:32.
I.A.I.R. #96-I0
DATE:
TIME:
PRESENT:
LT. FORT
LT. SELLERS
OFFICER KELSAY
All from the ICPD.
LOCATION:
This interview is with Officer Kelsay
RANK
NAME
BADGE NUMBER
· UNIT OF ASSIGNMENT
SEX
RACE
DOB
DATE OF HIRE
DUTY STATUS
HOW LONG IN PRESENT ASSIGHMENT
BEFORE PRESENT ASSIGHMEN WHAT WERE YOU DOING
EMPLOYEE NUMBER
TELL US IN YOUR OWN WORDS WHAT HAPPENED THAT NIGHT STARTING
WITH WHY YOU WERE WORKING.
DID YOU FIND THE DOOR STANDING OPEN OR CLOSED BUT UNLOCKED
DID YOU HEAR ANYONE IN THE BUILDING
DID YOU OPEN THE DOOR PART WAY BEFORE YOU CALLED FOR BACK-UP
HOW LONG AFTER BACK UP ARRIVED DID GILLASPIE OPEN THE DOOR
HOW FAR WAS THE DOOR OPEN WHEN THE SHOT WAS FIRED.
DID YOU HEAR ANYONE SAY ANYTHING BEFORE THE SHOT WAS FIRED.
WHAT WAS SAID BY ANYONE RIGHT AFTER THE SHOT WAS FIRED.
DID GILLASPIE DROP HIS WEAPON OR LAY IT DOWN.
WHAT CONDITION WAS THE WEAPON IN WHEN YOU RECORVERED IT.
DID GILLASPIE MAKE ANY STATEMENTS TO YOU AT THE SCENE.
IN YOUR OPINION WHY DID GILLASPIE FIRE HIS WEAPON.
Given to Employee -
Date: ~ ..... ~ Time:
Nlml of Employee
Bedge
Unit of Aalignment
Troy A. Kelsay
Officer
De~ectives/Gangs
You ere being advised of t~ following:
Any admL~im~ m~cle In the cQ~rae of this edmi~et~etJve hemtng, ~ Interview n'~y be
used as the basis fat disciplinary measures including discharge of euepanaiofi.
You have the right to counsel of your choosing to be l~esent with you to advise you
It this hearing, examination or interview and you may carmuir with counsel/represan.,
tation as yo~ driers.
®
You have I right to be given a reasonable time to obtain counsel of your own
choosing.
You have no right to remain silent at this administrative proceedings. You have an
obligation to truthfully answer questlofts put to you. You are advised that your
statements or responses constitute an official police report.
If you refuse to answer questions put to you, you will be ordered by a superior officer
to enswer the question.
e
If you ~f~t i~ your refusal after the o~der has been given to you, you are advised
that such refusal constitutes · vtolstto~ of the Rules and Regulations of the Iowa,C.ity
Police Department and will serve as I basis fo~ your cliscipiine.
Y~u are furt~r edvised that by law any edmiMion made by you during the cmJ~se of
this hearing, examinafim~ m' intewtew cannot ba u~l against you in a subsequent
criminal ptogeeding.
I, the Ur~lers~gnad, do hereby acknowledge thet I have been infmTned of the alive right3.
Pfinte~l Name of-Employee
WITNESSES
PREPARE IN DUFq. ICATE:
Original copy to investigator's file.
Copy to employee.
ADMINISTRATIVE PROCEEDING
Hlme of Employee
Troy A. Kelsa¥
O~£~cer
Unit of ~
Detectives/Gangs
D~l~rtment policy p~oviilee that yo~ be advised of th~ following:
You have P,G right to remain silent in an administrative InvestJostling.
You have an obligation to truthfully answer questions put to you. You
are advised that your statements or responses constitute an official
p~lice rep~'L
If you reErsa to answer questions put to you, ym~ will be ordered by a
auperio~ officer to answer the question.
If you persist in your refusal after the order has been given to you, you
are advised that such refusal constitutes a violation of the Rules and
Regulations of the Iowa City Police Department and will serve as a basis
for which your discharge will be sought.
You are further adv~ed that by law any admisaio~ made by you during
the course of this administrative hearing or interview eann~ be ~ed
against yo~ in a ~ubsequent criminal I~OCeedlng.
I, ttm Undersigned, do hereby acknowledge that I hav~ been k~fmmed of the atmv~ right~
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigstor's file.
Copy to imployal.
I~,;'-' t h.~.~%"':
Printed Name of Employee
lAIR Fo~m B
WAIVER OF COUNSELJRIEPRrr~ENTATION/REQUEST TO SECURE
CO UN 8EI. JIilEPRESENTA'I1ON
Nlme of EmpioyN
Rank
Officer
· Unit of AMtgnm4fit'
Detectives/Gangs
[ ! WAIVER OF COUNSE~JI~EPRESENTATION
l, the Undersigned, hereby acknowledge that I have received and read the
chargea/allagitions against me and I knowingly and voluntarily wish to proceed
with the hearing, examination, interview cr interrogitio~ without having
counsel/repreeentitiofi of my own choosing present to advise me during this
hearing, examinatien or interragaticm.
Date/Time
[ ] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTATION
I, the Undersigned, hev~ng been echa~ed of my'right to coun~l of my own
choo~ng at all hearings, ex~minit~ona and intarrogitio~ in cm~nectim with the
charges/allegitiofi8 against me which hev~ been givm to me in wri~ng end
receipt of which i$ hereby acknowledged elect to ~ the a~ of cQ~z~el
· It which time said' !~.tng, ex~mlnalJon or
intarrog81~,)n ~ be commenced. by p4~ing my lignitu~ upon
statement, I affirm my wish to ~ecum Mid counsel and agree to cronply with
Departmm~t hearing, axaminitim or interrogitJ~ scheduled m the date
aforesaid.
Date/T~me
(Sagnat.re)
WITNESSES
PREPARE IN OUPt. ICATE:
Original copy to investigator's file.
Copy to employee.
~AIR Fm~n 4
NOTIFICATION OF ¢OMPLAINT/1NVEITIGATiON
~l.mt-of Employee
Rank I~d~e
Troy A. Kels_a¥ Officer #43
Detect~ve/Gah~p
Departmont pelidy I~'ovidss that if y~u am to be charged with I {~mlnal offense
o~ if your Sel~ratiofi from the I~pa~mlfit wfil be sought, you am to be tdviled
in writing of the specific illegal o~ imm'ol~r ~cte slleged agairmt o~ at~ib~ted to
yogi.
Furthermore, Department policy provides that you have a right to be advised in
writing of the co~plsint ledgad egainit you prier to any interviews of you
concerning the allegation regardless of the nature of the allegation and even if
the allegation is such that it will not result in the ~ing of criminal charges or the
filing of separation charges.
Accordingly. you are hereby advised that the following illegal or improper acts
or allegations have bean attributed to you:
Investigation of the Shaw shooting incident.
08-30-96 23:45 Hrs.
1100 Blk. S. Gilbert St. Iowa City, Ia.
The undersigned hereby 8cknowledge~ receipt in writing of the charges or
allegations again~ him/~r.
WITNESSES
Z/-~--'~
PREPARE IN DUPLICATE
(Signature) -~.
Original copy tc investigator's file.
Copy to ampioyes.
RIQHT~ INVOLVING G~IIIMINAL IIROaECUTiON
Given to EmI~oYN -
Time:
Name of Employee
Rank ~dge
Unit of Aulgnment
You are hereby advised that by law you are entitled to be informed of the following rights
prior to interrogation:
You have a right to remain allant. If you choose not to remain silent, anything you say
can be used as evidence against you in a court of law.
e
You have a right to consult with an attorney before answering any questions and you
have a right to have an attorney present during any questioning.
If you cannot afford an attomay, you have a fight to have an attorney appointed to
re~asent you before any questioning begins. YOU also have the right to have the
appointed attorney present with you during such questioning.
4. You have the right to discontinue answering any question at any time you wish.
The law f~lJ,er provides that any admissions made in the course of any hearing, interrogation
or examination may be used as a basis for disc. iplinary measures including discharge from the
Deparbr, ent.
I, the Undersigned, do hereby acknowledge that I have been informed of the above rights.
(Signature)
WITNESSES
Printed Name of Employee -'
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
UUR Farm 7
lAIR 9~.10
09-19-9~, 16:16
Interview of Officer Keleay by Lt. Fort and Lt, Sellers
Fort:
Kelsay:
Fort:
Kelsay:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
This is Lt. Fort, Iowa City Police Department, Internal Affairs Case #96-10, date is 09-19-96,
current time, is 16:16. Present are Lt. Fort, Lt. Sel!em, Officer Kelsay, and Officer Huff. acting
as a Union representative. All are from Iowa City Police Station, Iowa City PD. Location is the
Intoxilyzer Room, Iowa City Police. This interview is with Officer Kelsay.
Off tape we went through the notification forms, forms 3, 4, 4 and 6. We did not not use Form
7. We'll start the interview now with Officer Kelsay.
Your rank?
Poise Officer with the City of Iowa City, currently assigned to Investigations.
Name?
Troy Allen Kelsay
Badge number?
Sex?
Male
Race?
White
Date of Birth?
1-20-62
Date of Hire?
July 29, 1991, I believe.
Duty status?
Administrative leave, currently.
How long in present assignment?
The 29th of last month was my first date in Investigations.
How long before the present, what were you doing before your present assignment?
Assigned Uniformed Patrol, uh, current assignment was to the clay watch and bike patrol.
Employee number?.
43221.
Do you want to tell us in your own words what happened the night of the Shaw shooting.
starting with why you were actually working.
Officer Kelsay
09-19-96
Page 2
Kelsay:
The night before, I had gone out with Investigator Krei to keep an eye on some potential
suspects, more likely they were not doing the burglaries, but if nothing else we could ehminate
them as suspects. On this particular night, the night in question, the 30th Friday n~ght, while
I was working that day I had been informed by Lt. Johnson that Sgt. Wyse was planning on
going out and working a burglary detail again that n~ght. And Lt. Johnson was thinking of joining
him. He asked if I was interested. I said that I might have some other conflicts, I was working
the Fdday night concert that particular night. I worked the concert from 5:45 until 10:00 pm with
Ofhcer Miller. Came back into the Police Department and down to the locker room to change
where Lt. Johnson was also changing clothes, and asked me if I had reconsidered and was
going tO join them. I sa~d I wasn't sure but if there were two of them going out already, LI.
Johnson and Sgt. Wyss, that probably I would not be joining them.
After I changed, I came back up to my office and placed a call to my wife at, I beheve it was
22:22 hourS. She was already asleep when I called her. i told her that since she was already
in bed, if she didn't mind I was going to go out with Johnson and Wyse for a while, and she said
that was fine. I caught up with Lt. Johnson and Sgt. Wyse in Sgt. Wyse' office. I learned that
Officer Prestegard was also joining them, it was his early night. He was in plato clothes. They
were all going out individually. I informed dispatch that I would also be out and I proceeded to
drive by several houses in the vicinity of to check on some potential
suspects, whether they were in or out. The vehicle that I was looking for that n~ght belonged
to was already gone from his residence. I drove down to the Soho's lot and
looked there, just kind of because th-3t was an area I was going, and I parked my car at the
Johnson County Department of Public Health building in that parking lot and got out and just
began to walk the businesses and check doors in that general vicinity.
Uh, I worked across the railroad tracks and worked the businesses that run along Gilbert Street
and farther north, Maiden Lane. I walked the alley that runs north-south on the east s~de of
Gilbert Street, uh, checking businesses as I went. When 1 got to Benton Street I turned west,
crossed Gilbert Street, and as I neared Dubuque Street I started working the businesses that
are there on the west side, I'm sorry, the east side of Dubuque Street. I started working those
back to the south. There I found my first open door, I believe the name of the business is
Genesis, I'm not sure of the address. It's right there on the southeast corner of Dubuque and
Benton. The door was closed, there was no sign of forced entry. However, when I stood to the
side and turned the knob, it was not locked. I stepped back, walked around the building, there
were no lights on. Again, no sign of forced entry. Went back to the door, stand~ng to the side,
I turned the knob and pushed it open. I stood there and listened, didn't hear anylh~ng. I stuck
my head in the door and shined with my flashlight. There was one door that went from the
garage area into the business. I checked that door. It was secured. I let myself back out the
way I went in. and proceeded with my building checks. It appeared that it had been either
intentionally or inadvertently left open and had not been forced.
Continued to work those businesses to the south, uh, when I came to the ~ntersechon of
Kirkwood and Dubuque I encountered the only people that I ever actually had any contact w~th
that night. They had stepped over the railing at the bddge there and were s~thng on one of the
concrete pilings and I kind of startled them when I went by, it was a young couple. D~dn't have
any conversation with them other than, kind of laughed at them and with them, so I walked by.
Got to Kirkwood and went east, uh, past what is it R J, JR Insurance. I checked the doors on
that and when ] got to Gilbert Street I turned back to the north and went and checked that httle
building there that s~ts kind of across from McDonald Ophcal, it's got a hair salon place m ~t ancl
a couple of other businesses that had been burglanzed [n the past. That was secure. so then
I doubled back to the south, uh, passing behind Aero Rental, checking their doors. Over to
Dodge Cleaners at the ~ntersection of Gilbert Street and First. Found an open exterior Ooor
there that I had found in the past, I knew to be commonly left open. Ire a steel extenor door
with a deadbolt that accesses a entry area where there are three more hollow core doors, one
Officer Kelsay
09-19-96
Page 3
goes into the business, one goes upstairs to an apartment. and one goes just to a lilZle storage
closet. Again, that door was unlocked, which wasn't unusual I stood outside and hstened.
There were no lights on inside. I pushed the door open a little more, stuck my head ~n and
shined my flashlight, there wasn't anything extraordinary there. Stepped inside. tried all three
of those hollow core doom, all of them were locked. I let myself back oul, closing the door
behind me.
I then crossed Gilbert Street to Budget Car and Truck Rental, and beginning with that building
started checking buildings to the south along Gilbert Street, there on the east side. Checked
Budget Car & Truck Rental and started going over towards the nexl building. which would be
Ahrens Concrete actually, or at least that's what I call it. As I approached there is a door on
the north side of the building. The side of the building that the north, thars set toward the back.
Uh, there iS an extedor light that is on the northeast comer of that building, that was on. There
were lights on inside the bu[!ding in the back half of the building, there's two windows on the
north side, I believe two windows. But one of which had lights, that in fact most of it had light
coming out of it. It has some shelving or plywood or something that covers it up until 7 feet
maybe. All I could see in was the upper portion of the interior of the building. Only th~ng that
I remember even taking note of was there was parts of model airplanes, the kind that fly, there
was a fusilage that I could see from there.
As I neared the door, it became apparent that it was open and it was standing open. The door
opened inward. It was standing open, uh, approximately 3/4 of an inch, half-inch to an inch.
There was light coming out of that door. I could not see anything inside the door except the
door jamb or wall just inside the door. Uh, I walked up to the door quietly, took a quick look.
There were several marks along the jamb - the door opens in and the marks were, would be
on the opposite side of the way the door opened. They could not have been made by the door
opening and closing. These marks, there was one near the strike plate and there were some
a little higher up too. I did not stand there. I was dressed in dark clothing. I d~dn't have
anything on me that readily identified me as a Police officer and I didn't have my vest on, as
I wasn't planning on doing any, anything that I needed that type, my job was basically
surveillance that night.
Uh, stood, stepped away from the door and stood there for a moment. D~dn't hear anything.
I had brought a cell phone and portable radio with me. As I walked around the back of the
building there were two more windows that had light coming out of them on the back of the
building, that wou~d be the east side. Those also had shelving or plywood or something covering
them except for the very top part of the window. Again, I couldn't see any body or any
shadows, I couldn't see any sign that anybody was inside the building. I noted that there were
more, there was the wing of a model airplane that I could see out of one of those. The only
thing that I remember as far as what exactly as saw. While I was back there I was calling ~nto
the Police Department. Laurie happened to answer the phone. Uh, I identihed myself. told her
I was in plain clothes, that I had found an open door and I was requesting that she dispatch by
MDT a marked unit to assist me with an open door. I also ask that she let Sgt. Wyss know by
MDT that there was, that what I was out with and where I was at. The reason I p~cked Sgt.
Wyss is I knew that he was driving the unmarked car that had the MDT in it, so I knew that she
could contact him by MDT and let him know that. While I was on the phone w~th her. I
continued to walk around the building. Back past th.e door and I swung really w~de m the alley,
so that if somebody came out it would just appear that I was walking past. Walked around to
the front where I got the correct address for her, I thought it was part of Ahrens Concrete. its
the section of the building that is directly behind Ahrens Concrete. and Ahrens is 1130 S.
Dubuque, I'm sorry S. Gilbert Street.
Gave her that address, I hung up from her. Found the open door and started the call at using
the times that are on the tape, and extrapolating back from there, it would have been at 23:42,
Officer Kelsay
09-19-96
Page 4
I found the open door and started to call it in. When I hung up with Laune ~t was 23:43. It
wssn't but a few seconds later I saw a marked patrol car northbound on G~!bert Street,
approaching me. I stepped out to the curb and flagged it down. I had no idea who was dnving
it or who was in it. It pulled into the alley there and stopped along s~de, along the north s~de
of Ahrens Concrete, and about even or just past the front edge of the building. It d~d not drive
back to where the open door was.
It was occupied by Zachafias. who was ddving, and G~llaspie, who was the passenger. Jeff got
out. I was. already had my portable out and was waiting for a break in radio traffic to adwse
dispatch that I had a uniformed unit on the scene, a marked unit on the scene. Uh, I pointed
back to the door and said something like 'Open door" to Jeff. About then I could get on the
radio, I said something along the lines of "City. you can disregard my request. 2 and 12 are with
me.' And Jeff corrected me and said '3 and 12'. And as I was saying this on the radio Jeff
had started to walk over to the door. I followed Jeff and Zachadas was with us, somewhere.
Got near the door, Jeff unholstered and had a flashlight out. I had my flashlight out. Also I
bolstered and I stepped around to the back side of the building, the east side of the building.
My intention was to stay around the comer and my initial thought was to let the two uniforms
take it. Investigate it however they saw fit. Jeff was looking at the door. He was bent down
looking at the marks on the door. Or at least that's what it appeared to me he was doing. I
looked back to the patrol car, or to Zacharias, and Zachadas had gone back to the patrol car
and was digging inside. It looked like he had forgot his flashlight and was pulhng ~t out. And
it's taking me much longer to tell you than it actually took to occur. It occurred to me that
Zacharias had very little time on with us and that for safety reasons it probably d~dn't make a
lot of sense for him to go in with Jeff. So I stepped back around to the north side of the budding
and stood as you face the door, immediately to the left of the door with my back up against the
door. I did have my pistol out, as a said, and I had it pointed at the ground in front of me.
Jeff was dght in front of the door, still kind of bent over a little bit. and i'm not sure where
Zacharias was. He was some place between Jeff and the squad car, I don't know it he actually
made it up to the building and was on the other side of Jeff or not. About that time Jeff reached
out his hand and from where I was at it looked like he started to push the door open and almost
immediately there was a shot. Uh, I was not sure. I never saw a muzzle flash, I never saw him
pull the trigger. I never, I didn't know who had fired a shot. I heard it and ~mmediately Jeff
started to back away from the door. He was k~ncl of bobbing up and down at the waist. He had
dropped his pistol, it was laying on the ground just outside the door. Uh, he was saying a
bunch of stuff, most of which I couldn't understand, but what I could understand was "Oh fuck,
Oh fuck, Oh fuck'. I wasn't sure whether he had been shot in the stomach or if he had shot
somebody, uh, when the shot went off I flattened myself up as flat as I could against the wall.
As Jeff backed away then, I did swing around, brought my pistol up to the door, and ptvoted
away from the wall, SO that I could look at the door. Jeff had pushed it open. Actually pushed
it from where I had originally seen it, maybe 8 to 12 inches. But there is a wall just ~nside that
door that extends maybe 8 inches, so even though it was pushed open maybe a foot more than
it had been, it actually was only open into the room maybe 4 to 6 inches.
As I swung around and was able to look in that crack, I saw the top part of Er~c Shaw's head.
He was lying on the ground just inside the' door. His head was against the door and ~t wasn't
touching the wall, it was pretty close to touching the wall. He was lying on his right s~de. I could
see the top ol his skull and then, oh like down across the ears and about to the jaw line, or the
angle I had. His eyes were open and fixed. He appeared to be gasping or hawng some k~nd
Of convulsions. I looked back tO Jeff at that point. He was continuing to back away from the
door. He was fumbling with his mike, trying to talk. That might have been even what brought
my attention to h~m, I'm not sure. I sa~d something to him hke "Jeff, I'll take care of ~t" or "Jeff,
I've got it". He continued to say a bunch of stuff that I couldn't understand. But, now part of
what I could understand was "Help him, help him, help h~m". Uh, I went ahead and pushed the
Officer Kelsay
09.19-96
Page 5
door open. I had to push it past Shaw and could see that he had a lot of blood coming from h~s
chest or stomach area, somewhere in the front, he was lying in the fetal pos~bon. I told
Zacharias to stay with, I'm not sure the exact order of this because it all took place so fast, but
I told Zacharias to stay with Gillaspie. I got on my portab!e radio and told C~ty that I needed an
ambulance immediately or right now, something like that. And that I needed a supervisor. I
didn't wait for them to acknowledge. I don't know if I set my radio down or stuck ~t back m my
holder, but, uh, while I was talking to them I was looking into the room, and there wasn't
anybody else apparent in what I could see of the room, and I quickly discounted, discounted
it as a threat. I figured if there were bad guys in there, if this was a bad guy and them were
other bad guys in there, that they had found another way out. There wasn't anybody coming
at me. if there were people that belonged in there, if this guy belonged in them, they'd be
coming out to investigate. Uh, and I'd deal with them when they got there.
I went straight to Shaw, uh, was reluctant to roll him over because if it was a chest injury and
it had punctured a lung I didn't want to roll him over and have his lungs fill tip w~th fluid. I tr~ed
to get a pulse while he was lying there on the ground. Uh, I wasn't able to get a pulse. I tried
a few times or whatever, I tried in that little short span of time. When I wasn't able to get a
pulse, I picked the radio back up, asked City if they'd acknowledged, or if they'd cop~ed me.
Jason said that he had. I repeated that I needed everybody Code 3. It was for a gunshot
wound. He asked ff I had any additional. I told him that it was a gunshot wound to. I was t~/mg
to look at that point to see where it was, and I said 'center mass" because I couldn't tell, there
was a lot of bleeding. Uh, center mass, single gunshot wound. He acknowledged that. I put
the radio back down and I tried to, there wasn't very much room, there was a lot of clutter inside
the shop area. There was a bench just behind the door, so it would only open about 90
degrees, and to the dght Of the door was you went in there was a makeshift table that had been
made out of some kind of flat surface, placed on a couple of metal sawhorses. There was
some, some boxes of something laying there on the ground just underneath that. Where he
had fallen was really the only place to walk. I did notice that there was a phone, a wal~ phone,
thal as I went in was just to the right of the door and the receiver was dangling down there, next
to the wall, next to his head. Uh. I didn't pick up the phone. I never heard anybody on it, but
I never checked to see if anybody was there. I didn't know ff he was talking to somebody or
if he had knocked it off in the fall, or if it had been that way to start with, I wasn't concerned
about the phone.
Uh, pushed enough of the stuff away that I could kind of roll Shaw over, it was apparent that,
I hadn't found any pulse and I had, I'd made the determination that what I was obserwng wasn't
breathing. it was more just muscle spasms. I tried to straighten him out and roll h~m over onto
his shoulder blades as much as I could as a and again check h~s pulse. Again, I couldn't
find one. Uh, I could see a wallet in his back pocket, his hips were still kind of over on their
side. Took his wallet out and about then Sgt. Jackson was arriving. Uh, I called h~m over to
where I was. He never came ~n the building. I may have stepped outside and sa~d, I don't even
know what I said, it was ve~ quick. "We were here for an open door, we started to go ~n and
Jeff fired a shot, apparently hitting this guy', or something like that, I'm not sure what I said.
But a very thumbnail sketch of it. I dug out an Iowa dnver's license out of the wallet that
identified this guy as Eric Shaw and I gave that to Sgt. Jackson and he went away, I don't know
where he went or what he was doing. But I went back to Shaw. I pushed the clutter as far
away as I could. I pushed that makeshift table over against the wail. I shoved the boxes out
of the way. There was a httle, I think it was a Rubbermaid type footstool that stands about 10
inches off the ground and il opens up and stores just a few rtems. Picked that up and moved
it out of the way so that i had a little work space that I could actually roll Shaw over onto h~s
back. I did that and started to check for vitals again and about then the first medical umt started
to arrive on the scene. Fire and ambulance, I don't know who was first. I remember seeing
Fire people, or dealing with Fire people, but I know ambulance was them also. And as soon as
they got there and started to attend to Shaw, I exited and started locating the other supervisors
Officer Kelsay
09-19o96
Page 6
who were showing up. Sgt. Wyss, Lt. Johnson, Sgt. Steffen. I know that Ofhcers Heard and
Prestegard were there briefly, I don't actually recall Prestegard but I know that he, he took
Gillaspie away, but I know Heard was there and Lippo!d showed up at a later hme. Somewhere
during all of this Lippold asked me if I needed a supervisor, er if I needed a CST and I told h~m
I needed a supervisor, Put that would have been just before Sid got there. I guess.
Uh, ambulance people d~d a quick assessment of Shaw and said that there wasn't any use ~n
trying to do anything for him. He was beyond that. They were removed from the scene, er from
the inside of the building. They provided, my hands and arms were covered w~th blood and
they provided me wilh a towel and some alcohol to t~y to clean that off as best I could. Uh,
after they were done the ambulance, I don't know if that left or not. Fire pul~ed away, but they
cleared the immediate area around the door. I had been looking for the shell casing. I found
it on the gravel drive underneath where the ambulance was parked, when the ambulance left
I found it. Dug out a plastic, era paper cup from some brush nearby ancl sat it over the shell
casing and pointed it out to Sgt. Wyss. Uh, I had after my initial assessment of Shaw, I had
picked Gillaspie's pistol up and tucked it in my belt. It was to my recollection, hammer down
and decock lever up, it was in the ready to fire position. Uh, I don't, I don't remember Jeff
alecocking it, I don't think he had time to do it. I don't remember decocking it. I remember
looking at it on the ground and thinking, all right there it is, I need to take care of it as soon as
possible, but first I want to check Shaw. I remember it being hammer down.
After everybody left and we were securing the scene there were, there was at least one person
w130 had come from those apartment, dght there on First Street that sit to the east of Budget
Rental. I'm not sure who talked with that person. But because of the proximity of those
apartments I reached in and shut the light off inside the building so that gawkers wouldn't see
Shaw laying there. DCl had already been called, I was told that. I had asked for a sheet or
actually the ambulance people volunteered to leave a sheet and I took it. I didn't want to cover
Shaw, didn't want to contaminate the scene any more than I had to, I just laid it on the ground
outside. When Wyss sometime later informed me that the family was on their way down, I went
over and with some gauze, with some tape I guess, that the ambulance had left and with that
sheet, I taped the sheet over the exterior of the door so that the family wouldn't see their son
in there. and have to deal with that. And I figured it did not very much contaminate the scene,
it didn't change the way the door was or anything inside there. Eventually the family did show
up. They both charged the police tape. Three of the officers, er supervisors, three people there
restrained the father and escorted him back out. Uh, myself and Sgt. Wyss d~d the same with
the mother. I had earlier made an observation to Sgt. Wyss that Shaw Shaw that
Zacharias when left alone seemed to be get'ting a little shock, the color seemed to be d raining,
draining from his face and uh, when he was interacting with people he was doing alnght. After
the family got there and charged the scene I sa~d something along the lines of "He doesn't need
to be here to see this' and you know, and I don't either. At which point, I don't know, I think
Steffen breuglnt Zacharias in, I'm not sure. But we said why don't you go on back to the Polme
Department and I came back and the DCI was arriving about time and I dealt w~th Klsner, told
him what had occurred. took him down and drove him around where I had walked. Went
through the interview with him. He asked that I stick around until they were done processing
the scene down there so that 1 could go in and show them to the best of my recollecbon where
exactly things were and what I had moved, what I had touched. I told h~m what I had moved.
I told him that I had removed Shaw's glasses and set them up on a bench. Uh, so I d~d that.
While I was waiting I filled out my report and about 8:00 they called me down to the scene. I
walked through it with them and about 9:00 then I got out of here to go home.
At no time when I was outside the building, either when I was by myself or when Jeff was there,
Jeff and Darren. did I ever hear or see anybody inside. Uh, the first bme I knew somebody was
inside was after the shot was fired by Jeff, I know that now but I didn't know it at the hme. But
Officer Kelsay
09-19-96
Page 7
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
after a shot was fired and I pivoted around the door, I could see Shaw, Shaw laying on the
ground just inside the door.
It's your statement that the door was 3/4 inch open at the time you hrst saw it. approximately'~
CorreCt.
Did you open the door any further before you called for backup. or while you wa~ted for backup'~
No I did not.
But you did listen and didn't hear anybody inside talking or any commotion?
Correct, I didn't stand there for any length of time. I walked out, took a look at the door. the
jamb, like I said I noted some marks on it. I never illuminated them with my flashlight. i
stepped to the side of the door for a few moments, maybe 5 to 10 seconds. D~dn't hear
anything and proceeded on around to the back to try to look in the back. In that brae I never
saw or heard anybody.
About how long after backup arrived, i.e. Gillaspie, Zachiadas, before Gillaspie actually pushed
the door open? If you recall.
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Uh, when I flagged them down I pointed out at the open door, at which time he and Darren
started to get out of the car, if they hadn't already. I was calling in the, that 2 and 12 were with
me. Jeff was still at the car walking away from it enough that he could catch me and say, "3
and 12' not 2 and 12. While I was completing that transmission he walked over to the door,
probably took five seconds to walk over to the door. He probably spent another 10 seconds at
the door. It was enough that wherever Darren had gone to, he realized apparently that he
forgot his flashlight and went back, I had stepped around the back comer of the building,
decided that wasn't the best taCtically, that I should be Jeff's backup, not Darren. And stepped
around, I would say, I would say about my best guess would be a minimum of 20 seconds and
a maximum of 30 seconds, between the time that Jeff started to walk from the squad car to the
door, to the time thai he started to push the door open.
And you think Gillaspie stood by the door, viewing the door, maybe 10 seconds'~
Yes.
And he was close enough to the door at that point when he was bending down, he could have
heard voices inside, had their been voices, or should have been able to?
The alleyway, there's a gravel alleyway or drive, and then there's a short, maybe 3 feet, maybe
not that much, little concrete sidewalk that goes from the alleyway up to the door, and that
s~dewalk is bordered by, there's a little planter area made out of landscaping timbers. Jeff was
stand~ng on that sidewalk, or at least his left foot was. He had his head down, probably w~thin
a foot of the doorknob and strikeplate area of the door. looking at the marks. When he went
to push the door open it wasn't as if he had to get any closer, all he had to do was extend out
and push h~s hand. So that 10 seconds or however long he was there, I don't know whether
he heard anything or not, but I was maybe another foot and a half to 2 feet away from h~m and
I never heard or saw anything.
You've answered how far the door is pushed open with this inset on the wall, how much wew
of the rotenor do you feel he had at the time he fired?
Officer Kelsay
09-19-96
Page 8
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Kelsay:
If the door was as I saw it, very little. I don't know that it was though, Lieutenant, I don't know
whether, I don't know whelher Jeff pushed it open that far, or as he was pushing ~t, ~t was also
open from the inside. I don't know whether this person was lying against the door, but I had
to push the door past him. He may have pushed the door farther closed as he fell on it, uh, the
view that I had of it when I pi¥oted around. uh, being open that approximately 4 inches.
The area that I could see was mostly to the right of the door as you went in, it was cluttered
with this makeshift table. There wasn't even this little walk space that was behind the door.
So I, I very, very little...
[end of side 1]
Continuing on side 2, internal affairs investigation 96-10, everybody still present. There's been
no change except the tape was rotated to side b. Continuing in the interview with Officer
Kelsay, although it's possible he could have had a bigger view than the victim actually fell,
closing the door part way, couldn't it have been?
Correct, I, from my vantage point as Jeff was pushing open the door, all I could see was this
cream colored header board or wall that was just to the dght of the door as you entered. I
could never actually see inside. My only view of inside was afler the shot and when I p~voted
around. AS I said the victim Eric Shaw was lying up against the door, and may have actually
caused the door to be closed some when he fell
Did anybody say anything or did you hear anybody say anything prior to the shot be,ng fired?
No I did not.
I've heard one report that Gillaspie laid the weapon down. It's your contention that he actually
dropped the weapon.
I don't know how it went on the ground. I never saw him lay it down, perhaps he did. Perhaps
that's where the bobbing came from when the shot went off, my reaction was to make myself
as flat as I could against that wall. The next thing that I perceived was Jeff backing away from
the door, from my point of view I thought he was bobbing up and down at the waist. I suppose
it's possible that he laid it down and what i saw was him coming back up. I never saw that.
I thought he dropped it and I still think he dropped it.
Is it possible, given the conditions down there that night, that you decocked it?
It is possible. I don't recall doing that but, safe handling of a pistol. If I picked one up that was
hammer backed, I would decock it. Uh, again my recollection is when I went to, I had a wchm
and I had a victim and I had a distraught officer and I had a rookie officer. Uh, the d~straught
officer was leaving the scene, I sent the rookie with him. I now have a victim and a p~stol. My
recollection was that it was hammer down at that point. That's one of the reasons why I went
to the victim first, is it wasn't going to go off by itself or it wasn't going to go off w~th any, any
kind of rough handling. I mean it would have taken, taken a very conscious effort to pull the
trigger.
Did Gillaspie make any statements to you at the scene other than the utterances you have
already stated?
No, as a matter of fact, I made it very much a point after people got there, and as people were
arriving, to separate Gillaspie, Zacharias and I, uh, so that we wouldn't have any conversation
with each other, because, it was obvious that something had happened that was going to be
Officer Kelsay
09-19-96
Page 9
Fort:
Sellers:
Kelsay:
Sellers:
Kelsay:
scrutinized no matter what had happened, and i didn't want to contaminate e~ther the scene or
the witnesses.
Lt. Sellers?
This is a duty you volunteered for, correct?
Correct.
As i got your understanding, you were out hers checking buildings, going from one area to the
next, and found the one, you said was Genesis?
I think it's called Genesis, the address might be 123, I don't know why that sticks in my mind.
Sellers:
Kelsay:
Sellers:
Kelsay:
Sel!ers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Is that Benton Street, or...?
Benton Street, I believe. It's in that little complex, it's right there at Benton and Dubuque.
And you never found anybody there?
Correct.
Any lights on in the building?
No.
Then you found an open door at Dodge Street Cleaners?
Right, one that I've found previously, I knew it to commonly be left open.
And you said, uh, one of the doors gOes in the business? Er, Dodge Street?
Dodge Street, no Dodge Cleaners. Yes I believe so. One of the doors goes into the business,
I think one of them accesses the apartment above and one of them, if I remember correctly from
when they were open in the past, accesses a little storage unit. All of them were locked that
night.
For your information, two of them accessed the business, for future reference.
OK.
Any lights on in that interior area?
Neon lights or some lighting inside, but not generalized like are in here now, or light in the
backroom, just neon light type things....Signage hghts.
When you were out at the first two open doors, did you call for backup?
No I did not.
What changed that for the third open door?
Officer Kelsay
09-19-96
Page 10
Kelsay:
Sellers:
Kelsay:
Sellers:
Keisay:
Sellers:
Kelsay:
There was a light on inside, the door was not just left unsecured, it was actually standing open.
Uh, and there were marks around the doorway to indicate a possible forced entrance.
But you already checked the building and it was totally black?
Correct.
OK, was your threat level any higher for the business that was totally black as opposed to one
that has lights on?
I thought it was higher for the one that had lights on.
Why?
The possibilities that I considered were that the business was occupied or it wasn't occupred.
Uh, if it was occupied it could be occupied by people that belonged there, or people that didn't
belong there. if it wasn't occupied it may have been left either unsecured and come open due
to the wind or somebody walking by, I don't know, but it could have been unsecured or not
properly secured by whoever had left there legitimately, and the door had come open or it Could
have been just left that way by somebody that burglarized it. If I was betting, I would have bet
that probably nobody was in it, and that it had been burgiarize. and that the people weren't
there any more. But I didn't know, uh, someone had been there, the lights were on, you need
light to see. There weren't any flashlights going around that building, there weren't any
flashlights going around in the other ones I saw. But there was no, there was no indication of
human presence at any of the other buildings and no indication that humans had forced their
way into the building. This one, the door appeared to me to indicate that at least some time in
the past someone had used, you know, had entered it by forcing the door. But regardless, even
if, even if someone was there that belonged there, I mean just left it open, I thought that the
best way to handle it would be to try to eliminate any possibility of miscommunication, rather
than having me, dressed in dark clothing and carrying a pistol, even if I didn't display it, but
carrying a pistol, walk in to a building and confront either burglars that made them outnumbered,
maybe they'd run, and if I'd get lucky I could catch one of them. Or maybe they'd come at me,
in which case nobody knows where I'm at, and I'm not easily identifiable as a police officer. or
if people were there that belonged there, again I didn't want them to see dressed in dark
clothing coming in and then either confronting me right off or grabbing me and now
I don't know what's going on, and I'm fighting b~ck and I've got a pistol. And it just, regardless
of whether it was empty or occupied by people that belonged there or occupied by people that
didn't belong there, I thought the best course of action was to let my supervisor Wyss know
where I was at, and to let a uniform handle it, that's what uniforms do. Uh, easdy identified as
a police officer and at least dispatch knows where I'm at now. The other ones I d~cln't have any
reason to believe there was anybody that had been recently in the building. They were dark,
there were no flashlights apparent, there were no noises. This building, the door was actually
open. the door was actually open, it wasn't as if it had been inadvertently left or intenhonally left
unlocked, the door was actually standing open and thero lights on which would indicate to me
that sometime after dark, someone had been there or continued to be there, because they need
lights to see. I mean if I was a burglar, I think that it would, I don't know how burglars think, I'm
not a burglar, but if I was a burglar I think that it makes more sense to go in and turn on a light
m a place like that. You can't see in easily. Many people aren't going to know if you belong
there or not ~f they do happen across you, as opposed to standing back there with flashhghts
and shining them around and now whether it's the pohce officer or a passerby walks by, they
see flashlights playing around in the backroom, I mean, I think it attracts a lot less attention to
yourself, to use the available light, and the ones that I had investigated, uh, most recently, was
the night before. Up at Brewery Square, they didn't go m, maybe they used flashhghts, maybe
they didn't, but there are enough interior lights and lights that are left on in that business. in that
Officer Kelsay
09-19-96
Page 11
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Seller:
Kelsay:
Sellers:
Kelsay:
whole complex, that, that's what they used. I mean there was a light turned on downstairs, I
don't know il they turned it on or if it was left on, but they used available light in there, and
again, to me that makes the most sense if you're a burglar. To attract less attention to yourself.
I didn't call it in as a burglary in progress, I didn't assume that it was a burglary ~n progress.
It had some of the trappings of a potential burglary. It could have just as easily been somebody
that belonged there and most likely it wasn't anybody there. But, I felt the proper person to
investigate that was a uniformed officer.
Would it be reasonable to assume that a burglar might secrete themselves m a dark building?
Yes.
Would it also be just as reasonable to assume that they might use a flashlight covered with a
red plastic?
Yes.
Have you ever had that in your experience?
I have never caught people doing that, but I, I'm aware that it's done, yes. I do it, I use the red
lights when I worked late nights.
In regards to flashlight, where was Officer Gillaspie's flashlight?
I know that he took it out, Lieutenant, and at the time that he had it out, I remember h~m hawng
his pistol out too and it was in his left hand. He had, he was using I believe it was a Stinger,
but one of the miniature flashlights. He didn't have the SL2.0 with him. He had one of the
smaller flashlights, and I believe P, was still in his hand. However, I'm not certain of that, he may
have reholstered it. I know that his pistol was down, I had mine in my left hand. My pistol in
my right hand and I was in a position abou~ like thiS. I know Jeff had his in h~s left hand and
one time, but I'm not certain if he still had it or not.
How was he opening the door?.
He was pushing it with his left hand. He was in a position [demonstrate over here].
That's ok. Just explain it to me.
OK.
It will be easier for me.
OK, he had his left foot forward, his nght foot back, kind of an type stance He was
bent over a litlie bit, he had been looking at the strike plate on the door. He had his p~stol in
his right hand and when he was looking at the striker plate on the door, he had ~t about belt
h~gh to about __ button high here. He had his left hand out in front of him. When he started
to open the door, he pushed with his left hand. At the same time bringing his p~stol up so that
he never walked into the building. He never changed his position at all. He was JUSt pushing
the door open from the outside, about like this.
You indicated that the palm was forward in opening?
That's, That's, I don't know whether he was holding a flashlight in there somewhere or not, but
yes, he was like this.
Officer Kelsay
09-19-96
Page 12
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
You didn't happen to notice if the light was on?
His flashhght, I know it was not on. He never turned his flashlight on.
Anybody else have their flashlight on?
no.
Was there a need for it?
No there was not.
You indicated there was a light in the comer of the building?
There was a light directly above where I would have been standing and the interior was lighted
as well.
So if somebody was inside looking out, would they have been
doorway would have been silhouetted?
, or somebody in the
As Jeff pushed open the door, we probably would have been lit, been lit from above and a httle
bit behind. The light, the light is pretty much, and the door is 3 feet from the northeast corner
of the building, and the light Is fight there on the northeast comer of the building. So, uh, backlit
to some degree especially by the other, the other light that was available. But the most
predominant lighting would have been right above us,
Did you measure that distance?
No I don't. Approximately three feet, and approximately uh, maybe 11 feet above us, above
ground level. l'm not certain. When were first there, perhaps may have been heard,
not talking at all, but it is a gravel drive. If a squad car pulled in, that made more noise than
anything else I did or we ever did as, as a group of officers after that. Still the door didn't come
open, I mean I have no indication that anybody heard us, there wasn't any, any signs of
anything. Uh, when we went up to the door everybody was quiet, nobody used their flashlights.
Nobody could have seen us at that point because the door, even though it's open to the ~nterior
is only open to a wall, so it would have been impossible for anybody to get their head in there
to look out.
Did you ever point your weapon inside the door?.
After the shot was fired and after Jeff backed away, uh, again I wasn't sure whmh way the shot
had gone, I wasn't sure what was going on. At that point rather than be a backup ofhcer, playing
a secondary role to a uniformed officer going in, I became the lead officer and I didn't know
which way the threat was going. I did swing around to the door and I never had to push the
door open, but I kept my pistol pointed through the crack as I pivoted around unbl I could see
his head.
Did you see the door open when Jeff pushed on it?
Did I see it start to open? Yes.
How far did you track that, approximately?
An tach, perhaps.
Officer Kelsay
09-19-96
Page 13
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
So you don't actually know, other than just the abutment...
No, exactly, and I saw Jeff's hand go out, whether it had the flashlight in it or not, but I saw
Jeff's hand go out and it appeared to me, by the way his ann was going and h~s Iland was
going that he was pushing it open. However, it might just have easily been open from the other
side. I don't know if it was pulled away from Jeff's hand or if he was pushing it. To me, it
appeared like he was pushing it open.
At the time of the shot, was he in a Weebet stance?
yes.
Both hands on the gun?
No, no it was not. He was in, actually a Weeber stance is the triangle isn't it? No, it was not.
He was more in the ..... [demonstrates] . OK, he did, in the Weebet stance
except one hand wou!d have been out. But basic or Weeber, one hand
, the other hand was out towards the door.
Was the hammer dropped on the gun?
I do not believe so. Uh, I asked myself that, and I've played over it. I really don't think so.
That would have raised all so~ of warning flags with me, and nothing like that happened. Uh,
if it was cocked I never saw it cocked. I was close enough to Jeff and close enough to the
pistol that I believe I would have seen It be cocked or at least in the cocked position, and I did
not, I have no recollection of that. I think it was hammer down in the ready to fire position.
So you think it would have taken a double action?
Correct.
To fire the weapon?
Correct.
What happens with, to the weapons that we use in the department when that happens? What's
the resulting action after you fire a double action?
The slide is worked back by the ground going off, and it is left in the hammer back position or
single action position.
But you said eadier that when you picked it up, the hammer was down?
Correct.
But you also sa~d that you didn't recall that he...he decocked
the weapon?
I don't, and maybe I'm not giving Jeff enough credit, he didn't appear, he was having a very
emotional reaction to the shooting. Like I said, I wasn't even sure that he hadn't been shot to
start with. I don't know that he was together enough after the shooting to have thought decock,
and if he did, I think that he would have lefl it alecocked, the alecock lever down instead of
putting it back in the up position. However it is something we are all trained to do and he may
have done it instinctively, I may have done it instinctively. My recollection is ~t was laying on
the gravel outside [here, and it was hammer down. Uh, I, I assume that that happened during
Officer Kelsay
09-19-96
Page 14
Sel~er.
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
Sellers:
Kelsay:
the fall. We have the in-line firing pin safeties on our pistols, so that even if the hammer would
drop during a fall it would not discharge a round. That's what I believe happened, but I don't
know.
How far ground?
Uh, 4 and one-half feet. There's a, I don't know whether it dropped on the concrete or not,
there's that concrete walkway right there. Just the dght of if is like I said some landscaping
timbers and then the gravel driveway or alley. Where I found it was actually Jn the gravel, uh,
inches from the concrete walk and landscaping timbers, kind of on the right side of the walk
right there where it goes out in the gravel.
OK, you indicated
DCl showed them where the gun was, the approximate...
Approximately, I, I indicated when I was giving my narrative earlier that I took the gun and
secured it. I didn't clear it, I left it as I recall finding it. Like I said, it is possible that I alecocked
it. I don't believe that I did, Uh, later at 12:30 ! turned it over to Sgt. Wyss. I turned it over to
him by placing it in a zip lock bag and placing it in the trunk of his unmarked unit and he shut
and locked the trunk, and it was subsequently turned over to the DCI. When I went down there
the following morning I indicated to the DCl approximately where I found the pistol.
Did Lippold get to the scene before Sgt. Jackson?
Sgt. Jackson, my recollection, is I'm certain he was the first person on the scene. After that it
gets real fuzzy as to what order people got there.
But there was no indication prior to the shot of anybody being in the business?
Correct. Other than the open door with lights on inside, there was no noise, there were no
shadows, there was no, no indication of any movement or voices or sounds or anything like
that. The door was open and the lights were on. That was the indication that someone was
or had been in the building. As far as whether it was presently occupied, there wasn't any
sounds or sights or smells or anything like that. There's no other sensory input that would
indicate currently occupied.
What about your gut feeling?
My gut feeling was that the building was empty and had been burgladzed, was my gut feeling.
Sellers:
Fort:
Kelsay:
I don't have any other questions at this point.
I have one now, and that's a straight opinion question only. Since you were one of the ofhcers
present, do you have any opinion, and this is strictly an opinion, of why Gillasp~e ever bred his
weapon?
I never saw or heard anything, I mean I don't have access to any of the input that Jeff had. I
mean like I said my firat indication of it was when he pulled the trigger. However, my best
hypothesis, my best guess as to what happened based on what ! saw and didn't see and didn't
hear or heard or whatever, and what I know after the fact. You know the person was on the
phone. That's been told to me, that that is definite, it's not speculation, he was on the phone.
The entrance wound was in this area and the exit wound was lower and over didn't
exit, or where it nearly exited, was lower and over one of the kidneys. I think Bozek or at least
Officer Kelsay
09-19-96
Page 15
Fort:
Kelsay:
Fort:
Kelsay:
Fort:
Sellers:
Fort:
Kelsay:
it was reported that he was shot downward. I don't believe that to be the case, Jeff was on
straight. Uh, I think that it's probably more likely it was like this.
He was in a crouched position, you're saying?
Right, or corning up, or going down, one of the other.
The tape can't see what you're...
OK, right. Uh, I, mean my best guess as to a scenario that fits the facts as I know them ~s that
this person was sitting inside the door, on that little footstool thing that I found, that was near
his legs that I moved away. That sits like I said about ten inches off the ground. Uh, it was told
to me that the person he talked to, was talking to on the phone, recounted the events as he was
talking to Shaw and Shaw made the statement of, 'What the hell,' and then there was a
gunshot and then there was the sound of the phone hitting the floor. I don't know ~f thars true
or not. But if it's true, again, my speculation is that he's sit'ting there inside the door maybe 4
feet, about where I found this stool, uh, he sees the door start to come open. He says "Whal
the Hell' and starts to get up towards the door. Jeff is startled by somebody being where he
didn't expect to see anybody. The guy was probably also startled, uh, I don't know whether it
was discharged out of just pure startle reaction or whether the fact that the guy is coming up,
Jeff perceives it as a threat, I don't know. Jeff's the only to answer that. Maybe they built on
top of each other, maybe the one caused him to put his finger on the trigger and start to pull
the trigger. He would have checked himself, however, now the person's coming up. but my best
guess as far as what scenario fi~s the facts is this guy is sitting just inside the door, talking on
the phone. He sees the door start to corne open. He doesn't know we're there. We don't
know he's there. Until the door starts to come open, he starts to come up for whatever reason.
Jeff pulls the trigger whether it was a misread of a potential threat or whether it was pure startle
reaction. Or whether it was a combination of both, almost instantly if not as he was pulling the
trigger, Jeff's rnind's processing it and says, bad call, you know, it's too late, the mund's away.
Uh, he didn't double __ or train to double . My recollection is instantly he dropped,
I mean, I heard the shot, Jeff's backing away and his gun's on the ground. It all happened that
fast. I know now that Jeff was in shock, Jeff knew, like I said, immediately that he had made
a mistake. I mean, maybe he would react that way if he shot a bad guy too. I don't know. But
it appeared to me that he knew that he pulled the trigger, or inadvertently shot somebody that
hadn't been , that's my read on it. I don't know. Uh, but that's my best guess as
to what happened.
Anything else?
Nope.
Officer Kelsay, anything else you want to state or make comments to, something that's come
to your rn~nd that we haven't thought of.
I just reiterate that I never saw or heard anybody inside the building. Uh, I don't beheve that
Jeff ever did either until he started to push the door open. Uh, I was close enough to Jeff that
I would have, I believe, perceived the same things he was perceiving until he started to push
the door open. He had a vantage of the intenor of the building that I didn't. Nobody on e~ther
side, Shaw did not yell at Jeff, Jeff did not yell at Shaw, I mean it all happened very. very. very
fast. Uh, I think that what I did, what I did was appropriate, given a door that's standing ajar.
rnarks on the doorway, rny not being in uniform, my lack o! certain protective equipment. uh.
given the possibility that the building was occupied by good guys. bad guys, or not occupied.
I think the appropriate response was for a uniformed officer to investigate. I th~nk that there are
other ways to handle it, there are always other ways to handle it. But what I did I feel was very
Officer Kelsay
09-19-96
Page 16
Fort:
appropriate. After the situation went bad, I think that I and other people in the Police
Department continue to act very professionally, uh, and handle the difficult situation well. I've
replayed it over and over and over, and I would do the same things that I did, I think that they
were appropriate. I had only know abou~ the new policy from what was reported. But I think
we met many of the criteria that the new policy lays out. Uh, the door was standing ajar. it was
a high crime area, and there were marks to indicate that it had been burgladzed. So even if
we wouldn't be able to get a hold of a store owner now, and would follow the supervisor, I think
that it would be appropriate to go ahead and make the building search in this case.
I don't know ~ Jeff was making an entry in the building. I don't know if he was pushing the door
open just to get a view of what was inside. He never, never made any attempt to enter, all he
was doing was pushing the door open. Uh, I don't know what his intentions are, you're going
to have to ask him that. Uh, I think it was handled appropriately, unfortunately I think statistics
caught up to us this time. I know that's not a good enough excuse and, uh, just because
statistics caught up with uS doesn't mean we shouldn't look to a better way to do things.
Unfortunately for Jeff and Eric Shaw, I think that's what happened.
Thank you Officer Kelsay. This ends this tape, number 96-10, time now is 17:14, same people
still in the room. Room has not changed.
lAIR 96-10
09-13-96, 13:45
Interview of Steve Spenler, Ambulance Serv]ca, by Lt. Fort and Lt. Sellers
Fort: This is Lt, Fort, Iowa City Police Department. Present is Lt. Sellers and Steve Spenler
from the Ambulance. Time is 13:45, date is 9o13-96. This is Internal Affairs
Investigation Number 96-10. We will be talking to Mr. Spenler.
Would you give us your name please?
Spenler: My full name is Leonard Steven Spenler.
Fort: Spell your last name please?
Spenler: S-p-e-n-l-e-r.
Fort: And your unit assignment or, duties are?
Spenler: I'm a field supervisor with the Johnson County Ambulance Service.
Fort: Sex?
Spenler: Male.
Fort: Race?
Spenler: White.
Fort: Date of birth?
Spenler: January 7, 1956
Fort: Were you on duty in your normal capacity on 8-30-96?
Spenler: Yes sir I was.
Fort: Number of months in your present assignment, present_with the Ambulance people,
years?
Spenler: Three years, four months.
Fort: Could yodu tell us how you received the call, and basically in your own words what
transpired that evening?
Spenler: Sure.
Fort: And you need to speak up just a little bit.
Spenler: Ok, I'll sit closer. We were dispatched, I don't recollect what time it was. Urn, on an
unknown medical call, uh, per our normal dispatch method over pager, from Johnson
County dispatch. Enroute, almost probably less than 30 seconds less than dispatch.
Enroute, Code 3, lights and sirens. We encountered two squad cars at the corner ot,
uh, Gilbert and Keokuk, yes Keokuk. We pulled in there thinking that was where the
call was, and then they directed us down to the building next door to the car rental.
So we made a u-turn there and went down there and arrived on the scene. Officer
Troy Keisay was there. He motioned for us to roll down the window. He informed us
S. Spenler
09-19-96
Page 2
Fort:
Spenler:
Fort:
Spenler:
that he had a single male with a gun shot wound to the chest. AT that point in time
then I figured it would be a very quick time so I was driving and my partner,
John Greet, was In the attendant's seat. I drove around and circled so we could point
the ambulance out so we wouldn't have to do that after we were loaded. At that point
in time we both got out and I told John that we were going to do this quick and he
should get a long board and a collar and I would get the airway equipment and that's
all we would do scene. Provide an aim/ay and stabilize. And he went over to get that
and I grabbed the airway bag out and at that point in time I entered the scene. Saw
the single, single male lying on the floor supine, Large amount of blood on the floor
next to him, very large, appeared to be a huge clot. I would say 500cc to 1000,
somewhere in there. Large amount of blood soaking his shirt. Urn, we were informed
by Iowa City Fire who arrived almost simultaneously with us, that the patient was
pulseless and in fact was no breathing, no pulse. At that point in time I did a body
assessment and picked up his shirt to look at the wound. And I really never saw a
wound, there was so much blood on his chest that it was very difficult to see where
the entrance wound was. We were informed by Officer Kelsay that he possibly had ar~
exit wound, um, on his left, below his left shoulder, in the back. But we ~ever moved,
moved him to look at that.
At that point in time one of the firefightere said that he wasn't sure that this was a
viable __ with the amount of blood, and I examined the patient's pupils and they
were fixed and dilated and I also checked for, actually John my partner checked for
a carotid pulse and there was no breathing. At that point in time then we decided that
the patient was deceased and it wouldn't be to his benefit to do anything further. Um,
we hooked up on monitor and the patient was with an occasional,
I would say, one to two minute beats. AT that point we informed law
enforcement on the scene that the patient was deceased and there was nothing we
could do. And we basically left the scene to them. I had called University Air Care
Dispatch on our arrival after finding out that it was a gun shot wound and told them,
since they monitor our frequency, that we did have a gunshot wound to the chest and
would be enroute with a very quick ETA. I then got on the telephone and called the
emergency room after we declared the patient to be deceased and informed them that
there was nothing that we could do. We were going to 10-8 and
patient. Once back at the service then, I knew that, after I moved
the truck away from the scene and we offered any assistance we could at the time to
any of them or if they wanted us to do anything with the body. And basically they said
no, they borrowed a sheet from us to put over the door. When I moved the, moved
the truck away and I was walking back, I did, find a spent, urn, casing and pointed that
out to the officere. That was approximately 2 feet, 2 from the door. Actually 2 feet.
from the door. It was underneath the ambulance when we moved forward
You didn't move the casing that you know of?
I didn't touch the casing, no, I think one of the officere marked where it was and then
took it.
And when you drove in you didn't drive over the casing?
No it was underneath us. I don't believe I would have driven over it. When we got
back here something I should have done at the scene, but neglected to do. I called
Medical Control and discussed the situation with the on-duty physician at the University
S. Spenler
09-19-96
Page 3
Fort:
Spenler:
Sellers:
Spenler:
Fort:
Sellers:
Spenler:
Sellers:
Spenler:
Sellers:
Spenler:
Sellers:
Spenler:
Sellers:
Spenler:
Sellers:
and he agreed with my decision, although he wished that I would have done i~ at the
scene. I agreed with him at that point what was going on.
And do you know who that was?
That was, uh, Dr. Carroll.
Yes.
Do you have any questions, do you?
You mentioned earlier that you picked up the shirt, looking for the wound, but you did
not see it?
Yes, just picked it up from his waist and looked underneath, I didn't remove it at all or
pick it up over his head. I just picked it up to look underneath.
It was a shirt outside the belt or just hanging .....
It was hanging, hanging open. I didn't untuck
I don't remember if tt was a button down shirt or if it was an undershirt, t-shirt.
?
No, I don't believe it was a collar, I think it was, I think it was a t-shirt. I don't recall.
Now was this a normal procedure then, as far as getting to a certain point with the
patient and you don't go any further?
Yea, you know, we...uh, no matter if you're a basic EMT or a paramedic, you all start
out with the same, same point and that's assessing the airway breathing and
circulation. And that's what we did in this s~tuation. Urn, I think it's fairly universal,
some services may differ. It's fairly universal on traumatic, urn, death if you have no
pulse nor respiration at the scene, there's extremely little likelihood of having a
successful resuscitation, and so we called at the scene. Thars pretty
much ....
Did you talk to any of the officers other than Officer Kelsay?
I might have asked one of the uniformed officers at the time if they wanted us to do
anything else but I didn't talk with them about the situation. One of
the firefighters had asked when we initially got there, if they had apprehended whoever
the shooter was and that was under control and we didn't have to worry about it not
being a safe scene. eve~thing under control
The back of the shirt
a hole in the shirt?
shirt, do you recall, do you remember it looked like
S. Spenler
09-19-96
Page 4
Spenler:
Sellers:
Spenler:
Sellers:
Spenler.
Sellers:
Spenler:
Sellers:
Spenler:
Fort:
Sellers:
Spenler:
Sellers:
Spenler:
Fort:
NO.
You said It was
lot of blood.
It was a large, large quantity of blood, and when I picked up the shirt there was a large
quantit~ of blood on his skin and also exlremely large blood clots that were on the
skin, on his shirt and on the floor.
Based upon your experience as a paramedic, did that indicate anything to you?
It indicates that there is much blood on the outside, there's probably twice as much
loose on the inside. this guy lost a large amount of blood in a very
short period of time.
(inaudible) Is there anything else about the scene or
be aware of?
that night we should
We were called back to the scene later on, I don't know if wanted to talk about that,
when the parents had ardved at the scene. They wanted us to stand by just in case
they needed us. We drove other there, parked in Nagle parking lot and stood by for
a short period of time. They asked us, they told us that the parents were a little bit
anxious that there was an ambulance around, so at that time we went about a block
away and parked and finally they just released us. We never had any
contact with anybody else. And then, uh, about an hour or two hours after that we
were called down to the Police station and the Chief wanted us to check on Jeff and
make sure his blood pressure was ok and that everything physically that we could
__ to the best of our ability, looking at was okay with him, and also with the other
officer involved, Dan'in.
Dar~n Zachadas?
Yea. He wanted us to check
Anything else?
Not at this time.
I appreciate your coming.
More than happy to.
This concludes the interview. Time now is 13:58, interview took place down at the
ambulance facilities.
I. A. I. R # 96-~0
DATE: ~ 9' 1~-9 ~
TIME: I~'
PRESENT:
Lt. Fort
Lt. Sellers
Officer Zacharias
All from the ICPD.
LOCATION:
This interview is with Officer Zschar~as
RANK
NAME
BADGE NUMBER
UNIT OF ASSIGNMENT
SEX
RACE
DOB
DATE OF HIRE
DUTY STATUS
HOW LONG IN PRESENT ASSIGNMENT
EMPLOYEE NUMBER
TELL US IN YOUR OWN WORDS WHAT HAPPENED THAT NIGHT STARTING
WITH THE CALL AT LAKESIDE APTS.
HOW FAR WAS THE DOOR OPEN WHEN THE SHOT WAS FIRED.
DID YOU HEAR ANYONE SAY ANYTHING BEFORE THE SHOT WAS FIRED.
WHAT WAS SAID RIGHT AFTER THE SHOT WAS FIRED.
DID GILLASPIE DROP HIS WEAPON OR LAY IT DOWN.
DID GILLASPIE MAKE ANY STATEMENTS TO YOU WHEN YOU WERE WITH
HIM BY THE SQUAD CAR.
IN YOUR OPINION WHY DID GILLASPIE FIRE HIS WEAPON.
NOTIFICATION OF COMPLAINT/INVEIT!QATION
NIm~ =f Em~oyee
B~dgt
Unit ~f A~gnment
Darin R. Zacharias Officer
#12 Field Training.Program
Depirtment I~idy p~ovidse that if you ere to be cl~rged with I ~mlnll offense
or if you~ separation f~Qm the Del~rtmefit will be Seught, you art to be Idvtasd
in writing of the spaoif'~ filegel or iml~oper sots alleged against or attributed to
yOU.
Furthermore, Department policy provides that you have a right to be advised in
writing of the complaint lodged sgeinat yOU prior to any lnt~wiews of you
cortcerning the allegetim regardless of the nature of the allegetim end even if
the Illegatio~ is such that it wfil not result in the filing of c~iminal charges o~ the
filing of separation charges.
Accordingly, you are hereby advised that the following illegal or improper acts
or allegations have been attributed to you:
Investigation of the Shaw shooting incident.
08-30-96 23:45 Hrs.
1100 Blk. S. Gilbert St. Iowa City, Is.
The undersigned hereby acknowledges receipt in writing of lbs charges
allegetior~s against him/t~er.
WITNESSES
PREPARE IN DUPLICATE
Original copy to investigator's fils.
Copy to employee,
IAI.q Ito~n 3
WAIVER OF ¢OUNSEI,/REP~EIEKI'ATION~EQUE8T TO 8ECUI~
C0UNSEL/~EIIfiEIENTATION
Nlma of Employ# Rank
Darin R. Zacharias Officer
· Unit of Al~gmneq~'
Field Training Program
WAIVER OF COUNSElREPRESENTATION
I, the Undersigned, hereby acknowledga that I have received and read the
charges/allegationa against me and I knowingly and voluntarily wish to proceed
with the hearing, examination, interview or interrogatio~ without having
counsellre;reaentafion of my own choosing present to advise me d~xing this
hearing, examination or interrogation.
Date/Time ~-- ~ ~' ;;-~ (Signature) /j~;
'J /
[ ] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTAI~ON
I, the Undersigned, having been advised of my'~ight to oocrmel of my own
e, hc~ng at all hearingl, examinatl~ and imerrogeticxtl ~ ommectiofi with the
chargfi/allegatio~o againat me which have beam give~ to me in writing end
receipt of which i~ heraby acknowledged sie~.t to secure the eewk:~ of counsel
and agree to Ixoceed with said hearC~g, examitmtioh or interrogattcm ~t
· . houra, on . ~nel~k~, 19. , in Room
, .t which hearing, ax m rmtion or
~ntarrogatWn shall be commenced. my ~gm~xe upon th~
statement, I a~rm my wLih to eec~q~ Mid ~ Ind ~grel to comply v~th
aforesaid.
Date/Time
WITNESSES
PREPARE IN DUPt. ICATE:
Original copy to invaatigator'a file.
Copy to am~31oyee.
[AIR Fm, m 4
ADMINISTRATIVE PROCEEDING
N~rn~ of Employ#
Darin R. Zacharias
Rank
Officer
Unit of A~
Field Training Program
Del~rtment I~icy provii]es that you be advised of the following:
You have no right to remain silent in an administrative investigations.
You have an obligation to truthfully answer questions put to you. You
are advised that your statements or responses constitute an official
polics report.
If you refuse to answer questiof~ put to you, you will be ordered by a
augriot officer to answer the question.
If you persist in your refusal after the order has been given to you, you
are advised that such refusal constitutes a violation of the Rules and
Regulations of the Iowa City Police Department and will serve as a basis
for which your discharge will be sought.
You are further advLled that by law any admissi~ made by you during
the course of this administrative hearing or interview cannot be used
against you in a subsequent criminal I~ocaecling.
I, the Undersigned, do hereby acknowledge that I hav~ been i~formed of the above fights.
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
Printed Name of Employee
lAIR Form
ADMIM~rRATIVE PRC)C~iNNO RIOHTI
Given to Employee -
Time:
Name of Employee
Rank
U~ of Aulgnment
Darin R. Zacharias
Officer #12 F~eld Traininc Promram
You ere being adviasd of the following:
1. Any arline#ion m~da in tim co, fee of this sdmi~stretJve h~, or I~terv~aw may ~
used is ~ hill f~ di~i~i~ measles i~tudl~ ~mc~roo ~ I~.
You have the right to counsel of your choosing to be Ixesent with you to advise you
at this hearing, examination or interview and you may con~ult with counsel/represen-.
tation as you deere.
You have I right to tm given · reasonable time to obtain counsel of yo~r own
choosing.
You have no right to remain silent at this administrative proceedings. You have an
obligation to truthfully answer questions put to you. You are advised that your
statements or responses constitute an official police report.
If you refuse to answer questions put to you, you will be ordered by a superior officer
to answer the question.
If you persist in your refusal after the order has been given to you, you are advised
that such refusal cof~tftutes a violation of the Rules end Regulations of the Iowa.C.ity
Police Department and will serve as a basis for your discil~ine.
Y~ are further advised that by law any ~clmi&~ion made by you during the course of
this hearing, examination or interview GgZ~O~T be used against yo~ in a subsequent
oriminal procee(fi~g.
I, the Undersigned, do hereby acknowledge that I have been informed of the above righta.
Printed Name of Employee
WITNESSES
_//..--~
PREPARE IN DUPt. ICATE:
Original copy to investigator's file,
Copy to imployee,
lAIR 95-10
09-19-96, 15:13
Interview of Officer Zachariae by Lt. Fort and Lt, Sellers
Fort: This is Lt. Fort, Iowa City Police Department, internal Affairs Case #96-10, date is 09-
19-96, time is 15:13, Present are Lt. Fort, Lt. Sellers, Officer Zacharias, all from iowa
City Police Station. This interview is being conducted in the Intoxilyzer Room of the
Iowa City Police Station. This interview is with Officer Zacharias.
Off tape we filled out Internal Affairs Form 3, 4, 5, and 6. We are not using Form 7.
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
For{:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
What is your rank, Officer Zachadas?
Patrol Officer.
Your name?
Darren Zacharias.
Your badge number?.
12.
Unit of assignment? In this case, I believe it would be field training program, is that
correct?
Yes.
Race?
White.
Sex?
Male.
Date of birth?
October 2, 1972.
Date of hire?
July 8, 1996.
Duty status at current time?
Administrative leave.
Employee number?
99622.
I would like to tell us in your own words what happened that night of the Shaw
incident, 1 would like you to start with the call that you and Officer Gillaspie were on
out at Lakeside.
Officer Zacharias
09-19-96
Page 2
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
We were called, dispatched to a call out at Lakeside, of a, it was, came out as a 10-
10, involving knives. When we got out there Officer Batcheller and Officer ...what is
DJ's last name?
Steva?
$teva, We were on the scene, we got information that they were in this one
apartment. We knocked at the door. The door was answered. We went in. There
were two male subjects, an older female subject in the downstairs livingroom area.
Three or four males starting walking downstairs. And then they started running back
upstairs. Officer Steva, Batcheller and Gillaspie ran upstairs after them, I stayed
downstairs with the two other males and the female. A few minutes later the three of
them came downstairs with the males and two more females, um, the individual that
there was no problem at the time. And we left.
And then where did you go?
Our shift was ending, um, we headed back towards the Police Department, and were
heading south on Gilbert, when Officer Kelsay was flagging us down.
Were you going south on Gilbert?
North on Gilbert.
OK, what happened after Officer Kelsay flagged you two down?
I saw a man flagging us down. As I pulled up, I could tell it was Det. Kelsay, urn, I
pulled into the side, in the alley, about even with the sidewalk. We got out. Kelsay
advised us that, um, he had found an open door. He had cal~ed it in on his cell phone
so there was no radio traffic. He asked for two, urn, a marked patrol unit to come. He
told dispatch to regard, that, urn, me and Gillaspie were on the scene with him. Um,
we started walking towards, down the alley, um, and I got about ten, fifteen feet away
from the car and I realized I didn't have my flashlight, urn, and went back to the car.
Got my flashlight and as I was returning, I noticed Gillaspie and Kelsay were, urn,
standing by a door, on the north side of the building in an alley. They waited for me,
I kept, I walked out. They waited for me, I got, it was probably three to five feet away
from the door, urn, Jeff was not right in front of the door at the time, but he was in all
set position. Kelsay was on the other side of the door, and I would have been on the
left side of the door. Urn, I got close enough, G[llaspie started to go in. Urn, I couldn't
see what was on the inside because the door was opening and all I could see was the
door. Urn, I couldn't see in from where I was at. Kelsay might have been able to see
in from where he was standing. Urn, I don't know how fast Jeff was opening up the
door, urn, the door was about a third of the way open and he was right m about the
door frame when all of a sudden it seemed to me he stood up and fired one shot. He
backed away, his gun came out of his hand, he seemed like he almost three it, you
know, up...brought his hand up and it landed approximately right in front of where I
was at. He was-he had his radio right away, to try to call in, call it in. urn, he didn't
seem to be able to do that. He told Kelsay to call it in. Kelsay called it in. Um, Jeff
was yelling, yelled at Kelsay to check on him. I peeked around the corner of the door
to see what was on the inside of the door. All I could see was, I saw a man, um, he
was on his knees with his chest down towards his knees. Urn, his face was facing the
ground, urn, I really didn't see what he looked like, I believe he had glasses on, dark
Officer Zacharias
09-19-96
Page 3
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zac h:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
hair. Urn, I think he had on a green shirt, I'm not too sure. Urn, Kelsay told me to go
with Jeff. Jeff had backed away and was out of, sort of stunned. He was pacing back
and forth. Um, stating 'Oh my God, Oh my God!" You know, telling Kelsay to check
on him, see if he was allright. Gillespie went back towards Gilbert Street where the
patrol car was, was pacing back and forth, I stayed with him, trying to get him, trying
to calm him down.
Urn, I mainly stayed with him, trying to calm him down. Kelsay was up by the building,
I did see Kelsay pick up the weapon, urn, I don't know where he put it at the time. But
I did see him pick that up and secure it. I was with Jeff out by Gilbert Street when,
urn, I saw a patrol car coming south on Gilbert Street, and it was Sgt. Jackson. He
pulled in. Then right after that I believe Prestegard pulled in in an unmarked.
Prestegard stayed I believe with me and Jeff and then my patrol car and the unmarked
patrol car were blocking the alley, so Sgt. Jackson had us move them to the back,
other side of the alley, and with the patrol car back, Prestegard blocked
the alley with the unmarked. Gillaspie went down to the other end of the alley. They
had Gillasple have a seat in the back seat of the patrol car. Prestegard stayed with
him there. I was standing by. They took Jeff to the Police Department, and then they
had me sit in a patrol car out in front of,urn, out by Gilbert Street, in front of the
building.
Who brought you here to the Police station?
OfficerSteva.
I have a few questions. One of them is you said he threw the gun, he didn't lay it
down?
He didn't lay it down. He didn't throw it, he just dropped it.
OK.
Um, he, his hand was up, and it just came out of his hand, he just dropped it. And it
landed about right where I was standing.
Could you tell from your position how far the door was open prior to the shot?
No I couldn't.
Did you hear anyone say anything prior to the shot?
I don't remember hearing anything.
Did you say anything prior to the shot?
No I didn't.
Was anything said right after the shot, by any of the three of you?
Right after the shot, I didn't know what was inside. Urn, Jeff probably would have
been the first one to say anything, um,....I don't remember, I don't know if it was the
first thing he said, but, urn, I know he tried to use his radio or call it in. And had
Officer Zacharias
09-19-96
Page 4
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Sellers:
Zach:
Sellers:
Zach:
Kelsay call it in. I don't know if that was the first thing he said, or he said something
before that. Um ....
While he was walking up to the door or while he was opening the door, more
important, could you tell where his weapon was? Officer Gillaspie's weapon.
When he was opening the door I believe he was opening it with his left hand, his
weapon would have been in his right hand. I believe he had it pointed towards,
straight into the building.
In your report you indicated at one time it was down by his leg..
It was down by his side, when I was walking towards..towards him and Kelsay from
the car. He had it at his side and when he started opening the door, 1 believe he had
it, had it pointed towards the inside of the building.
And the reaction you saw from him, just prior to the shot, was what?
Just pdor to the shot, he was opening the door, and I believe he was, like stood
straight up and almost in a backward motion, um, he stood, I believe he stood straight
up and pulled his hand up and fired.
Was the gun in the extended position could you tell? Or was it tucked in towards his
own chest? Do you recall?
I honestly can't say. I don't I~ow.
When you and GIIlaspie went over by the patrol car, did Gillaspie make any statements
or utterances to you about the Incident?
No, um, he used, just...'Oh my God', um, "Shit", you know, just, I was just..telling him
to calm down. 'Everything will work out ok.' He said "No it won't, everything won't be
ok" Urn, he just kept on pacing back and forth, urn, then I kept on trying to talk to him,
to get him to settle down. But theta was no settling him down. He...really didn't seem
to be paying too much attention to me. You know, I didn't know, just kept on pacing
back and forth. I...I don't know how to explain his state, you know, that he was in.
Um,
To make it simple, he made no statements in reference why he shot?
No.
Ok, Lt. Sellers?
Where was his left hand, just before his shot?
I believe it would have been opening the door. Like trying to push open the door.
Did it stay on the door as he shot?
Honestly, I don't know.
Officer Zacharias
09-19-96
Page 5
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Do you know what a Weebet stance is?
Yes I do.
Was he in a Weebet stance?
...... [long pause] I can't say whether he was or not.....I, I don't know, Io tell you the
truth. I can't honestly if he was or wasn't.
Did you hear more than one shot?
NO.
You never heard the person who was inside the door say anything?
No.
No gasping, no words...
NO.
Was there anybody else In the alley, besides the three officers?
I didn't see anybody else In the alley.
Anybody else in the building?
Not that I know of, I peeked around, um, from where I was standing from the door, and
looked in. I didn't see, all I saw was the victim. I really didn't see too much else what
was in the building.
Did you see a phone?
No I didn't,
Did you see any objects that might have been in the victim's hands?
No I didn't.
Notice any blood on the victim?
I saw a little bit of blood.
Where was that?
It would have been on the ground, right next to where the victim was at.
Do you know what kind of pants the victim had on?
Honestly, no I don't.
How long would you say you're, you was from the victim?
Officer Zacharias
09-19-96
Page 6
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
I peeked around the comer, probably no more than ...5 seconds.
Did you ever the building?
No I didn't.
You never touched the victim?
No I didn't.
The victim was not anybody you knew personally.
No.
When you were talking about Officer Gillaspie raising his hand, how far would you say
he raised it, when... you mentioned that he had it pointed straight
in, would that be about waist high, or midchest high?
I would say he had it, when he fired he brought it back up, in an upward motion back
towards his body. Urn, so he probably had it a little bit abow waist high..
Just after he fired, did you look right at the weapon?
Not, I remember seeing the flash, the...it caught me off guard. I wasn't really
expecting, you know, from where I was standing, I didn't see anything threatening, you
know, I couldn't see in the building, I didn't see anything. I was pretty much
in that all of a sudden a gunshot went off. I really didn't see, know, when he fired. I
remember seeing the powder and like the flash of it. And then after that I remember
his hand dropping the weapon, right like, almost in front of me.
Did you have your weapon out?
Yes I did.
Where was it pointed?
AT the ground, it was at my side.
When he dropped the weapon, did it bounce?
I don't believe it bounced, I think it just hit on its side and laid right there.
Did he de-cock the weapon?
I don't believe he did, no, I can't tell you if he did or not. But I don't think he had the
time to de-cock it.
Knowing the function, how the weapon functions, that we carry, would that be a
standard practice? If somebody had shot, would they then de-cock the weapon?
Officer Zacharias
09-19-96
Page 7
Zach:
Fort:
Sellers:
Fort:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
Zach:
Fort:
To de-cock the weapon, um if there is nothing threatening I would de-cock my own
weapon. But if I was still firing and there was still a possibtlify of something else, that
I might have to shoot, no I would not de-cock it.
In fairness to your questions, he has not been to the range except for few minutes
with Duffy...
OK.
And his familiarity with our weapons would be minimal at best.
So you don't know if Jeff had his weapon cocked
position..
Before he fired?
Before he fired.
I did not notice it cooked at that time.
You didn't have yours cocked?
No I did not.
I can't think of anything else right at the moment.
I have one opinion question. And this is your opinion of what happened down there
that evening. Do you have any opinion, or could see any reason, why Officer Gillaspie
would have fired his weapon into that building that night?
I really don't have an opinion, because of where I was standing. I was blocked from
the view of what was seen inside. Urn, I don't know what Officer Gillaspie saw, from
what I saw dght around the comer was just a few seconds. So, really I don't have an
opinion, you know, of why he fired because of my limited access of what, you know,
I had seen, you know, prior to the incident.
But from your personal knowledge, you heard nothing that would draw, that could
cause reason to be suspicious?
I don't remember hearing anything.
You saw nothing that would cause a reason for an officer to become
alert status?
on an
Not from my position, no.
And you have no reason to know, no reason to justify him firing his weapon that you
know of?
NO.
You know no reason to not to fire his weapon, that you know of, either. would you?
Officer Zacharias
09-19-96
Page 8
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Sellers:
Zach:
Fort:
Zach:
Fort:
NO.
I have a question. To go back a little bit further, the prior call. After you cleared the
call at Lakeside what was your mental state? What was Jeff's mental state?
We were on our way, urn, back to the Police Department, talking over what had
transpired over the evening. Um, on our way to the Lakeside call, we had the windows
down in the patrol vehicle and I remember, urn, something went out the window, I
didn't, we were trying to figure out what may have gone out the window, if it was one
of our reports, or something. We were discussing different activities that had gone on
during the night, just basically going over how we handled calls, nothing unusual.
There wasn't any leftover excitement from chasing people up the stairs?
Not that I know of.
Weapons drawn at the Lakeside call?
I know Officer Steva had his weapon drawn, I did not have mine drawn. I can't tell
you..Gillaspie had his drawn or Batcheller had his drawn.
In your view, any indication that at the Lakeside call, they were pointing a weapon at
anybody, or...
I believe Officer Steva pointed his weapon at one individual. That would have been
upstairs.
Was he the first one to go up the stairs?
Steva I believe was the first one to go up the stairs, yea.
And Jeff never said anything about it when you were talking, conversation
Lakeside where Officer Kelsay stopped you.
Not really. We, urn, the four of us had all the individuals outside and were talking to
them outside. Urn, one of the individuals was upset because Officer Steva had his
weapon pointed at him, but that was the main problem that we had. Urn, nothing else
was really said about anybody else pointing their weapons.
During this conversation, anything else come to mind that you wish to have recorded
at this time reference this incident.
Nothing that I can think of.
All right. If something else does come up, let us know.
This ends the Interview with Officer Zacharias. Case #96-10. Location the same,
same people present, time now is 15:37.
Friday, October 11, 1996
PIN SCHOOL 43 ~'MATAI Annual Training
43 Accident Reconstruction School
Officer Troy Kelsay
FROM
5/11/92
6/7/93
8/23/93
12/6/93
12/6/9 3
3/24/94
5/1 O/94
5/16/94
5/17/94
10/31/94
43 Practical InvesUgaUon
43 80 hr Traffic Accident Reconstruction I
43 Traffic Accident Reconstruction I
43 ASP Baton Training
43 Laser/Lidar Treining
43 MATAI Conference
43 Midwest Assn of Tech Accident Invest
43 Basic ConversaUonal Spanish for Police
43 Advanced Hostage Seminar 2/1/95
43 Use of Force Policy Training 3/30/95
43 Police Cyclist Course 4/24/95
43 Investigation of Motorcycle Accidents 5/1/95
43 MATAI-Car/Pedestrian Accident Investig ,5/21/95
43 Use of Force Training 6/20/95
43 Spanish II 11/13/95
43 REID Child Abuse Interview Training 1/22/96
43 MATAI 5/13/96
43 F.A.T.$. Training 7/12/96
43 Gang Prevention Training 9/7/96
TO
5/13/92
6/18/93
8/24/93
12/17/93
12/17/93
3/24/94
5/10/94
5/18/94
5/19/94
11/28/94
HRS' LOCATION
24 West Des Moines
80 Kansas City, MO
16 Cedar Rapids
80 East Moline
80 East Moline, IL
8 Iowa City Police Dept
8 Iowa City PD
24 Waterloo
24 Waterloo
40 Mobile Team Unit IV
Page1
L-INSTRU-CTOR
MATAI
Public Agency Treinir
Mobile Team Trainin[
Northwestern Univ Tr
R. Allan Mebus
Laser Technology, In
MATAI
Warner Riley
Rosa Knapp, Transla
2/1/95
3/3O/95
4/27/95
5/5/95
5/25/95
8 Cedar Rapids Police/~ FBI
4 Mobile Team Unit IV
32 Mobile Team Unit IV
40 Scott Corem Col, Daw Jim Barnes, Project
40 Uncoln, NE MATAI
6/2O/95 8
11/17/95 40
1/24/96 24
5/15/96 24
7/12/96 8
9/7/96 4
ICPD ICPD
Mobile Team Unit IV Rosa Knapp, Transla
Quad C~AJrport - IL Mobile Team Unit IV
Kirkwood Community { Virgil A. Gooding, St.,
Friday, October 11,1996
Officer Jeffrey Gillaspie
Page 1
PIN SCHOOL FROM ' TO
3 Defensive Tac~cs 11/23/93 11/23/96
3 Drug Interdiction Seminar 12/2/93 12/7/93
3 Field Training Officer 11/27/95 12/1/95
3 Governor's Highway Traffic Safety 3/14/95 3/16/95
3 ILEA 137th Basic Level I Training .~ 111/94 3/11/94
3 Police Bicycle Course 6/11/96 6/14/96
3 ReportW~ng 11/13/93 11/13/96
3 Use of Force Conlinuum 6/~,9/95 6/19/95
3 Use of Force Policy Training 3/29/95 3/29/95
3 VerbaIJudo 12/21/95 12/21/95
HRS LOCATION
8 Moline, IL
8 Cedar Rapids
40 Moline, IL
24 Des Moines, IA
400 ILEA
40 Mobile Team Unit IV
8 Moline, IL
3 ICPD
4 Mobile Team Unit IV
8 Sheraton - Cedar Rap
INSTRUCTOR
Mobile Team Training
Mobile Team Training
Iowa State University
Field Services - State
Mobile Team Training
Mobile Team Training
Lt. Widmer, Lt. Johnson
Wednesday, September 18, 1996
PIN - SCHOOL'
12 8 Week Basic Level II ILEA Training
I 1:2 F.A.T.S. Training
FROM
7/11/96
?..~,~,,, =. ~.~ Page 1
TO HRS LOCATION INSTRUCTOR
4/5/96 320 Hawkeye Community I ILEA
7/11/96 8 Qued City A~rport - IL Mobile Team Unit IV
AKERS
BERG
BROTHERTON
CAMPBELL
CLA~K
TAC
.. /9
COATES
COX
CUMMINGS
DRECKF~AN
DROLL .. · . ~
DUFFY ......
FOg~ ........
FOiT
GASS .....
GILLA~PIE
IOWA CITY POLICE
FIP~S TRAINING RECORD
COURSE OF FIRE
PRAC 1 ' PRAC 2 B T Q SHOT
DATE:
N FIRE
~ TAC
HAPPEL
HART. :_..
HEICK
HEWLETT
HUFF
HUMRICHOUSE
HURD
JACKSON
RANGE OFFICER
NAME
JACOBS
JOHNSON
KEATING
KELSAY
KNOCK
KKEI
LEIK
LIHS
LINN
LIPPOLD
LONG
LORD
MC PL4-RTIN
I'~BUS
MILLER
MOOR~
MYERS
NOBLE
OCKENFELS
PETERSEN
PRESTEGARD
REYNOLDS
SCHULTZ
IOWA CITY POLICE
FIILEARM$ TRAINING RECORD
COURSE OF FIRE
TAC PRAC I PRAC 2 B T Q SHOT
DATE:
N FIRE
N TAC
RANGE OFFICER
NAME
SELLERS .-
SINGLEMAN
STEFF~I
STRAND
STROMMER
SUEPPEL
WIDHEI~
WYSS
10WA ClTY POLXCE
FIP. KAI~S TRAIllING RIgCORD
DATE:
¢0URSE OF
TA¢ PRAC ! ?RA¢ 2 B T Q SHOT N FIRE
./
N TAC
RANGE OFFICER
~ 8COR~S
PIN
35
30
11
¢5
40
1
16
5
12
7
46
10
92
33
28
3
24
88
48
31
34
15
26
27
19
41
87
82
43
8
21
14
23
91
93
36
25
37
39
42
2
18
49
22
17
Akers, Christopher M.
Berg, Kevin J.
Brotherton, Michul R.
Brucber, David M.
Campbell, Willis- A.
Clark, James R.
Coates, Vernon H. Jr.
COX, Ralph E.
Cu~ings, Frank J.
Dreck~an, Deneel A.
Droll, David A.
Duffy, Steven P.
Fort, Ronald R.
Fortmann, Steven B.
Gass, Robert J.
Gillaspie, Jeffrey A.
Happel, Robert H.
Harney, Patrick L.
Hart, Douglan S.
Heick, Kevin P.
Hewlett, Mark A.
Huff, Harry W.
Humrichoule, Gregory L.
Hurd, Kevin J.
Jaukson, Sidney B.
Jacobs, Paul 1%.
Johnson, Matthew C.
Keating, Cletus W.
Kelsay, Troy A.
Knock, Gerald E.
Krei, Brian L.
Lalla, Vicki L.
Leek, Martin L.
Lihs, Craig g.
Linn, James F.
Lippold, Erik W.
Lord, Michael T.
Maurer, Larry W.
McMartin, Edwin C.
Mabue, R. Allan
Miller, Scott A.
Moore, Daniel F.
Myers, Joel P.
Nixon, David L.
Noble, Tony M.
Ockenfels, Catherine A.
¢
$
2O
84
4?
~?
95
PIN NAI~ SCOPE
35
30
45
4O
1
16
5
12
7
10
92
24
48
Akers, Christopher M.
Berg, Kevin J.
Brotherton, Nickel
Brucher, David N.
Campbell, William A.
Clark, JessE.
Coates, Vernon H. Jr.
Cox, Ralph H.
Cu~ings, Frank J.
Dreckman, Daniel &.
Droll, David A.
Duffy, Steven P.
Fort, Ronald R.
Fortmann, Steven E.
Gass, Robert J. ~
Gillaspie, Jeffrey A.
Happel, Robert H.
Harney, Patrick L.
Hart, Douglas S.
Heick, Kevin P.
34 Hewlett, Bark A.
15 Huff, Harry W.
26 Humrichouse, Gregory L.
27 Hurd, Kevin J. ~_
19 Jackson, Sidney B.
41 Jacobs, Paul A.
87 Johnson, Matthew C.
82 Keating, CletusW.
43 Kelsay, Troy A.
8 Knock, Gerald R.
21 Krei, Brian L.
14 Lalla, Vicki L.
Leik, Mart/n L.
91 Lihs, Craig E.
93 Li~, Ja~es F.
36 Lippold, Erik W.
13 Lord, Michael T.
25 Maurer, Larry W.
McMartin, Edwin C.
39 Me. bus, R. Allan
42 Miller, Scott A.
Moore, Daniel F.
18 Myers, Joel P.
49 Nixon, David L.
Noble, Tony M.
17 Ockenfels, Catherine A. _~__
29
44
4
86
20
84
47
99
80
PIN
14
30
11
45
40
16
$
12
7
10
92
33
3
24
48
31
34
15
27
19
41
87
8
21
14
23
91
93
3~
13
25
37
39
42
2
49
22
17
29
IOWA CITY
NAME
Handgun
SCORE
Akers, Christopher M.
Banta, Bryan R.
Berg, Kevin J.
Bro~herton, Michael R.
Brucher, David M.
Ca.bell, Willial~ A.
Coates, Vernon }{. Jr.
Cox, Ralph E.
Cummings, Frank J.
Dreckman, Daniel A.
Droll, David A.
Duffy, $te~en P.
Fort, Ronald R.
Fo~, Steven E.
Gass, Robert J.
Gillaspie, Jeffrey A.
Happel, Robsr~ H.
Harne¥, Patrick L.
Hart, Dougla~ S.
Heick, Kevin P.
Hewlett, Mark A.
Ruff, Harry W.
Hu~richouse, Gregory
Hurd, Kevin J.
Jackson, Sidney B.
Jacobs, Paul A.
Johnson, Matthew C.
._~.' ..._ ~_ ~-
Kei~ay, Tro~ A.
Kaock, Gerald E.
Krei, Brian L.
Lalla, Vicki L.
Le£k, Martin Lo
Lihs, Craig E.
Linn, Ja~es F.
Lippold, Erik W.
~.ord, Michael T.
Maurer, Larry W.
Mc2dartin, Edwin C.
Mebus, R. Allan
Miller, Scott A.
Moore, Daniel F.
Myers, Joel P.
Nixon, David ~,.
Noble, Tony M.
Ockenfels, Catherine
Petersen, Debora R.
:32
9
44
4
86
2O
64
47
80
Shotgun
$¢0P~
35
14
11
45
40
5
12
?
46
10
92
33
24
48
31
34
15
26
27
19
41
87
43
ll
14
23
91
25
37
39
42
2
18
49
22
17
29
Akers, Christopher
Banta, Bryan R.
Berg, Kevin J.
Brotherton, Michael
Brucher, David
C~be11, Willi~ A.
Coates, Vernon
Cox, ~lph E.
C~ings, F~k
PrecOr, P~iel
Droll, David
~ffy,
Fort, Ronald
For~, Stev~
Gees, Ro~rt J.
Gillespie, Jeffre~
~ey, Patrick
H~, ~uglas
~eick, ~evin P.
~ewlett, ~ark
Huff, Har~
H~richouse, Gre~ L.
H~d, Kevin J.
Jac~on, Si~e~ B.
Jacobs, Paul
KelsaF~ ' Troy
~ock, ~rald
~ei, Bri~
Lalla, Vic~
Leik, Martin
Like, Craig E.
Li~, J~s F.
Lip~ld, Erik W.
Lord, Michael
Maurer, Lar~
M~a~in, Edwin
~iller, Scott
~oore, D~iel F.
Mye~s~ Joel P.
Nixon, David
Noble, To~y
Ock~fels, Ca~erina
Petersen, ~ra
:32
44
4
20
84
47
99
60
95
#idmor, ~om~y D.
¥inke~.hako,
Wes, l~Lcha~d D.
IOWA CITY POLICE DEPART~P
R~R SC~S
PIN
SCORI~
35
14
11
45
40
5
12
7
10
92
28
3
24
88
48
31
34
15
Z6
19
41
87
82
43
8
21
14
23
91
93
36
13
25
37
39
42
2
18
49
22
17
29
Akers, Christopher
Barite, Bryan R.
Berg, Kevin J.
Brotherton, Michael R.
Brucher, David M.
Campbell, William
Coates, Vernon H. Jr.
COX, Ralph E.
Cummings, Frank J.
Dreckman, Daniel A.
Droll, David A.
Duffy, Steven P.
Fort, Ronald R.
For~, Steven E.
Gees, Robert J.
Gt 11aspie, Jeffrey
ltappel, Robert H.
Harney, Patrick
Hart, Douglaa S.
Heick, Kevin P.
Hewlett= Mark A.
Huff, Harry W.
Humrichouse, Gregory L.
Hurd, Kevin J.
Jackson, Sidney B.
Jacobs, Paul A.
Johnson, Matthew C.
Keating, Cletue W.
Kelsay, Troy A.
Knuck, Gerald
Krei, Brian L.
Lalla, Vick/ L.
Leek, Martin L.
Lihs, Craig E.
Linn, Ja~ee F.
Lippold, Erik W.
Lord, Michael T.
Maurer, Larry W.
McMartin, Edwin C.
Mehus, R. Allall
Miller, Scott A.
Moore, Daniel F.
Myers, Joel P.
Nixon, David L.
Noble, Tony M.
Ockanfels, Catherine A.
Petersen, Debora R.
32
9
44
4
8~
20
84
47
99
SO
95
20
Prestega~d, hvin O. ~
Ralmolds, Ray~oad A.
Schultz, Edward P.
Sellers, D~y K.
Str~, ~ld H.
Str~r, ~ck~ J.
$ue~l, Paul C.
Wi~elhake, R.J.
~ss, ~ard D.
Gist, Ronnie J.
Batcheller, Paul J. q~ ~
IOWA CITY PO~.ICE DEPARTMENT
l~G~- SCORES
SCO~
35
20
14
3O
11
45
40
16
5
53
51
7
46
10
92
28
3
54
24
88
48
31
34
15
26
27
19
41
87
43
8
21
96
23
91
93
36
13
25
37
39
42
1
18
49
Akers, Christopher M.
Batcheller, Paul J.
Barite, Bryan R.
Berg, Kevin J.
Brotherton, Michael R.
Brucher, David M.
Campbell, Willia~ A.
Coates, Vernon H. Jr.
Cox, Ralph E.
Davis, Jennifer L.
Delaney, Michael F.
Dreckman, Daniel A.
Droll, David A.
Duffy, Steve~ P.
Fort, Ronald R.
Fortmann, Steven E.
Gist, Ronnie J.
Gass, Robert J.
Gillespie, Jeffrey A.
Gonzalez, David A.
Happal, Robert H.
Herhey, Patrick L.
Hart, Douglas S.
Heick, Kevin P.
Hewlett, Mark A.
Huff, Harry W.
Humrichouse, Gregory L.
Hurd, Kevin J.
Jackson, Sidney B.
Jacobs, Paul A.
Johnson, Matthew C.
Kelsay, Troy A.
Knock, Gerald E.
Krei, Brian L.
[.alla, Vicki L.
Leik, Martin L.
Lihs, Craig E.
[.inn, James F.
[.ippold, Erik W.
[.ord, Michael T.
Maurer, Larry W.
McMartin, Edwin C.
Mebus, R. Allan
Miller, Scott A.
Moore, D~nial F.
Myers, ~oel P.
Nixon, David L.
~?
29
86
2
6
~0
99
80
95
Noble, Tony M.
Ockenfels, ¢&~herine A.
Petersen, Debora E.
Platz, Kris~in E.
Prestegard, !~evin O.
Re~o~ds, ~nd A.
S~ul~z, Edward P.-
Sellers, D~y K.
Shaffer, ~ise A.
S~ngl~, Chiles E.
St~ff~, J~e$ D.
Steva, ~nald J.
Str~d, ~nald ~.
S~, Becki J.
~inkelhake,
Firearms Qualification
sept. 28 thru Oct. 2, 1992
Cedar Rapids Police Dept. Range
Range Officers: Duffy, Schultz, Cox
Scores Pistol
Shotgun
Night Fire
Harney Patrick 98
Strand, Donald 98 P
Widmer, Tommy 100 p
Fort, Roneld 9& p
Johnson, Matthew 94 p
Sellers, Danny 100 P
Lihs, Craig 100 p
Keating, Cletus 100 P
Sueppel, Paul 98 p
Linn, James 100 p
Wyss, Richard 100 p
Clark, James 96 p
Moore, Daniel 100 p
Schultz, Edward 100 p
Cox, Ralph 100 p
SinEleman, Charles 100 p
Dreckman, Daniel 95 p
Knock, Gerald 90 p
Preste§ard, Kevin 92 p
Duffy, Steven 100 p
Brotherton, Michael 100 p
Cummings, Frank 100 p
Lord, Michael 96 p
Laila, Vicki 96 p
Huff, Harry 100 p
Coates, Vernon 96 p
Ockenfels, Catherine 96 p
Myers, Joel 100 p
Jackson, Sidney 96
Steffen, James 98 p
Krei, Brian 100 p
Noble, Tony 100 p
Leik, Marfin 98 p
Happe], Robert 98 p
Maurer, Larry 100 p
Hurd, Kevin 98 p
Gass, Robert 100 p
Petersen, Debora 100 p
Berg, Kevin 100 p
Heik, Kevin 98 p
Fortmann, Steven 100 p
Hewlett, Mark 100 p
Akers, Christopher 100 p
Lippold, Erik 100 p
McMarr/n, Edwin 100 p
Long, Russell 98 p
Mebus, Allan 100 p
CampbeA1, William 100 p
100
92
100
100
100
100
94
98
100
90
98
100
100
96
96
98
98
100
96
100
82
90
100
80
98
100
96
100
96
98
100
100
100
98
90
96
100
92
98
100
98
100
100
98
100
88
Jacobs, Paul 94
l~tller, Scott 100
Eelsay, Troy 100
Reynolds, Raymond 100
Brucher, David
Droll, David 100
100
P
P
P
P
P
P
98
96
100
98
100
100
ICPD FIREAmS QUALIFICATIONS
October 1991
NAME
DAY FIRE NIGHT FIRE SHOTGUN
AKERS, Chris
BERG, Kevin
BROTHERTON, Mike
BRUCHER, David
CAMPBELL, William
CLARK, James
COATES, Vernon
COX, Ralph
CUMMINGS, Frank
DRECKMAN, Daniel
DUFFY, Steven
FORTMANN, Steven
FORT, Ron
GASS, Robert
HAPPEL, Robert
HARNEY, Patrick
HEICK, Kevin
HEWLETT, Mark
HUFF, Harry
HURD, Kevin
JACKSON, Sidney
JACOBS, Paul
JOHNSON, Matthew
KEATING, Cletus
KELSAY, Troy
KNOCK, Gerald
KREI, Brian
LALLA, Vicki
LEIK, Martin
LIHS, Craig
LINN, James
LIPPOLD, Erik
LONG, Russell
LORD, Michael
MAURER, Larry
McMARTIN, Edwin
MEBUS, Allan
MILLER, Scott
MOORE, Daniel
95.6
98.4
98.8
100
99.6
96.4
91) .8
99.6
90.8
93.2
88.8
100
96.0
96.0
99.6
99.6
96.8
95.2
92
80.0
98.8
96
98.0
86.8
99,6
96.8
96.8
99.2
100
100
98.0
97.8
99.6
99.2
98.8
90,8
97.6
INJURY
92.8 P
96 P
87.2 P
91.2 P
84.8 P
84 P
84.8 P
97.6 P
91.2 P
94.4 P
98.6 P
79.2 P
88.8 P
86 P
90 P
86 P
97.6 P
99.6 P
84.0 P
90.4 P
78.0 P
88.8 P
94.8 P
98.4 P
93.5 P
94 P
84.8 P
94 P
92 P
100 P
92 P
97.2 P
70.0 P
92.4 P
98.8 P
95.6 P
82.8 P
92.4 P
PAGE 2
NAME
DAY FIRE NIGHT FIRE SHOTGUN
MYERS, Joel 98 90 P
NOBLE, Tony 96.4 98 P
OCKENFELS, Cathy 96.8 87.6 P
PETERSEN, Oeb 100 97.6 P
PRESTEGARD, Kevin 96.8 92.8 ~
REYNOLDS, Ray 98.8 97.6
ROSS, Kevin 98 91.2 P
SCHULTZ, Ed 98 97.6 P
SELLERS, Dan 96.0 98.0 P
SZNGLEMAN, Charles 94.4 83.6 P
STEFFEN, James 94.8 90 P
STRAND, Don 96.4 86.4 P
SUEPPEL, Paul 82 90.4 P
WIDHER, Tommy 100 99.2 P
WYSS, Rick 91.2 80.8 P
2
3
4
IN RE: THE 5~TTER OF )
JEFFREY GILLASPIE )
SWORN STATEMENT OF
JEFFREY GILLASPIE
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A P P E A R A N C E S
MR. J. PATRICK WHITE, Johnson County
Attorney, Johnson County Courthouse,
Iowa City, Iowa 52240; Representing
the State of Iowa.
MR. BRUCE L. W;tLKER and MR. STEVEN
REGENWETHER, Phelan, Tucker, Mullen
Walker, Tucker & Gelman, 321 East
Market Street, Iowa City, Iowa
52240; Representing the Witness.
A L S 0 P R E S E N T
MR. Ronald D. DeRooi, Special Agent,
Iowa Division of Criminal Investigation,
22365 20th Avenue, Stockton, Iowa
52769-9261.
(The following is the sworn statement of
JEFFREY GILLASPIE, taken in the above-captioned
matter, on the 12th day of September, 1996, between
the hours of 9:40 a.m. and 11:50 a.m., at the offices
of Phelan, Tucker, Mullen, Walker, Tucker & Gelman,
321 East Market Street, Iowa City, Iowa 52240.)
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
19
20
21
22
23
24
25
DeROOI
WHITE
INDEX
Page
6, 79
61
2
P R 0 C E E D I N G S
(September 12, 1996; 9:40 a.m.)
MR. WALKER: Let's let the record reflect
the presences; that this is a statement
being given by Jeff Gillaspie voluntarily,
and that before the statement begins, he
would be placed under oath by you.
MR. REGE~WETHER: Can we talk a minute?
(A discussion was held off the record.)
(Mr. Walker and Mr. Regenwether briefly left
the room and returned.)
Do you want it sworn?
MR. WALKER:
MR. WHITE: I'd prefer it. Given the
choice, I certainly would, yes.
MR. WALKER: Do you want to -- while I am
dictating this, do you want Jeff to step out
and explain the situation as you understand?
(The Witness and Mr. Regenwether left the
room.)
1
2
3
4
5
6
7
9
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
3
MR. WALKER: Before today, we were contacted
by Special Agent DeRooi with a request to
provide this statement; that I had offered
to supply whatever information Officer
DeRooi wanted, but he wanted the interview
with Jeff Gallaspie. I then spoke to Mr.
White and, again, repeated the offer to
provide whatever information the
investigation needed directly to him and did
answer his questions, but the statement from
Jeff was requested,
that info=mation.
on behalf of Jeff,
in addition to providing
We agreed, at that time,
to allow Mr. White to
take the statement from Jeff Gallaspie and
he preferred to have the statement taken by
Special Agent DeRooi; that before the
statement is given today, we had requested
any transcripts, notes or memorandum
concerning any statements given by Jeff
Gallaspie to the D.C.I. or to -- indirectly
to any other persons the evening of this
incident or the morning of this incident and
they have not been supplied. I understand
that they're in typing and that they are not
available or at least they were when I made
1
2
3
4
5
6
7
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
the request. We also reqqaested that all
test results in the possession of the D.C.I.
or any other agency or entity concerning
tests performed on the weapon involved be
made available before the statement and we
have not been provided any such test results
and, in fact, were told the test results
were not completed or not done at that time.
(The witness and Mr. Regenwether returned.)
MR. WALKERe Jeff, initially and throughout
our discussions, has been willing and wanted
to cooperate and provide this statement. We
have raised our objections. He has listened
.to our advice, I think, and is still willing
to give this statement voluntarily.
Initially, we checked with his counselor
that he is seeing for emotional,
psychological reasons, %0 determine whether
there is a reason emotionally why he
shouldn't be giving such a statement and
were told that there was no reason
medically, emotionally or physically. We
also tried to line the statement up on
Wednesday of this week but because of the
inability to get a written statement from
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5
the City and its excess insurance carrier
that they would not claim that he was
failing to cooperate under 670.8, we were
unable to line it up until today, but we are
proceeding now with their understanding and
knowledge. I have agreed to supply a copy
of this statement to Charles Brooke, the
attorney for the excess carrier in this
case. And as I understand it, Special Agent
DeRooi and Mr. White will be obtaining their
copies. We have no intention, on our part,
to disclose any of this to the public. We
are not asking that the county attorney not
disclose it to the public, but we understand
that the D.C.I.'s copy will remain
confidential until it is disclosed to the
county attorney and then he has the decision
to do what he wants with the transcript of
the statement. Anything you gentlemen want
to add?
F=R. WHITE: Though, I think that record's
accurate, I guess I would add that I
understand and agree that you had an
appropriate interest in the cooperation
clause of the policy and that that was an
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
entirely appropriate inquiz5, and whatever
delay results from that is understandable.
MR. WALKER: Anything you bare to --
MR. DeROOI: No.
MR. WALKER: You ready to start, Jeff?
(A discussion was held off the record.)
JEFFREY GILLASPIE,
the witness, was duly sworn to testify the truth, the
whole truth, and nothing but the truth, was examined,
and testified as follows:
E X A M_I N A T I O N
BY MR. DeROOI:
Q. Jeff, for the record, could you state your full
name, middle name
last name for me?
A. It's Jeffrey
Q. Your date of
A. -- G-I-L-L-A-S-P-I-E.
February 8, 1970.
Qe
and last name and then spell your
Gillaspie --
birth, Jeffrey?
My date of
Where were you born?
I was born in Fairfield, Iowa.
Fairfield High School. Well,
junior high and high school.
birth is
Did you attend school there?
I was -- yeah, I went through all my school at
elementary school,
2
3
4
5
6
7
9
10
1!
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Qe
A.
Davenport,
And graduating what year?
1988.
You attended college?
Yes.
Where was that?
I attended college at St.
Iowa.
Ambrose University in
7
Q. Okay. Your college education? Can you give me
brief description on your majors, any employment you
had during college?
A. I -- I graduated with a degree in history from
St. Ambrose. I worked -- I'm in the national guard
myself. I play trumpet in the 34th Army Band. I --
in college I worked for the school as a security
guard, I think my junior and senior year. I worked
a
!
2
3
4
5
6
7
$
9
10
11
12
13
14
15
17
19
2O
21
22
23
24
25
part-time for a while at a sporting goods store to
make extra money.
Q. What's the name of the supporting goods store?
A. It's Winborn Sporting Goods on Harrison Street.
8
BY MR.
DeR00I=
Okay. Did you have a minor in college?
I -- I got interested in criminal justice but I
didn't have enough credits
when I graduated.
Q.
St.
A. Yes.
Q. Your major was in history?
A. History.
Q.
enforcement field,
to actually make it
They had the criminal justice degree at
AarProse?
a miRor
Just briefly describe your employment in the law
how it started and what departments
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you were with.
A. My
Liberty Police Department. I don't
I was hired. It was in the fall of
first law enforcement job was with the West
remember the date
my senior year in
college and then I got hired as a part-time police
officer. I worked for them for less than a year,
think, and then I was hired by the Iowa City Police
Department.
9
I talked with
Q. Who was your supervisor at West Liberty?
A. Mark Koph.
Q. Have you talked to Mark lately?
A. I haven't talked to Mark, no.
Q. When was the last time you spoke to Mark?
A. I haven't spoken to Mark since the incident. He
left a message on m~ answering machine. He didn't --
Bobby Hartman left a message on my answering machine
expressing --
Q. Bobby Hartman; H-A-R-T-M-A-N?
A. Yes.
Q. Did you speak with Mark Koph prior to the
incident?
A. Sure. I keep in touch with him.
him every -- once every couple of weeks.
MR. WALKER: She's gonna need a spelling for
Koph.
10
i THE WITNESS: K-O-P-H.
2 BY MR. DeROOI:
3 Q. After leaving West Liberty where did you go from
4 there?
5 A. I got hired by the Iowa City Police Department.
6 Q. Did you attend the Iowa Basic Law Enforcement
7 Academy?
8 A. Yes.
9 Q. When was that?
20 A. I got hired by the Iowa City Police Department
11 October 1st of '93. I was supposed to leave for the
12 academy that following Monday. I got appendicitis,
13 got to the hospital and they took my appendix out. I
14 don't believe I got to the academy until -- I think it
15 was January that following --
16 Q. So how long academy was that?
17 A. I think it was a ten-week academy.
18 Q. I have an idea of the type of training you
19 received at the academy.
20 A. General basic law enforcement training to be
21 certified as a police officer in the state of Iowa.
22 Well, criminal law, search and seizure, driving
23 techniques, defensive tactics, physical fitness,
24 crisis intervention, firearms, baton training, all the
25 stuff.
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
11
Q. Did you, while with Iowa Cit~ in the initial
stages of your employment after your academy training --
did you receive any type of field training?
A. Yes.
Q. And explain to me.
A. I -- Iowa City has a field training program.
went through field training with the field training
officers. There's -- that field training program
consisted of officers rotating through basically a
month on each watch with a training officer on each
watch: Day watch, evening watch and late night watch.
And then after that, there was -- I can't remember how
long a time period after that and then you were put
out on your own after the field training officer said
that you were ready for solo patrol.
Q. Who were your field training officers?
A. Kevin Heick, Steve Fortmann, Kevin Hurd, my three
field training officers. There may have been other
field training officers just because if a field
training officer
us with other ones.
you know, if -- if I
one or two days and some
is sick or is on vacation, they put
I don't remember specifically,
had -- I think I had Harry Huff
others.
Q. Okay. Since your field training and going out
as you say, on your ow~, as a patrolman, I take it
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
19
2O
21
22
23
24
25
that's your status
A.
Q.
at that time?
Yes.
Did you receive any training between that
period
12
of time and up till recent?
A. Sure.
Q. Okay. And what kind of training did you receive
then?
A. There's -- it's called MATS training every
winter, which is Multi-Agency Training System, I think
it stands for, and that involves recertifying us in
CPR, defensive tactics, the county attorney's office
to speak about topical
And on top of that there
training that was sometimes just a
usually sends someone over
issues in law enforcement.
was departmental
day of training or here and there. Yeah, we received
training fairly often. It may -- I think the
department's idea of training -- sometimes we would
even have a 15-m{nute --
that kind of thing.
Q. Bow about firearms training, was that part of
your --
A. Yeah.
Qo -- MATS?
A. No, firearms -- MATS
like watch a video class and
is in the winter. Firearms
Usually fall and spring.
training is twice a year.
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. When was the
service --
A.
Q.
last time you were
13
qualified in your
It would have been spring.
It's my understanding that the service revolver
that you carry was a department-owned firearm?
A. Yes. Department owns and issues the firearms.
Q. And that the weapon that you qualified with --
A. Yes.
Q. -- remained in your possession?
A. Yes.
Q. Have you ever had any other training other than
what we have covered -- MATS training and the firearm
training?
A. Law enforcement training?
Q. Right.
A. I have been to some schools like when I went to
they made me an F.T.O. I would go to F.T.0. I have
been to drug interdiction school in Cedar Rapids.
Q. All right.
A. I have been to police bicycle schools, see if I
could be certified to be a bicycle policeman.
Team
Urn-hum.
I have been to schools like that.
Who put on those schools?
The -- F.T.O. school was put on hy Moh£1e
14
1 Training Unit and that's in East Moline, Illinois, and
2 the bicycle training school was put on with multi-team
3 training in the Moline Police Department. The drug
4 interdiction school was put on by D.C.I. or D.N.E. and
5 the Cedar Rapids Police Department.
6 Q. The firearm that you carried the night of August
7 30, 1996, that was utilized in the shooting of Eric
8 Shaw, had you made any modifications to that weapon at
9 all?
10 A. No.
11 Q. Had the depar~ent, to your knowledge, made any
12 modifications on that weapon?
13 A. No.
14 Q. Had that weapon ever been out of your control for
15 a period of time prior to this?
16 A. I left my weapon every night in the locker room,
17 police locker room. I didn't take it home with me.
18 Q. Secured in the locker?
19 A. Yeah.
20 Q. Was that weapon inspected by your firearms
21 people, officer?
22 A. I think the firearms instructors inspected the
23 weapons when they first issued them to us. We -- when
24 I came on, we originally carried a nine-millimeter
25 Beretta and then they upgraded to 40-caliber Berettas.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
inspected when they first issued
I think they were
new weapons to us.
Q. That weapon has been in your possession then
how long?
A. I think we changed from nine millimeters to
calibers in the spring or summer of '94, so it's
in my possession from the time it was issued to me
until the night of the shooting.
Q. Over two years?
A. Yeah, that sounds right.
Q. Through that two-year period, you know, had it
ever been inspected, broken down or looked at by a
trained fireaLms -- an armorer?
A. I don't believe so.
Q. To your knowledge,
to the weapon?
A. No.
Q. Did you have
malfunctioned --
A. No.
Q. -- jammed? Did you have any
weapon malfunctioned?
MR o WALKER:
A. No.
for
40
been
there's been no modification
any complication with the weapon
in%errupt.
15
the
situation where the
Excuse me. I don't mean to
Please let him finish his
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
question before you answer.
over that.
THE WITNESS:
MR. WALKER:
just forgot.
MR. DeR00I: Could you restate the
question, please?
(The previous question was read
reporter.)
We have been
Yes.
You've been doing fine.
You
last
aloud by the
I a~ a late car on the
I come in at 3:15. I have
3:15. The shift's actually
to 11:30 p.m.
A. I -- on the range, I may have had a jam at some
point but it wasn't a continuing problem. I think,
since I have had the weapon, it may have jammed on the
firing range maybe once but it was not a problem that
continued so they assumed it was an ammunition problem
and not a weapon problem, I guess.
Q. Okay. The shooting of Eric Shaw occurred on what
date?
A. The 30th.
Q. About what time did that happen?
A. After 11:30.
Q. Which shift were you working that day?
A.
I am on evening watch.
evening watch. That means
to be in the squad room at
supposed to go from 3:30
17
i Q. And how long had you been on this shift? Did you
2 rotate -- your shifts rotate or is this a standard
3 shift for you, the shift that you work?
4 A. Yes, I had been assigned the three to eleven
5 watch. Before that I had been on what was called a
6 power watch or on the training watch and that was a
7 shift that went from seven p.m. to three a.m. but
8 my -- I'd been on three to eleven watch for a couple
9 months at least.
10 Q. What -- in your rotation, what day of the week
11 were you on as far as shift-wise? Was it the
12 beginning of the rotation? How did the rotation in
13 your schedule work?
14 A. I'm sorry, I don't remember. I wasn't -- I
15 hadn't just come off of days. They have days assigned
16 to us like A through G, and I'm a B, but I'm sorry, I
17 don't remember whether I was in the ~iddle of my week
18 or towards the end. I don't remember.
19 Q. Okay. August 30th, what time did you get up that
20 day?
21 A.
22 I have a tendency to sleep in. I go to bed about --
23 11:30,
24 I
25 I usually sleep
When I worked three to eleven's I usually get up --
usually leave the station -- if I got off at
usually leave the station around midnight so
probably don't get to bed till one.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
18
till ten. Something like that.
Q. What did you do after you got up? What was
routine up until you went to work at 3:30 that
your
particular day?
A.
My routine, I
guess, I get up, watch TV, maybe run some errands,
grab lunch. Usually I had a habit of getting to the
station fairly early, so I usually get to the station
around two or 2:30. Either shower at the station or
shower at home and go to work.
Q. What did you do that day, though?
A. I don't remember exactly what I did that day,
if -- I -- I'm sorry. The days have run together. I
don't think I did anything different than I usually
do, but I don't remember anything out of the ordinary
that I did that day.
DO you recall what ti~e your shift started that
day
A.
or what --
Well, we have to be at the squad meeting at 3:15
and so I -- I am sure I was in the locker room by 2:30
and getting dressed and sitting at a squad table at
3:15, and 3:15 to 3:30 they read what's called a Hot
Sheet, which just has information regarding problem
areas, stolen cars, officer safety issues, information
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
19
that they think needs to get out to the patrolmen.
Q. Did they discuss any officer safety issues, in
particular, that day that you recall?
A. That particular day, I can't remember if they
discu&sed any issues that -- Hot Sheet's a -- everyone
gets one -- is a piece of paper and at the top it has
today's date and the supervisors, then a list of
officers that are working, what cars are assigned and
what areas they're working and below that there's a --
a list of fairly recent stolen cars and below that is
officer safety and below that is miscellaneous
information that they want to put out.
Q. Okay. Who prepares this document?
A. That's put out by the watch commander or the
patrol sergeant and that would have been -- my watch
commander is Lieutenant Widmer, Sergeant Linn and
Sergeant Lord, the three command staff people I have
above me on three to eleven watch.
Q. To your knowledge, was there any special
investigation ongoing by the Iowa City Police
Department at that particular time that was brought to
your attention?
A. We -- I don't know if there was that day or not.
They had, within the last couple days prior to the
incident -- they passed out a sheet of --
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
computer-generated sheet
burglaries that had been
concerned about there'd been a sharp increase in
burglaries and they put out a computer-generated
20
like two or three pages --
occurring. Command staff was
sheet
that had showed all th~ commercial burglaries that had
occurred over the last -- I think it was a couple
months and they wanted us out, you know, as a presence
and also to be aware in our situation -- aware of --
of
Q. day,
this situation and keep our eyes open.
Okay. Your responsibilities that particular
did they go beyond just being a patrolman? Did you
have other functions that you were required to perform
as a result of your employment with Iowa City?
A. I'm a Field Training Officer so I had a trainee,
a rookie officer, with me.
Q. And explain to me the stages that he was in as a
trainee, and I am sure it's similar to what you
explained to us earlier but explain to -- explain as
far as what your functions were and where he was at.
A. He is step two. ~e had started, I believe, on
day watch and had rotated from day watch after a month
on day watch to me on afternoons. My responsibilities
as an F.T.O. is to train, to teach, to evaluate, to
document. I have these sheets of paper that are
called D.O.RoS, Daily Observation Reports, that I have
1
2
3
4
5
6
7
9
10
12
14
15
16
17
19
20
21
22
23
24
25
to fill out on my trainee's status,
progressing in the F.T.O. program,
how he is
if he is meeting
21
standards, if he's progressing at an acceptable level,
and then at the end of that, end of a week, I am
supposed to write out a weekly observation report and
then the sergeant -- Sergeant Lalla, who is in charge
of the trainee program, and I get together and talk
about our trainee and then she talks to the trainee
and tells him what he needs to work on, what he is
doing good on and et cetera.
Had -- and the officer that you were training
Qe
was?
A.
Q.
Darrin Zacharias.
Had Darrin been performing up to the
that he was required to meet at this time
A. Darrin was in step two. It's the step
step one. Step one is a program, basically,
trainee is just observing the F.T.O. do everything.
Step two is where I start forcing the probationary
officer to
He was
in his
geography of the city. He was having some problems
with, I think, asserting himself. He had a tendency
to let me do everything, but these problems were not
standards
in step two?
just above
where the
start asserting himself and doing things.
not below average but he was not above average
performance° He was having problems with
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
22
unusual in new officers. He was -- he was good in the
fact that he was calm-headed. He didn't get into
fights with people or get people angry at him or
anything like that. So I had some concerns but they
were concerns I felt that he would progress through a
successful completion if he, you know, spent some time
on working on the areas he was inefficient in.
Q. How many officers had you trained besides Darrin?
A. I trained -- before Darrin there was -- I had
D.J. $teva, there was Jenny Davis. Let's see. I also
had somebody else. I had Mike Delainey. I had --
also had at some point -- not as
I had had a new officer named --
I can't think of his last name at all but
been his primary F.T.0.
Q. In those officers
a primary F.T.O. but
I can see his face.
I hadn't
So four, five.
-- in those four or five
officers they subsequently completed the F.T.O.
program?
A. All the F.T.O.s that I was a primary to.
5
6
7
8
9
l0
12
13
14
15
16
18
19
2O
21
22
23
24
25
1
2
3
4
BY MR.
23
(A discussion was held off the record.)
(A recess was held from 10:13 a.m. to 10:17
a.m.)
DeROOI:
Q. I am gonna back up here just a minute. Jeff, I
want to cover some items that -- on your background
before we get into the particulars about August 30th,
1996, and just be specific here. When you talk about
the incident, you're talking about the shooting of
Eric Shaw that happened on August 30th, 19967
Yes.
Okay. Do you have any me4ical disabilities at
all?
A.
Q.
Okay.
appendicitis you talked about?
A. I had a mole removed like when
school, I think.
Q.
A.
Any -- any surgery other than the
was in high
Okay. Your eyesight? What's your eyesight?
I wear contacts or glasses. My eyesight's not
real bad. I can still pass like on the driver's
licensing exam without having glasses but when I
was -- when I was in training with Kevin Hurd, he
noticed on late nights that I started squinting at
1
3
4
5
6
7
8
9
l0
ll
12
13
14
15
16
17
19
20
21
22
23
24
25
license plates and so, you
wear contacts or glasses.
Q. Okay.
A. Yes.
know,
You had contacts in
MR. ~ALKER:
A.
would have been last
when I was on duty,
Let him finish, please.
your eyesight?
-- on August 30th?
Yes, I did.
Uncorrected, what is
I don't know.
Corrected, what is it?
Qe
think.
Q.
A.
Q.
A.
Corrected, I assume it's 20/20.
When was the last tiJme you had an eye exam?
I got some glasses from Pearle and that probably
fall.
24
I
Fall of ninety --
Fall of -- well, it's '96 now. So fall of '95, I
And that came from Pearle Vision located where?
Cedar Rapids.
Is that at the mall or where is it located at?
Yeah, it's in -- I think it's in the big mall on
the west side, I think. Before that, I got glasses
from Eye Assooiates of Iowa City. They're in
Towncrest Medical Plaza and then to prescribe my
contacts, too.
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
19
20
21
22
24
25
BY MR.
MR. WALKER: Could we go off the record a
second?
(A discussion was held off the record.)
MR. WALKERr We can go back on.
(A discussion was held off the record.)
DeROOI:
25
!
2
3
4
5
6
7
$
9
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Q. If I understand you correctly -- back to some
medical questions here. Are you on any current
prescribed medication?
A. No, I'm not.
Q. How about at the ti~e of the incident, August
30th?
A. No, I was not.
Q. Were you on any over-the-counter medication, like
aspirin?
A. No, I hadn't taken any medicine at all.
thing I took every day -- or try to take every day is
a supplemental vitamin.
Q. What kind is that?
A. One -- multi-vitamins. One-a-Day or something
like that.
Q. Okay. How about alcohol?
A. No.
Q. You have used alcohol or use alcohol?
A. Have I used alcohol?
Q. Yes.
A. Yes.
The only
1 Q.
2 A.
3 Q.
4
5
6
7
9
1!
13
14
15
16
17
18
19
20
21
22
23
24
25
27
On August 30th had you been drinking at all?
No.
When was the last time, prior to August 30, that
you consumed any alcohol, beer?
A. I -- I don't recall the last time. Probably
within a two-week period. I'd had a couple of beers
before that.
Q. Would you have
had those with somebody?
A. I don't drink alone.
beers in a two-week period,
Alone?
If I would have had any.
it would have been with my
girlfriend at dinner, I would guess.
Q. Any illegal drug use? Anything that's not
prescribed or not sold over-the-counter, is all I'm
asking there.
~. WA?.KER: Just a minute. Are we talking
about within a 48-hour period of the event?
'MR. DeR00I: Yes.
A. No.
1
2
3
4
5
6
7
8
9
l0
ll
13
14
15
17
18
19
20
21
22
23
24
25
BY MR. DeROOI:
Q. Jeff, in regards -- back to employment. In
regards to employment, have you applied for any
positions o~her than the Iowa City Police Department
in the last year or two years?
A. In the last two years?
Q. Prior to that, any other law enforcement
applications that you have completed or --
ae
I wanted to be a police officer
28
Before I went to the Iowa City Police Department?
Right.
Yes.
And what departments were those with?
Well, when I was testing around, out of college,
so I tested for
29
3
4
1
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
Davenport Police Department, Sco=t County, City of
Dubuque, State Patrol, Bettendorf Police Department-
Those are the ones that I remember going through, at
least some of the test process, with.
Q. Did you go completely through those test
procedures with those departments that you named?
A. I made the list at the Bettendorf Police
Department when I was a junior in college, so yes, I
was on their certified
that year. Obviously,
on -- I made their list.
on the Dubuque test and I
list. They didn't hire anybody
with Iowa City, you know, I was
I didn't score high enough
didn't -- I didn't get
through all the tests on all the departments.
Q. were you ever denied testing with any of the
departments you have talked about?
A. Denied testing?
Q. Yeah.
A. NO.
Q. You started your
August 30th, 1996, is
shift at approximately 3:30 on
that correct?
Yes.
And during that time fra~ne, officer Zacharias was
with you?
A. Yes.
Q. The entire shift?
SANDRA E. EDWARDS
1 A.
2
3
4 A.
5 Q.
6 A.
7 Q.
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Qe
that night?
He drove.
The entire shift?
I believe so, yes.
Yes.
Was he driving that night? Was he a passenger
30
If you could, in order of'sequence, describe to
me the calls that you recall having that day, type of
calls you were on, the type of incidents, the outcome
of each call?
A. The last incident that I recall very well was
a -- a 10-10, a fight involving a knife, out at the
Lakeside Apartments. That was the call -- the last
call that we had prior to being flagged down by
Detective Kelsay. As for calls that happened before
that last.knife fight call, I don't have anything
that's really jumping to mind specifically. I
remember that call well and the one that occurred
after that, but before that, I don't recall anything
out of the ordinary in police work.
Q. Do you remember the first thing you did on that
particular day when you started your shift?
A. I think the first thing I did was what Zacharias
and I usually did and we'd get together and
invariably, as a F.T.O., there's lots of paper work
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
31
that has to be done and I am assuming that's -- almost
what we always did was at the start of the shift, I'd
try to catch up on my F.T.0. paper work and we'd go
out to the squad car. He, as a new officer, needs to
set up the squad car, make sure the lights and sirens,
radios working and all that kind of stuff and then,
you know, check what area that we're assigned and that
kind of stuff.
Q. You did all that that day as part of your
routine?
A. I believe so.
Q. You don't have any recollection of the type of
calls you were on that day?
A. If I had, you know, the C.A.D. printout of the
calls that I was dispatched to that day, I am sure it
would trip my memory on some of the calls. It seems
like that it was basic -- a basic Friday and Friday's
are traditionally busy and I know we went on lots of
calls but the last thing that I remember clearly that,
you know, sticks in my mind before the incident is the
call that we were on right before that. I mean, I
think I remember where we ate that night. I think we
ate at Arby's in the mall, but I -- I'm sorry° The
last call I really remember was the knife fight call
out at Lakeside.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
32
Q. And describe that to me.
A. Well, it was -~ it was put out -- dispatched as a
10-10 involving a knife. Description was two black
males, I think, on the north side of building 24 or
27. I can't remember for sure what building. We
answered up to back on that.
Q. Explain that statement.
A. There's a primary unit -- is automatically sent
and then back-up units get on the radio and answer up
on the radio and advise dispatch that they will be
back-up units and also go on that. It's one of those
things where the dispatcher, if no one would have
answered up to back -- where a dispatcher would get on
the radio where he needed a unit to clear, to back the
primary car on the 10-10 so I don't know if I answered
up to back on the radio or if Darrin did. We answered
up to back. We responded code three, lights and
and we were the third car to arrive at the
sirens,
10-10.
Q.
A.
What happened after that?
Officer Paul Batcheller and Officer Steva were
already there ahead of us.
Q. The primary unit?
A. I think the primary unit was Steva,
but I
I believe,
don't know if Batcheliot got there ahead of him
33
1 or at the same time, and those two squad cars were
2 setting there when we pulled up. Batcheller advised
3 on the radio that, from talking to a witness, who I
4 think was that
5 the problem and whoever the person -- possibly had the
i 6 knife -- had moved into a-specific apartment. The
7 10-10 was supposedly -- I think -- I think that the
8 10-10 was supposedly on the south side and the person --
9 people involved had moved to the north side of the
10 building, around the building, and gone into an
11 apartment. Zacharias and I walked up. Batcheller and
12 Steva walked up. Batcheller, Steva knocked on the
13 door. There was -- the door was answered. There were
14 numerous black males inside. Also, a black female.
15 And Officer Steva advised, you know, why we were there
16 and the information we had that they might possibly be
17 armed. I recognized one of the gentlemen there named
18 just 'cause the previous summer I had been
19 on many calls where he'd been involved and he'd been
20 arrested. I recognized some other people as people
21 that we had dealt with fairly regularly as police
22 officers. Officer Steva was standing in the doorway
23 and a black male came down the stairs and Officer
24 Steva saw him and said, "Come down the stairs." The --
25 the black male then turned and ran up the stairs.
1
2
3
4
5
6
7
8
9
10
ll
12
15
16
17
18
19
20
21
22
23
24
25
34
Officer Steva ran up after him. He ran into a
bathroom, I guess, and Steva told me afterward that he
had ran up the stairs and started pouring something in
the toilet. Steva didn't know if he was, I think,
just discarding the weapon or drugs or what, but it
ended up being -- the kid was just under age and had a
40-ouncer of beer. So we didn't find the knife.
However, that got everybody really upset that Steva
had run into the apartment and kind of tackled this
guy in the upstairs bathroom so we probably spent the
next 15 m4nutes at the call, once it was safe, you
know, just explaining why this happened and the
information we had at the scene. The black female
wanted all of -- all of the males removed from the
apartment because they didn't live there and she felt
that they were troublemakers and didn't want any
you
A.
trouble at her apartment.
and after that we cleared.
Who was the female?
recall?
had
So they voluntarily left
Who owned the apartment, do
I think it was -- one of the other males was
another person that
dealt with several times before, and knew -- to
see him, knew who he was.
!
3
4
5
6
7
9
10 Q.
11 A.
12
14 A.
15 Q.
16 A.
17
18
19
2O
21
22
23
24
25
35
Did you
individual up the stairs with Officer Steva?
A. Well, I followed Officer Steva upstairs.
take part in chasing the male -- black
diun't want him to go upstairs by himself and I
know what he had. I just saw him running up the
I
didn' t
stairs and I wasn't gonna leave him up there by
himself in a dangerous situation so I ran up the
stairs after him.
What was he saying as he ran up the stairs?
He was saying, "Stop. Stop, police. Stop." He
grabbed the guy in the bathroom.
Were there any weapons drawn at this point?
Officer Steva had his weapon drawn.
Did you have your weapon drawn?
I can't remember if I had my weapon -- I think I
had my weapon -- when we originally were approaching
the house to make contact, I think I had my weapon
drawn but just at my side, and then when we went into
the apartment, I can't remember if I had reholstered
it at that point or not. I think I had because there
was some people in there and then when he went running
up the stairs, I saw that Officer Steva had drawn
weapon. I didn't see him pointing it at the guy.
I got up the
his
As
stairs, he was reholstering his weapon.
36
i He had the guy pushed against a corner in the bathroom
2 and he was reholstering his weapon.
3 Q. $o Officer Steva's attention was to the male
4 individual that he chased up the stairs at that time?
5 A. Yes.
6 Q. And Zacharias was where at this time?
7 A. He was downstairs -- when I was upstairs, is that
8 what you were asking me?
9 Q. Um-hum.
10 A. He was downstairs and I believe Officer
11 Batcheller was do~a~stairs.
12 Q. What were they doing at this time?
13 A. They had put some people -- once Officer Steva
14 ran up the stairs after this person that was, you
15 know, fleeing and disregarding his orders to stop,
16 everything kind of went into an uproar and I think
17 officers Batcheller and Zaoharias had people down on
18 the floor at gun point in the downstairs, and just
19 telling them to keep their hands where they could see
20
21
22
23
24
25
them and that kind of stuff.
Q. And what was the purpose of that?
A. When -- at that point I assumed that Officer
Bateheller and Zacharias
possibility of a weapon.
you,
were concerned about the
I think to be honest with
that their concern was heightened because, I'm
1
3
4
5
6
7
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
37
sure, Officer Batcheller recognized some people that
had been -- had problems with the police in the past
regarding weapons and that kind of stuff, and
they had determined the location of the knife,
they were concerned with their safety.
and crowded. Everyone was right on top
Q. The persons that were ultimately told
that property, did they have permission to be on that
property~ do you know?
until
I think
It was packed
of each other.
to leave
-A. A~ far ao I know,
--- I took their names.
I don't remember them. As far as I know, they weren't
on the lease and when she asked them -- told them to
leave, they did.
Q. Um-hum. Okay.
left that call --
A. We cleared.
Okay.
After that -- after you
Darrin was driving. I was -- I
remember telling him that I was -- that I thought that
he had done a good job as far as his code three
driving. We have got fairly strict
City about driving code three,
him that he got there quickly
properly. He hadn't cowboyed
policies with the
and, you know, I told
and used the equipment
it and gone through
1
2
3
4
5
6
7
8
9
l0
12
13
14
15
17
19
20
21
22
23
24
25
intersections against the red light really fast
because I told him that that would do nothing but
create problems for him in the future, and I
was kind of congratulating him on a good job
driving.
Q. Did you prepare any reports on
just went on?
A. I did not.
have got a policy that if any -- if
that we're supposed to, you know --
do a report and I told Steva and Batcheller that,
"You're gonna have to do a report, even though
arrest was made." Guns were drawn and stuff.
gonna need to be a report.
Q. Is your -- you're not their supervisor, am I
understanding that?
A. That was -- no, I am not their
supervisor.
report
guess I
on his
the incident you
Officer Steva and Batcheller -- we
force is used,
we're supposed to
38
no
There ' s
-- I am not their
That was just information for them?
Yes.
Do you know if they prepared a report?
I don't know if they did or not.
Have you ever had a chance to read prior
if, in fact, they prepared a report?
-- the
A. No.
So what happened next?
We drove westbound on Highway Six.
39
We were
Q.
2 A.
3 headed into the station. We were actually -- I'm sure
4 we were -- it was past 11:30, so we were gonna be
5 going cff duty. We turned northbound on Gilbert
6 Street and as we drove up Gilbert Street, Detective
7 Troy Kelsay waved us down.
Q. Did you know at the time he waved you down that
9 was Detective Kelsay?
10 A. Yeah, I -- I mean, we were driving up the street
11 and as soon as I saw, you know, him standing there and
12 waving us'down, I recognized it as Troy.
Q. Did he have reason to be there?
14 A. Troy -- well, from talking to him, I gathered
15 that after we pulled in and stopped.
16 Q. Did you know that he was out there some place,
17 patrolling?
A. I didn't know Troy specifically was maybe out
19 that night. I know -- I think the night before
20 Detective Brian Krei and Troy had been out. They'd
21 been out, I think, fairly often in unmarked cars and
22 in plain clothes doing surveillance and also watching
23 buildings and stuff, trying to catch the commercial
24 burglars that were hitting Iowa City.
25 Q. You were flagged down by Officer Kelsay. What
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4O
did he tell you at
A. We pulled in.
in plain clothes.
that time?
Kelsay was standing there. He's
He tells me that he's found an open
door on a business. He points towards the building
and says that there's an open door. He says that he
hadn't -- didn't hear anything and that -- looks like
there's a light on someplace inside. And I said,
"Okay." And got out of the car and Darrin got out of
the car, started to walk up towards the building and I
remember at some point looking back over my shoulder
because Da:rin was jogging back over to the squad car
with like a sheepish grin on his face like he'd
forgotten something. My impression was he'd forgotten
his flashlight, left it in his car door. I don't know
for sure. Walked up towards -- close to the building
and Kelsay said that he wanted somebody with a vest to
go through the door first. And I said, "Okay." And I
understood that. He was in plain clothes. He didn't
have a bullet-proof vest on. I did° I'm in uniform.
Walked up towards the building, and there's a window
to the right of the door, and there's a bunch oi -- I
don't know what it was -- stuff piled in front of the
window, so you can't see directly in but there's a --
there was a small space, if you're looking in, that
went down at, I guess, a lower left angle and I looked
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
41
in. I could see there was a light on in the place
someplace. I didn't see any movement. I didn't hear
anything. Troy walked to the -- I guess it would be
the northeast corner of the building. Darrin was
someplace hahind me. I don't know where. I walked
closer to the door. I looked -- I bent over and I
up
looked at the door plate,
was some scratches on it.
they were fresh or old.
I guess it would be. There
I couldn't determine if
There was some scratches on
the door plate. The door's open, maybe an inch and a
half, two inches. I looked in, and from looking in, I
couldn't see anything. I could tell there was a light
on in the business. Didn't see anything. Didn't hear
anything. There was no movement. There was no sound
coming from inside the business that I could
determine. I looked over at Troy and he -- I think he
nodded at me or made some kind of a face like he was
ready to go in. He unholstered his weapon. I
unholstered my weapon. I assume Darrin unholstered
his weapon. Darrin was someplace behind me. I got up
fairly close to the door. Still didn't hear anything.
Still didn't see anything. Troy nodded at me that he
was ready to go in. He was gonna come in behind me.
I had -- I had my -- I am right-handed. I had my
service weapon in my right hand. I had my left hand
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
42
against the door. I said something to Troy like, you
know, "I can see there's a light inside." Started to
push the door open and as I pushed the door open,
there was a figure in front of me, startled me, and I
was shocked that there was somebody right behind the
door. I wasn't expecting anybody behind the door.
There was a flash of movement. I think we startled
one another. My gun went off. I never made a
conscious decision to even pull the trigger. My gun
went off. The figure fell to the ground and --
screamed, fell to the ground. I looked down, and I
saw this guy lying on the floor and I saw a phone and
I -- I started -- I started to freak out and at some
point I dropped my weapon, and I started to scream
into the radio, "Get help." I had staz~ed screaming,
"City 3, City 3," I think is what I started to say.
Troy told me to shut up or told me to knock it off,
he'd put in the radio call. Troy got on the
requested an ambulance or something. I -- I
looking down and seeing my gun on the ground and I
screamed at Troy to help him. I said,
Help him." And Troy bent down in the
was upset and Troy, I think, told Darrin
care of me. Take care of me. Take care
Darrin kept trying to tell me to calm down
radio and
remember
"Help him.
doorway, and I
to like take
of me. And
and I was
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
43
screaming and he didn't understand what had happened --
gravity of what had just happened. Didn't understand.
MR. WALKER: Why don't you take a minute to
calm yourself
(A discussion
MR. WALKER:
your stor~,
down?
was held off the record.)
If they want you to continue
you can continue after you
compose yourself.
MR. DeROOI: We can take a few minutes.
MR. WALKER: I am not sure what it will
take.
(A discussion was held off the record.)
A. I remember leaning against -- I guess it was my
squad car and I was screaming, you know, "Oh, my God,"
or, "Oh, shit." I don't know. And Darrin was trying
to calm me down and I looked over towards -- there was
a building. I guess, if Budget Rental Car's here
(indicating) and the shop place is here (indicating)
there's -- the back side of the building here
(indicating) and I reme~er seeing a man standing
there looking at what the commotion was because I was
screaming. And then Sergeant Jackson showed up, and
Kevin Prestegard showed up in plain clothes in an
unmarked car, and Sergeant Jackson put me in Kevin
Prestegard's car and then I was sitting there and
44
i upset, and Jackson came back to me and I said -- I
2 said, "How is he?" And he said, "I don't think -- I
3 don't think he made it, Jeff." So I -- I realized the
4 gravity of what had happened, and I was -- they put me
5 in Sergeant Jackson's car and then they took me to the
6 station. Kevin Prestegard was in the back seat of
7 Sergeant Jackson's car and he leaned forward like this
8 (indicating), and holding me, holding me, and then we
9 got to the station and Sergeant Jackson and Prestegard
10 put me in Detective Petersen's office and Jackson left
and told Prestegard to stay with me, and I was in that
12 office for a long time, and lots of people came in.
13 They called one of the police chaplins for me to talk
14 to and I don't think I was very nice to him and I
15 just -- telling him he didn't understand. And the
16 chief came in and Captain Harney had come in and
17 Lieutenant Johnson had come in and they were all
18 telling me that, they -- you know, calm down and get
19 it together. And I couldn't. I was upset. And at
20 some point I talked to the priest for a while and I
21 called my parents° I remember I was in the station
22 and I think it was -- I don't know what time it was,
23 but I heard a commotion come from another part of the
24 station and it was -- I heard a woman screaming
25 hysterically and a man -- a man's voice was screaming,
1
2
3
4
"Show me the fucker that
fucker that shot my
running to -- to --
45
5
7
8
9
10
11
12
13
14
15
16 BY MR.
17
18
19
20
21
22
23
24
25
shot my son. Show me the
son." And I heard officers
like there was a confrontation or
someone had to be restrained. I heard officers'
footsteps running down the hallway and I knew -- I
knew it was this guy's parents, and I was just sitting
there and -- passing -- and I guess, crying, and then
a guy -- they took me downstairs to the squad room,
and I talked to one of your guys, a D.C.I. agent, and
they called in some crisis guy from Cedar Rapids who
talked to my parents, and then I went home and my
parents took me back home to Fairfield. My parents'
house in Fairfield.
MR. DeR00I: Okay. Off the record.
(A discussion was held off the record.)
DeR00I:
Q. When you were initially approached by Officer
Kelsay, how was he dressed?
A. He was in plain clothes. I don't remember the
color of his clothing necessarily. I remember like a
light-colored shirt and like slacks and a jacket.
Q. Did he indicate to you at that time that he had
called it in; had you received a call from radio
dispatching you or --
A. He had -- he said that he had requested a back-up
46
i unit at the scene but then saw us driving up the
2 street, waved us down and he had gotten on the radio
3 and told whoever it was to back him up -- the back-up
4 to disregard.
5 Q. So he had called for back-up at some point?
6 A. Yes.
7 Q. ~ow did he do that, do you know?
8 A. ~e has a portable radio.
9 Q. Did he use that to do that?
10 A. I assume he did.
11 Q. was there any call made by yourself or Darrin
12 Zacharias for additional back-up besides your car?
13 A. No, not to my knowledge. I didn't call anybody.
14 I didn't hear Darrin call over the radio, no.
15 Q. Would it be protocol to call another unit with an
16 open door into a business that late at night?
17 A. Three officers on the scene, on a Friday night,
18 no.
19 Q. Did Officer Kelsay have a car?
20 A. ~e had his pickup truck.
21 Q. Where was it parked?
22 A. To the -- I guess north and east, I think, of the
23 business. It's a green Dodge pickup truck.
24 Q. You're basing your approach on the building based
25 on what Officer Kelsay told you he saw?
1 A.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
¥eah.
Q. Is that correct? And describe to me, as
can recall, what exactly he told you and what
done prior to your arrival?
A. H= ~old me, you know, "We have an open
an open door." He -- he mentioned, I think,
47
best you
he had
-- there's
that he
and, I think, some of the other detectives had been
out looking at businesses, checking on businesses,
checking doors, snooping around. And I think he said
that he had walked around the rear of the business and
not found any other open doors. And that's the best I
recall until he said that, you know, he wanted
somebody with a vest to go in first.
Q. Did he indicate to you whether he had any
observations as far as his hearing or looked into
windows of the building or made any type of
observations in regard to that?
A. Yes, he said that -- he said, "There's
door." He said, "I listened." He said, "I
anything." He said, "I don't see anything."
that's all he said.
(Mr. White left the room.)
an open
don't hear
I think
Q. On your approach to the building did you make
determination to see if there was anyone in the
any
building?
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. I said -- I walked up and once I got close to
building, first thing I did -- there's a window to
right -- I looked in the window. I said -- there's
in front of the window, but you could
the lower left slanted and you could
a light on in the business.
I couldn't see any movement.
stuff piled up
kind of see --
kind of see. There's
looked through that.
didn't hear
you know, I
48
the
the
I
anything and then when I got to the door
-- I bent over and I looked at the door
I oouldn't tell
or old. I didn't just barge in the
I waited and I -- I listened, you
total, I mean, textbook. I
didn't just like run through the
plate and there was scratches on it.
if they were new
door. You know,
know, like it was
listened. And we
door or anything at all like that. I listened and
looked at the door, and I didn't hear anything.
didn't see anything. There was nothing that I could
tell that would make me think that there was somebody
inside.
Q. Okay.
Did you hear any compressors running,
refrigerators running,
would have masked any
anything in the interior of the building?
A. I don't specifically recall noises like that.
There was, you know -- I'm sure there was traific
air conditioners running that
sign or signal or voices or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
49
noise from Gilbert Street. You know, the sounds of
the city around you but I don't have it -- anything in
my memory that I'remember thinking to myself: That is
a compressor running inside, or anything like that.
Q. was t~are -- your squad car when you pulled up,
you were pulled up silent -- what I would call silent;
didn't have your red lights going or flashing or --
A. No. Of course not.
Q. Darrin Zacharias stopped the car. Did he stop
all the lights on the car? Was the car basically
sitting there dark at the time that you --
A. I think the car was sitting there, dark.
Q. Did you make any verbalization at the time you
went in the building?
A. No.
Q. Was there a reason for that?
A. No.
Q. Was there a reason you didn't verbalize?
A. Our standard operating procedure on open doors is
for our personal safety and stuff we don't -- if there
is a bad guy and stuff, we don't announce that the
police are here and we are coming in, and the reason
we don't do that is because we don't want to give them
the opportunity to -- the opportunity to, I guess,
have a tactical upper hand on us and --
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
QG
that,
A.
(Mr. White returned.)
Okay.
-- hurt us ~f they know we're coming in.
Is that a written policy?
I don't know.
You just said it was your
Jeff, if you could?
I
policy; you'd call it
don't know if there -- if it's written policy.
50
I don't believe it's written policy on every open door
that we go to, when we're after -- we initially go in,
we don't -- we don't stand outside the door and
announce "Police officers" and then walk in. I guess
the reasoning behind it is we want to determine what's
going on inside, if we can, you know, before we make
our presence known, for our safety.
Q. Did you see any other vehicles parked around the
building when you pulled up?
I think, in the Budget Rental Car
I remember seeing Detective Kelsay's truck. I
like parked next to the
A. There was cars,
lot.
don't remember seeing any car
parked?
east of the
That would be what I would refer to as behind the
building or anything like that.
Q. Where was Detective Kelsay's truck
A. I think it was to the north and
building and --
Q.
SANDRA £ ED~'ARDS
51
1
2
3
4
5
6
7
8
9
10
12
13
14
building if you were looking at the
building?
A.
Q.
A.
front of the
I guess, yeah.
Behind and to the right or to the left?
If you're lo~k%ng at the building from the
street.
Q.
A.
From Gilbert?
I guess it would be -- if you're looking at the
building here (indicating) and there's -- this is the
Shaw building (indicating),
behind, somewhere over here
Q. Okay.
I guess his truck was back
(indicating), I think.
I guess northeast of the Shaw building, I guess.
ae
15
16 Q. Was it running at all?
17 A. I don't know. I don't think so.
18 Q. You said you could ~ee there were lights on in
19 the building. Describe the intensity of those lights
20 for me.
21 A. It looked like a fluorescent-type of light. Like
22 a -- a hanging shop light.
23 Q. Was it what you would refer ~o as bright light?
24 A. I would refer to it -- I could tell there was a
25 light on inside the building, you know, and with the
!
2
3
4
5
7
8
9
10
ll
12
14
15
17
19
20
21
22
23
24
25
door, I could see that there was -- there was light,
I could see there was a light on inside.
I mean, from looking
you know.
mean, it wasn't blinding to me,
in the window and --
Q. would it be similar as walking
Wal-Mart store from darkness?
A. I guess.
into a K-Mart or
52
I
Q. Was there an outside light at all? Was there
exterior lighting on the outside of the building?
A. I think there's like a street kind of light at
Budget Rental Car, I think. There's on -- or a street --
there was some street light around. It wasn't pitch
blauk.
When you first observed the door, how far
approximately, to the best of
Okay.
it open in inches,
recollection?
Approximately an inch ~nd a half, two inches
An inch and a half, I guess.
someone were standing in front of the door at
was
your
A.
maybe
Q.
that point, would you be able to see if they were
there or not?
A. You mean standing in front of the door like
directly in front of the doorway?
Q. The door's cracked and you can see light
it.
through
Could you silhouette someone from the outside if
53
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
they were --
A. If they were looking out at me?
Yes.
A. I would think they would be able to see me, yes.
Q. However, did you push the door open just prior to
the shot going off? How far was that door open?
A. My impression was that the door was open two and
a half feet (indicating), two feet. Shoulder-width.
Q. Do you remember what kind of sight picture that
gave you of the -- of Eric Shaw standing there?
A. All I remember is, you know, pushing the door
open and being startled that there was a person just
directly in front of me. I just had not expected
someone to be right on top of me, just right there
behind the door,
standing there,
Q.
A.
and there was just a -- this
just like a yard from me.
Three feet?
Approximately three feet.
person
Q. When you saw him,
did he do?
A. I -- I remember a
even know if it was --
don't know for sure.
movement. I think I
happened, and I just
what were his actions? What
blur of movement and I don't
I think it was his hands but I
I remember seeing just a blur of
startled him, I think is what
remen~ber a blur of movement, an
1 upward blur of movement. Just a (indicating), like
2 that.
3 Q. And about when you saw him, did you have full
4 visual -- did you have full view of his front or was
5 it a portion of him?
6 A. My impression was that I had -- that I
7 door and there's this person s~anding there.
8 can't say for sure if I had -- if I could
9 know -- I don't remember seeing all parts
10 but I -- you know, I don't know.
ll Q.
12 that
13 burglarized, to go in with your weapons drawn?
14 A. Always.
15 Q. Why is that?
16 A. That's so -- that's what we were taught at the
17 academy. That's what we do with the police
18 department. If a building is being burglarized,
19 a felony-in-progress call. That's how they look on
20 it. It's a -- it's a very dangerous situation, an
21 officer to be searching a building that's being
22 burglarized, and we're taught to go in guns drawn.
23
24
25
54
opened the
I -- I
see, you
of his body
Is it standard procedure for you on a building
is on -- that you believe, in your mind, is being
it's
Q. Why is that, though?
A®
For our -- so -- for our safety, to protect us.
You indicated earlier that you recall coming away
1
2
3 A.
4 Q.
5
6
7
8
9
10
11 Q.
12 A.
13
14
15
16
17
18
19
20
21
22
23 A.
24 Q.
25 A.
from the building and seeing someone standing --
appearing to observe what was going on?
Yeah.
Explain that to me again.
remember right then.
A. I just remember -- I think I was
the squad car and saying, "Oh, my God.
Q. This would have been how long after the actual
shoot took place?
A. Maybe a couple minutes.
55
Explain to me what you
leaning against
Oh, my God."
Okay.
I was saying, "Oh, my God," or something like
that. Darrin was trying to calm me down and I just
remember looking over and seeing a guy standing there.
I think there was like an antique shop or building
or -- with apartments or something. He was standing
by that -- I think between that -- like the Budget
Rental and he was just looking at me and looking at --
Sergeant Jackson had already showed up at this point,
I think.
Q. So were there other units on the scene at this
point?
Yes.
With flashing lights?
Yes.
56
2
3
4
5
6
Q. There was plenty of attention at that point?
A. Yes.
Q. Do you recall seeing anybody else around the
building before you went up to it? Was there any
other movement that you saw? Maybe other than traffic
on Gilbert?
7
$
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. No.
Q. ~ad you
prior occasions?
A. I don't ever
Q. Okay.
ever been to this business before on
Ever had calls at this business?
remember being there on anything.
Do you ever remember driving by there and
seeing a light on ever?
A. I don't rem-mher that.
Q. Okay. Were you wearing gloves that night?
A. I think I had worn gloves at the fight call out
at Lakeside. I don't remember if I was wearing gloves --
if I still had them on -- or lots of times I'd, you
know, wear them and I would stick them back in my duty
belt. I don't reme~%ber if I had them on or not at the
shop business.
Q. What's the purpose of that?
A. Of the gloves? Just to protect my hands
cuts, kind of stuff.
Q. It's a safety thing?
A. Yes, lots of us officers wear gloves.
irom
SANDRA £ EDWARD,~
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. 0kay~ When you fired your weapon, Jeff,
times do you recall firing the weapon?
A. The night of the --
Q. Shooting?
A. I just remember being shocked that my gun
gone off, and one shot.
Q. What did you do at that point
What did you do with the weapon?
57
how many
had
after you shot?
A. At some point after the shot and I -- and I --
you know, I saw Mr. Shaw on the floor, at some point
dropped my weapon and I think I dropped my weapon and
tried to yell into the radio.
Q. Did you de-cock it, do you remember?
A. I don't know. I don't think so.
Q. Would your training dictate that you'd de-cock
after one shot?
A. Would my training indicate?
Q. Um-hum.
A. At the range when we fire sometimes, they will
say, "Fire, you know, three rounds," and once you're
done firing, they will say, "De-cock down and up," and
you would de-cock and flip the safety back off again
-- it's a -- first shot
double-action shot, correct? Any subsequent shot
but --
Q. Your weapon is designed
is a
~,ANORA E EDWARD~:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
after that is a single-action mechanism, which is
gonna require what -- less pull from the weapon --
Right.
-- than with the first round?
That's right.
You don't recall
after you fired the one round
that you indicated you fired, whether you de-cocked
prior to dropping the weapon or not?
A. I don't believe I did.
Q. What happened to the weapon
scene, stepped back?
A. I don't know. I assumed somebody picked it up.
I -- some -- if one of the responding officers picked
it up after I dropped it, I don't know.
Has anybody said anything to you about that at
all?
A.
Q.
A.
that,
58
after you cleared the
About what? What happened to the weapon?
About the weapon itself?
(Indicating.) I -- you know, it's on the paper
you know, the chief wanted you guys to check it
and make sure it was functioning properly but --
Q. Okay.
A. That -- at the station they took -- at the --
once I was in Deb's office at some point they came in
and took my gunbelt and my radio.
59
threat at
1 Q. What do you have on your gun belt? Let's talk
2 about equipment a little bit, at your disposal.
3 A. I got -- there's a gun, magazine holder, two
4 handcuff cases, latex glove holder and a radio on the
5 left side. I used to wear a Gerber pliers-tool thing
6 on it but I didn't have enough room so I took that off
7 and threw that in my briefcase. Oh, I wear a baton,
8 too.
9 Q. Okay. Have you prepared any police report
10 regarding this incident for your department?
11 A. I have not.
12 Q. Is there a reason for that?
13 A. They haven't asked me. They sent me home that
14 night and since then they haven't asked me to prepare
15 a report.
16 Q. Is it standard procedure, as you stated earlier,
17 to fill out a report any time there's force utilized?
18 A. Yes.
19 Q. The call that you had, that you backed up, on the
20 fight with knives just prior to this, you perceived a
21 threat, you'd indicated that you had your weapon out
22 on approach; perceived a threat on that?
23 A.
25
Yeah, we --
You also perceived a threat or did you perceive a
1132 South Gilbert where the shooting of
1
2
3
4
5
6
7
8
9
10
ll
12
14
15
16
17
18
19
20
21
22
23
24
25
60
Eric Shaw took place? Was there a threat, in your
mind, at both those places?
A. There was a threat in my mind as far as the
possibility that there was a burglary in progress,
and, you know, the danger of going into a building
that was being burglarized, being the first one in.
As far as that goes, yeah, there was a threat.
Q. was there any difference in those two threats?
A. Well, the threat at Lakeside call -- was a person
armed with a knife and the threat at Gilbert Street
was possible burglary in progress.
Q. The call at Lakeside, did officers immediately go
in that building?
A. Officers were on the south side of the building,
I think, and then they had talked to this Lakeside
security guy and then said on the radio that the
problem had just walked to the north side of the
building at this apartment number. I don't remember
the apartment n,,mher. And then I saw Officers
Batcheller and Steva walking around -- I guess it
would be the east side of the building, towards the
apartment that they had gone into. And Officer
Batcheller unholstered his weapon and listened at the
window and you could hear lots of voices inside, and
then they made contact.
1
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
61
Q. Okay. You weren't involved in the initial
contact on that?
A. Well, they walked up to the door and made contact
when -- and we walked up right behind them. I mean,
it was like they walked up and as they were walking up
to the door, we were walking towards the apartment,
you know, 15 feet behind them and walked up and they
were making contact ~nd the door was open as Darrin
and I walked up.
(A discussion was held off the record.)
MR. W~ITE: I would like to ask you a few --
I'd like to -- in three categories. One, is
I want to go back to the actual incident for
a couple clarifioations and then I have some
policy clarification. Just a couple
clean-up points. You used the word "flash"
as part of what you observed and I'd just
like to ask what that has reference to.
Does that mean something in addition to the
blur of movement that you saw?
THE WITNESS: I -- I just remember a -- if
you're saying -- asking me if I saw a
specific object, I did not. I just saw a
blur of movement and, you know, there was --
I -- I think I mean like, you know, the
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
62
flash of movement. I don't know if he had
something in his hand or not. There was
just a blur of movement and --
MR. WHITE: But still clearly recognizable
to you as a person?
THE WITNESS: As -- yes.
MR. WHITE: Do you have any recollection --
you have described him as standing. Do you
have any recollection of the relationship to
the movement that you saw and your
recollection that he was standing?
THE WITNESS= My impression was that he was
standing but -- but I don't remember like
seeing anything from, you know,~bis waist on
down. My impression was that he was
standing but I don't know for sure if he was
.or not. I just remember just a -- a
startled -- I startled him and he startled
me and I just saw like this flash of
movement. My gun went off. I think I just
got scared and flinched. I never made a
conscious decision that said: This is a
threat, I need to deal with this threat by
pulling a trigger, or anything like that.
just -- I flinched.
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. WHITE: Do yOU have any recollection
his relative height at that point by
63
comparison to yourself? Was his head level
with yours, below yours, higher than yours?
THE WITNESS: I don't remember for sure
exactly how I was standing or -- I don't
think I was standing,'you know, straight --
straight up but I don't think I was crouched
way down. My impression was that we were
basically similar. I mean, not -- I don't
remember looking down on him but I don't
remember looking up at him. I just remember
the relationship as being similar to me.
mean, I don't remember -- yeah,
looking down on him like he was
shorter or I didn't look up to him like he
was taller than I was. He was right there.
M~. W~ITE: And, again, you have talked
about a blur of movement and your
recollection and observation didn't include
any perception that he had a weapon, you
just saw movement?
THE WITNESS: No, he just startled me. I
didn't think that he had a gun, oh, my God
or anything. It was like, oh, my God,
like I said,
considerably
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
2O
21
22
23
24
25
there's a person in front of me,
startled me.
MR. WHITE: And I take it you're
and it
64
satisfied --
you don't know anything about the testing of
the weapon, nor do we at this point, but in
your mind you're satisfied that the gun
didn't accidentally discharge; that it
discharged from your function?
T~E WITNESS: I believe it discharged
because I flinched.
F~R. WHITE: Can you elaborate at all on what
you saw within the instant after your gun
discharged? Was Mr. Shaw immediately fully
on the ground or did he drop to his knees or
do you have any recollection?
THE WITNESS: My impression was after I
realized a shot had been fired, I heard Mr.
Shaw scream and he -- he fel~ to the ground.
I don't remember if he fell. I don't
remember how he fell. I just remember, you
know, there was a movement of him going
remember looking down and seeing
phone on
sight of the
him lying there and looking at a
the ground next to him.
MR. WHITE: That was your first
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
phone?
THE WITNESS:
phone.
MR. WHITE:
him, was it
65
That was my first sight of the
The scream that you heard from
just a sound or was it a word or
can you recall?
THE WITNESS: It was like a -- it was a
scream of -- of fear and he didn't say a
word or anything. He just went, you know,
like, "Ahhh," and fell to the ground.
MR. WHITE: And that sound ¢a~e as a result
of being shot rather than preceding it?
THE WITNESS: I think so.
MR. WHITE: And was that the only sound that
you ever heard from him-- or from inside?
THE WITNESS: That's the only sound I ever
heard from him, was a scream.
MR. WHITE: As you were backing away, you
described yourself telling Officer Zacharias
that he didn't understand. You indicated
that you used that statement more than once.
Can you elaborate a bit on what it was that
he wasn't understanding and do you recall
any more of your conversation with him?
THE WITNESS: He was trying to tell me to
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
66
calm down,
know,
was,
and I kept saying to him, you
he didn't understand. What I meant
I just shot somebody, and he didn't
understand that,
happened. And I
understand. You
the gravity of what had
just said, "You don't
don't understand." He is
like, "Jeff, calm down. Jeff, calm down,"
and I think I said to him -- I said, "There
was a phone. There was a phone." You know,
"I saw a phone." And I was -- and that's
what I meant. You know, it's like I had
shot a human being.
MR. WHITE: I assume from what you had to
say, too, it's fair to conclude that you
recognized immediately that that person
shouldn't have been shot --
THE WITNESS: Yes.
MR. WHITE: -- or that he didn't need to be
shot?
THE WITNESS: Yes.
MR. WHITE: Can you articulate any more
about why that was your immediate perception
as opposed to the
an armed burglar?
THE WITNESS:
possibility that this was
I never made the conscious
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
decision to fire my weapon.
never -- I never
trigger and so I
You know,
intentionally pulled
knew right away, you
67
I
the
know,
I hadn't even perceived -- I was startled.
I hadn't perceived, you know, and then I
guess, you know, in my mind looking down at
him and seeing a phone near his body just
brought into total understanding that an
innocent person had just been shot badly by
me, and there was no two ways around it.
There was a phone next to hi/n, you know, and
I just -- I felt awful and, you know, later
'at the station other officers were trying to
tell me that, "Well, you know, you perceived
a threat," or something, and I am like, you
know, that's bullshit. I feel like Barney
Fife. I flinched. You know, there was no
decision on my part to protect myself. I
to a couple of
trying to
the context in
night. Both you
just flinched.
MR. MITE: I'd like to turn
policy questions. I am just
understand a little more of
which you were working that
and Kelsay had just been designated to
become detectives?
1
2
3
4
5
6
7
8
9
10
1!
12
13
14
15
16
17
18
19
20
21
22
23
24
25
68
THE WITNESS: Yeah.
MR. WHITE: Had he already begun that duty?
THE WITNESS: Yeah.
MR. W~ITE: And you were to do it like the
next day?
THE WITNESS: Monday, I was supposed to be
made a detective.
MR. WHITE: When he flagged you over and you
got out of your vehicle, what is the
relationship that you and he had at that
particular scene? ~tre you equals or is he
in charge of the scene?
THE WITNESS: Well, he's a lot more senior
officer than I am. He's been on longer than
I have. He is also a detective. As far as --
.he's not my supervisor in the sense of like
a sergeant where he can like discipline me
or something but at the same time it's a
fairly recognized relationship that the
detective has more prestige or rank or
whatever than a uniform patrolman.
MR. WHITE: If I characterized your role
there as providing assistance to him, would
you agree with that?
THE WITNESS: Yes.
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. WHITE: One of the things that I
fully understand yet, is the
characterization of this as a felony
progress and that has to do with the
question of how the department responds
open doors, which I know is a bit of an
69
don' t
in
overall
to
oversimplification,
us whether there are any differences
.door scenarios? Would you, pursuant
but can you explain to
in open
to
departmental policy,
with your weapon out?
THE WITNESS~ If -- if
enter every open door
the information we
have at the
it is
we' 11
scene leads us to believe that
a possible burglary in progress yes,
go in with our weapons out. If we
find an open door on a residence -- lots of
times what happens is people will call, you
know -~ we'll get a call that there is an
open door someplace or there's a -- you
know, something fishy going on, they want
the police to check it out, and then we'll
go -- I remember going on another open door
over off of Sunset Street -- there's a
residence, and it was midnight or one
o'clock in the morning, and there was a door
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
70
standing open and a garage door open and we
-entered the house with guns drawn.
MR. WHITE: Excuse me. In situations
similar to that, does it -- does the policy
sometimes -- is it affected by what the
perception is of what may be in progress?
Does it matter whether the perception is
that there is a sex abuse in progress versus
a robbery versus a burglary versus a
trespass?
THE WITNESS:
Is the City policy affected by --
MR. %~HITH: Ye&h, your -- the departmental
guidance which you have stated to draw a
weapon, no~ announce and enter, does that
policy var~ at all based on what you think
the event may be?
THE WITNESS: I -- I think the -- the policy
is fairly, I believe, wide-open and it's an
officer's perception thing. If an ofiicer
perceives a specific event to be occurring,
if -- if it's a -- if it's a criminal
trespass kind of situation, I guess I don't --
I guess I don't understand exactly what
you're asking.
MR. WHITE: What I am -- I am looking for
1
2
3
4
~5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
71
whether there are any shades of policy in
terms of its direction to you to draw your
weapon when you're entering a situation?
THE WITNESS: I don't think there's any
written policy that says one way or the
other that entering a situation, you will or
will not draw your weapon. I don't think
there is any policy like that. It's based
on an officer's perception
what's occurring. I think
flexible.
MR. WHITE:
of danger and of
it's fairly
The use-of-force report that is
required of you, is use of force in that
context defined?
THE WITNESS: Defined as --
MR. WHITE: Well --
THE WITNESS: What levels or --
MR. WHITE: No, factually? What -- there's
a definition of what it is that triggers the
requirement that you prepare a use-of-force
report -- does it matter whether you have to
physically restrain an individual to cuff
them?
THE WITNESS:
WHITE:
Yes.
Does it --
C;ANDRA £ EDWARDS
!
2
3
4
5
6
7
8
9
l0
11
12
14
15
16
17
18
19
20
21
22
23
24
25
72
THE WITNESS: Basically, they came out with
a memo a while back that said that -- in a
narrative at someplace in a report, any time
you use force, even if it's like, say, a --
a shoplifting kind of thing, where you just
handcuff somebody and transport them to the
jail, it has to be in the narrative that
they are handcuffed and transported, without
incident, even if there was no fighting or
anything. But basically any time that we
deprive a person of their liberty or
anything, any kind of force, we're supposed
to write it down, you know, what happened.
MR. WHITE: To your knewledge, is anything
done with those reports other than they just
go into the case file? Is there any
separate routing of use-of-force reports to
your command staff?
THE WITNESS: Everything's computerized over
there so they can, you know, like pull up
the information that they want. But to my
knowledge, I don't -- in the policy manual
it says that all use-of-force things -- I
think it says go through the captain of
field operations, which would be Captain
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
73
Harney. I think it says that, but to my
knowledge, every time, you know, we handcuff
or transport somebody, I don't think it says
that report -- I don't think it goes across
his desk. I don't know.
MR. WHITE: Is drawing your weapon a use of
force that you believe you would be required
to do that sort of report on?
THE WITNESS: I think if you drew your
weapon and interacted with a citizen, yeah,
you'd need to do a report on that.
MR. WHITE: Whether there was a charge or
not?
THE WITNESS: The common logic was that it
was -- it's safe to do a report. It's also
safe to cover yourself and do a report. I
think the idea behind it was in case there's
a complaint in a future time or something
like that.
MR. WHITE: Would you be able to estimate
the frequency with which you had drawn your
weapon during your time with Iowa City P.D.?
THE WITNESS: Iowa City is -- you know, it's
not Chicago or L.A. but since I have been
here we have increased the amount of --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
74
unfortunately, how many times we draw our
weapons and it's been on the uprise and it
has to do with the kind of calls we're
doing; be it, you know, stopping a stolen
car or responding to a fight where the
people are armed or people pulling weapons
on us and stuff,
as my estimation
drawn my weapon,
it's gone up a lot. As far
of how many times I have
I can't give an accurate
guess but I draw my weapon a lot of times
since I have been on the Iowa City Police
Department. All of us have.
MR. WHITE: And can you make your best
effort to put some numerical context with
it? Once a week? Once a month? Two or
three times a year?
THE WITNESS: Definitely more than two or
three times a year.
MR. WALKER: Just a second. You don't want
him to guess, do you?
MR. WHITE: No, I don't.
MR. WALKER: So long as you're not guessing,
it's okay to estimate.
THE WITNESS: Definitely more than two or
three times a year. You know, any time we
1
2
3
4
3
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
75
do a search warrant and then have to force
entry into a house, you know, our guns are
drawn. Clearing a building on a burglary
call, our guns are drawn. Involved with
dealing with people that have weapons, our
guns are drawn until the situation is made
safe, you know. Just -- we don't wave them
around. You know, we're not cowboys out
there. I would estimate I probably have
drawn my gun in the last year -- that's what
you're asking me?
MR. WHITE~ That's fine.
THE WITNESS: Twenty times. Maybe more.
MR. WHITE: If someone were wanting to try
to document that as precisely as possible,
is there a way to do it? Would you or Bruce
or Ron be able somehow to go into the
departmental records and document that?
THE WITNESS: ~robably not. The reason I
say that is if we make -- you know, like,
say, for instance, when you're clearing a
building on a search warrant, you serve a
search warrant on the house, your guns are
drawn. There's no one home. It's probably
not gonna be documented. Gonna be: A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
'search warrant was served on the
one was
seized.
76
house, no
found inside and these items were
Or if officers who were responding
to a burglary call like an open door and
they clear the building but they don't find
a burglary and they don't find the suspect,
it's not gonna be logged on anything that at
some point their weapon was out. On -- on
things where there's gonna be charges,
that's gonna be in there, you know, like
if -- dealing with -- I remember, you know,
like Platz and Ca~npbell dealt with a
domestic where the son -- the grown son was
mentally not well, c~e forward -- towards.
them with a pocketknife in his hands and
refused repeated orders for them to drop the
knife and eventually he did. I know that
will be there. But sometimes where we
didn't have any contact with people and our
weapons are drawn or it's probably not gonna
be documented if --
MR. WHITE: But you think it would be ii the
weapon were drawn in the presence of
someone?
THE WITNESS:
I would -- I would think so,
!
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
77
yes.
MR. WHITE: Do I understand that at the
squad meeting this particular day -- and you
can respond generally if you need to as
well -- that you're not briefed about the
fact that Kelsay and Prestegard are out in
plain clothes? Would they not say, "You
need to know tonight Kelsay is in south Iowa
City in plain clothes"?
THE WITNESS: I know they try to do that
because, obviously, there's a safety issue
there. I had known over the past couple
days that detectives had been out in plain
clothes and unmarked cars looking for
burglars, but I can't recall specifically on
that squad meeting they had said so-and-so's
out tonight or not. I remember the night
before, I think, Brian Krei and Troy Kelsay
they said that those two would be out after
dark looking for burglars but I don't
remember if they did or didn't.
go to my -- a couple
here. One that Bruce
I think he leit the
MR. W~ITE: I want to
of clean-up questions
interrupted, I think.
framework in which he will permit you to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1S
19
20
21
22
23
24
25
78
respond here. And that would be: Have you,
within three years before August 30th of
1996, other than in your capacity as an
officer in possession of the evidence,
possessed any controlled substance?
THE WITNESS: Never.
M~. WHITE: Have -- how about since August
30th of 19967
THE WITNESS: Never.
M~. WHITE: When you were talking about
firing on the range and the one experience
you had with the gun jaauning, you responded
that they assumed that it was an ammunition
problem rather than a weapon, and I'd like
you to tell us who "they" is.
THE WITNESS: They would be Ed Schultz,
Steve Duffy, Ralph Cox. They're the
firearms instructors at the police
department.
M~. WHITE: That's all'I have other than to
ask you -- and you should consult with Bruce
and Steve -- whether there's anything we
haven't asked you about or haven't talked
about that you'd like us to know about this?
MR. WALKER: Before you say anything, we'll
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BY MR.
79
see if Special Agent DeRooi has any more
questions and then we can discuss that,
decide whether you want to make any further
statements before we close the record.
MR. DeROOI: I just have one additional
question which probably will lead to a
couple of other questions.
DeR00I:
Q. When you trained with your 40-caliber, your
Beretta, did you ever train in the single-action mode?
Are you capable of pulling that hamumer back and then
firing the weapon? Did you ever train in that method?
A. ~o.
Q. You always trained, the first round out of the
gun was a --
A. Double action.
Q. That night did you pull your weapon and have it
in the single-action mode with the hammer back as you
entered --
A. Never. If we did that on the range, we'd get
jumped big time.
MR. WALKER: Excuse me, Jeff. The question
was: The evening of the event involving
Shaw -- he wanted to know if you were in
single-action mode as
the
you entered the door?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
A.
door.
Q.
A.
80
I did not cock my hammer before I entered the
You went in,
Yes.
in the double-action mode?
MR. DeR00I: I have nothing further.
MR. WALKER: If we could take a few minutes
to see if there is anything he has to say, I
think we can close the record.
(A discussion was held off the record.)
(The witness, Mr. Walker and ~lr. Regenweuher
briefly left the room and returned.)
MR. WALKER: We can close the record. He
has nothing further to say on the record
-today.
(The statement concluded at 11:50 a.m.)
81
1
2
3
4
IN RE: THE MATTER OF )
JEFFREY GILLASPIE )
CERTIFICATE OF
COURT REPORTER
5
6
7
8
9
10
1!
12
13
14
15
16
17
18
19
20
21
22
23
I, Sandra E. Edwards, Certified Shorthand
Reporter, hereby state that there appeared before me
JEFFREY GILLASPIE, who was first duly sworn to testify
to the truth, the whole truth, and nothing but the
truth, and who was examined orally on behalf of th~
State of Iowa by Messrs DeRool and White; that I
reported in machine shorthah4, correctly, the
testimony of said witness and have set out in
transcript form said testimony as contained in pages
one through 80; said transcript being a full, true,
and correct transcript of said'testimony, objections,
if any made thereto, and all proceedings had on said
statement.
That the transcript of said statement was
not submitted to, read, or signed by the respective
witness.
I further state that I am not employed by,
related to, or attorney for any party to said action
and I am not financially interested in the outcome of
said action.
IN WITNESS WHEREOF, I have hereunto set my
hand this /~ day of September, 1996.
SANDRA E. EDWARDS
CERTIFIED SHORTHAND REPORTER
25
J, PiUt~k Whit~
Office of the
Johnson County Attorney
DATE:
FAX COVER
SHEET
· TO:
FAX NUMBER:
35;/°
FROM:
Nurnimr of pagu ~nr. Juding ~i~ one): ~.~
93565449 P. 82
C~FFICE OF THE ~OWA STATE I~DICAt. EXAMINER ~ ' ~" ~
'REPORT OF I~ES~GA~O~ BY MEDICAL ~MINER '--
DEC~ ~ ~ ~e~ ~ ~ ~
INF~N ~ DEC~ ~D ~l ~ ~ ~DY
' ~~ ~ ~C~E
.,~ ~ ~ ~ . ~T ~~.~
~ ~J~ ~ ~ .- . . .... ,
813~ ~ . i~~, ~ ~ ~i~,~ '
~N~ OF ~
ONATURAL ~IHO.M=ICIDE ,.[-[ACCIDENT r"IS01CID!~ ..[-tUNKNOWN [-IPENDING
· .~) - ~e~iM'~
~c=~. ]~c[p,e~ z ~x~ __.., .
/
& A.E~)RI~SS:
NARRATIV~ Sm~a, RY OF ~R(I~IM~ ~IJRROU'ND~G DF. ATH (Add sheet
~H$~ U, OUNTV ATTORNEY
To"rPL. P.~
AFT ."-RNOON WATCfl 1500-2300
Date: August 30, 1996
SGT.: Sgt. Linn ~93 Car~ 54
DIST Pin# Officer Car~
I E 28 Gass 828 ' ,
I L 50 Steva 51
2 E 40 Campbell 57
2 L 3 GlUaspie 49
2 L 12 Zacharlas 49R
3 E 38 Gist 36
I L 49 Nixon 849
4 L 37 McMartin 46- D~t.~'~'& 7wz.~ ~ (- ~
2 E 32 PLatz 44
R L 20 Bateheller 52
DAY OFF:
Dreckman
Hart
Humrichouse
Hewlett
Widmer
STOLEN V~HICLES:
8-3
8-23
8-21
8-20
Droll
Linn (working for Lord)
90 Black Geo Storm, ~
Red 85 Toyota Corolla, WtXFZ4~ from Muscatine Co.
Silver 88 Olds Delta 88, ~, from 445 Westwinds
Red Honda Moped-UJ9793
Oper w/o Owners Consent-Red 93 Merc Topaz-OGM717
EXT~ PATROL:
7-22
7-17
8-2 '
8-2
OFFICER
8-13
8-26
721 Willow-Ongoing Van~
Grantwoocl School-Ongoing vandelilm,
Hoover School-Vandalism
Shimek. $chool-Juvent/e Beer Part/as
SAFETY:
Known to go armed-', possibly
driving 4dr blue Chevy Lum/na (ICPD holds
warrant for fa!_~e imprisonment, no bond)
· has made threats against any
officer that may in futtLre ticket his car there-Silver Ply
Voyager,
8-26
-threats against U 6f I
RADAR LOCATIONS:
8-1 1500-2100 Rochester
300-1100 N. Dubuque
200-1000 W. ~ntcn
R EC KLESS DRIVER/SPEED--'-R ,2 ~: l~ LA2NTS:
8-2 Court at Upland
8-3 2300 Block Hollywood
8-23 Westrainster between Couxt & Washington
IOWA CITY POLICE DEPARTMENT
FAX TI~,NSMITTAL COVER ~BHEET
FROM:
IOWA CITY POLICE DEPART~ENT
410 East Washington Street
Iowa City, Iowa 529-40
319-356-5275 Fax: $19-356-5449
Person:
Phone #:
TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: (~.
REMARKS:
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C. ,lohoson
CASE NUMBER: 96-607479 '-
INCIDENT NUMBER: 96047129
DATE: September 14, 1996
buri~ the initial hours after the above numlm'ed incident was reponed~ the DCI had
r~rieved a tape recording of the phone and radio trn~c surrounding this call. I had been
r~uested by S/A DeR~oi to obtain a tr~tion of the tape through the City of Iowa
City's documem service divi~on. ~n ~"d~g over the tcaz=c~on I observed ~
corr~lath~ time ofmessase was abse~ fzom each mes~§e 1~_ n-cribed, I also observed
tba~ in the proces~ ofr~,ord~ the releva=t phone call and radio trnl~i¢ to Lhe
incide~, ~t ~Jviry on s~ou~ phone and radio se~s ~ not ~ recorded.
speaklag wi~ S/A De Rooi of the DCI, I learned ttmt he vnur~:l times printed nex~
each spoken n~_~=e pluase. He also was i~ as was SAC Beuts~ in retrieving
Based on this l~ques~ I '~ed a r=trJevai oftha~ traffic and u~mscribed voice message to
k~t ~ accompanying ~-- ofd~y next ~o each me_~e. I isolated each of the channels
or phone se~ on the Dictaphone Prolog and u~d ~he time 23:30:00 on 8-30-96 as a
time aad 01:30:00 on 8-31-96 as an e~l l~me. Tbe~ i~ some trat~ noted ttmt ~
outside thee parameters. This tr~t=r~ was included becm~e I Had personal knowledge tha~'
either a radio call or phone call had been placed and made a search specie to ¢tuumel or
phone se~ and time of day for th~ sI0~'~ ~. W'r~h this ~me bracket in plac, e I
origin of the traff~,( i.e. PD*I, 911 from d~k, 911 su~r, tominc police se~ etc). I
also included tho na~ of ~he s~ wbea I could identify them. I ~sembled the
transcription I~sed on the ~1oca~on f~om when= it was retrieved. We~ th~ ~o be assembled
by ~e of day there would be sore= overlap oftraff~ but a complete a=cou~ting oft='aflic
r=l~ted ~o this incident on ~ channels would be in place. End. ~
23:42:53 Loft:
23:42:54 Kelsay:
23:42:56 Loft:
23:42:57 Kslsay:
23:43:03 Lori:
23:43:05 Kelsay:
23:43:10 Loft:
23:43:12 Kelsay:
23:43:16 Lori:
23:43:17 Kelsay:
23:43:17 Lori:
23:43:19 Kelsay:
23:43:21 Loft:
23:43:22 Kelsay:
23:43:22 Lori:
23:43:22 Kelsay:
23:43:23 Lori:
Iowa City Pollco
Uhhh, this is Troy, who is this?
This is Lori.
Lori, could you MDT a car down to Ahrens Concrete on S. Gilbert,
please, I've got an open door.
Ahrens Concrete?
And would you send one to Wyse, too, that I've got an open door
over here. I don't want to go in, in plain clothes.
No.
No, the address is, I don't know, 1108 maybe, something like that.
Okay.
S. Gilbert.
We'll get them down there.
Thank you. 1130 it looks like.
11307
Yep.
AIIr~ght.
Bye.
Bye.
1040 Burlington, was that correct? - (Happsi- unrelated
call)
That's correct, I'll send them to you.
23:43:59
23:44:05
Kelsay:
23:44:48 Keleay:
10-22. 2 and 12, 3 and 12 are with me.
10-4.
City, 43, I need a 10-52 down here, dght now, 10-52 dght now. I'm
also going to need a supervisor down here.
23:44:55 J.Thomas:
23:45:06 Jackson:
23:45:09 Jason:
23:45:20 Kelsay:
23:45:22 Jason:
23:45:26 Kelsay:
23:45:30 Jason:
23:45:36 Kelsay:
23:45:47 Sammons:
23:45:53 Thomas:
23:54:08 Disp:
23:54:10 David:
23:54:22 Disp:
23:54:23 David:
23:54:34 Disp:
23:54:35 David:
23:54:37 Disp:
23:54:41 David:
23:54:46 Disp:
23:54:48 David:
23:54:49 Disp:
23:54:50 David:
2
10-4. 82 or 94 City.
94. Where are they at?
They're at I believe 1130 S. Gilbert, Ahmns Concrete.
City, 43, did you copy?
10-4. 43, I have 94, 10-52 en mute.
Code 3 on everybody please. This will be gunshot wound.
10-4. Code 3, do we have any additional?
Negative, single gunshot wound, l'm not sure whether it's, looks like
canter mass, City.
City 47, 10-8, from Maxie's, Do you need me down there?
10-4, 47, 10-8.
Iowa City Police, can I help you?
Uh, I was talking, I'm in Des Moines now. I'm calling on a 7 minute
calling card, and a friend of mine called me, who was very suicidal,
from Iowa Vending Co. on Gilbert Street.
OK.
After a couple minutes, say a half hour conversation, the phone
went down, I heard a lot of screaming, it sounded like policemen
there, or something. And then there was a gunshot.
Iowa Vending?
Iowa Vending on Gilbert Street.
Do you know what that address is on Gilbert, by any chance? Is
it like 1100 Gilbert? Does that sound right?.
Well, I was at 529 S. Gilbert, it was south of me by about 5 blocks,
so yeh.
OK, what's your name sir?
My name is David Butitta.
Can you spell your last name for me David?
B, as in boy; UTITTA. He was a real good friend of mine, Eric
Shaw.
23:54:56
23:54:57
23:55:03
23:55:07
23:55:10
23:55:11
Dlsp:
David:
Disp:
David:
Disp:
David:
3
Eric Shaw.
He's got parents in town that own the Iowa Vending, but I can't
think of either of their names right now. I'm kinda shook up.
Yeah, sir, how long ago did you hear the shots?
I would say about two, three, four, five maybe
OK, hold on just one second, would you David?
Yes.
23:55:35
23:55:36
23:55:39
23:55:40
23:55:48
23:55:52
23:56:00
2~:56:03
23:56:16
23:56:19
23:56:28
23:56:34
23:56:36
23:56:40
Disp:
David:
Disp:
David:
Disp:
David:
Disp:
David:
Disp:
David:
Diep:
David:
Disp:
David:
David?
Yes
Okay, you said Eric, was sounding suicidal?
Yes, he had a breakup with his girlfriend and he drove here and we
spent like the whole day together and he talked to her on the phone
and he drove off real hysterical.
Okay, and you said he was at Iowa Vending, is where you think he
was?
I really do. Because, uh, he said he was calling from there. He
was thinking of, uh, you know.
Okay, and you said about two or three minutes ago you heard the
phone drop?
Drop and screaming, and I heard voices over it saying, uh, get a,
get an officer down here. There's been a shooting, maybe it was
a TV in the background or something, but that was it. It didn't
sound like anyone was playing around.
OK, David, can I have your phone number in Des Moines please?
515-252-1915. I'm sure my 7 minutes are going to be up here
pretty soon.
OK, um, I will call you back when this is up, because we do have
something that we're going to definitely want to talk to ~,,o,_, ~_b_nL~!
this.
OK
OK, he was at Iowa Vending and his parents are from Iowa
Vending.
Yea, I think that's what he told me that he was at Iowa Vending.
23:56:40 Dlsp:
23:56:44 David:
4
Yea. I'm going to call you right back since your calling card's going
to go out, OK?
OK
23:58:34 David:
23:58:36 Batch:
23:58:37 David:
23:58:38 Batch:
23:58:39 David:
23:58:39 Batch:
23:58:44 David:
23:58:47 Batch:
23:58:48 David:
23:58:57 Batch:
23:58:58 David:
23:59:51 Batch:
00:00:01 David:
00:00:06 Batch:
00:00:08 David:
Hello?
David?
Yeh.
This is Officer Batchelor from Iowa City Police.
Hello.
Hi, OK, real quick, can you run through everything.
My friend was, today he came to Des Moines...
He's what now?
My fdend was in Des Moines today, and he broke up with his
girlfriend. He broke up with Heather, he was real despondent. He
told me he wanted to be with me today. So we hung out together.
OK.
He calls her up this afternoon around 5:00, I leave him alone, he's
talking to her, like she's distraught. He gets in the car and he takes
off to Iowa City. So he called me up, maybe half hour ago to tell
me that everything was OK, he was in Iowa City. He made it to
Iowa City. He knows that I was concemed about him. And that
he had a fai~ed attempt at t~jing to, uh, gas himself out in the car
with a vacuum hose attached to the exhaust pipe. So this was the
conversation the way it's going, and I keep talking to him, you
know, Eric you can't do this, you can't think like this, you know.
You're going to see yourself through this, you know. So the
conversation is going, it doesn't seem like he's, like he's working
himself out down and then I hear the phone like, drop, and I can
hear it drop, I hear this blood curdling scream and, I hear voices
over like police officers, saying there's a shooting, and maybe it
was a TV in the background, for all 1 know...but...
No, it's, it's real. We don't know what's going on, but, we've got
ambulance, we've got supervisors, and uh, detectives on the scene.
It seems like they were on scene the second the phone drop.
kept hearing voices over the phone.
Right. Um.
You don't know what's going on, huh?
00:0~):10 ~tch:
00:00:18 David:
00:00:20 Batch:
00:00:29 David:
00:O0:31 Batch:
00:00:34 David:
00:00:52 Batch:
00:00:53 David:
00:01:01 Batch:
00:01:02 David:
00:01:06 Batch:
00:01:22 David:
00:01:34 Batch:
00:01:40 David:
00:02:01 Batch:
00:02:02 David:
00:02:05 Batch:
00:02:06 David:
00:02:08 Batch:
No, all's, like I said, all we heard was that we've got a shot fired,
we've got one victim, dispatch an ambulance, and that's, that's it.
That's what I was hsadng, for real.
Yah, so, uh, let me see here, what did he say right before the last
part.
I heard him screaming...
Well, right before he started screaming...
I don't know if he said anything, I was just talking to him, explaining
that I had empathy for him, I know it was tough. I wasn't trying to
tdvialize it, you know. I think I was.....I don't really recall at that
moment, it was just such a shock. Verbatim, what happened,
OK
I mean, seconds later I'm hearing it on the phone, and I'm hearing,
breathing on the phone and I hear someone saying we need a
supervisor down here.
Uh, huh.
How could a policeman be on site so quickly?
Yah, well, I don't know the circumstances and I don't want to
speculate, just because, urn, I wasn't there. And I'm not there
investigating. I do know that we had an officer that had called in an
open door at a place...
It's his dad's business, officer called in an open door...I think he
said 'What are you doing?' or something, I do remember him
saying something, it was a question or something. 'What's going
on?' or something.
Yah. OK. And he just said what are you doing?, and then all of a
sudden...
It sounded like, it sounded like someone was in a way defending
themself, like he was saying, you know, I don't remember. But I
remember he sounded like, some sort of confrontation, the phone
dropped, uh, crazy blood curdling scream and then breathing on the
phone. And someone saying we, we got to dispatch down here.
We got to get what?
We've got to get a supervisor out there, code something.
Yah,
We're talking a matter of less than 45 seconds maybe.
Ok, so you heard just one shot fired.
00:02:11 David:
00:02:20 Batch:
00:02:32 David:
00:02:34 Batch:
00:02:44 David:
00:02:47 Batch:
00:02:51 David:
00:02:57 Batch:
00:02:59 David:
00:03:00 Batch:
00:03:03 David:
00:03:05 Batch:
00:03:06 David:
00:03:07 Batch:
00:03:11 David:
00:03:15 Batch:
00:03:18 David:
00:03:20 Batch:
00:03:24 David:
00:03:25 Batch:
00:03:26 David:
00:03:29 Batch:
00:03:32 David:
00:03:34 Batch:
6
I don't even know if I heard a ahot fired. It sounded like a phone
that was dangling on a cord, that hit the ground, you Imow, the
phone was hanging on the ground. I can't even say I heard any fire.
OK, David, um, we're real busy and what I'd like to do is get all of
your information and them I'm going to have the watch commander
or whoever is In charge of Investigating this when they know
something to give you a call, does that sound OK?
That sounds...
OK. So it's David, is it B-U-T-I-T-T-A?
Right. Is there a way to contact his parents?
Just a second here and I'll get that. Um, OK, David what's your
address in Des Moines?
...Tawana Drive.
Can you start over?
4706.
4706
Twana Drive
Twan Drive?
Twana.
OK. I didn't, can you spell it again one more time?
T as in Tom, A as in apple, W as in William,
Uh, huh.
I'm son~, Tawana.
OK, I got it. Is it Tawaria Ddve. And that's Des Moines?
Des Moines, Iowa.
And what's the zip?
50310.
OK, I've got your phone number. Uh, can I get your date of birth
real quick?
6-16-58.
6-16-58. And your Social Secudty number?
00:03:37 David:
00:03:43 Batch:
00:03:45 David:
00:03:45 Batch:
00:03:59 David:
00:04:01 Batch:
00:04:07 David:
00:04:09 Batch:
00:04:12 David:
00:04:17 Batch:
00:04:18 David:
00:04:25 Batch:
00:04:36 David:
00:04:40 Batch:
00:04:47 David:
7
352-56-2077.
David, are you going to be at this number for a while?
I'm going to be here all night.
OK, it could be an amount of time before they get back to you, I
don't know. You can always call back here, but I'm not
guaranteeing anyone's going to be able to tell you anything
differant. Urn, because obviously the number one priority is trying
to get thls person ......
I just wanted to call you guys, and let you know what I...
I appreciate you calling, that's great. And I'm sure we're probably
going to at some point have to have a statement from you.
How about his folks, his morn and dad?
Yeh, do you know where they live?
They live, I know they live north of, they live in town, they live...
in Iowa City?
In Iowa City, they ow~ Iowa Vending, They have an answering
machine that will forward your messages if you call Iowa Vending.
OK.
Do you know the number there at all? I can get it. OK. Do you
happen to know Eric's date of birth or about how old he is?
Yea, he just told me how old he was, 30 years old.
30. OK. We're going to work on it and I'll have someone get back
to you as quick as we can, OK David?
OK, Thank you.
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
KEPORTI~IG OFFICER:
CASE NUMBER: 96-607479
INCID~Tr NUMBER: 96047129
DATE: S~mb~ 5, 1996
TRANSCRIFYION OF PBX/RADIO TRAFFIC TO COMMUNICATIONS
23:46:06 Lippold:
23:46:11 Kelsay:
23:46:15 Jason:
23:46 '.22 Jackso~
23:46:24 Jason:
23:47:24 Jackson:
23:47'.26 Jasov:
23:47'.27 Ja~
23:47'.29 Jason:
23:47:31 Johnson
23:47:33 Jason
43, you n~i a cs'r?
I need a supervisor is w'aat Iaeed.
43, 94's ~route.
94's o~t
10-4, 94
CRy from 94
94
I need Lt, John~ d~a here also.
10-4
10-4, ~li~t City.
10-4, 87
Addkioml call to UIDPS fixnn J. Thomas apprising ~aem of c. all oa S. Gilba't,
Call via pbx in'aiated at 23:50:05, coacluded at 23:50'.25
23:50:37 Hm'd:
23:50:41 Jason
CRy, 27 vn3.1 be 10-6
Copy 27, 10-6
Call w ICPD Corem Ca'. from ECP Getst inqu'a'hag what type of call is occurring that invovl~d
fa'e dept. Call 'initiated at 23:54:17, concluded at 23:54:55.
Call to ICPD Cm,~ Ca'. fr~n JCSO Ct-?.. Ca'. re: infunnation o~ the _~!l ha progn~ at Ahrms.
Call initiated at 23:55:42, concluded at 23:55:55.
Additioaal call w UIDPS re updated status orS. GiIbert St. call. Call 'mitiat~ at 00:03:43.
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C. Joa~o~
CASE NUMBER: 96-607479
INC[DEI~F~ N7o'MBF. J{: 96047129
DATE: Septeml~ 11, 1996
TRANSCRIFrIoN OF PBX/RADIO TRAIrFIC TO COMMUNICATIONS
Off FPA ¢hanael
~:48:36 Bok:
23:48'39 L~:
00:09:47 Boic
00:53'36 Lori:
City, ea..o~- l's ou sc~ WR1 be Gilbert S~ree~ Fir~ c, ommand.
Engine 1 ou sceo~ 23:49
City, Gilbert S~ Fire Commuxl is ta-minated. Engine 1 in
Di~ulct I, mgine 1, test pa~ o~fly. Disr~d.
Off911 Fire set
00'.26'.21 I~:
00'.26'.23 Shaws:
0o'96:35 Disp:
O0:26-.36 Blossom:
00.96..39 Disp:
00'.27:28 Disp:
00:27.99 Blossom:
00:297:30 Disp:
00'.27:37 Blosram~
00'29:19 ~
00:29~1 Jay:
00:29:21 G~:
Iow~ CRy, 911
We just b~ a fri~mt call~ a~i said ~ha~ flm~ was a shoo~g
down ~p~~, 1132 S~ ~e?
We~~~
~ ~ ~'m~~ Jay S~w.
O~j~am~p~~~
Y~.
~'~ ~ c~g ~ ~ C~d y~ ~ld ~ f~js~ a
P~? ~ E ~ fu~ ~'ve ~d of~ ~ y~ ~ld ~
Y~.
~?
Y~.
00'.29'.22 Jay:
00:29'.23 C,n~:
00',29:24 Jay:.
00-.29'.26 ~
00:29'.31 Jay:
00'31:09
00-31:56 Ga-st
00:31:$$ Jay:
00'31:58 ~
00:32:02 * Jay:.
00'32:0O Cm~.~
00'32:09 Jay:.
0O'.~2:12 ~
00'32:19 Blossom:
00-32'.21 Cna~'t:
00:32:31 Jay:.
00'32'.32 ~
00'.~2'38 Blo~:
00'33:19 Jay:.
00:33 '.21 Blossom:
I txx~k over ~ phone.
AM who am I speaking with, sir?
This is Jay Shaw.
OK, Jay, ify~ want to hang oa for ju.~ a s~.oad, I apologize to
put you oa hold f~r so ,oa8. I'm g~ting someone to come to speak
to you, OK?
OK.
(conversatic~ ~ ~ people on Shaw ead- f-cn~l¢) "...and
he said the poli~,....laad come to check the door b~.. door Ol~a.
Now how does he know tl~,, I m~aa I doa't ~" (male-
"No I doa't either") (f~.~e- "TI~ doesn't make any
...aad he gave me his....praakst~ for all I imow, I doa't kaow
Dave Bmitm's voice") (mal~- "We,11, let's jus~ drive down there
Sir?
Yes.
OK, I'm son-y to keep I~ YOU on hold he~e, l'm trying to
aa offic~ to ~ to you.
this?
OK, I doa't imow a !or of a~?_ ri~ now. l'm ia the
Um :.,-..~ Is ~ ~ot aa office~ available?
door l:ml~ in abo~t lixirty se~nlds. Can you ha~g o~ just a second?
IVlaam, I doa't have aay i~onm~o~ I apolog~ to keep t~lling
_ena. ~ to you but at rials poiat I aeod you to haug oo for my officer
long?
OK.
OK,
(in backgroua~. "eni~ does not make s~ze~)
(in backi!rouad..."yes")
*No ~ traffio located on 911 Fire set*
OffPD-TAC-I
01:11:05
01:l l:0g Jason:
01:11:14 Jacksou:
01:l 1'.26 Ja.so~
94 on Tac-I
94.
Would you show 95, 82, '94, 27, and 36 o~t
10-4
00:34:44
00'35:06 Shaw res.
00:35:08 Hamey:
00.35:08 Bk~som:
00:35:09 Hamey:
00'35:12 Jay:.
00'.35:13 ~
00'.35:15 Jay:
00:35:17 ~
00'.35'90
00:35'.23 Ham~.
00:35'96 Jay:.
00'.35'98
00'.35'30 Blossom:
00'35.34
00'35'.t6 Shaws:
00-.35:39 Hatmy:.
00'.35:40 Jay:.
o0..35:58
00:36:10
00'.36:17
(call-busy signal)
Hello,
Is ~ Blossom?
Y~s.
Y~, this is Captain ~ at the Iowa City Police
Y~, this is Jay Shaw.
Jay, a.t~ you 8uiag to be hom~ there f~r a litll¢ bit?
Y~, what
W~11, th~'s ~ an ac~ide~ a. ud i warn ~ ~ out aad talk to
Well, th~ was a shooting
What ha0pe~?
Well, that's wh~t i'd l~e to e~plaia to you what happen~l.
What do you mean, lry to ~lain? Wha~ did you do, kill our son?
A polic~ offi~ did, y~.
Yeab, I know.
She's scrmah~ a~-y huag up. I aou't lmow if they're gx~ana
(can
(busy sigaal)
01:57:16
01:58:45
(eau from Lyn~ss in rmpome to being pa~ as Coumy/~ oa. call. She is
connecmt w C~ Wi~elh~¢ wbo appris~ b~r of sivaafi~ rhat DCl is in
r~gc~d w PD)
(call from Lyrics w PD ends)
Off Fired charnel
23:4S:06 Lori:
23:45:30 Fire:
23:46:08
23:46:30 Loll:
23:46:35
23:46:41
00:17:09 Bo~
(£a~ pa&e) District 1, e~iae 1, me~k~ ~, ualmown
problem, 1130 Sou~ ~ 1130 South Oiibe~
City, mSize 1 n~ocedi~ m 1100 bk~ South Oiro~ what's
FrogJoe 1, this would be 1130 South Gilbert, 1-1-3-0 South
Oilben, f~ repert of Suo.~aet Poilce o~ on sc~e requesting
code-3 respome. Swilh
Eagioe I copie~, 8ua.slx~ fired 1100 block SouIh Gilbert aad you
OtfPD-2 ~
00:~3.'07 Hm'd:
00:S3:10 ~
00:S3:14 Hurd:
00:53'.21 ~
00:53:26 Hurd:
00:53'.32 'D~:mtch:
01:17:03
01:17~5
01:18'.34
27m2.
27, you hay= traffic for city?
just smad by, if ~ey have oue available?
10-4.
10-4
43 r~s~s~ squ~ to Chauacey rax~.
22 r~po~ds
22 ¢lar~ r~qu~st ~o me~ a~ Chaunc~y
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C. $otmsoa
CASE NUMBER: 96-607479
INCIDENT NUMB£R: 96047129
DATE: $~0tmatm' 9, 1996
TRANSCRIFrlON OF PBX/RADIO TRAFFIC TO COMMUNICATIONS
Off Routi~ Polic~ S~t
23:45:17 S/0 Disp:
23:45:17 Chris:
23:45'.34 S/O Disp:
Sha-ii~s
This is Chris fi~m City. We n~d aa ambulanc~ ~route to 1130
S. ~ We d~'t know what's goiag oa, w~ju~ ~d an officer
OK, no problurt
23:50:05 UI Disp:
23:50:06 Jason:
23:50'.22 UI Disp:
23:50'22 Jasm:
Uaivmity Pubtic saf~
No ra~o traffic but v~ we~just out at an ognm door and
s~xnly got ~bot l'm not su~ if it was aa oflic~ or a ~
or who. No radio traffic, if they waat to know just call em in and
let tiaa know and as so~n as I have ad6itioml I'll let you know.
00:03:41 UI Disp:
00:03:44 Jasco:
00:03:44 UI Disp:
00:03:47 Jason:
00:04:11 UI Disp:
Uaiv~ity Public Satiny.
It souads l~e w~ just iamTugt~ a sui¢i~
Oh.
~_ _~,xse w~'ve g~ a caller c~ PBX b~ says 1~ was just talking
to somSoody down at thax right next door at 1132 East or South
Gilb~ that was talking suicide a~l whatnot aad be h~ard a shot
fmxl aM line wmt d~xl so I don't think w~ have a~y officer
injury or a~ing l~e that but I th~k that's the ~rio.
OK, OK, thank h~a...thaaka f~r l~xiag me Imow, Bye.
00:17:54
00:17:55
00:18:01
00:18:02
00:18:04
00:18:06
00:I 8:09
00:18:10
00:18:11
00:18:14
00:18:17
00:18:18
00:18'.31
00:18:34
00:18:34
Jaso~
Dave:
D~ve:
Jason:
Dave:
Jason:
Dave:
J~:
Jafa~:
Iow~ City Police
This is Dave Buliu~ I was on the phoue with a
inciclmt with Eric Shaw.
OK
I r~call now his lmr~nts name he that wo~ld be a help.
OK, if I coold g~t tl~se fxom you, sir.
$a¥ and Blossom Shaw
Blo~som?
That's her name.
And Shaw was the last name?
Yeah, his dad's name, his dad's ,~e is Jay.
OK, do ~ou lmow wher~ they live?
Th~ live in Iov~ City, tb~ liv~ en t~..l d~'t exactly know gae
street. I know they live o~ the northeast side oftt~ tov~ I'm sure
00'.25:00
fxom dispal~h phot~: answ~ng machi~ pickin~ up from St PaI's
00:53'.33 S/O Disp:
00:53.'35 Jaso~
00:53:55 S/O Disp:
00:53:58 Jason:
00:54:01 S/O Disp:
00:54:03 Jason:
00:54:04 S/O Disp:
Slm~ff's ofice
Hi, Jason, City. Need an ambulance only, code-2, to stand by at
the scene of our shooting. The pann~ ar~ ther~ now and v~'d like
th~n to park at Nagle Lumber just to stand by and if somettgng
the~ but, OK.
OK, .just for standby?
Year, the folks are pm'ty dieu ~.o_o~t. so...
Is ~ 10-427
Yes.
OK.
09:.54:04 .~asoa: OK.
09:54:0~ $/O Disp:
00:$4:05
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFHCER: Lt. M.C. Jolmso~
CASE NUMBER: 96-607479
I3[CIDENT NUMBER: 96047129
DATE: S~ptmmlxx 11, 1996
TRANSCRIPTION OF PBX/RADIO TRAF~C TO COMMUNICATIONS
Routine Fir~ s~:
23:54:17 Barb:
23:54:18
23:54:19 Barb:
23:54:22
23:54'.25 Baxb:
23:54'.27 ~
23:54'98 Barb:
23:54:32 G~st:
23:54~3 BaHre:
23:54'.34 ~
23:54'.36 Barb:
23:54:49
23:54:50 Barb:
9_3:54:53
9_3:54:55 Barb:
23:54:56 Gemst:
23:54:56 Barb:
Iowa City Police
Hi Barb, this is Davax You guys busy there?
Y~p.
What bat~cna~.. I'm bei~ nosy because I almost go~ nm over
by a bunch of fire trucks. What's going o~ at the concrete place?
We 1~! a sboofi~
Nope, I dou't imow, v,~ &m't imow who it was y~
They just fouad a 'v~X;~ in the?
We dou't know.
OK
We doa't imow flit was, if it just hapln~d or if it !~ppe~xl
wheu they gut fia~e, or fi~-y fouad i% w~ dou't lmow. We don't
kuow who it was y~t, I &~'t think it was au oiScer though.
You doo't kuow for sur~?
We dou't kuow for suru.
OI~ I'm go-,~ come back
OIL
Bye.
Bye.
23:55:42 Barb:
23:55:43 S/O Disp:
23:55:45 Barb:
Iowa City Police
Hi, thi~/s fi~e Sheri.6f's Office
Hi.
S/O Di~:
23:55:4~ BJ,"o:
2~:55:50 S/O D~:
23:55:51 l~-b:
2.t:55:53 S/O Dis-p:
2t:55:53 Barb:
Is Item soma guy nmaia8 aro~l with a gun or dld you catch the
We ~loa't lmow what's 8oing
OK.
Bu~ tl~t's all vm lmow.
or,, tUaks.
OK,
00'99..22
00'.29:58
C~ to Cha~laia Arnold (r~lu~ning that ~ ~ ia)
Call eomple~L
00:41'~1
00:41'~2
00:41~6 Cnn~t:
00:41'.39 Jobzls(~
00:41:42 Chest:
00:41:43 Jolmsoa:
00:41:48
00:41:48
00:41:50
00:41:51 Jdmsoa:
00:41:51 Cnxst:
00:43:06 Lori:
00:43:07 Bok:
00:43:08 Loft:
00:43:09
00:43:16 Lod:
Ra~o
Do YOU haw Ligpokl ~s CST tonight, is he in?
He's/a ~d b~ just...Y~b.
Have/xi~ pick up a caa~ra aocl mea Sgt. Wyss at the some.
OK
Pol~rokl?
No, ao, 35
Og, I'lhell him.
B~
Bye.
Io~a C~ Police
Hi, i¢s Bok aga~
H~l/o.
Sorry to ke~p boOm/rig y~u, I know y~u guy~ at~ busy. l just
did a rml nice job of dispatching that.
Taaak you.
00:43:17
00:43:2.5
00:43'.26
00:43'.27
00M3~1
~:43~2
OK.
So ~uyw~y...
Y~ak, our new disinter ~ ~ I'm sorw abou! that. We'll
Well, but y~ guys I ~_,2~. a~ ~ ~ ~ ~ ~ ~d a
O~ ~ y~
Y~'~ ~
B~.
00:44~5
(call fr~m S~ Wyss n~a~st~ to ~ wi~ I.,~ .Iolmso~- call
~ransfa, rod to Joi~.~a)
00:55:17
(Call frc~ IC Fi~ (Bd0 in r~l~me W paS~. Fir~ was paled
Prm~u~2y o~ code 2 r~s~ f~ ~almlaw~ ONLY m stancl by ·
(Call fi-om Fi~ m~.)
00:56:56
OffPD-1 Set
00:41:09 tot. i:
00:41:14 Stgffm:
00:41:15 Lori:
00:41'.30 Steffm:
00:41:38 Lori:
Uuit 82 Iowa
Go Ahead
N~ y~t~ 10-21 ~cut~ li~
I'm no~ ~oin~ to have a !and ~ne to ~alL All I hay, is $gt. Wyss'
1o.4.
00:46:08 Lcri:
00:46:14 Steffea:
00:46:17 Lori:
00:46'.21 St, elfin:
00:46'.26 Lcri:
82, Iow~ City on PD-2.
Go ~
Can y~ have a car check theh' MDT f~r a merman?
Yeah, ~n you send k to 27 or, Yeah 27'H be closer.
10-4
00:55:12 Jstc. kson:
00:55'.20
00:55'.22 Jackson:
00:55-.29 Jasc~
00:55:33 Steva:
00:55'.3? Jase~
00:55'.39 Jackson:
00::55:43: Stew:
(Brntks squelch)
94, do y~ bav~ tmfSc f~r city?
10-4, Ineed a unit f~r a 10-5, th~ location.
10-4, Unit f~r a 10-5, 1130 Soulh Gilbert.
50's GiToert and Jefferson.
10-4, 50.
50, n~ak~ it 2rid Strut and G~ll~rc
10-4.
IOWA CITY POLICE DEPARTMENT SUPPLEMENTAL REPORT
REPORTING OFFICER: Lt. M.C. Johnson
CASE NUMBER: 96-607479
INCIDENT NUMBER: 96047129
DATE: SEPTEMBER 16, 1996
O~ 9-16-961 c~m~! Iow~ City Poli~ D~!~tmmt fixtures imtruc~rs ~ w~poos armotto ia
~ tx) a mqu~s~ f~o~ I:~-'I S/A De. RooL I waa~d to fiad o~,t ffit~-~ had 10,c~ shy work done
I also oblaiaed fro- S/A De, Rooi ~t~ is.~mx~ list th~ is _~m~,,t by Field O~o~s Commander
offic~ to whom R is issu~xL h ~klitioo to ~s I ol:~aiood a copy of fl~e or~..-~.~ purchase order ~
shows the dam ~ ~ o£wnix~ w-as ordis~l (Juae 1994). TI~ information was seat via FAX
~o S/A DcRooi in D~ Moils a~ #$15-242-6297.
DATE J'Ot~ 27, 1994
P 55605
TO
~777 H ,t2~l-d ST
~UI~F, i// 53007-/.725
SHIP PREPAID TO.,
POLICE D [P.ULTi'!gt~
IOWA CITY Ii' 52240
Instructions:
VENDOR INVOICE #
CONFIRMING ORDER -- DO NOT DUPUCATI:
PHONE I"l FAX I-} IN PERSON
PLEASE INITIATI~ THIS ORDER.
[] F.O.B. IOWA CITY. [] PICKED UP
~-I PREPAY FREIGHT AND AOD TO iNVOICE
QUANTITY UNIT DE~C. RI FTION UNIT TOTAL
COST AMOUNT
62
EEI~TTA 96 40 C~L. ~/NITE SITES
186 CLIPS
W/TRADEINS
OD0
P 55605
Questions on thi$ ordar?. CoFct
PAT XAKNgY
ll. 172.g0
5275
&t356-
~/U s9 ~ 7
DEPARTMENT FILE COPY
~WA CI~ POLICE DEPARTMENT
.ST OF A~BIGIIED WEAPONS TO O~TICEI~S
BERETTA .40 ~.ALIBER MODEL 96
AUG. 26, 1996
OFFICER
SERIA/, 9
AKgRS
BATCHELLER
BERG
BROTHERTON
BRUCHER
CAMPBELL
COATES
COX
DAVIS
uELA~y
DRECKMA/~
DROL/,
DUFFY
FORT
FOR~
GASS
GI~SPIE
GIST
GONZOLEZ
~PPEL
~Y
RT
HEICK
BER029894M
BER029903M
BER029856M
BER029904M
BER029859M
BER029878M
BER029888M
BER029861M
BER02455?M
BER029882M
BER029854M
BER029884M
BER029864M
BER029587M
BER029881M
BER029910M
BER029879M
BER029915M
BER029895M
BER029890M
BER029880M
BER02985?M
BER02990?M
BY NAME.
' 'WLETT
HOEPT
HUFF
HUMRICHOUSE
HURD
JACKSON
JACOBS
JOHNSON
KELSAY
KNOCK
KREI
LEIK
LI~
LIPPO~
LO~
MC~TIN
MEBUS
MI~ER
MO0~
~ERS
~XON
NOBL~
PETERSEN
~_KE~ELS
BER029897M
SER029889M
BER029893M
BER029921M
BER029896M
BER029847M
BER029901M
BER029891M
BER029892M
BER029858M
BER02991?M
BER029849M
BER029914M
BER029913M
BER029855M
BER029918M
BER029906M
BER029916M
BER029911M
BER029848M
BER029885M
BER029920M
BER029908M
BER029853M
BER029898M
BER029902M
BER029850M
$AMMONS
SCHULTZ
SELLERS
S I N~LE~
STEFFEN
STEVA
WIDER
WI~E~E
BER029883M
BER029919M
BER029886M
BER029853M
BER02990§M
BER022967M
BER0298§RM
BER029909M
BER024§?4M
BER029944M
BER029862M
BER029860M
BER209860M
BER029912M
SPARE
SPARE
SPARE
SPARE
BER024578M
BER024579M
BER024580M
BER029899M
IOWA CITY POLICE DEPARTMENT
General Order 92-03
INTERNAL AFFAIRS INVESTIGATIONS
DR TE OF ISSUE
22 September 1992
REFERENCE
Department Disciplinaw Philosophy
SECTION CODE
ADM-06
EFFECTIVE DATE
1 October 1992
CANCELS
All Previous Orders in Conflict
DISTRIBUTION
C
INDEX
Internal Affairs Investigations Register (lAIR)
lAIR Forms 1-13
Internal 'Affairs Investigations
Knowingly Providing False Information
PURPOSE:
The purpose of this order is to establish the policy and procedures for the investigation
of complaints made against Department personnel, policies and/or procedures. This order
provides the guidelines and procedures for the prompt, fair, and impartial investigation and
. disposition of citizen complaints and allegations.
This order consists of the following numbered sections:
I. Policies
II. Definitions
I11. Authority and Responsibility
IV. Internal Affairs Investigation Register
V. Reporting Procedures
VI. Investigative' Procedures
VII. Guidelines for Investigation
VIII. Investigation Summary of Finding
IX. Disposition of Internal Investigation Findings
X. Confidential Nature of Investigations
XI. Disciplinary Authority
XII. Effective Date
ADM-06.2
II.
It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and/or against Department. policies
and procedures, regardless of the source of such complaints. This policy shall
include the investigation of alleged or suspected violations of law, ordinances or
Department rules, regulations, policies, procedures or orders (written or oral) as
reported to Department managers and supervisors by:
Members of the Department in any of the following manners: in writing,
orally, by telephone, or by correspondence (signed or anonymous).
Citizens (including prisoners) who report to any Department member in any
of the following manners: in writing, orally, by telephone, or by correspon-
dence (signed or anonymous).
3. Supervisors who observe or suspect violations by Department personnel.
The thorough, standardized investigations of these types of complaints demon-
strates the Department's desire to provide honest, efficient police service and will
inspire public confidence in Department personnel. A regulated program of
complaint review is established to ensure the fair and impartial treatment of
Department members who may become subject to the internal review procedure.
Clearly defined policy and procedures permits employees to know what to expect;
reassures the public that discipline will be administered, if necessary; and provides
a pre.determined method for informing both the public and employees of .the
disposition of the complaint.
DEFINITIONS
A, ~:OMPLAIN~'
A complaint is defined as an act of expressed dissatisfaction which relates
to department operations, personnel conduct, or unlawful acts. Generally,
complaints are based on ~ of misconduct or violations of
procedure. A complaint may be filed either internally, that is by a
Department member who wishes to report infractions or violations by
another member, or externally, that is when a citizen complains about a
member of the Department.
B. NON-DISCIPLINARY INCIDENTS .OR VIOLATIONS
Non-disciplinary incidents or complaints shall mean complaints or
allegations which do not involve violation of law, rules, regulations, general
orders or procedures of the Police Department.
III.
ADM-06.3
C. NON-_PUNITIVE INCIDENTS OR VIOLATIONS
Non.punitive incidents or violations shall mean incidents or complaints
alleging minor infractions of rules, regulations, general orders, or proce-
dures by Police Department personnel for which the appropriate disciplinary
action is limited to counseling and/or oral or written reprimand by use of
the Critical Incident Form.
D. PUNITIVE INCIDENTS OR VIOLATIONS
Punitive incidents or violations sh~11 mean incidents or complaints alleging
violation of the law, rules, regulations, general orders, or procedures by
Police Department personnel for which the appropriate disciplinary
response consists of punitive action ranging from loss of privileges to
suspension and/or dismissal.
AUTHORITY AND RE~ffONSIBILITY
A. ~OMMANDING OFFICER. FIELD OPERATIONS
The Commanding Officer, Field Operations, shall be responsible for the
internal affairs investigation function of the Department.
The Commanding Officer, Reid Operations, shall report directly to the Chief
of Police about the progress of complaint Investigation and the'disposit. ion
of all such investigations.
The Chief of Police may assign the investigation of internal affairs cases to
personnel from other divisions, sections or units within the Department, if
it is determined that this course of action is in the best interests of the
Department.
If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
After first notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the County Attorney's Office when internal
investigations concern possible violations of criminal law. This contact
may be for notification and/or legal advice or assistance in case prepara-
tion. All contacts must be noted in the Report of Inquiry.
ADM-06.4
I¥.
ALL SUPERVISORY AND COMMAND PERSONNJ~L
1. Each supervisor or commander will perform the duties and assume the
obligations of their rank in the investigation of complaints or allegations of
misconduct against members of the Department, and will cooperate fully
dudrig the investigation of a complaint against a member or employee of
the Department.
2. Supervisory and command personnel will initiate an investigation when the
subject complained of or observed is an infraction/violation of State Code,
City ordinance or Department policy and within the scope of their
authority; they will not need look to higher authority for the initiation of
this action.
ALL DEPARTMENT PERSONNEL
It shall be the duty of all Department personnel to report the violation of
laws, ordinances, rules, regulations, policies, procedures, or orders by any
other Department n~ember to the immediate supervisor of the employee
committing the violation.
INTERNAL AFFAIRS INVESTIGATION REGISTER
The Internal Affairs Investigation Register (lAIR) is designed to provide the iowa
City Police Department with a control device to assur~ that every complaint
received by the Department, or which originates through action of a Departmental
member, will be investigated.
The lAIR will be maintained by the Commanding Officer, Field Operations Division.
Entries in the lAIR shall contain sufficient and accurate information of both the
allegations and the disposition of the investigation. The lAIR will be maintained
in a secured area within the Commander's office.
Complaints logged in the lAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
To ensure that the investigations are being completed within a reasonable time,
periodic inspections of the lAIR will be made by the Commanding Officer, Field
Operations and status reports will be forwarded to the Chief of Police.
The Commanding Officer, Field Operations shall assign a control number to each
complaint received and record the number in the lAIR, and on the copy of the
complaint form.
1. The numbering system shall be sequential, profixed by the year, i.e. 91-
001, 91-002.
ADM-06.5
REPORTING PROCEDURES
A written record of all complaints against the Police Department or its personnel
shall be maintained regardless of the nature, scope, or reasonableness of the
complaint.
Compliance with the following procedures is the responsibility of the supervisor
and/or member initiating the investigation.
1. Conduct a preliminary examination of the complaint.
Ensure that the complainant understands the state statute concerning
'obstructing justice' and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (lAIR Form 2)
a]
If there is a clear indication that the officer or employee did nothing
improper, then the Initiating Report Form shall be completed,
indicating same, and forwarded through the chain of command to
the Commanding Officer, Reid Operations Division.
b]
If the complaint or allegation is minor and within the scope of the
supervisor's authority, the supervisor may resolve the complaint by
use of the Report of Inqui~, Form, and forward the report and
results through the chain of command to the Commanding Officer,
Field Operations Division. for entry into the lAIR with a control
number.
c]
When it appears that an officer or employee may have violated
Da13artment policies and procedures, the Report of Inquiry shall be
forwarded to the Commanding Officer, Field Operations, within 24
hours.
d]
When it appears that an officer or employee may have committed
an illegal or criminal act or may have violated a person's constitu-
tional rights, the Report of Inquiry shall be forwarded to the Chief
of Police within 24 hours.
e]
All Report of Inquiry forms shall be reviewed for approval at the
Division Commander level prior to being forwarded to the Chief of
Police.
Within 72 hours of receipt of a complaint requiring investigation by the Command-
er, the accused member shall be advised of the complaint and that an investigation
has been initiated.
VIa
ADM-06.6
The Commanding Officer, Field Operations Division, shall contact the complainant
within seven (7) calendar days of receiving complaint informing complainant of
receipt (lAIR Form 1) and status of complaint.
Internal investigation complaints shall be completed within thirty (30) calendar
days of receipt of initial complaint. An extension may be granted by the Chief of
Police where extenuating circumstances exist. Status reports on complaints shall
be submitted to the Chief of Police every seven (7) calendar days to assist in this
determination.
[J:~/.~,,~.J{~ ATIVE PROCEDURES
A. The Chief of Police may require an employee to submit to a medical or laboratory
examination, to be photographed, to submit financial disclosure statements, or
participate in a line-up, when such information or actions are specifically directed
and narrowly related to a particular internal affairs investigation. Failure to follow
a direct order of this nature shall constitute a separate infraction and may result
in termination. (However. if an internal investioation is of a criminal nature.
emolovees will be afforded all their leqal or constitutional riohts.)
1. The City Manager may re(luire same when the complaint is directed toward
the Chief of Police.
An employee under investigation cannot be compelled to submit to a poiygraph,
Voice Stress Analysis, or any other instrument de~-igned to detect deception.
However, an employee under investigation may voluntarily submit to such
examination after being made aware that such actions are strictly voluntary, and
refusal to submit does not imply any guilt or admission of the violations. The
results of the examination shall not be used in any commission hearing, court or
trial as evidence of guilt or innocence.
The Commander conducting an internal investigation shall conduct the investiga-
tion fairly and impartially toward both the complainant and police personnel.
The Commander shall conduct such interviews as are deemed necessary
in order to accumulate all necessary evidence and facts pertaining to the
complaint.
The Commander shall follow the state law, City ordinance, and labor
contracts concerning Peace Officer Disciplinary Acts utilizing the appropri-
ate forms depending on the alleged violation.
a] Notification of Complaint/Investigation (lAIR Form 3).
b]
Request/Waiver of counsel (lAIR Form 4).
Administrative Proceeding Rights Form for non-punitive infrac-
tion/violation that do not involve termination (lAIR Form 5).
ADM-06.7
d]
Statutory Rights Form for punitive Infraction/violation that could
involve separation from the Department (lAIR Form 6).
Criminal Rights Form for alleged violations of Criminal Law (lAIR
Form 7).
At the conclusion of the investigation, the Commander shall submit an
Internal Investigations Report to the Chief of Police for review and
approval, in the format as outlihed in lAIR Form 8.
The Commander, upon completing the internal investigation, shall conclude
the report by classifying the case into one of the following categories:
el
Unfounded: The investigation indicates that the act(s) complained
of did not occur or did not involve police personnel.
b] Exongr~ted: Acts did occur, but were justified, lawful, and proper.
c]
Not Sustained: The investigation fails to discover sufficient
evidence to clearly prove or disprove the allegations made in the
complaint.
~: The investigation disclosed sufficient evidence to
clearly prove the allegations made in the comlolaint.
a!
Policv Failure: Investigation reveals that the alleged acts did o~:cur
and were improper; however, the officer was acting in accordance
with established Department policy.
When the act complained of is a criminal offense, and the evidence
establishes probable cause that the crime was committed, the Commander
shall forward the information to the Chief of Police and request a decision
as to whether:
a] the County Attorney's Office shall be notified; and
b] the accused persons should be arrested forthwith; or
C] a warrant for arrest should be first obtained; or
d] criminal action should be delayed pending further investigation; or
el request assistance from another law enforcement agency.
ADM-06.8
VII, GUIDELINES FOR INVESTIGATION
The following guidelines will be used by the assigned investigator and will outline
a Department employee's rights and obligations during an internal investigation.
The investigation of Departmental employees shall be at a reasonable hour,
preferably when they are on-duty, unless the circumstances dictate
otherwise. Where practicable, interviews should be scheduled for the
daytime. Overtime will be compensated.
The interviews shall ~ake place at a location and time designated by the
investigating officer.
3,
Department personnel who are under investigation will be informed of the
nature of the investigation before any interviewing commences, including
the name of the complainant and sufficient information to reasonably
apprise the member of the allegation{s). Personnel will be advised if they
are being questioned as witnesses or as employees whose conduct is being
challenged.
Rest periods shall be allowed each hour. Opportunity will also be provided
for personal necessities, meals, and telephone calls.
Department members shall not be subjected to any offensive language nor
shall they be threatened with transfer, dismissal or other disciplinary
punishment by the investigating officer. No promises of reward shall be
made as an inducement to answering questions.
Interviews shall be recorded mechanically or by a stenographer. There will
be no 'off the record" questions or statements.
If the investigation is criminal in nature, the accused shall be given the
appropriate criminal warnings. At no tirpe will the investiQator infringe on
the riohts of the emolovee as those rights are defined by constitutional
provision an~ court interpretation.
If the investigation is to be administrative in nature, the accused member
shall be given the appropriate administrative warnings required by State
law, City Code, Department policy, and labor contracts,
Refusal to answer pertinent questions or to cooperate in the investigation
when it is administrative in nature may result in disciplinary action against
that member, up to and including dismissal from the Department.
10.
The assigned investigator can order any member to deliver or make
available any property, document or other item needed in the investigation.
This requirement is applicable or~ly to Administrative Investigation. All
legal and constitutional rights of the employee will be adhered to by the
investigator.
VIII. INVESTIGATION SUM~IARY OF FINDINGS
IX.
ADM-06.9
Ae
Upon final receipt of Internal Investigation Report (lAIR Form 8), the Commanding
Officer, Field Operations, shall review the report for completion, which shall
include the following information:
1. Prior disciplinary action against the employee.
e
Prior commendations or mentions of exceptional performance of the
employee.
Recommended disciplinary action believed to be appropriate, based on the
investigation results and the employee's employment history.
Be
In cases involving complaints against the Commander, all matters will be handled
by the Office of the Chief of Police.
In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or designee.
De
Final approval of internal investigation recommendations will rest with the Chie[
of Police except under Subsection C.
DISPOSITION OF iNTERNAL INVESTIGATION FINDINGS
Upon approval of the Final Internal Investigation Report by the Chief of Police', the
records of the investigation shall be forwarded to the Commanding Officer, Field
Operations, for completing of the lAIR.
Complaints that are classified *sustained' will be filed in the employee's personnel
file. All reports that result in an "unfounded,' 'exonerated," or *not sustained'
finding shall be filed in the internal investigation file with the Commanding Officer,
Field Operations, and shall not be entered in the employee's personnel file.
The officer or employee who is the subject involved in the investigation shall be'
notified of the disposition by lAIR Form 9, as will any outside complainant by lAIR
Forms 10, 11, 12, 13.
.~QI~FIDENTIAL NATURE OF iNVESTIGATIONS
Ae
Many mistaken or even deliberately false reports and accusations are made against
police officers. In some instances, the most conscientious and hard-working
officers will be the subject of such reports. In order to ensure the integrity of the
Department, it is necessary to investigate completely and thoroughly all reports
and accusations from all sources. This must be done. At the same time.
reputations and oood names of innocent police officers m~Jst be protected. This
is important to Department and individu.al morale, and to the effectiveness of
police operations.
Xl.
XlI.
ADM-06.10
Sustained cases and the disciplinary actions taken are a matter of public
information. All other cases will be regarded as confidential and the records of
such cases will be maintained in the office of the Commanding Officer, Field
Operations.
DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose an emergency suspension against a
member or employee when it appears necessary to preserve the efficient and safe
operation of the Department. The supervisor shall then notify the Commander,
who will in turn notify the Chief of Police.
1. Any person so suspended shall be instructed to report to the Office of the
Chief of Police at 9:00 a.m. on the next business day, unless otherwise
instructed.
a]
The Supervisor imposing or recommending the suspension will
report at the same time.
B. Other disciplinary measures supervisory personnel may take:
1. Written recommendation for penalties.
Employee evaluation.
3. Oral reprimand with documentation.
C. Final De13artment authority and responsibiliW rests with the Chief of Police.
De
The Chief of Police has full power and authority to reprimand, suspend, demote,
or terminate any Department member for disciplinary purposes. Such employee
retains all rights of appeal under applicable laws and collective bargaining
agreement.
EFFECTIVE DATE
The effective date of this order is 1 October 1992.
KELHAKE
POLICE
DISTRIBUTION:
All unit~, sworn and civilian pemonnal.
I have read the above order and fully understand
ADM-0§.I 1
Signature
ATTACHMENT 'A'
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or ~uses to be reported false Information to a fire department or a law
enforcement authority, knowing that the Information Ls false, or who reports the alleged
· occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor.
71 9.3' Preventing Apprehension, Obstructing Prosecution, or Obstructing Defense (Iowa Coc~e)
A person who, ~ intent to prevent the apprehension or obstruct the prosecution or defense
of any person, knowingly does any of the following act~, commits an aggravated misdemeanor:
1. Destroys, alters, conceals or disguises physical evidence which would be edmissibie in
the trial of another for a public offense, or makes available false evidence or furnishes
false Information wtth the Intent that it be used in the trial of that case.
2. Induces a witness having knowledge material to the subject at issue to leave the state or
hide, or to fall to appear when subpoenaed.
- ices and
Jefendant. if know'n
~ay designate "n~rne
lame or general de
~orlze5 a wm're~lt to
county or city where
-nag~strate with the
5. 4536. C73, §4187,
.39. §13462: C46.50,
~4.5' C79.81, §804.2]
dorsed on warrant.
u-rant be bailable. the
ake an endorsement
defendant, when at-
u the stun of ............
moas of release)."
,?. §5185:C24 27. 31.
62.66.71.73.75.77.
ed to any peace officer
nv county m the state.
~i §5186; C24.27.31.
62.66.71.73.75.77.
:son Into custody when
.d b? law. mcluding re-
persofts submission to
~50 §4545. 4551. 4557-
-4211: C97.§5193.5194;
3466; C46. 50.54.58.62.
5 2. C79.81. §8o4..5)
~ make an arr~t-
mt shall be made only
:ases- an arrest may be
54~7
COM]~:,NCF,~EblT OF ACTIONS -- ARREST -- DISPOSFrlON$ OF PRISONERS. §804.11
made by a peace officer or by a private person as
provided m this chapter.
[R60. §4546: C73. §4198: C97. §5195; C24.27.31,
35.39. §13467; C46. 50. 54.58. 52. 66, 71.73.75. 77.
§755.3; C79.81. §804.6]
804.7 Arrests by peace officers.
A peace officer may make a~ arrest in obedience to
a warrant delivered to the peace officer; and without
1. For a public offense committed or attempted m
the peace officer's presence.
2. Where a public offense has m fact been com-
mitted. and the peace officer has reasonable ground
for believing that the person to be asrested has ~m.
mir t~l it.
3. Where the peace officer has reasonable ground
for believing that ~.n edictable public offense has
been committed flied ha~ reasonable grotrod for
heyfog that the person to be arrested has ca,,,,~itt~l
it.
4. Where the peace officer has received from the
department of public safety, or from any other peace
officer of this state or any other state or the United
States an official communication by bulletin. radio.
telegraph. telephone. or otherwise. informing the
peace officer that a warrant has been issued and is
bemg held for the arrest of the person to be arrested
on a designated charge.
5. If the peace officer has re~onable grounds for
believing that domestic abuse, as defined in section
236.2. has occurred a~d has removable grounds for
believing that the person to be arrested has c~mmit.
ted it.
6. As required by section 236.12. subsection 2.
[C51, §2840; R60, §4547. 4548; C73. §4199. 4200;
C97. §5196; C24.27, 31, 35.39. §13468; C46. 50, 54.
58. 62.66, 71,713, 75. 77. §755.4; C79, 81, §804.7]
85 Acts, ch 175. §12:86 Acts. ch 1179, §7
804.7A .4a-recta by federal law enforcement
officers.
1. For purposes of this section, 'federal ~ en-
forcemen t officer" me-n, a person employed full time
by the United States government who is empowered
to effect an m'rest with or w~thout a warrant for a
vldlation of the United States Code and who m au-
thorized to carry a fnmatin in the performance of the
person's duties as a federal law enforcement officer.
2. A federal law enforcement officer has the same
anthonty, as ptuvided m section 804.7, subsec~on 3,
and has the same/mmumty from emt m th~s stare as
a peace officer, as defined in sect/on 801.4. subsec-
Uon 11. when making/m arrest in this state for a
nonfederal crune if either of the follow/rig emsto:
a. The federal {aw enforcement officer has tea.
sonable grounds for believing that an indictable pub-
lic offense has been committed m~d has reasonable
grounds for believing that the person to be arrested
has committed it.
h The federal law enforcement officer ,s render.
mg asslsUance to a peace officer of :hl.~ state In an
emergency or at the request o! the peace officer
90 Ac~. ch 1014. §1
804.8 Use of force by peace officer making
A peace officer. while wakmg a lawful arrest.
j usnfled in the use of any force which the peace officer
reasonably believes to be necessary. to effect the
arrest or to defend any person from bedily h arm while
maYarig the arrest. However. the use of deadly force
~s only justtried when a person cannot be captured
any other way and either
1. The person has used or threatened to use
deadly force in coroxrotting a felony or
2. The peace officer reasonably believes the per-
son would use deadly force against any person unless
im-,ediately apprehended
A peace officer making an arrest pursuant to an
invalid warrant ~s justified m the use of any force
which the peace officer would be justified in usmg if
the warrant were valid. unless the peace officer
knows that the warrant is invahd.
[C51. §2844; R60. §4553. C73. §4205: C97, §5200;
C24.27. 31.35.39. §13472; C45, 50. 54, 58.62.
71. ?3. 75.77, §755.8; C79, 81. §804.8]
804.9 Arrests by private persons.
A private person may make an arrest:
1. For a pabhc offense comm~t~ or attempted Ln
the person's presence.
2. When a felony has been committed. and the
person has reasonable ground for believing that the
person to be arrested has committed it.
[C51. §2846; R60. §454g; G73. §4201: C97. §5197;
C24.27. 31.35.39. §13469; C46.50.54, 58. ~2.66.
71, 73. 75, 77, §755.5; C79, 81. §804.91
804.10 Use of force in arrest by private per-
A private person who makes or assists another
private person m m~kirig a lawful arrest is ~ust~fied
in using any force which the person reasonably be-
lieyes to be necessary to make the arrest or winch the
person reasonably believes to be necessary to prevent
serious uljury to any person.
A private person who is s-mmoned or chrected by
a peace officer to assist m makang an arrest may use
whatever force the peace officer could use under the
cu'cum,~t,~nces. pro'.qded that. if the arrest is unlaw-
ful. the private person assisting the officer shall be
justriled as if the m'rest were a lawful arrest. unless
the person knows that the arrest ~s unlawful.
[C79. 81. §804.10}
See §7O4 1-,'04 ~
804.11 Arres~ of materia] witness.
When a law enforcement officer has probable cause
to believe that a person is a necessary. and material
w~mess to a felony and that such person m2ght be
participants and thus garner support for their cause. It is therefore incumbent upon the
Department to cope with disruptive situations in a professional manner which will minimize
potential for violent confrontations.
514 USE OF FIREARMS
514.1 NECESSITY THAT OFFICERS BE ARMED. As long as members of the public are victim~
of violent cdmes and officers in the performance of their duties are confronted with deadly forc.~e,
it will remain necessary for police officers to be properly armed for the protection of society an~l
themselves.
514.20 REASON FOR THE USE OF DEADLY FORCE. An officer is equipped with a firearm to
defend the officer or others against deadly force. An officer does not necessarily shoot with the
intent to kill; the officer shoots when it reasonably appears necessary to prevent the individual
from completing what he/she is attempting. When a firearm is used by an officer. it must be with
the realization that the death of some person may occur. not necessarily with the intent that such
will be the result.
514.30 JUSTIFICATION LIMITED TO FACTS KNOWN TO OFFICERS. Justification for the use
of deadly force must be limited to what'reasonably appears to be the facts known or perceived
by an officer at the time the officer decided to shoot. Facts unknown to an officer, no ma~ter how
compelling, cannot be considered in later determining whether the shooting was justified.
514.40 SELF DEFENSE AND DEFENSE OF OTHERS. The law of justifiable homicide
authorizes an officer to use deadly force when it reasonably appears necessary to protect the
officer or others from what reasonably appears as an immediate threat of great bodily harm or
from imminent peril of death. The policy of the Department does not limit that law.
514.50 SHOOTING AT FLEEING MISDEMEANANTS. Officers may not use deadly force to
effect the arrest or prevent the escape of a misdemeanant.
514.60 FIRING WARNING SHOTS. Warning shots should notbe fired in an attempt to induce
the surrender of a suspect.
515 HOSTAGES. Criminals who use hostages to effect their escape are desperate individuals
who, if allowed to escape, will pose a continuing threat to their hostage and to the public at large.
Assurance that a hostage will be released unharmed is a meaningless promise. The Department
does not have the ability to protect the safety of a hostage who is allowed to be removed from
the presence of officers. The safety of hostages can be best assured by keeping them in the
presence of officers and by preventing their removal by the suspect. Officers should use every
verbal and tactical tool at their disposal to secure the arrest of the suspect w~thout harming the
hostage. However, officers should realize that exceptional situations could arise where
considered judgment might dictate allowing removal of a hostage, such as where there is
imminent and probable danger to a large group of persons.
516 OFFICERS SURRENDERING WEAPON. Police officers may be at the mercy of an armed
suspect who has the advantage but experience has shown that the danger to an officer is not
reduced by the officer giving up their gun upon demand. Surrendering their weapon m~ght mean
g~v~ng away their only chance for survival: therefore. an officer should use every tactreal tool at
their disposal to avoid surrendering their weapon.
517 BARRICADED SUSPECTS
19
as its exists. Therefore, ar~officer may enforce any Federal, Sta~e, or local statute which ~s valid
on its face without fear of abrogating the constitutional rig13ts of the person violating that statute.
An officer who lawfully act~ within the scope of their authohty does not deprive persons of their
c~wl liberties. The officer may, within the scope of their authority, make reasonable inquiries,
conduct investigations, and arrest on probable cause. However, when an officer exceeds their
authority by unreasonable conduct, this violates the sanctity of the law which they are sworn to
uphold.
205 USE OF FORCE, In a complex urban society, officers are daily confronted with situations
in which control must be exercised to effect arrests and to protect the public safety. Control may
be achieved through advice, waminq, and persuasion, or by the use of ~3hvsical force. While the
use of reasonable physical force may be necessary in situations which cannot be otherwise
controlled, force may not be resorted to unless other reasonable alternatives have been
exhausted or would clearly be ineffective under the particular circumstances. Officers are
permitted to use whatever force that is reasonable and necessary to protect others or themselves
from bodily harm.
206 INTEGRITY. The public demands that the integrity of its law enforcemerit officer be above
reproach, and the dishonesty of a single officer may impair public confidence and cast suspicion
upon the entire Department. Succumbing to even minor temptation can be the beginning of a
malignancy which may contribute to the corruption of others. An officer must scrupulously avoid
any conduct which might compromise the integrity of the officer, a fellow officer, the Department,
or the City.
207 ENDORSEMENT OF PRODUCTS AND SERVICES. The Deparl~nent's position of providing
fair and impa~al service dictates that each employee must scrupulously avoid using their official
capacity, title, or position in the Department to endorse any organization, program, product, or
service when such endorsement is not approved and required in the performance of their duties
as defined by the Chief of Police.
208 COURTESY. Effective law enforcement depends on a high degree of cooperation between
the Department and the public it serves. The practice of courtesy in all public contacts
encourages understanding and apprecialion; discourtesy breeds contempt and resistance. The
majodty of the public are law abiding citizens who rightfully expect fair and courteous treatment
by Depa~t~T~ent employees. While the urgency of a situation might preclude the ordinary social
amenities, discourtesy under any circumstance is indefensible. The practice of courtesy by an
officer is not a manifestation of weakness; it is, on the contrary, entirely consistent with the
firmness and impartiality that characterizes a professional police officer.
209 OFFICER CONTACTS WITH THE PUBLIC. In each of their contacts with the public, police
officers must be aware that thetr actions, appearance, and statements are those of the
Department. For that reason, and because of the inherent potential for conflict in many police
contacts, an officer must develop a fair, impartial, and reasonable attitude and perform tasks in
a professional manner. Officers' statements must be the result of considered judgment and be
absent from personal opinion, bias, or editorial comment. Extended conversation whmh reflects
the officer's personal opinions will normally be considered inappropriate.
210 COMPLIANCE WITH LAWFUL ORDERS. The Department ~s an organization w,th a clearly
defined hierarchy of authonty.- Th~s is necessary because unquestioned obedience of a super~or's
lawful command ~s essential for the safe and prompt performance of law enforcement operations.
The most desirable means of oDtain~ng compliance are recognition and reward of proper
performance and the positive encouragement of a wilhngness to serve. However. negative
8
200PERSONAL CONDUCT
201 STANDARD OF CONDUCT. The Law Enforcement Code of Ethics is adopted as a general
standard of ~onduct for officers of the Iowa City Police Department.
LAW ENFORCEMENT CODE OF ETHICS
Primary Responsibilities of a Police Officer. A police officer acts as an official representative
of government who is required and trusted to work within the law. The officer's powers and duties
are conferred by statute. The fundamental duties of a police officer include serving the
community; safeguarding lives and property; protecting the innocent; keeping the peace; and
ensuring the rights of all to liberty, equality and justice.
Performance of the Duties of a Police Officer. A police officer shall perform all duties
impartially, without favor or affection or ill will and without regard to status, sex, race, religion,
political belief or aspiration. All citizens will be treated equally with courtesy, consideration and
dignity.
Officers will never allow personal feelings, animosities or friendships to influence official conduct.
Laws will be enforced appropriately and courteously and, in carrying out their responsibilities,
officers will stdve to obtain maximum cooperation from the public. They will conduct themselves
in appearance and deportment in such a manner as to inspire confidence and respect for the
position of public trust they hold.
Discretion. A police officer will use respons~ly the discretion vested in the position and exercise
it within the law. The principle of reasonableness will guide the officer's judgments and the officer
will consider all surrounding circumstances in determining whether any legal action shall be taken.
Consistent and wise use of discretion, based on professional policing competence, will do much
to preserve good relationships and retain the confidence of the public. There can be difficulty in
choosing between conflicting courses of action. It is important to remember that a timely word
of advice rather than arrest-which may be correct in appropriate circumsTances--can be a more
effective means of achieving a desired end.
Use of Force. A police officer will never employ unnecessary force or violence and will use only
such force in the discharge of duty as is reasonable in all circumstances.
Force should be used only with the greatest restraint and only after discussion, negotiation and
persuasion have been found to be inappropriate or ineffective. While the use of force is
occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction
of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.
Confidentiality. Whatever a police officer sees. hears or learns, which is of a confidenbal nature,
will be kept secret unless the per/ormance of duty or legal provision requires otherwise.
Members of the public have a right to secudty and pnvacy, and information obtained about them
must not be improperly divulged.
Integrity. A police officer will not engage ~n acts of corruption or bribery. nor w~11 an officer
condone such acts by other police officers.
6
the Department in labor disputes is maintained by its remaining at all times impartial regarding
the parties and issues involved and by taking appropriate action whenever criminal wolations are
observed or reported.
403.3 ENFORCEMENT OF LAWS AT LABOR DISPUTES. The Department seeks to minimize
criminal violations connected with labor disputes by providing guidelines for the conduct of the
parties and the area of the sidewalk to be used, These guidelines are discussed with
management and labor officials at which time it is emphasized that the use of public sidewalks
and roadways, the free access to public places, and the rights of persons to enter and leave
private premises are to be preserved. In cases where there is a denial of those rights, the
Department will take prompt and impartial police action. Violations of court orders and injunctions
do not ordinarily constitute criminal offenses for which the Department will take enforcement
action.
403.4 LIAISON WITH LABOR AND MANAGEMENT. The Department maintains special liaison
with management and labor officials to obtain information and to explain the Department's policies
and procedures in relation to labor disputes. By seeking the cooperation of the parties involved,
tensions are reduced and self-discipline is encouraged so that the parties may police their own
conduct.
404 LIAISON WITH CRIMINAL JUSTICE SYSTEM
404.1 CRITICISM OF CRIMINAL JUSTICE SYSTEM. The Department shares responsibility with
the Judiciary and other law enforcement and prosecution agencies in the criminal justice system.
All elements of the system work toward common objectives and each element is functionally
complementary. The cooperative and harmonious working relationships which are essential in
attaining those objectives are impaired by unnecessary criticism of others engaged in the
administration of criminal justice. For that reason officers should be aware of the effect upon law
enforcement of any comments they make which might be interpreted as being critical of other law
enforcement or prosecution agencies or individual members of the Judiciary. However, it is not
intended that there be any infringement of an officer's right to express his/her personal views
regarding the criminal justice system in general or any trends which seem destructive of its
efficacy,
404.2 COOPERATION WITH OTHER LAW ENFORCEMENT AGENCIES. The Department will
maintain a close working relationship with other law enforcement agencies, and will make
available to them information concerning techniques and procedures developed or used by the
Department.
500 LAW ENFORCEMENT OPERATIONS
501 THE NATURE OF THE TASK. Law enforcement operations consist of many diverse
activities which are directed toward the attainment of Department objectives. Actiwt~es such as
patrolling, conducting field interwews, and issuing traffic citations are not objectives in themselves;
rather. they are methods of achieving the real objectives of preventing and deternng Chine,
arresting criminal offenders. and preventing traffic accidents.
Decisions in law enforcement operations frequenUy must be made in an instant, and the lives of
officers and others may depend upon the quality of those decisions. An officer ~s confronted in
stress situations with both criminal and non-cnmmal behavior, and the officer must be capable
of making a reasonable response in both cases. An officer must base his/her conduct and action
m each instance upon the facts of the s~tuatlon as they reasonably appear. relying upon the
15
officer's experience, training, and judgment to guide the officer toward morally justified and lawful
decisions and actions.
502 POLICE ACTION BASED ON LEGAL JUSTIFICATION. What is reasonable ~n terms of
appropriate police action or what constitutes probable cause varies with each situation, and
different factors may justify an investigation, a detention, a search, an arrest, or not action at all.
The requirement that legal justification be present imposes a limitation on an officer's action. In
every case, an officer must act reasonably within the limits of his/her authority as defined by
statute and judicial interrelation, thereby ensudng that the rights of both the individual and the
public are protected,
503 ALTERNATIVES TO PHYSICAL ARREST, BOOKING, OR CONTINUED DETENTION.
Once a violator has been identified, it is the function of the Department to initiate the criminal
process; however, there are circumstances when a crime may occur and the Department will not
make a physical arrest. There may be a report wdtten and an application for a complaint made;
or in some cases, when the offense is of a minor nature, a verbal warning or other direction may
be given. The decision to not make an arrest will be guided by Department policy and the factual
situation involved, not by the personal feelings of the officer. An arrest does not dictate a
booking, and booking does not dictate continued detention. When circumstances so indicate, an
arrestee should be released without being booked, and if booked, should be released from further
detention.
504 CALLED FOR SERVICES
504.1 PROFESSIONAL STANDARD OF SERVICE. The Department cannot be aware of each
circumstance in the city in which police action or assistance may be required. The Department
is dependent upon members of the community for such information. The people in return expect
the Department to respond to requests for police service within a reasonable time and to
satisfactorily perform the necessary service. A person calling for police assistance expects, as
a matter of dght, to be provided with a service. As a practical matter, the extent of the service
may necessarily be limited, but, regardless of its extent, a professional quality of service must be
rendered in all cases.
504.2 PRIORITY OF HANDLING CALLS FOR SERVICE. It is not always possible for the
Department to respond to every call for service; therefore, the Deparb.ent must organize
available resources to give the highest level of efficient service possible. Priority of cell
assignment depends on many factors, and it is normally the responsibility of communications
personnel to make such assignments; however, an officer in the field may be required to decide
whether to continue on an assigned call or handle a citizen's complaint or other observed event
and cause a call to be reassigned. Such determination should be based upon the comparative
urgency and the r~sk tO life and property of the assigned call and the ~ntervening incident. When
~t ~s impossible for an officer to handle a cibzen's complaint or an ol3served event, the officer
should, if circumstances permit, either give direction for obtaining such assistance or initiate the
necessary notification.
505 PRELIMINARY INVESTIGATION
505.1 SCOPE OF PRELIMINARY INVESTIGATION. The scope of preliminary ~nvest~gat{on by
a uniformed officer may be very restricted or ~t may constitute the entire mvestigabon of the crime.
In a particular cr~me, the scope of the preliminary investigation may be limited to ~nvest~gat~ve
policy. and m all cases it is limited by an officer's assignment workload. Consistent w~th other
responsibilities. an officer should continue a preliminary ~nvestigation to the point where the delay
16
A*I'I"ACHMENT "B*
804,8 I.l~e of fort~ I~ ~ ~ n~kin~ an arregt.
A ~ ofil~r, while making e .le~. I eJTeal, is Justified In the use of any force which the
peace ~ re~oneJ~/believes to ~e necesse~ to effect the arrest or to defend any person
from bedily ha,'m while rn~ng ~ a~resL However, the use of deadly force is only justified
w~en a person rannot be ceptur~l any other way and either
The person lies used or threatened to use deadly force In committing a felony, or
The peace officer reasonat~y bellev~ the person would use deadly force against any
person unles~ Immediately apprehended.
A pe~ce officer m~Jng an arrest pursuant to an Invalid warrant is justified in the use of any
force which the peace officer would be jusl~fled in using If the warrant were valid, unless the
peace officer knows that the werr~nt is Invalid.
///////77/'///
FOLLOWING IS
BEST DOCUMENT AVAILABLE
USE OF FORCE MODEL - FUNCTIONAL PROFILE
COMPLIANT
MENTAL PREPARATION
LEVEL I
COOPERATIVE CONTROLS
~ Perception Skills
· '~ Risk Assessment
~ Survival Orientation
SPATIAL POSITIONING
ICOMMUNICATION SKILLS
HANDCUFFING POSITIONS
[HANDCUFFING TECHNIQUE
SEARCHING TECHNIQUES
SPECIALIZED SEARCHING TECHNIQUES
I CANINE OPERATIONS
ARREST TECHNIQUES
I ESC-ORT CONTROLS
TRANSPORT CONTROLS
Officer Stance
Body Language
Relative Positioning
Verbal
Non Verbal
Wall
Standing
Prone
Kneeling
Controlled
Wall
Standing
Prone
Kneeling
Opposite Sex
Frisk
Strip
Presence
Single Officer
Team Tactics
Single Officer
Multiple Officer
Single Officer
Multiple Officer
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT (Passive)
LEVEL II
CONTACT CONTROLS
ENFORCEMENT ELECTIVESI
CO_ N_FLICT MANAGEMENT TECHNIQUES
Single Subject
Multiple Subjects
CONTACT CONTROLS
Arm
Wrist
Hand
ARREST TACTICS
MASS FORMATION
Escort Techniques
Transport Techniques
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT (Active)
LEVEL III
COMPLIANCE TECHNIQUES
,:.~ -..-, .... .-,..-, ,., ' , ~,., · -, Neck
Ne~e compressibn Technlq'uea:::,: N~uro-Musculau' Controls -+ A~m
,:"i'.-):?,:/,,:,:{i.':*,~,.: ,:'.:,' ,.:( ",}: '. : ' ,,':i"' '!'"' '; ',,, .i'" "."': ,' -ILeg
!Control Tactics:
.......... ;" :~: ......'~'-' ";0:- -, 'Paih:co'mpl nce
traight Baton:'~;, .... -':~
{BlC'~'Cle:.,"
· -~ Take Down Techniques
[.C.A!~!NE OPERATIONS: -;:~: ' ~ _!. :;'Apprehensi .on of Felon_s
Defensive
Tactics
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTiVE (Bodily Harm)
LEVELIV
DEFENSIVE TACTICS
ENFORCEMENT ELECTIVES: I, I!, & III
PERSONAL WEAPON DEFENSES
Head
Hands
Elbows
Feet
Knees
IMPACT WEAPONS (PR-24. 26", ASP)
Blocks
Strikes
Jabs
OTHER WEAPONS
Canine Operations
Tazer
Other Options
Canine Operations:
Bark/Bite
Bark/Hold
WEAPON RETENTION TECHNIQUES (Non-Lethal)
Front
Rear
Side
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTIVE
(Serious Bodily Harm/Death)
LEVEL V
DEADLY FORCE
E~NFORCEMENTELECTIVES: I, II, III, & IV
ATTACK DEFENSE
Weapon
Weaponless
'Weapon Retention Techniques (Lethal)
LETHAL FORCE UTILIZATION
Service Weapon
s~pl~le~ental Weapon
Other Options
Other options:
Forcible Stopping Techhiques'~ -~
Contact
Roadblock
Warning Shots
IOWA CITY POLICE DEPARTMENT
General Order 95-03
Use of Force
8ATE OF ISSUE
05-08-95
INOEX ,45:
Force Management
Levels af Force
Use af Force
Use of Force Models
OPS-03
EFFEC7/i~ DA
05-08-95
CAIICEZ$
91-03
DI$11tlDIITIDfi
C
The purpose of ~is order is to establish the professional philosophy and practices of the
Iowa City Police Department retattve to proper force ~lizafion in the officer's pedormance
of service to the community of Iowa City.
This order consists of t/m following numbered sections:
II.
Ill.
IV.
V.
VI.
Principles
Utilization of Force
Documentation of Force
Investigation of Use of Force
Force Protocols
Effective Date
OPS-03.2
PI~J,NCIPLE$
Officers of the Iowa City Police Deparl~ent will use only that force which is
reasonably necessa~J in con~rmity w~ the statutes and constitutions of the State
of Iowa and ~ United States.
II.
III.
~JTI~IZATION OF FORCE
Force utilization shall be consistent wilh Force Management Program founded upon
the Iowa City Police D~pa~b,,en~s Use of Force Model (see attached).
Officers of the lows City Police Department must generally employ the tools, tactics,
and timing of forge uffiizafion consistent ~ the Model's proscription and training
protocols. Due to the fact that officerlc'~izen confrontations occur in environments
that are p~tentially unpredictable, 'tense, uncertain, and rapidly evolving" (Graham
V. Connor, 4g0 U.S. 386, 1989) the Officer may utilize tools. tactics, and timing
outside the parsmeters of the Model. However, these applications for force must
meet rite same test of reeaonal~ettess as those which have been previously
p(~CUMENTATION OF USE OF FORCE
offcars shall docoment force utilization inclusive of Level II and above, and with the
application of any restraint devices. This repo~ shall be made within a reasonable
time following the actual force ulilization and forwarded to the Captain in charge of
Field Operations.
Any confrol3tation resulting in medical attention to either the officer or the citizen
shall follow depa~lmental protocols.
INVESTIGATION~ OF USE OF FORCE
A. An investigation of a use of fome incident shall follow departmental guidelines
pertaining to officer dghts and lxivileges, rules of privacy. special assignment
criteria, etc.
0PS-03,3
FORCE PROTOCOLS
The following Model components and force ~or~elations are approved by fie Iowa City
Police Deparlment:
LEVEL !
Reasonable Officer's Perception of Subject Behavior - Com=laint
Reasonable Officer's Response. Coo~e~u~e Controls
Func'donal Profile- Level I
Training Protocols -Level I
LEVEl. II
Reasonable Officer's Perception of Subject Behavior -Resistant (Passive)
Reasonable Officer's Percep'don of Response - Contact Controls
Functional Profile- Level II
Training Protocols -Level II
LEVE~ III
Reasonable Officer's Perception of Subject Behavior * Resistant (Active)
Reasonable Officer's Response -Combllance Controls
Functional Profile - ~.evel III
Training Protocols - Lev_~
Reasonable Officer's Perce~on of Subject Behavior -Assaulfive (Bodily Harm)
Reasonable Officer's Response - pefsn.~ive Tactics
Functional Profile - Level IV
Training Protocols o Level IV
LEVEL V
Reasonable Officer's Perception of Subject
Harm/Death)
Reasonable Officer's Response - Deadly Force
Functional Profile - Level V
Training Protocols o Level V
Behavior -Assaultive (Serious Bodily
Vl.
EFFECTIVE DA'i'~
The off~ve data of this o~ler I~ 8 May 1985,
J. WINKELI-lAKE
CHIEF OF POLICE
DISTRIBUTION:
All units. swom and civilian personnel.
I have read the above order and filly un~r~tand It.
Signature
MEMORANDUM
TO: R.J. WINKELHAKE, CHIEF OF POLICE
FROM: R. FORT, POLICE LIEUTENANT
RE: I.A.I.R % 96-10
DATE: SEPTEMBER 19, 1996
Lt. Sellers and ! have done the following on this case.
Received from Captain Harney the Internal Investigation
case # and a copy of all the forms'we are to use.
Reviewed all ICPD policies, rules, regulations, and
General Orders reference this case.
We have copies of all the reports written by the ICPD
officers involved.
We have copies of the report on the last call Officers
Gillaspie and Zacharias were on Just before the Gilbert
Street call. (Lakeside knife call)
We have copies of all the written reports from the ICFD
officers involved.
We have copies of the written report from the ambulance
people involved.
We have copies of the Autopsy reports.
We have copy of the B&E list the officers were working from
on the night of the shooting.
We have set up a computer file that
can access to keep each other up to
doing.
only Lt. Sellers and I
date on what we are
I talked to the brother of Mr. Shaw (the father) and
asked him if we could view the building. I also asked
him if the family wanted to talk to us or if the family
had any thing they wanted us to do for them.
(No further response or contact from the family.)
We have interviewed (on Tape) the a~ulance person who
worked on Shaw.
We have interviewed (on Tape) the Fire Department
that was in charge of the fire fighters at the scene.
I have talked to DCI and asked them to check Officer
Gillaspie's weapon to make sure that it is working
within factory specifications.
I have talked to the DCI about when we can talk to Officer
Glllaspie.
I have advised Lt. Johnson, Sgt.
Officer Zacharias that we would
Sept. 16. 96.
Jackson, Officer Kelsay, and
interview them the week of
STILL TO DO::
Get a weather report for that night.
Interview Lt. Johnson, Sgt. Jackson, Officer Kelsay, and
Officer Zacharias.
Contact Atty. Walker to see when we can interview Officer
Gillaspie.
Get the DCI report on the weapon.
Read and review the DCI investigation report.
Get the range scores and training records for the three
officers involved.
I am sure there is some items that we may need yet that
I have overlooked when I wrote this memo.
We have held off on some of the last interviews with the ICPD
Officers at the request of the DCI. They wanted to get done
with their investigation first.
I understand the DCI is done as of 09-16-96
We should be done this week with everything except the
interview with Officer Gtllaspie as his arty. wants to
present.
be
After all the interviews are done we will have them transcribed
and give you our report.
MEMORANDUM
TO:
FROM:
RE:
DATE:
R. J. Winkelhake, Chief of Police
R. Fort, Police Lieutenant
POLICE SHOOTINGS
September 25, 1996
Fatally shot by police in Iowa City.
19667
Fin & Feather - B&E suspect was firing at officers. Officers
returned fire. Suspect hit & fatalled shot by a bullet from the 44-
40 rifle.
Bullet had hit something in the store and then hit the suspect
Officers - Captain Lee, Dreyer, & Etheridge
1996
1132 S. Gilbert
Currently under investigation
Officers Gillaspie, Kelsay, & Zacharias
Injured by police in Iowa City.
197577
Roseland Grocery (now gone) comer of Maiden Lane and Benton
Street.
B&E suspect shot in the hand by a Deputy Sheriff
Lost little finger on right hand.
197877
Espree Motors (now Hawkeye Country Auto)
1947 Waterfront Drive
2 B&E suspects were shot.
1 in the head and 1 in the rear. Both lived.
Officers Kidwell, Harris, & Young
198577 Seville Apts. West Benton Street
Armed suspect shooting at police.
Shot and injured.
Officers Huff, Hazelett, & Cummings
2 fatally shot and 4 injured since 1965
(1 of the 4 was injured by a Deputy Sheriff)
M~M0~ANDUM
· O: R.J. WINKELHAKE, CHIEF OF POLICE
FROM: R. FORT, POLICE LIEUTENANT
RE: I.A.I.R. 96-10
DATE: SEPTEMBER 25, 1996
Document
Document
Need to have a meeting with
report.
I am requesting extra time =o finish this investigation.
REASONS:
Need to see the DCI Investigation Report.
Need to see the DCI lab report on the weapon.
Can not ~alk to Officer Glllaspie until 09/30/96.
Services will need to do Gillaspie's interview.
Services is not done with three interview tapes yet.
Sellers and do the final
The following
since 8-3-g6.
is a list of business burglaries reported to this
It appears many of these have a similar MO.
agency
Location-
Varsity Cleaaers/930 S Gilbert
Front door pried
Date Reported-Time Reported-Day
8-3-96 1055 hrs Sat
Southgate Development/2051 Keokuk St
Front door pried
8-5-96 1504 hrs Mon
Jiffy Lube/1455 1st Ave 8-10-96 0724 hrs
Window in an over head door was smashed out. Cash taken.
Sat
Crowded Closet/1121 Gilbert Ct 8-11-96 1626 hrs Sun
Pried the rear door. Suspect appeared to have been looking for cash.
Wash Tub Laundry/923 S Riverside Dr 8-13-96 0827 hrs
Broke through a wall, from area of restroom. Cash taken.
Tues
Unk/929 Maiden Ln
8-18-96 0929 hrs Sun
Hair Designers/14?§ 1st Ave
Rear door pried.
8-18-96 0335 hrs Sun
Dairy Queen/1851 Lower Muscatine Ave
Unk point of entry. Cash taken.
8-18-96 1056 hrs Sun
Jacob's Chiropractic/421 Highland 8-19-96
Front door was pried, no entry gained. May
hrs, on the 18th.
0615 hrs Mort
occurred prior to
0900
White Anderson Dental/757 W Benton St 8-19-96
Forced a side door to gain entry. Cash taken.
Unk Mon
Bradley Cahoon/1929 Keokuk St 8-21-96
Rear door was pried and cash was taken.
0713 hrs Wed
State Farm/1929 Keokuk
Cash taken, Door damaged
8-21-96 0713 hrs Wed
Eicher Florist/502 N Dodge St 8-21-96 0803 hrs Wed
rear door was pried to gain entry. Cash and a Cell phone were taken.
Aoeshe Rest./624 S Gilbert St 8-22-96 0545 hrs
Officers responded to an alarm. Open door. Nothing missing.
Thurs
Swingmasters/1935 Broadway
Rear door pried. Cash missing.
8-25-96 1105 hrs Sun
Carey Dental Office/2500 Muscatine 8-24-96 0707 hrs
Entry gained by removing an air conditioner fan. Cash taken.
Fri
Hair Quarters/215 Iowa Ave 8-24-96
Entry was gained through a side door. Cash taken.
0736 hrs Fri
West Music/1705 1st Ave 8-24-96
Pried the rear door. Two ~uitars taken.
0840 hrs Fri
Proctor and Gamble/1705 1st Ave 8-24-96
Rear door pried. Desk drawers forced open.
0840 hrs Fri
Precision Design/1705 1st Ave 8-24-96
Side window broken to gain entry. Cash missing.
0840 hrs Fri
Century 21 Real Estate/1927 Keokuk St 8-25-96
Rear door pried. Sony boom box taken.
0835 hrs Sun
Creative World Fre School/2717 Northgate 8-26-96
Forced the side door. TI; VCR taken.
0622 hrs Sat
Chiropractic Arts Center/536 Southgate 8-26-96
Pried the side door. Cash taken.
0815 hr$ Mon
Iowa City Insulation/140 Stevens Dr
Pry marks found on a side door.
22nd.
8-26-96 1100 hrs Mort
May have occurred between the 20th
and
Brenneman's Seed/1500 1st Ave 8-27-96 0522 hrs
Officer found front window broken out. Fish supplies taken.
Tues
Little Ceasars/1911 Broadway 8-27-96 0531 hrs
Officers responded to an alarm. Rear door pried. Cash taken.
~h/es
The Frame Station/601 Hollywood Blvd 8-28-96 0451 hrs
The rear door on the east side of the building was pried.
missing.
Wed
Nothing was
Cottage Reserve Salon/601 Nollywood Blvd 8-28-96 0451 hrs
Items removed from business, but recovered by officers.
Wed
Perfect Look/601 Hollywood Blvd 8-28-95
Change from the pop machine was taken.
0451 hrs Wed
#1 Sun Tan/501 Hollywood Blvd
Nothing taken. Alarm was activated.
8-28-96
0451 hrs Wed
This list is u~dated as of 8-29-96.
CITY OF IOWA CITY
PRESS RELEASE
September 6, 1996
FOR IMMEDIATE RELEASE
The City of Iowa City will have a News Conference at 8:30 a.m. on Monday,
September 9, 1996. The News Conference will be held in the City Council
Chambers of the Civic Center.
The City Manager, Stephen Atkins, and Police Chief, R. J. Winkelhake, will
provide an update as to the actions that have been taken to date as well as the
future actions to be taken by the City due to the tragic shooting death which
occurred on August 30, 1996.
Authority:
Stephen Atkins, City Manager
356-5010
Offi of the
Johnson County Attorney
Phone (31~) 33~6100, FKx (31~) 33~-6149
J. PatHok White
CQunty Attorney
September 3, 1996
FOR IMMEDIATE RELEASE
Additional details surrounding the death of Eric Shaw:
Iowa City has experienced a recent rash of burglaries. Officer
Troy Kelsay was on patrol on foot in plain clothes in the area
in response to those burglaries. Kelsay observed the north door
to the building slightly ajar with a light on inside. He
suspected a burglary in process and requested unifo=h~ officers
be sent to his location.
Kelsay then observed a patrol vehicle with Officers Gillaspie
and Zacharias passi~ on South Gilbert Street and he signaled
them to stop.
Officer Gillaspie took a position at the door with Officers
Kelsay and Zacharias to the sides.
Gillaspie began slowly to open the door to check on the
suspected burglary. A single shot from Officer Gillaspie's
handgun was discharged which struck Eric Shaw in the chest.
Search of the pren%ise revealed Shaw did not have a weapon. He
was talking on a telephone with an acquaintance in Des Moines at
the time he was shot by Officer Gillaspie. The telephone was
located i~nediately inside the north door of the business.
Division of Cri~nal Investigation Laboratory cri~nalists
investigated the scene.
Additional and follow-up interviews are anticipated by the DCI
during this week. A full written report by the DCI will be
submitted to the Johnson County Attorney. That is estimated in
approximately three weeks.
-30-
Questions:
SAC Rick Benson
Division of Criminal
(319) 396-7144
Investigation
J. Patrick White
Johnson County Attorney
(319) 339-6100
PRESS RELEASE
Officers Troy Kelsay and Dam'In Zacha~las were at 1132 S Gilbert at the
t~h~e of the shootin~ which ocaul~l'ed at approxfi~tely 1150 pro, Au~'t~sl 30,
1996.
Neither Officer Kelsay nor Officer Zaehartas discharged their handL~ns.
Officer Jeffrey Glilaspie has been an Iowa City Police Officer since
October 1, 1993.
Officer Kelsay has been an Iowa City ]Police Officer since July 29,
·
Officex, Zacha~las has been an Iowa City Police Office~, since
July 8, 1996.
REVISED
PRF~S P~L~J~E
31 August, 1996
At apprnx/~ately 11:50 pro, 30 August, 1996, Eric Fielding Shaw, age 31
of Iowa City was shot by Iowa City Police Officer Jeffrey A. Gillasp/e, of
Iowa City, who was on a possible burglary in progress call at 1132 South
Gilbert Street in Iowa City at the time of the shooting. Shaw, who died at
the scene, was at that location by reason of his affiliation with a
business. The Iowa Division of Criminal Investigation is investigating the
inc/dent. The Johnson County Attorney's Office was contacted and is
involved with the /nveetigation.
The Iowa City Police Department is cooperating fully with the
investigation, Officer ~illaspie has been placed on administrative Leave
during the investigation. Normal procedures for the Police Department is to
place officers involved in this type of incident on administrative Leave.
The investigation is ongoing by the Iowa Division of Criminal
Investigation. The Iowa Division of Crheinal Investigation will release
additional information by fax as it becomes available.
This revised release replaces the e~rlier release of this date.
J. Patrick White
County Attorney
Office of the
Johnson County Attorney
Johnson County CouP'route · 417 Sou~ CIl~ton Street * P.O. Box 2450 · Iowa City, IA 52244
Phone (319) 339-6100. Fax (319) 339-6149
September 3, 1996
FOR IMMEDIATE RELEASE
Civll-4uvm,,11~
Criminal
Child
Additional details surrounding the death of Eric Shaw:
Iowa City has experienced a recent rash'of burglaries. Officer
Troy Kelsay was on patrol on foot in plain clothes in the area
in response to those burglaries. Kelsay observed the north door
to the building slightly ajar with a light on inside. He
suspected a burglary in process and requested uniforme~ officers
be sent to his location.
Kelsay then observed a patrol vehicle with Officers Gillaspie
and Zacharias passin9 on South Gilbert Street and he signaled
them to stop.
Officer Gillaspie took a position at the door with Officers
Kelsay and Zacharias'to the sides.
Gillaspie began slowly to open the door to check on the
suspected burglary. A single shot from Officer Gillaspie's
handgun was discharged which struck Eric Shaw in the chest.
Search of the premise revealed Shaw did not have a weapon. He
was talking on a telephone with an acquaintance in Des Moines at
the time he was shot by Officer Gillaspie. The telephone was
located immediately inside the north door of the business.
Division of Criminal Investigation Laboratory criminalists
investigated the scene.
Additional and follow-up interviews are anticipated by the DCI
during this week. A full written report by the DCI will be
submitted to the Johnson County Attorney. That is estimated in
approximately three weeks.
-30-
Questions:
SAC Rick Benson
Division of Criminal Investigation
(319) 396-7144
J. Patrick White
Johnson County Attorney
(319) 339-6100
9119196
FAX
IOWA CITY POLICE DEPARTMENT
TO:
FROM:
Bruce Walker
354-6962
Lt. Fort
FAX: 319-356-5448
NOTIFICATION OF ¢OMIILA~IT/llWII~IGAIlON
Nmne ,~f Emptoy~
Jeffrey A. Gillaspie
Officer t03 3-11 Watch ·
~ wdt]ng of tf~ apaoific illegll oc imlxopar i~ alleged agelrmt ~ a~'ib~ecl to
yQ~l.
Furth~rmMa, Department policy provides that you have a right to be advtaed in
wdfi~ of ~e complaint lodged againIt you pri;~ to any ~t~v~wa of
cm~erning the allegetim regardleu of the nature of the allegetim and avlfi If
th~ allegation is,ugh that it will not rasutt in the filing of criminal charge~ m' the
filing of ,aperation charges.
Accordingly. you are hereby advised that the following illegal o~ improper acta
or allegations have been a~tributed to you:
Investigation of the Shaw shooting incident.
08-30-96 23:45 Hrs.
1100 Blk. S. Gilbert St. Iowa City, Ia,
The undersigned hereby acknowledges receipt in writing of the charges or
allegetioa~ againa~ him/her.
WITNESSES
(Signature)
PREPARE IN DUPt. ICATE
Original copy to inv~stigetor'a file.
Copy to employee.
WAIVER OF ¢OUNIB,/R~/gilINTATIONJRIGUIIT TO ~ECURI
¢OUN~EL/RIPRIIINTATION
Nima of Eml~oy#
_Jeffrey A. G~.l].asP:[e
Rank
Officer
3-11 Watch
WAIVER OF C0UNSE'L~EPRESENTATION
I. the Undersigned, hereby acknowledge that I have received and read the
charges/allegations against me and I knowingly and voluntan'ly wish to proceed
with the hearing. examination. interview or interrogotio~ without having
counsel/relxeaentotio~ of my own choosing present to advtla me during ~
hearing, examination ~ interrogation.
Date/Time
(Signature)
[ ] REQUEST TO SECURE LEGAL COUNSEL OR REPRESENTATION
I, the UndetldgndKI, hev~ng been edviled of my'right to counsel of my own
choo~ng at all haitiriga, txaminatio(~ end interrogatio~8 ks conn~on with the
chargeslallogatlofm agab~t me which hav~ ~ given to me in
receipt of which l~ hereby acknowledged elect to somas the
and agree to IXO~ with laid helling, Ixlmksll:ioh or i(ltlfTog~ It
houri· 911 I1~ .' in Raail
· It which time ~l~l' , ex~mdnedon or
interrogat~ d~l be r, emmenc~d. by ~ my ~Ignat~t u~3ort ~
~tatement. I I~ my wi~ to ~ ~ ~ I~ ~ to c~ ~
Oe~ ~a~, e~ml~d~ ~ ~~ ~ ~ ~ ~
af~e~id,
Date/Time
(Si~nat~e)
WITNESSES
PREPARE IN DUPLICATE:
Original copy to investigator's file.
Copy to employee.
~AIR From 4
ADMINISTRATIVE I~10CEIDING
Naf~e ef ~ml~¥ee
Jeff]:ey A, Gillaspic
Rink
o£ficer
Unit of
3-11 Watch
Dll~lm~t IX~icy i.ovR!ee that you be edvt~d of the following:
You have no right to remain liEant in an administ~ative investigation.
You have en obligation to truthfully answer questions put to you. You
are advised that your statements or responses constitute an official
police repo~t.
If you refuse to answer (luesttons put to you, you will be ordered by a
IoNrim' officer to answer the question.
**
If you persist in your refuel after the order has been given to you, you
are advised that such refusal constitutes a violation of the Rules end
Regulations of the Iowa City Police Department and will serve as a basis
for which your discharge will be sought.
You ere further adviaa<l that by law any admission made by you during
the cours~ of this administrative bearing or inter~ew ~nnnot be used
against you i~ a aube~ClUent criminal proceeding.
I, the Umlersigned, do hereby acknowledge that I hav~ been infmmed of the abev~ rlght~
(Signature)
Printed Name of Employee
WITNESSES
PREPARE IN DUPLICATE:
Original copy to i~v~stlgator'a file.
Copy to employee.
Nlmt of Employee
Rink
Unit of A&~gnment
Jeffrey A. Gillaspic Officer #03 3-11 Watch
You are being edv~sd of the following:
1. Any adml~to~ m~de ~ ~ c~ of ~ ldmi~ld~ ~, ~ ~w ~y ~
used ~ ~ ~111 f~ di~i~i~ mea8~ Inc!~l~ d~rgl or ~l~.
You have the right to counsel of your choosing to be present with you to advise you
at this hearing, examination or interview and you may cor~ult with counsel/represen-.
tatio~ as yo~ desire.
e
You have · right to be given a reasonable time to obtain counsel of your own
choosing.
You have no right to remain silent at this administrative proceedings. You have an
obligation to truthfully answer questions put to you. You are advised that your
statements or responses constitute an official police report.
If you refuse to answer Questions put to you, you will be ordered by a superior officer
to answer the quedion.
If you i~rsist in yo~ refusal after the order has been given to you, you are advised
that such refuel cor~[;[utel a violation ~f the flutes and Regulatior~ of the Iowa,C~
Police Department and will serve es I ~ for your discipih~e.
e
Y~u are fixthat edvbed that by law any Idmiseion made by you during the course ~f
this hearing, examinatto~ o~ interview ~3EOt be used against yo~ in a subsequent
criminal Ixoosad:.ng.
I, the Undersigned, do hereby acknowledge that I have been informed of the above rights.
(Signature)
WITNESSES
Printed Name of Employs&
PREPARE IN DUPt. ICATE:
Original copy to investigator's file.
Copy to employee.
lAIR F~ O
Shooting of Mr. Shaw at 1130/1132
08-30-96 23:45 Mrs.
By an Iowa City Police Officer.
Officers Involved:
#03 Gillaspie
#43 Kelsay
#12 Zacharias
S. Gilbert
Iowa City, Ia.
Police Officers who arrived after the fact:
#87 L%. Johnson
#94 Sgt. Jackson
#95 Sgt. Wyss
#82 Sgt. Steffen
#27 Hurd
#09 Prestegard
#36 Llppold
#50 Steva
#05 Cox
#25 Maurer
Fire Personal:
Lt. Bok
!le Deeds
,~ate Hopkins
Ambulance Personal:
Steve Spenler
John Grief (Firefighter
for ICFD)
I.A.I.R. # 96-10
09-05-96
#86 Lt. Sellers & #92 Lt. Fort assigned to the IA investigation.
Short meeting with Chlef Winkelhake and Capt. Harney,
09-06-96
#92 Meeting with Capt. Harney to received the case # and forms.
#92
Called DCI Agent Benson and asked him to ask the DCI lab to
check the weapon to see if the weapon had been altered and
if the trigger pull was within factory limits.
PBX # 319-396-7144
#92 Copied all of the reports in case file.
Case # #96-607479 Inc. # 96047129
Issue: In situations that require action, perception is reality.
If an officer perceives a threat, even where none exists, he will
act on that perception. While his perceptions are, of course,
affected by the characteristics of the situation, they are also
affected by experience, arousal level, and training.
09/09/96
#92 Talked tO Mr. Shaw (Uncle of victim).
Met him at 18:20 Mrs. in Watch Commanders Office.
Asked for family input into the investigation and
asked if Lt. Sellers and I could view the part of the
building where the incident took place.
Gave him my card and home phone %.
**As of 09-29-96 no one from the family has made further
contact with me.
Made copies of parts of the General Orders that may address
this investigation.
n9/10/96 dks. started reviewing use of force policy and general rules and
· gulations. Rules and Regulation manul Section 330 Firearms. Se¢.330.2
Sub. C. use of weapon. Additional Conduct of Investigation Sec.345.06.Issued
December 1,1995.
09/11/96
#92 Got the names of the Amb. crew who were at the scene.
Received a copy of the Amb. crews report.
#92
Got a copy of case # 96607477 inc. 964711B
Fight in Progress call at Lakeside.
Last call Gillispie was on before the shooting.
#92
Talked to DCI Agent Ron DeRooi advised him of what we were
going to do and asked if we should hold off on anything.
He asked me not to interview Officer Gillaspie until
he was finished with him. Me stated he would advise me
when he was done with his final interview.
09/13/96
#92 Received Medical
Put in file.
Examiner Autopsy Report.
9/13/96
#92 & 86
Interviewed the ambulance personal and the ICFD Lt.
in charge of the fire fighters on scene.
This was done on tape.
Chose not to interview the other two firefighters
who were on this call.
Received copies of all the Fire Department records
reference this call.
09/17/96
#92 Memo to Chief of Police about the investigation.
Copy of Memo put in IA file.
Received copy of the radio log and traffic on
the radio from Lt. Johnson.
Received a copy of some of the phone conversations
which were on the same %ape. Received this from Lt.
Johnson.
09/18/96
#92 Made apt. with Officer Kelsay for an interview
09-19-96 at 16:00 Hrs.
on
Left a message on Officer Zacharias's ans.
contacted his mother to have him call me.
Had a short meeting with Officer Zacharias
and set up a time to interview him.
machine and
in my office
Took 2 tapes to word processing
Given to Barb Coffey (Document Services)
09/19/96
#92 & #86
#92 & #86
Interviewed Sgt. Jackson in the AM.
04:00 to 05:00 hrs.
Interviewed Officers Zachariaz and Kelsay in the PM
This was done at ICPD. Internal Investigation
forms were signed by both officers.
15:00 to 18:00 hrs.
09/20/96
#92 The three tapes were taken to word processing.
Given to Barb Coffey (Document Services)
#92 Talked to Bruce Walker (Arty. for Gillaspte). Set
interview time of 09-30-96 at 09:30 Hrs. to talk
to Officer Gillaspie at Walker's office.
Date was at the request of Walker.
Sent a FAX of internal affairs forms to Arty. Walker
up a
9/21/96
#92 Talked to Arty. Walker in my office
He gave me a copy of the statement Officer Gillaspie
gave to the DCI (Agent DeRooi) on 12 Sept. 96
09:00 to 10:00 hrs.
09/22/96
#92 Started putting investigation material into book form.
09/24/96
#92 Picked up tapes and interview reports
for Kelsay and Zacharias
from Barb Coffey
09/25/96
#92 Memo to Chief requesting extra time to finish.
Memo in IA file.-- Extra time not granted by Chief.
As it turned out the extra time was not necessary.
#92 Reviewed material from Barb Coffey.
)/26/96
~92 Talked
Talked
up the
to Lt. Sellers 05:00 Hrs. ref. case.
to Arty. Bruce Walker in an attempt to move
interview date.
Nu~bered book and brought everything up to date.
Received Shooting Scores from Der. Schultz.
Arty. Walker called back and stated he could not
reach Officer Glllaspie.
09/27/96
#92 Went over I.A.I.R. 96-10 reports with Lt.
This was done around 05:00 Mrs.
Sellers
Talked with Police Chief. He asked me
finished by Monday afternoon 09-30-96.
Advised the Chief I saw no problem with
this time.
if we cound be
this deadline at
#92 Picked up the tapes and reports from Barb Coffey.
Lt. Bok ICFD and Spenler from the Amb. service.
Picked up the tape and report from Barb Coffey.
Sgt. Jackson
9/28/96
#92 & #86 Went over the entire case file,
Put in rough draft of our findings.
Put the case file in final order.
This was done around 04:30 hrs.
#92 Gave the entire case file ~o the City Mgr.
review. 11:30 Hrs.
for him to
09/29/96
%92 Received the entire case file back from the City Mgr.
09:45 Hrs.
09/30/96
%92 & 86
Interviewed
09:30 Hrs.
Officer Gillaspie.
This was done on tape.
#92
#92
Took tape to Barb Coffey.
Waited for her to get done with it.
& #86 filled out and signed the findings on all
Officers involved.
cnree
09/30/96
Entire case file turned over to R.J. Winkelhake,
for the City of Iowa City, Iowa.
Chief of Police
TO:
FROM:
SUBJECT:
DATE:
R.J. WINKELHAKE, CHIEF OF POLICE
Lt. R. Fort #92 Day Watch Commander
Lt. D. Sellers 986 Late Night Watch commander
INCIDENT# 96047129 IAIR # 96-10
09-30-96
EMPLOYEE
RANK: Officer Iowa City Police Department
NAME: JEFFREY A. GILLASPIE
BADGE #: 03
UNIT OF ASSIGMMENT: Field Training Officer
SEX: Male
DOB: 02/08/70
DATE OF APPOIR"PMENT: 10/01/93
DUTY STA~3S: Date of Incident-Active Duty
Current time-Administrative leave
NUMBER OF MONTHS IN PRESENT ASSIGNMENT:
EMPLOYEE N~3MBER: 28565
COMPLAINANT:
Investigation into the shooting death of Mr. Shaw
by a Iowa City Police Officer.
Date: 08-30-96 Time: 23:40 Hrs.
Location: 1130/1132 South Gilbert St. Iowa City,
Ia.
VICTIM:
Shaw, Eric Fielding
529 S. Gilbert St.
Iowa City, Ia.
D0B 06/02/65
Taped interviews taken from ~he witnesses and Police Officers
involved. Reports from all involved were reviewed.
SUCTION:
Iowa City Police Officers Glllaspie, Kelsay, & Zacharias were
checking out an open door found by Officer Kelsay.
Eric Shaw was fatally shot by Officer Gillaspie.
FINDINGS:
Allegations:::::=:::::::FOUNDED.
Officer Gillaspie went from situation risk assessment to
· se of deadly force. (Level 1 to Level 5)
his was done without Justification.
16-A
£COMMEN~ATI ONS:
Officer Glllasgie be removed from duty.
DATE INITIATED:
DATE COMPLETED:
ELAPSED TIME:
Received
Assigned
09-30-96
08-30-96
for Internal
j~ Working days
investigation
09-04-96
INVESTIGATORS~
Lt. R. Fort #92
Lt.nD~ellers #86
16-B
TO:
FROM:
Lt.
SUBJECT:
R.J. WINKELHAKE, CHIEF OF POLICE
Lt.
DATE:09-27-96
R. Fort #92 Day Watch Commander
D. Sellers #86 Late Night Watch Commander
INCIDENT# 96047129
IAIR # 96-10
EMPLOYEE:
RANK:
NA~E:
BADGE #: 43
UNIT OF ASSIGNMENT:
SEX: Male
DOB: 01/20/62
Officer Iowa City Police Department
TROY A. KELSAY
Investigations
DATE OF APPOINMENT: 07/29/91
DUTY STATUS: Date of Incident-Active Duty
Current time-Administrative leave
NUMBER OF MONTHS IN PRESENT ASSIGNMENT:
EMPLOYEE NUMBER: 43221
COMPLAINANT:
Investigation into the shooting death of Mr. Shaw
by a Iowa City Police Officer.
Date: 08-30-96 Time: 23:40 Mrs.
Location: 1130/1132 South Gilbert St. Iowa City,
VICTIM:
Shaw, Eric Fielding
529 S. Gilbert St.
Iowa City, Ia.
DOB 06/02/65
Taped interviews taken from the witnesses and Police Officers
involved. Reports from all involved were reviewed.
SUMMATION:
Iowa City Police Officers Gillaspie, Kelsay, & Eacharias were
checking out an open door found by Officer Kelsay.
Eric Shaw was fatally shot by Officer Gillaspie.
We find that Officer Kelsa¥ committed no violations of
Iowa City Police Department Rules, Regulations, or General
Orders.
iNDINGS:
Allegation:::::::::UNFOUNDED.
No violation of Iowa City Police Degartment Rules,
or ~enerel Orders.
No violation of any State or Federal Laws.
Regulations,
DATE INITIATED:
DATE COMPLETED:
ELAPSED TIME:
Received 08-30-96
Assigned for Internal
09-27-96
~ Working days
investigation 09-04-96
INVESTIGATORS:
Lt. R. Fort #92
~1. · ~
~.~lers #86
16-C
TO: R.J.
FROM: L%. R,
Lt. D.
SUBJECT:
DATE:
WINKELHAKE, CHIEF OF POLICE
Fort #92 Day Watch Commander
Sellers #86 Late Night Watch Co~unander
INCIDENT# 96047129 IAIR # 96-10
09-27-96
EMPLOYEE:
RANK: Officer Iowa City Police Department
NAME: DARIN R. ZACHARIAS
BADGE #: 12
UNIT OF ASSIGNMENT: Field Training
SEX: Male
DOB: 10/02/72
DATE OF APPOINMENT: 07/08/96
DUTY STATUS: Date of Incident-Active Duty
Current time-Administrative leave
~ER OF MONTHS IN PRESENT ASSIGNMENT:
EMPLOYEE NUMBER: 99622
COMPLAINANT:
Investigation into the shooting death
by a Iowa City Police Officer.
Date: 08-30-96 Time: 23:40 Rrs.
Location: 1130/1132 South Gilbert St.
VICTIM:
Shaw, Eric Fielding
529 S. Gilbert St.
Iowa City, Ia.
DOB 06/02/65
of Mr. Shaw
Iowa City,
Taped interviews taken from the witnesses and Police
involved. Reports from all involved were reviewed.
Officers
SUMMATION:
Iowa City Police Officers Gillaspie, Kelsay, & Zacharias were
checking out an open door found by Officer Kelsay.
Eric Shaw was fatally shot by Officer Glllaspie.
we find that Officer Zacharias co~nltted no violations of
Iowa City Police Department Rules, Regulations, or General
Orders.
INDINGS:
Allegation::::::::::::UNFOUNDED.
No violation of Iowa City Police Department
or Oeneral Orders.
No violation of any State or Federal Laws.
R%~l es,
Regulations,
DATE INITIATED:
DATE COMPLETED:
ELAPSED TIME:
Received 08-30-96
Assigned for Internal investigation
09-27-96
~_~LWorking days
09-04-96
INVESTIGATORS:
Fort #92
Lt. ellers 986
I.A.I.R. % 96-16
REPORT INDEX
#01
(A)
(B)
#02
(A)
PERSONNEL ORDER 96-35
LIST OF PERSONNEL INVOLVED
REPORTS (Alphabetical ::::::::::::::::::::::::::::::::
#20 OFFICER BATCHELLER (ICPD)
(B) --- LT. BOK
(C) #27 OFFICER HURD
(D) 994 SGT. JACKSON
(E) #87 LT. JOHNSON
(F) #36 OFFICER LIPPOLD
(G) #43 OFFICER KESLAY
(H) --- SPENLER, STEVE
(I) 982 SGTo STEFFEN
(J) #50 OFFICER STEVA
(K) #95 SGTo WYSS
(L) #12 OFFICER ZACF,%RIAS
(ICFD)
(ICPD)
(ICPD)
(ICPD)
(ICPD)
(ICPD)
(JOHNSON COUNTY AMBUL~CE)
(ICPD)
(ICPD)
(ICPD)
(ICPD)
#03 TAPED INTERVIEWS
(A) --- LT. BOK
(B) #03 OFFICER GILLASPIE
I.A.I.R. FORMS
(C) #94 SGT. JACKSON
(D) #43 OFFICER KELSAY
I.A.I.R. FORMS
(E) --- SPENLER, STEVE
(F) #12 OFFICER ZACHARIAS
I.A.I.R. FORMS
(Alphabetical :::::::::::::::::::::::
(ICFD)
(ICPD)
(~CPD)
(ICPD)
(J.C. AMBULANCE)
(ICPD)
#04
(A)
(C)
#05
#06
#07
#08
#09
#10
TRAINING RECORDS
#03 OFFICER GLASSPIE
%46 OFFICER KELSAY
%12 OFFICER ZACHARIAS
(Alphabetical
(ICPD)
(ICPD)
(ICPD
:::::::::::::::::::::::
Received these from 904 Detective Schultz
One of the range officers for ICPD.
903 OFFICER GILLASPIE
#43 OFFICER KELSAY
%12 OFFICER ZACHARIAS
None in file
(ICPD)
(ICPD)
(ICPD)
INTERVIEW OF OFFICER GILLASPIE BY THE DCI::::::::::::::
(Provided by Arty. Bruce Walker on 09-20-96)
TRANSCRIPTIONS OF PBX/RADIO ::::::::::::::::::::::::::
Prepared by Lt. Johnson (ICPD)
WEAPONS ASSIGNED TO OFFICERS OF THE ICPD.::::::::::::::
(List gotten from Capt. Harne¥ by Lt. Johnson)
(List prepared and kept current by Lt. Fort
for Capt. Harney)
RULES, REGULATIONS, & GENERAL ORDERS OF THE ICPD.::::::
Those WHICH WERE IN place on 08-30-96
General Order 92-03 Internal Affairs Investigation
General Order 92-01 Internal Affairs Investigation
State Code 804.8 Use of Force by peace officers
514 Use of Firearms
205 Use of Force
500 Law Enforcement Operations
General Order 95-03 Use of Force
#11 MEMO'S TO THE CHIEF OF POLICE::::::::::::::::::::::::::
#12 LIST OF B & E REPORTS OFFICERS WERE WORKING FROM:::::::
#13 PRESS RELEASES:::::::::::::::::::::::::::::::::::::::::
#14 FAX SENT TO ATTY. BRUCE ::::::::::::::::::::::::::::::
#15
#16
(A)
(C)
LIST OF TIMES & DATES OF WHEN THINGS WERE DONE:::::::::
::::::::::::::::::::::::::::::::::::::::::::::::::::::
OFFICER GIL!~SPIE (ICPD)
OFFICER KELSAY (ICPD)
OFFICER ZACHARIAS (ICPD)
October l, 1996
R. $. Winkelh~ke
Chief of Police
City of Iowa City
410 E. Wa~hiagton Strut
Iowa City, IA $2240
D~r Chief Winkelhake,
I wish to r~sign my position with the Iowa City Police Deparu'nent effective
immediately.
V~'y truly youre,
~3illaspie
CITY OF I0 WH CITY
INFORMATION PACKET
October 18, 1996
October 21 WORK SESSION AGENDA ITEMS
IP1
IP2
IP3
IP4
Memorandum from Finance Director: Wastewater/Water Fees ~)~.
Memorandum from Finance Director to City Manager: Ideas for Changes in the Schedule.Y~
of Wastewater/Water Fee Code of Ordinances
Letter from Dale and Helen Shires to Mayor: Friendship/Shamrock Storm Drainage ,-~
Letter from Dale and Lynette Arens to Mayor: Friendship/Shamrock Storm Drainage
MISCELLANEO'US ITEMS
IP5
IP6
IP7
IP8
IP9
IP10
IP1 1
IP12
IP1 3
IP14
IP1 5
IP16
IP17
Memorandum from City Manager: Riverside Drive - South Corridor
Memorandum from City Manager: City Police Academy
Memorandum from City Manager: Employee Art Fund
Memorandum from Lisa Handsaker and Marian Karr: Council Pictures
Memorandum from Planning
Maintenance
Memorandum from City Clerk:
Memorandum from City Clerk:
Memorandum from City Clerk:
Memorandum from City Clerk:
and Community Development Director:
Publication on Hotel-Motel Taxes for the Arts
Retention of Hard Copy Internet Messages
October 2 Work Session
October 7 Work Session
Memorandum from Airport Manager: Master Plan Implementation
Memorandum from City Manager to Police Chief: Iowa Law Enforcement Academy
Memorandum from Police Chief to City Manager: Emergency Contact Information
Cul-de-sac~_._~
Memorandum from Officer Mebus to Police Chief and Captain Harney: TIPS Training
Information Packet
10/18/96 page 2
IP18 Memorandum from City Manager to ACT area businesses and residents: Update
Highway I Traffic Signal Project in ACT Vicinity and Associated Arterial Street
Extension Issues
IP19 Letter from City Manager to Johnson County Board of Supervisors: Federal Welfare
Reform Legislation
IP20 Letter from City Manager to Thomas Bredeweg, Iowa League of Cities: Federal Welfare,~.,
Reform
IP21 Memorandum from Director Planning and Community Development to City Manager:.~_
Staff Appointment
IP22 Email from Council Member Baker to Johnson County News:
(Responses also included)
IP23
IP24
IP25
IP26
IP27
IP28
IP29
Shaw Shooting~
REAP City Parks andS(
Letter from State of Iowa DNR to Parks and Recreation Director:
Open Space Grant
Letter from Assistant Director Planning and Community Development to Julie Furmeister:~---~,
Concerns about Traffic on West Side Drive
Iowa Department of Human Services Income Limit Table
Agenda of Downtown Strategy Committee October 24 Meeting
Agenda of Johnson County Board of Supervisors October 15 Informal Meeting
Agenda of Johnson County Board of Supervisors October 17 Formal Meeting
Memorandum from City Manager to City Council and Library Board: Joint Meeting
Wednesday, October 30 (separate document- Councilonly)
Copies of Articles regarding Shaw shooting incident, and the resignation
of a Human Rights Commissioner.
Memo from City Engr. regarding Friendship/Shamrock Creek Improvements.
Agenda of the ]0/22 meeting of the Board of Supervisors.
Memo from Jeff McClure to Rick Fosse regarding Friendship Street/Shamrock
Drive Creek Channel Improvement Project.
"Slamming the Door" article on subsidized housing units distributed by
Dee Norton.
Jessica Kardon letter regarding Shaw shooting incident.
Comparison of Current monthly sewer & water charges, average residential
users - - sample Iowa cities. Revised 10/96.
Copy of a policy proposal to adopt a Police Citizen's Review Board.
Memo from City Mgr. regarding Cedar Rapids - Sales Tax Update.
Information Packet
10/18/96
page 3 .
Memo from City Mgr. regarding low-income discount, and pre-design meeting -
First Ave. - Bradford to Muscatine.
Memo from Library Director regarding Library Building Tour.
Letter from City Mgr. to Mary Sue Coleman, University President regardin Welfare
Reform.
Letter to Police Dept. from Concern for Women regarding appreciation & support.._~4/~
Letter from University of Iowa to Police Dept. regarding appreciation for ~,
contribution to the Sesquicentennial event.
Claim for Damages, Death of Eric Shaw. ~)~
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 16, 1996
City Council and City Manager
Don Yucuis, Finance Director
Wastewater/Water Fees
You have asked that I review with you the current policy that is in place regarding how
Wastewater/Water Fees are calculated. The current policy in place is to accumulate 20% of the
estimated project costs in cash which will then be used to pay for the projects as they occur, and
therefore reduce the amount of bonds to be issued. Using this assumption, wastewater fees need
to generate an additional $7.5 million by Fiscal Year (FY) 2000. Water fees need to accumulate
approximately $10.7 million by FY 2001. Any rate increase also needs to pay for any new debt
service on bonds issued for projects that are currently in progress. This includes the $18.3 million
sewer revenue bond issue dated March, 1996 and the $6.1 million (water) General Obligation
Bond Issue date March, 1996.
This policy can best be reflected in showing the cash balances for each fund at July 1, 1995
compared to projected cash balances at June 30, 1997,
Cash balance at July 1, 1995
Estimated ending balance July 1, 1997
Increase in cash balance
Wastewater Fund
$3,182,71 6
$5,725,365
$2,542,649
Water Fund
$2,393,296
$3,49O,522
$1,097,226
Attached you will find the most recent calculation of what rates need to be to comply with the 20%
cash accumulation policy. These rates reflect the actual debt service on the bonds that were
issued in March of 1996.
Question:
Do you want to continue the current policy of accumulating 20% of the project cost to pay cash
for part of the projects? If you do want to change the policy what would you like the policy on
rates to be?
[m~o~/10 3 5.wp5
WASTEWATER PROJECTS - PHASE IN,
OPTIONS: NO CASH OR ACCUMULATE 20% CASH BY THE YEAR 2000
AFTER ~18.3 MILLION
BOND SALE- 20% CASH
iN 2000 NO CASH
Monthly Monthly
Estimated Residential Estimated Residential
Annual Rate Cost for Annual Cost for
Flacal Year Adjust Wastewater Rate Adjust Wastewater
FY 1995 35% 18~90 35% 18.90
FY 1996 15% 21.74 15% 21.74
FY 1997 10% 23.91 5% 22.83
FY 1998 10% 26.30 5% 23.97
FY 1999 8% 28.40 5% 25.17
FY 2000 5% 29.82 5% 26.43
FY 2001 -10% 26.84 0% 28.43
FY 2002 ! 0% 26.84 5% 27.75
FY 2003 0% 26.84 0% 27.75
FY 2004 0% 26.84 5% 29.14
FY 2005 5% 28.18 0% 29.14
FY 2006 0% 28.18 5% 30.60
Sample
Options-
Large User
Average Average
Commercial Monthly Cost Monthly Cost
FY 1995 35% ,5,828 35% 5,828
FY 1996 15% 6,702 15% 6,702
FY 1997 10% 7,372 5% 7,037
FY 1998 10% 8,109 5% 7,389
FY 1999 8% 8,758 5% 7,758
FY 2000 5% 9,196 5% 8,146
FY 2001 -10% 8,276 0% 8,146
FY 2002 0% 8.276 5% 8,553
FY 2003 0% 8,276 0% 8,553
FY 2004 0% 8,276 5% 8,981
FY 2005 6% 8,690 0% 8,981
FY 2006 0% 8,690 5% 9,430
Industrial
FY 1995 35% 26,000 35% 26,000
FY 1996 15% 29,900 15% 29,900
FY 1997 10% 32,890 6% 31,395
FY 1998 10% 36,179 5% 32,966
FY 1999 8% 39,073 5% 34,613
FY 2000 5% 41,027 5% 36,344
FY 2001 -10% 36,924 0% 36,344
FY 2002 0% 36,924 5% 38,161
FY 2003 0% 36,924 0% 38,161
FY 2004 0% 36,924 5% 40,069
FY 2005 5% 38.770 0% 40,069
FY 2006 0% 38,770 5% 42,072
C:tWATSEWt SEWR~$6.XLS[ SEW RAT CAMP N0V 10/17/~6
WATER FUND - IMPACT TO USERS BASED ON
CURRENT 20% CASH ACCUMULATION POLICY AND NO CASH/ALL BONDS TO
FINANCE PROJECTS
CURRENT POLICY NO CASH
20% CASH ALL BONDS
Average Average
Rates Monthly APRIL 1996 - Monthly
estimates at Residential Estimated Residential
October Cost for Annual Rate Cost for
Flecal Year 1996 Water Adjust Water
FY 1995 40% 14.98 40% 14.98
FY 1996 30% 19.47 30% 19.47
FY 1997 22% 23.75 15% 22.39
FY 1998 20% 28.50 15% 25.75
FY 1999 20% 34.20 15% 29.61
FY 2000 15% 39.33 12% 33.16
FY 2001 15% 45.23 10% 36.48
FY 2002 -10% 40.71 10% 40.13
FY 2003 -5% 38.67 5% 42.14
FY 2004 0% 38.67 5% 44.25
FY 2005 0% 38.67 -10% 39.83
FY 2006 0% 38.67 0% 39.83
Sample
Options-Large
User
Average -- Average
Monthly Monthly
Commercial Cost for Cost for
FY 1995 40% 3,150 40% 3,150
FY 1998 30% 4,095 30% 4,095
FY 1997 22% 4,996 15% 4,709
FY 1998 20% 5,995 15% 5,415
FY 1999 20% 7,194 15% 6,227
FY 2000 15% 8,273 12% 6,974
FY 2001 15% 9,514 10% 7,671
FY 2002 -10% 8,563 10% 8,438
FY 2003 -5% 8,135 5% 8,860
FY 2004 0% 8,135 5% 9,303
FY 2005 0% 8,135 -10% 8,373
FY 2006 0% 8,135 0% 8,373
Industrial
FY 1995 40% 16,800 40% 16,800
FY 1996 30% 21,840 30% 21,840
FY 1997 22% 26,645 15% 25,116
FY 1998 20% 31,974 15% 28,883
FY 1999 20% 38,369 15% 33,215
FY 2000 15% 44,124 12% 37,201
FY 2001 15% 50,743 10% 40,921
FY 2002 -10% 45,669 10% 45,013
FY 2003 -5% 43,386 5% 47,264
FY 2004 0% 43,386 5% 49,627
FY 2005 0% 43,386 -10% 44,664
FY 2006 0% 43,386 0% 44,664
C:~WATSEW't WATRg~.XLSI APR~6 RAT OPT NOCASH 101t7R6
City of Iowa City
MEMORANDUM
Date: October 18, 1996
To:
From:
Re:
Stephen Atkins, City Manager
Don Yucuis, Finance Director ~
Ideas for Changes in the Schedule~f Wastewater/Water Fee Code of Ordinances.
I met with other City staff members to discuss options available when calculating and projecting the
March 1, 1997, rate increases for Wastewater/Water fees. Below are some ideas that staff came up
with:
Reduce the minimum usage from 200 cubic feet to 100 cubic feet. Reduce the minimum
charge by half for all meter sizes. Try to maintain the minimum charge at the new reduced
level per 100 cubic feet or increase the minimum charge at a lower percentage increase than
in the overall increase in the fee charged past the minimum. We did an increase of this nature
in Mamh 1995 when we increased the minimum charge 24% and increased additional usage
fees by 40%.
2. Eliminate or alter the following fees related to various services:
Eliminate $3.00 delinquent water service account fee, estimated annual receipts are
approximately $10,300.
Eliminate $30.00 inspection and removal fee for disconnecting and removing a single-
purpose water meter--minimal revenue.
Eliminate the $20.00 fee for resetting or reading water meter or for restarting service
on all accounts in lieu of minimum fee. (Currently $49,000.}
Alter or change certain deposit fees for combined City water and/or sanitary sewer and/or solid
waste collection accounts.
Reduce residential tenant account deposit from $100.00 to $80.00.
Eliminate residential account deposit fee of $75.00. Any collection can be done
through the lien process and the delinquent deposit fee section of the Code.
Eliminate deposit fee for solid waste collection only accounts of $50.00.
If there are problems with accounts, the City already has in place a delinquency
deposit fee that is equal to an average two-month billing for a delinquent account. This
is put into place when an account is late in paying at least three times in a twelve-
month period. The deposit is then held until twelve consecutive months of payments
are made on time.
Staff and I will be happy to discuss any and all options at the October 21, 1996 informal meeting with
you. Please call me at 356-5052 if you have any other questions.
Helen and Dale Shires
3229 Friendship St.
Iowa City, IA 52245
319-338-0921
October 22, 1996
Dear Mayor Novick:
Although I hope to be at the City Council meeting Monday night when you
consider the Friendship/Shamrock ditch problem, I express my concerns better in writing.
We neighbors may ask for the "right" work by the City this time (compared to the partial
project of about a dozen years ago), but I believe the most expensive alternative, a buried
tube, is not the right alternative.
Such a tube is not problem-free. We see cave-ins beside such tubes; the inlets for
local surface drainage either have openings large enough to be a danger for tots and toys or
small enough to become blocked with trash causing localized flooding; and the concept
assumes an affordable design that can handle whatever the future brings. Further, it
removes all aesthetics of the creek.
Many of us chose our Iols seeing the open creek as an advantage even though we
expected occasional flooding. While the newer developments above us and the added
plug-prone grate below have increased problems, appropriate measures with an open ditch
can provide adequate flood protection.
Just as the expensive buried tube would require an easement, an easement of 10' or
15' along each side of the rear property line first to clean and align the ditch also could be
written to eliminate compost piles and the planting of trees and shrubs near the ditch. For
years the neighborhood has awaited "impending" City action, and neglect allows dead
branches and trees to fall into the creek which, in turn, plug the outlet grate. With no
overhanging trees, annual reminders in the neighborhood newsletter and a "neighborhood
watch" should keep trash from plugging the grate. Stabil/zing the lower portion of the
channel with a half-tube or rock baskets would help maintain design capacity. Sloping
banks with vegetation would add capacity while maintaining some naturalhess.
Please give serious consideration to this moderate-cost approach which should
greatly reduce flood risk while maintaining the open atmosphere.
Sincerely,
Dale Shires
October 13, 1996
To: Naomi Novick
306 Mullin Avenue
Iowa City, Iowa 52246
From: Dale & Lynette Areas
3222 Shamrock Drive
Iowa City, Iowa 52245
Re: Shamrock Drive Creek
Recently I received a letter referring to the ongoing decision making proems of"should we or should not
we" fix the creek on Shamrock Drive. The leuer suggested that we contact you to express our feelings so
that they could then be articulated at the upcoming megting. I would be remiss if I did not state that i am
somewhat concerned about how the decision making process is distracting us all fi'om the real issue. I am
aware that one particular property owner has had Karen Kubby out to our neighborhood to view thc
project. The primary purpose of this letter is to offer insight to the problem, from file perspegtivc of a
property owner who Ls directly affexted by the ravag~ of this creek. I would also like to invite you to
come out to our home and view the problem yourself prior to the meeting on October 21. Additionally, I
would like to remind thc council and thc city engineers ofthe reasons we are cven discussing this creek
project.
Some borine background: We have owned our home now for just over eight years. Ours is the only
property on Shamrock that is bordered on two sides by creek, because of this we have the unique
perspective of obaerving the creek at it's end point before going underground. We are the ones who
routinely call Bud Stockman's office to have someone come out and romovc debris fi'om the grate
protecting the underground opening. Let it be said that they have always responded well when I call. We
have two children ages 5 & 9 who are never allowed to play in the creek nor near it when it has recently
rained, for fear of their well-being.
Observations from the "enasl": When we bought our home eight years ago, it was hard to recognize
that a creek even existed on our property. The creek was densely ovgrgrown with weeds and volunteer
trees, something that I quickly cleaned up and now try to maintain. We did much landscaping and some
plantings. We made plans to add other plantings, a small garden and to build a small storage shed.
Back then rains brought additional water flow, heavy rains brought some upstream debris, but never did
the creek leave it's banks on our properly. The creek did appear to overflow occasionally onto both
neighbors directly to the east and the two neighbors to the north and northeast. Any floodting was
relegated to especially heavy rains.
Recent years correlating with the developments east of Petersen and north of Court sweets brought
noticeable and very troublesme results.
* Now any rain causes the ereek to quickly fill und a hard rain eauses it to spill it,s banks within
minutes. To give you some perspective on the extent to which this problem has grown in recent
years let me share the following observation. During the record rains on 1993 we had fewer problems
with water flowing across oar property than last year and this year. The problem is clearly getting
worse.
* Erosion is huge. We have lost about two feet of our yard in some places within the past five years. I
have personally stood on my deck and watched large chunks creek bank fiall into the current. During
one particular heavy rain this past spring while I was helping one of the city workers clear the
plugged culvert, I wimessed a 20 foot section of the bank slide into the charmel. Additionally, 1 am
often asking unsupervised children to stop pulling rocks Erom the ombankment and throwing them
into the ercck. I carmot imagine how many rocks I have retrinved from the main ~anncl, or how
many "child ennst~ucted" dams I have dismantled.
The croak brings with it peripheral problems that cannot be overlooked. Some ofthes~ probl~ns actually
make the flonding worse, others arc problems that we thankfully have not yet had to deal with.
Particularly disturbing to me is that beamuse of where our property is located (end of the linc), I witness
the fo]lowing problems firsthand and I know they are not coming from my immediate neighbors to the
upstrento ~st.
· The yard waste and other debris that floats downstream and bccome$ caught in the culvert opening
causing it to plug. TMs happens regardicss of the amount ofraln we r~ccivc, and v/aen the culvert is
eyre partially plugged, the flooding is even worse. I have seen just about everything you can imagine
stuck in the grate, plugging the culvert opening. For instance, yard clippings, txce branchea, fire
wood, bottles, cans, toys, n~vspapers, need I go on? It was suggested that the grate that covers the
culvert con,butts to the problem by "catching" all the debris that floats down stream. This is true,
bul it also helps deter children from entering the underground cuiverL On henry rains this refuse
oRm is lef~ stranded ou my property for mc to clean up. I personally realiy Strllggle with this whole
issue Ix~aus¢ I lmow where the division on this whole creek improvement project is occurring. It's
the "apstrcam versus the downstxenm," however the "downstreamers" are ones who arc Ix~ng fiood~xl.
Ouec, s where the waste and debris that plugs the culvert is coming from.
Weeds! The cre~k widens substantially on our proper~ and is very high maintenance. Spraying for
v, xa:~s in the cree. k is taboo because of it being a waterway. The alternative is using a pov~rcd weed
lylmmer, hov~ver the ~ v~xa~d$ thcla pose a problem in regard to becoming callghl oll the grate that
coves the culvert. Bagging these weeds would cost a fortune with the city mandat~ bags.
· We are unable to further improve our property. As previously mentioned, we have plans to landscape
and make plantings, however the erosion and flooding make it impossible to do cithex. We arc
enjoying l~ss of our prolx:n'y than we used to because it is eroding downs~am or underwater more
than ever before.
~' The soli saturatJon is very high n~ar our hous¢. Our sump pump rans every 3-4 minutes all y~tr long.
Five y~xs ago the switch on this pump became stuck and burned out the too{or causing the pump to
quit working. The result was a floo<led basement costing nearly $7000 in damage. We have since
added a backup sump sy~'tem and purchased a gas powered generater should there be a power outage.
I am convinc~l that soil would be le~s saturated if the channel were tiled completely.
· The current situation is dangerous to children. This is the problem that I referred to earlier by saying
that we have thankfully not had to deal with yet. Hopefully wc n~ver willl But just because
something has no{ yc~ happened does not mean it never will. I am no{ "crying wolf' on this issue,
the current can be cxlremcly s~rifi and turbulent during and ai~er heavy rains. In the spring of the
yoar when the problem is at it's worst, there is a serious unsupervised children problem. I have asked
dozens of childrein to leave the creek for fear of their safety. I have had to ask childr~m to leave whom
I recognized, the children are coming from some-place upstream. I suspecI the apartments on
Peterson or Shamrock Place apartments where there are lots of children. It do~ not really matler
where they arc coming from, what does matter is that they are there and they arc in harms way
without even knowing it. The current widens and deepens dramatically on our prowtry before
crashing against the culvert opening. There is no way a txagedy could be averted should any child fall
in this creek when it is flowing full. W~nosc liability is it should this happen?
CIosine thoul~hts: Soon it will have been two years since we received our first letter from JeffMcClure
regarding this project. During the time that has expired since then, the problem has only worsened. I am
ofthc opinion that JeffMcClure and Rick Fox and any others who worked on evaluating this project have
done their job very well. They are obviously u'ained and experienced in identifying problems and solving
them. There is no question that a problem exists and that problem is worsening. Do not ignore the
problem, it will not go away.
A couple of weeks ago I saw Ms. Kubby on the local cable channel speaking on this topic. She made
rcfcrcncc to the fact that she had visit~ the site and had conversations with the Randalis regarding the
problurt. I only caught a bit ofthc discussion, however thorc was a rcfer~cc made in cffcct that there is,
"Lot's of dsmagc that would be done in fixing this problem." And, "Some have the fals~ impr~sion that
fixing the crock would rcsult in their back yards always re:naining dry." I may have caught this wrong
bccanse it was in passing that I heard it, hov,~ver if thcs~ parapkras~ statemonts are in csscnce true, th~n
I am ~:cially lyonbled by how the probiota is being repro:ed. I would submit that neither the
RandalIs or Ms. Kubby have little ifuny perspective as to whal "damage" is corr~tiy being done when it
rains. After all they ar~ "high & dry" and there is no probi~n with the creek from their vantage point. As
for the comment r~arding the false impression that the backyards would remain dry. That is simply not
true. JeffMcClure made it clear that this was no cure-all for rainfall. Hc did however, when askel
directly what in his opinion was the ~ solution to the identified flooding problem, answ~, "Putting it
underground."
Those of us who have prop~y near the ond of this creek would clearly have to sucrificc the mos'~
rcgardi~s of what action Is taken or not t~ken. If yon viow the ~..s~nm~s that the ~ginccrs are
suggesting, I have NO yard that Is no~ aff~ctel. Fur,.hcrmore, access to the projca has to come from my
prowtry. Forgive me, but I am in not interestel in hearing whining aboLl! losing some ~ccs and shrubs
when I will lose gvervthin£ in our backy~d and the side yard, and the mc ofit as well. Tr~s and shrubs
arc, aRer all, ren~v~bie resources that can and will grow again. If nothing is done to solve the probitre,
wc will revisit this issue ov~ and over again. It is not going to go away.
I think it is ffmc that you profcssionally and logically deal with this issue. Much of the work has already
b~n done. The problem has Ix=a identified by the engineos. Solutions have tx~m presented by the
engines. Now it is up to the council to exercise leadership. The notion that a vote of the property
owners would reach ~ was coveardiy and ill conceived. It should surprise no one that w~ arc
probably divided almost entirely by geography. Why should anyone who Is unaffected by floodling vote to
have it fixed? Why would s~ncune who has lots of problems with flooding vote against having it fixel?
I would encourage yo~ to look at the defined probitre, w~igh the eagimxrs' solutions, and make a decision
Kathy Leaven
John Erickson
Frank & Dolores Burns
JeffMcClure
3213 Friendship Street
3228 Shamrock Drive
3304 Shamrock Drive
Iowa City Engineering Dcpar~cnt
City of Iowa City
MEMORANDUM
Date: October 16, 1996
To: City Council
From: City Manager
Re: Riverside Drive -- South Corddot
On August 29, I met with Bob and Erma Wolf and others to discuss the Wolfs' proposal to lease
a small portion of Mesquakie Park for a sewage package plant. This plant was to serve the
Wolfs' new manufactured housing park south of the airport. Our position in talking with the Wolfs
was that the park should be in the City since it is an urban density development and the sewage
treatment facility should be owned and operated by the City. The Wolfs are not adverse to
annexation at some time but maintain their desire to own and operate the package plant to keep
the costs down for their tenants.
Our conversation turned to the issues I raised in a memorandum sent to you previously about the
South Corridor. These issues concern the overall development plan we, the City, wish to see in
this area, both within the current corporate limits and in our growth area. The proper land uses,
the potential for industrial development opportunities, compatibility of the housing park with the
airport and future industrial uses, and the appearance of the corridor (Riverside Drive) as an entry
to Iowa City, all came up in our discussion. We agreed that the Wolfs and the City have mutual
concerns related to ;[hese issues since the success of the Wolfs' park may depend upon the
desirability of the area.
We resolved to look into some short and long-term planning in this area, to determine the
priorities this area has for the City, in what time frame we might extend municipal sewer across
the river, what benefit sewering this area could have for industrial and commercial opportunities
Riverside Drive -- South Corridor
October 16, 1996
Page 2
here, and how the provision of municipal service might act as a catalyst to cleaning up this
entryway. Steps we might take would be tied to obligations on the part of the Wolfs to annex
their property and eventually connect to the municipal sewer. At some point, our efforts and their
obligations would be set forth in an agreement. The Wolfs stated their intention to open their park
and serve approximately 200 units on a package system they will construct on site, in the mean
time. This system should accommodate them for 11~ to two years.
Subsequent to my meeting with the Wolfs, two events occurred. The Wolfs called to say they
were not interested in an agreement that would rely on annexation and connection to the munici-
pal system, citing the rates their tenants would then need to pay for sewer and water as a
concern. At the Council's CIP work session, construction of the Willow Creek Interceptor was
moved from beyond 2002 to FY98. If this project goes forward, planning for this area will need
to be accelerated regardless of the Wolfs' decision. Adoption of the Airport Master Plan and
changes associated with the plan also draw attention to this area.
I have directed the Planning staff to make this area a priority in their long-range planning work.
A district plan similar to the South District Plan will be completed over the next two years. This
plan will address land uses, infrastructure, and the aesthetics of the South Corridor. Some
outside assistance may be used to develop a design plan for the Riverside Drive Corridor to
Highway 1 and 6. This plan will be coordinated with our efforts to market the seven acre parcel
(the current Public Works site) at the corner of Riverside Drive and Highways 1 and 6. The
Council will be apprised of our planning effort as it progresses.
Irn~lf 016 ,~p5
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 18, 1996
City Council
City Manager
Citizen's Police Academy
At their most recent Wednesday session, our Citizen's Police Academy participants were ex-
plained the issues associated with driving under the influence. They were asked to bring their
own alcohol; that is, those who chose to participate; and each was provided a "baby-sitter." The
purpose was to show them the effect of alcohol, the use of the breathalyzer, and other issues
associated with driving under the influence. The issues of driving under the influence are part of
the academy curriculum.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
City Manager
October 18, 1996
Employee Art Fund
Several months ago, Cathy Eisenhofer spoke with me about creating a City art
collection. The collection is funded by proceeds from the City employee break
room vending machine. A committee was formed to handle the project,
comprised of Cathy, Lisa Handsaker, and Pam Sinnott.
The Art Committee worked with Mary Lea Kruse of Artists Concepts, Ltd.
Ms. Kruse donated her time to assist the Committee with selection of pieces and
proper display. I think you will be pleased when you see the initial prints
purchased- they represent City Plaza, and are created by a local artist.
Another project paid for by the City Employee Art Fund was framing of Iowa City
historical pictures which were discovered in a Planning and Community
Development storage area. They are displayed in the Treasury Customer
Service waiting area.
cc:
Cathy Eisenhofer
Pam Sinnott
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
Lisa Handsaker and Marian Karr
October 18, 1996
Council Pictures
You may be aware of our intention to increase and improve public relations. A
good quality group Council photograph could be very useful. The current group
Council photograph is a bit dark for black and white reproduction and does not
show each Council Member clearly. For those reasons, we are requesting a new
photo be taken. Due to scheduling difficulties, we are unable to take the picture
at 12:30 p.m., Monday, October 21; therefore, the shoot is scheduled prior to the
formal council meeting Tuesday, October 22, at 6:45 p.m. Please meet in the
City Manager's Conference Room.
This year we are also revising the format of the Annual Report in order to make it
more citizen-friendly. Action photos of each Council Member "in the field" would
be interesting to include. Please think of what activity best represents your
interests as a Council Member-examples would be speaking to a group,
performing volunteer work, or talking with constituents. Jerry Nixon will be
contacting each of you to arrange a time he can shoot the photographs.
Thank you for helping us out with this.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 16, 1996
city Oo.nc,
Karin Franklin, Director, P
Cul-de-sac Maintenance
At a recent Council meeting the question arose as to who was responsible for the maintenance
of cul-de-sacs and medians. On arterial streets the City is responsible for maintaining any
medians. On collector or local streets the responsibility for maintenance of either medians or cul-
de-sacs rests with adjacent property owners.
The two specific areas in question at the Council meeting were the median on Walden Road and
the cul-de-sac within the Hunter's Run subdivision. Both of these specific areas are the
responsibility of adjacent property owners. The legal papers for the Hunter's Run subdivision
include covenants on the lots surrounding the cul-de-sac which requlre that the property owners
of these lots be responsible for care of the cul-de-sac.
Cul-de-sacs clearly provide a very localized benefit and are appropriately maintained by
neighboring property owners. If medians are considered desirable on collectors for the
community good, it may be more appropriate for the public (the City) to take on the responsibility
of maintenance. Such a move would have implications for the operations budget.
We will continue with the maintenance practice cited in the first paragraph, unless the Council
directs otherwise.
cc: City Manager
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 17, 1996
Mayor and City Council
Marian K. Karr, City Clerk\(~-
Publication on Hotel-Motel Taxes for the Arts
Council Member Norton requested a copy of the funding pamphlet entitled
'Hotel-Motel Taxes for the Arts". The report was done by AMS Planning
and Research for the National Assembly of Local Arts Agencies' (NALAA)
Institute for Community Development and the Arts. A copy of the pamphlet
is attached.
· m mm m m m mm m mm
Hotel-lqorel Taxes for the Arts
Writ en by AMS Plann,ng and Reseat, oh
Edited by Ra.~dy Cohen
Introduction The use of hotel:motel taxes to
fund cultural programs ~nd
facilities in the United States is
now widespread and consid-
ered'a popular form by which
to dedicate tax dollars to the arts. At the same time,
there are tremendous differences in the ways these taxes
have been established, the level of taxation allocated to
the arts and the purposes for which funds are disbursed.
This pamphlet will examine the emergence of the hotel-
motel tax with a general overview and then a series of
case studies from around the country. Each o[ these
cases is unique, yet there are common themes and
experiences which provide insights and direction to
agencies and municipalities now considering the hotel-
motel tax as a funding source for cultural development.
Background The hotel-motel tax has
emerged over the last 15 y~ears
as a means to finance activities
which encourage tourists and
visitors. With the phenomenal
growth of tourism in the 1980s and the declining fiscal
situation in many cities, leadershi? has sought new
means by which to pro'mote and develop their tourist
industries without placing an additional burden on
residents. American and foreign visitors are now
spending close to $450 billion a year in the United
States, while at the same time the federal contr,bunons
to cities and counties has dropped by more than two
thirds since 1980. Not surprisingly then, state and local
governments around the country have created and/or
raised taxes on meals, rental cars, alcoholic beverages
and hotel-motel rooms.
The hotel-motel tax is c~nsidered the major generator
of tourism taxes. ^ 1992 su~'¢y shows that 42 states
have a local option accommodation tax, meaning that
municipalities and/or countie~ in those states can elect
to add z hotel tax. The local tax is usually collet:ted and
disbursed by that jurisdiction. In a 1991 survey by the
National Conference of State Legislatures. the hotel tax
in 25 cities ranged frbm a low of six percent in Sioux
Falls, S.D., to a high of 19.25 percent in New York
City, anl:l averaged 11.1 percent (these include state
Hotel-motel taxes, together with other tourism taxes,.
have historically been used for a broad range of services
and activ. tries - from operating support for visitors'
bureaus to funding for summer concerts and fireworks
displays. More recently, they have been established as
economic development tools to build tourism infra-
.struqture. This might include convention centers,
sports stadiums and cultural facilities.
For the' arts, hotel tax funding can be dedicated t.o a
specific facility, re-granting programs or events with
some relation to local tourism. Funds can be forwarded. ·
to a local arts agency or paid directly to arts presenters/
~roducers by a local commission which manages fund
distribution. In addiuon, the level of funding can be
fixed b'y.statute or be left at the discretion of the taxing
~ody. With these profqund differences, u is best to
consider specific examples.
Greater Miami
Dade County,
Florida
A two percent bed tax was
established in 1978 by state
enabling legislation, local
referendum and county
ordinance. By m'dinance,
20 percent of the annual proceeds from the tax are
dedicated to the Dade County Cultural Affairs Council.
Another 60 percent goes to the county-wide convention
and visitors bureau, with the balance to the City of
Miami f9r renovations to the Orange Bowl.
Funds are delivered to the Cultural Affairs Council
to support a full-range of cultural activities. Bed tax
revenues to the Council ~n 1995 will total $1 5 million.
roughly 35 percent of their annual budget. The 1995
amount is down from a high of $1.88 million received
in 1993, before which fund~ had increased every year
since the ~nception of the tax. Funds used to support
the Co6ncil's annual administration.and operations are
disbursed as part of the Council's $2.5 million ~n grants
to nonprofit cultural organizations and individual
artists. There are more than 70Q individuals and
organizations who apply annually to the Council's
competitive grants programs; on average, 350 apph-
cants are awarded grants.
The Council has successfully managed the administra-
tion of this signifi.cant funding inittar, ire on behalf of
the county. earning praise and support from county
and community leaders. In fact, the local arts commu-
nity was actively involved in advocating for the 20
percent dedicated allocation of the bed tax. The
Council has also developed a strong relationship w~th
the local sourism industr~y. They have worked
together to secure this funding stream and pursue other
dedicated revenues. and to butld numerous programs
and services which link culture and tourism m Dade
County. Representatives from the Cultural Affairs
Council and the Convention and Visitors Bureau s~t on
each others' committees and boards. Currently, these
two groups have ironed'with economic development
interests in Dade County to pursue the establishment
of a food and beverage tax. Th~s will provsde an
additional dedicated source of funding.for the county's
cultural acuvlties, tourism advertssing and promotion.
and economic development inittatlves in underserved
communities.
Finally, the county has committed proceeds from the
Convention Developme.he Tax (an additional three
percent bed tax) to plan, develop, and construct the
new Performing Arts Center in downtown Miami.
This revenue is anticipated to yield $140 million in
bond proceeds. '
San Diego, For many years, San Diego has
C~11fornla t . had a Transient Occupancy
Tax. Starting in the 1980s, a
portion of that tax revenue was
allocated to the City of San
Diego Commission for Am and Culture for re-granting
to local am and cultural programs. In 1988, in
conjunct!on with the increase of the tax to nine
per.cent, the Arts Commission convinced the city
council.that the arts should receive a more substantial
portion of the tax revenue. From 1988 to 1993. annual
allocations ranged from $4;500,000 to
In 1994, ~ a result of an intensive lobbying effort .and
an extended ~egotiation, the Arts Commission was able
to secure a one cent dedication of the tax, ~'hich was
concurrently increased to 10..5 percent. This amend-
ment has recently been enacted and will likely result
in a 10 percent increase in local arts funding. The 1995
allocation i's budgeted at $5,600,000.
The Arts Commission splits funding into four pots:
one per. cent is a public art fund, which is in addlti9n to
capital improvement projects funded elsewhere; two
percent goes to neighborhood arts programs; seven
percent goes to administration of ~he programs; and the
remaining 90 perce~t is re-granted to local arts organi-
zations as organizational support ($5 million in 1995).
There were 90 applicants for these funds in 199.5'; 84
will receive some support.
Accorditlg to the Arts Commission, the key to getting
the i'ncrease and the dedicated income stream from
the occupancy tax was a strong relationship with the
Convention and Tourist Bureau. They made a number
of joint presentations to the city council and have
maintained a close relationship. The Commission alsot
maintains a standing committee on cultural tourism.
Stamford, the In Connecticut, there is a state-
Co~stal Fairfield . wide bed tax of 12 percent,
' Colmty Tourism
Agency and the proceeds of which are paid to
State of the state. Up until 1994, a
Connecticut share of these tax revenues was
paid back to 19 tourism
districts, made up of area communities participating
on a voluntary basis. In 1994, the state completec~ a re-
structuring of its tourism industry, placing all commu- ·
nities into 11 tourism districts and determining that 4.,5
cents of the 12 cent tax collected in each district would
be returned to that area's t~urism office and to
programs and facilities of p~rticular importance to
regional tourism.
The Coastal Fairfield County Tourism Agency receives
almost $1 million annually for the development and
execution of a regional marketing plan. While none of
these funds are invested in arts programs and fatalities.
the state pays another sum directly to the Stamford
Center for the Arts, which is deemed to be one o! the
state's major tourist destinations.
Annual lunding for the Stamford Center for the Arts
has ranged from S950,000 to $1,050,000 over the last
several years. The amount of funding is ued directly to
the amount of tax collected from hotels in the district.
Payments are made b3 the state each month. Thus,
budgeting this income stream is a challenge for the
Center. Their solution is to run ~/n annual statistical
analysis which projects tax revenues based on potential
hotel viutations, economic trends and past experience.
Colutnbtls,
Ohio
The City of Columbus began
· arts funding in 1973 through
the (~reater Columbus Arts '
Council (GCAC). In 1978,
· the source of these funds was
, changed from general funds to hotel-motel tax funds.
In 1982, the city revised its tax code to increase the
municipal room tax and dedicate a 20 percent portion
to the GCAC and its grants program. These<hanges
were the result of an intensive advocacy effort under-
taken by the GCAC and its member organizations.
In 1985, the allocation to the arts was increased to 25
.percent and the total tax increased from four to six
percent. Fundin~ for the arts has thus continued to rise
since the beginn~ing of the program. The 1982 alloc.a-
tlon to tile GCAC was $425,000. By 1990, the all&o-
rion had grown to $1.7 million. For 1995, that total has
increased to $2.2 million, representing approximately
50 percent of the GCAC total budget·
Funds ~re distributed to approximately 50 organiza-
tions each year. Grants are available for projects,
management assistance and operating support. Funds
also help the ~CAC deliver services such as technical
assistance, training, information services and residency
p.r.ograms.
The GCAC maintains a close relationship with the '
tourism industry in Columb~. Their premier annual
event is the Columbra Arts Festival, which brings
500,000 people to downtown Columbus. They also
fund a number of downtown special events for residents
and visitors. In addition, Arts Council board members
and staff sit on boards of the Convention and Visitors
Bureau and the Chamber of Commerce, acting as a
conduit between the arts and tourism industries.
Though there is no legiilation which'guarantees the arts
allocation of the hotel.motel tax, the income stream is
relatively secure due to the clear benefits that this
allocation provides to the arts, the tourism industry
and the community as a wl~ole.
Conclusions
m Creating, increasing or
dedicating~ ro~)m tax to the
arts has'proven to be a popular
'means to fund the arts as a
'~ basic city or county service.
Because th~ source of these funds can be specifically
identified and then' dedicated to a particular·purpose,
they are politically attractive, as t}le tax is not ~(athered
from local residents/taxpayers/voters but from renters
of a city's local hotel rooms. This dedicated revenue
· . stream is also less competitive than a ciry's ~neral
fund, which supports core services like policing. fire
protect[on arid garbage collection.
· Obtaining a portion of a local bore} tax requires
a strong argument that the arts contribute to local
tourism, either through arts programs or facilities.
In order to make'this argument, a close relationship
with the local tourism industry is mandatory. This is
a real challenge, as the hotel operators who collect the
tax must be convinced of its long term beneftt to
their business·
II The downside to a dedicated income stream is that
funds can vary from year to year in relation to the
health of the local tourism business. Yet, if properly
managed by a local arts agency as one of several funding
sources, room tax revenue can provide meaningful
support for local arts groups, as well as capital and/or
operating funds for arts facilities.
Getting S~r~d
For the local arts agency
seeking hostel-motel tax
fundial:, here are some
preliminary steps:
· Create a working group with community-wide
participation to invest.iga. te and pursue hotel-motel
tax funding.
· Research the local tourism i?dustry and the broad
role played by the arts in bringing visitors to the
community.
· Contact your state travel office or the National
Conference of State Legislatures to determine in which
states tourism taxes are authorized (303.830.2200).
· Co~tact NALAA for sample local hotel,motel tax
legislation (202.371.2830). , .
· Implement a campaign strategy and build commu-
nity support, using a strong theme. In St. Louis -- to
demonstrate that it is out-of-towners who pay the tax
and not voters - supporters used the slogan, "You
never paid it, you never will!'
· ·
City of Iowa City
-MEMORANDUM
Date: October 18, 1996
To: Mayor and City Council
From: Marian K. Karr, City Clerk/~
Re: Retention of Hard Copy Internet Messages
The present procedure for Internet messages is as follows:
City Clerk checks Internet twice a day (usually first thing in the morning, and late in the
day).
· Messages are printed and deleted.
Any messages addressed to the City Council will be accepted on the next Consent
Calendar agenda. Items not addressed to City Council but rather "cc:" will be in the
next information packet. Messages will be distributed and added to the agenda if a
meeting is held that evening. Other messages will wait until the next packet or
agenda.
All messages are copied to the City Manager and retained for a short period of time in
the office of the City Clerk. Messages distributed to Council through the agenda or
packet will be indexed and maintained in the Clerk's permanent file.
I am suggesting the following changes to the procedure outlined above:
A separate City Council address will be added to Internet. All messages will come
through my office but will enable the public to better access City Council with that
name rather than my name.
· Any message sent directly to me, and absent of a reference to City Council, will not be
forwarded to the City Council.
· No hard copies will be retained by the City Clerk's office unless they are addressed to
the City Council or City Council "cc:".
· Any Council Member utilizing Internet and desiring to have copies forwarded to Council
should indicate a "cc:" on the bottom of their correspondence,
· All messages will be copied and sent to the City Attorney (in addition to the City
Manager).
I will implement the following changes next Monday, October 21. Please notify me with
any questions you may have.
City of Iowa City
MEMORANDUM
Date: October 16, 1996
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, October 2, 1996 - 7:00 p.m. in the Council Chambers
Mayor Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thomber~/,
Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Franklin, Davidson, Schmadeke, Fosse,
Yucuis, Trueblood, Mitchell.
Tapes: Reel 96-117, Side 2; 96-118, All.
Meeting transcriptions are available in City Clerk's Office upon request,
DOWNTOWN STRATEGY COMMIq-rEE Reel 96-117, Side 2
PCD Director Franklin reviewed proposed Downtown Strategy Committee membership list.
Majority of Council supported Gary Lundquist to represent Old Capitol Mall and to add an
additional young person to the Committee.
Staff Action: Staff will contact prospective members to ascertain their interest In
serving on the committee. (Franklin)
ClP DISCUSSION Reel 96-117, Side 2
PCD Director Franklin facilitated the ClP discussion. Following staff members responded to
Council questions about the proposed ClP: Arkins, Franklin, Davidson, Schmadeke, Fosse,
Yucuis, and Trueblood.
Council made the following recommendations to the proposed CIP:
· #410 pave First Avenue. Move to FY98.
· #282 Court Street extended. Move to FY98 with conditions.
· #254 East-west parkway Sycamore detention basin. Move to FY99.
· #280 Sycamore city limits to L. Move to FY2001.
· #294 Willow Creek interceptor sewer. Move to FY98.
· #292 Gilbert/Highway 6 dual left line. Move to FY99,
· #415 Highway 6 sidewalks/drainage. Move up, break in phases.
· #403 Benton/Orchard to Oak Knoll. Move to FY2000.
2
ICAD DISCUSSION Reel 96-118, Side 2
City Manager Atkins reviewed Baker's July 14, 1996, memo regarding ICAD information. After
discussion Council directed Arkins to contact ICAD and ask them to prepare a response to
requests outlined in the memo.
Staff Action: City Manager will contact ICAD. (Atklns)
CITIZEN REVIEW BOARD DISCUSSION Reel 96-118, Side 2
City Manager Atkins and City Council reviewed Atkins' September 27, 1996, Police Citizen's
Review Board (PCRB) draft proposal.
Council directed Atkins to prepare a re.draft of the PCRB proposal to include receipt to the
complainant within five business days of receipt; a contingency fund budget; and PCRB
administrative procedures.
Staff Action: City Manager preparing another proposal based on discussion.
COUNCIL AGENDA/TIME Reel 96-118, Side 2
1. Mayor Novick announced that the Fire Department is holding an open house on Sunday,
1to 4 p.m.
2. Novick requested Council Members to turn in their human rights breakfast reservations
to City Clerk Karr.
3. City Clerk Karr reminded Council of a .-~oecial formal/executive session, Monday, October
7. The Mayor noted a memo was forthcoming on November/December scheduling.
Meeting adjourned at 10:15 p.m.
cle~,/cc 10-2.1~ f
City of Iowa City
MEMORANDUM
Date: October 18, 1996
To: Mayor and City Council
From: City Clerk
Re: Council Work Session, October 7, 1996 - 7:10 p.m. in the Council Chambers
Mayor Naomi Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton,
Thornberry, Vanderhoef, Staff present: Atkins, Helling, Woito, Karr, Franklin, Davidson,
Schmadeke.
Tapes: Reel 96-119, Side 2; 96-120, All; 96-121, Side 1.
Meeting transcriptions are available In City Clerk's Office upon request.
PLANNING AND ZONING MATTERS
Reel 96-119, Side 2
PCD Director Franklin presented ~he following planning and zoning items for discussion:
MOTION SETrING A PUBLIC HEARING FOR OCTOBER 22 ON AN ORDINANCE
AMENDING TITLE 14, CHAPTER 7, ENTITLED "LAND SUBDIVISIONS," ARTICLE A,
ENTITLED "GENERAL SUBDIVISION PROVISIONS," SECTION 4, ENTITLED
"ESTABLISHMENT OF CONTROL," PERTAINING TO CITY REVIEW OF SUBDIVISIONS
LOCATED WITHIN TWO MILES OF THE CITY'S BOUNDARIES.
MOTION SETTING A PUBLIC HEARING FOR OCTOBER 22 ON AN ORDINANCE
AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE M, ENTITLED
"ACCESSORY USES AND BUILDINGS," SECTION 1, ENTITLED "PERMITTED
ACCESSORY USES AND BUILDINGS," TO ALLOW SATELLITE RECEIVING DEVICES
SMALLER THAN ONE METER IN DIAMETER IN ANY YARD OR ON THE ROOF OF
ANY STRUCTURE IN RESIDENTIAL AREAS.
Assistant City Manager Dale Helling presented information.
MOTION SETTI'ING A PUBLIC HEARING FOR OCTOBER 22 ON AN ORDINANCE
AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE I~ ENTITLED
"PUBLIC ZONE," SUBSECTION 4, ENTITLED ".__SPECIAL EXCEPTIONS," TO ALLOW
COMMUNICATIONS TOWERS AS A SPECIAL EXCEPTION IN THE P, PUBLIC ZONE.
MOTION SETTING A PUBLIC HEARING FOR OCTOBER 22 ON AN ORDINANCE
AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED
"ZONING DEFINITIONS," TO ADD DEFINITIONS ASSOCIATED WITH WIRELESS
COMMUNICATIONS FACILITIES, INCLUDING "COMMUNICATIONS TOWER,"
"COMMUNICATIONS EQUIPMENT BUILDING," AND "COMMUNICATIONS STATION."
PUBLIC HEARING ON A RESOLUTION APPROVING THE VOLUNTARY ANNEXATION
OF APPROXIMATELY 7.12 ACRES LOCATED WEST OF DUBUQUE STREET AND
SOUTH OF THE IQWA RIVER. (GLASGOW/ANN96-0002)
PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF APPROXIMATELY 7.12 ACRES LOCATED
WEST OF DUBUQUE STREET AND SOUTH OF THE IOWA RIVER, FROM COUNTY
RS, SUBURBAN RESIDENTIAL, TO P, PUBLIC. (GLASGOW/REZ96-0016)
ORDINANCE VACATING THE PORTION OF ST. MATTHIAS' STREET (FORMERLY
KNOWN AS ST. MA']-I'HIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE
ST. AND ST. JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMENT'S STREET AND ST.
MATTHIAS' ST. (ROBERTS HOME TOWN DAIRY/VAC94-0004) (SECOND CONSID-
ERATION)
ORDINANCE VACATING A PORTION OF LEE STREET, AN UNDEVELOPED RIGHT-OF-
WAY LOCATED BETWEEN RIVER STREET AND O~i'O STREET. (BARKANVAC96-
0001) (PASS AND ADOPT)
ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE H,
ENTITLED "INDUSTRIAL ZONES," SECTION 1, ENTITLED "GENERAL INDUSTRIAL
ZONE (I-1)" TO ADD A SPECIAL EXCEPTION TO ALLOW LIMITED RETAIL SALES IN
THE I-1 ZONE. (PASS AND ADOPT)
RESOLUTION APPROVING A FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29
ACRE, 53cLOT RESIDENTIAL SUBDIVISION LOCATED SOUTH OF GALWAY DRIVE
AND EAST OF HIGHWAY 218, IOWA CITY, IOWA. (SUB96-0014)
Public Works Director Schmadeke and Attorney Chuck Mullen, representing DAV-ED
Limited presented information.
RESOLUTION APPROVING THE FINAL PLAT OF HUNTERS RUN, PART 8, A 7.58
ACRE, 17-LOT RESIDENTIAL SUBDIVISION LOCATED ON THE NORTH SIDE OF
ROHRET ROAD, EAST OF GOLDENROD DRIVE. (SUB96-0019)
City Atlorney Woito presented information. Council noted the word "packet" should be
changed to "plat" in the comment section of the agenda and directed Franklin to consider
screening provisions in the subdivision regulations.
RESOLUTION RESCINDING THE PRELIMINARY PLAT OF SADDLEBROOK ADDITION,
A 222.62 ACRE, 10-LOT RESIDENTIAL SUBDIVISION, AND FINAL PLAT OF
SADDLEBROOK ADDITION, PART I, A 62 ACRE, 4-LOT SUBDIVISION, LOCATED
SOUTH OF HIGHWAY 6 AND HEINZ ROAD. (SUB95-0012/SUB95-0028)
RESOLUTION APPROVING PRELIMINARY PLAT OF SADDLEBROOK ADDITION, A
222.62 ACRE, 10-LOT RESIDENTIAL SUBDIVISION, AND A FINAL PLAT OF
SADDLEBROOK ADDITION, PART 1, A 62 ACRE, 4-LOT SUBDIVISION, LOCATED
SOUTH OF HIGHWAY 6 AND HEINZ ROAD. (SUB96-0018)
Ralph Stouffer, Landmark Surveying and Engineering, presented information.
MOTION TO AUTHORIZE THE MAYOR TO FORWARD A LETTER TO THE JOHNSON
COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REQUEST
3
TO REZONE 38.22 ACRES LOCATED ON THE WEST SIDE OF PRAIRIE DU CHIEN
ROAD, APPROXIMATELY 1/4 MILE NORTH OF NEWPORT ROAD FROM A1,
AGRICULTURAL, TO RS-3, SUBURBAN RESIDENTIAL. (CZ9445)
Kubby requested that "to the extent possible" be deleted from the Council recommendation
paragraph of the letter forwarded to the Board.
PROSPECT HILL DISCUSSION Reel 96-120, Side 1
Franklin stated Council will receive information prior to their next meeting.
In response to Novick, Franklin stated she would check on who will be responsible for maintaining
the landscaped area in the cul-de-sacs.
Staff Action: A memorandum concerning this Issue will be forwarded to Council.
(Franklin)
PARKING IMPACT FEES Reel 96-120, Side 1
PCD Director Franklin presented information.
Council directed Franklin to prepare information about increasing the opportunities and
encouragement of commercial development, parking, revenue for parking facilities, and density
of residential development. Vanderhoef requested staff look at a parking facility on the north side
of the central business district.
Staff Action: Pursue as directed. (Franklin)
NEAR SOUTH SIDE PARKING FACILITY LOCATION Reel 96-120, Side 1
PCD Director Franklin and Assistant PCD Director Davidson presented information. Franklin
stated the staff will continue negotiations with St. Pat's and GSA regarding south of courthouse
location for parking.
Staff Action: As noted above.
DOWNTOWN STRATEGY Reel 96-120, Side 2
Council directed staff to contact Dick Summerwill (downtown property owner) to be a representa-
tive on the Downtown Strategy Committee and to pursue two other representatives, a nonuser
and young person representative for that committee.
Staff Action: As directed. (Franklin)
STATE ELECTION LAW Reel 96-120, Side 2
In response to Baker, Council agreed to support the effort to make it possible for municipalities
to have as an option mail balloting.
Staff Action: Letter being prepared. (Helling)
4
COUNCIL MEETING SCHEDULE
Reel 96, 120, Side 2
Council decided to reschedule the November 5 formal meeting to November 4 and move the work
session of that evening to 5:30; and schedule a November 13 joint meeting with Parks and Rec
from 5 p.m. to 7 p.m.
COUNCIL AGENDA/TIME
Reel 96-120, Side 2
In response to Baker, Novick stated she will not read the Kelly proclamation during
Council's formal meeting.
2. In response to Baker, Atkins stated information regarding graffiti is being prepared.
(Agenda Item #4F(1)--Freda Hieronymous regarding downtown). Kubby requested
response be sent to Freda Hieronymous.
4, (Agenda Item #~4F(2)--Sycamore Street housing assistance property). Kubby noted
correspondence was received regarding a housing assistance property. Atkins stated
information will be provided to area residents,
(Agenda Item #4F(3)---Correspondence from Curt and Nancy Ska¥ regarding 828 St.
Anne's Drive). Kubby asked staff to prepare a response to the Skays,
o
(Agenda Item #4F(5)--John Gross downtown beautification). Kubby raised concerns
about removing trees from the downtown area.
In response to Kubby, Atkins stated he is preparing information on the Police Citizens
Review Board.
Kubby said Council should give the Animal Advisory Board some direction regarding
grandfathering of pigeon lofts and the prohibited and restricted animal list. No direction
was given.
9. Norton requested that work be done on the City's low income policy,
10.
In response to Norton, Atkins stated he can prepare a list of the short-term proposals for
downtown plaza area maintenance.
11.
Vanderhoef noted more cleanup is needed after homecoming parade and suggested a
Saturday morning cleanup.
12.
Vanderhoef requested information about the legal use of cemetery property. The City
Attorney will follow-up,
13.
Vanderhoef requested information regarding how often a car is ticketed when illegally
parked.
14.
Novick stated she received complaints about noise from the 400 block of South Dubuque
Street.
15. Norton noted that he received complaints regarding band practice at 7:15 a.m.
16.
17,
APPOINTMENTS
HCDC-Jim Harris
Meeting adjourned at 10:15 p.m.
$
Novick stated that the city Team Committee is doing cleanup and weatherization work on
November 2.
Kubby noted that she is collecting Hospice Road Race pledges.
Reel 96-121, Side I
IOWA CITY MUNICIPAL AIRPORT
1801 South Rwers~de Drive Iowa City, Iowa 52246
Office Phone (319) 356-5045
MEMO
DATE: October 8, 1996
TO: Iowa City City Council
FROM: Ronald J. O'Neil, Airport Manager~O.
RE: Master Plan implementation
As part of the Airport Master Plan, a general schedule for
implementation of capital improvement projects was developed (see
attached Chapter 7). The schedule for the majority of the "air
side" projects will be determined by the availability of funding
from the Federal Aviation Administration. Air-side projects are
those directly affecting aircraft movement, such as runways,
taxiways, navigational aids, and safety areas. Because of the
significant capital investment required by some of the capital
improvement projects, it is not probable that local funding will be
available for most of the projects before a grant has been offered.
Relocating Dane Road and the construction project for our primary
runway are examples of these projects.
However, there are two projects that require immediate attention.
One is obstruction removal and the other is land acquisition and
avigation easements.
We are doing some obstruction removal on City owned property. This
consists of tree trimming/removal, lowering or eliminating a light
pole and leveling some terrain. The majority of off site
obstructions will be mitigated when FAA funding becomes available.
property owners
acquisition and
clarification by
any undeveloped
prohibit future
A project of more immediate concern is land acquisition and
avigation easements. While the Master Plan was being conducted,
preliminary contact was made with most of the people that have
property effected by this project. It would be beneficial to the
and the Airport to begin the process of land
avigation easements. Because of a recent
the FAA, we know we will be required to purchase
land in the Runway Protection Zone (RPZ) and to
obstructions from being built in these areas.
Avigation easements will be required for the property in RPZs that
is already developed. In a cooperative effort between the City and
a property owner, some avigation easements west of the Airport have
already been obtained.
,!
By following FAA acquisition procedures, 90% of the cost of the
project is reimbursable through the FAA Airport Improvement
Program. This would include land acquisition, avigation easements
and relocation assistance. There are several dwelling units
involved in the project.
After discussing the need to proceed with land acquisition with the
City Manager and the City Attorney's office, the Commission decided
to advertise for a consultant to assist with the project. Before
the scope of services is finalized, additional meetings with City
staff will determine what can be done "in-house" and what expertise
will be needed from a consultant. The Request for Proposals are
due November 1, 1996, and will be reviewed at the November
Commission meeting.
By aggressively moving forward with this project, we are sending a
message to the FAA that we are very serious about our Airport and
are doing what we can to provide a safe environment for those
flying in and out of the Airport, as well as those on the ground.
We are also providing a clearer picture of our responsibility to
those who own property in the safety areas.
The Council will be kept informed as the project progresses. If
you want additional information, please contact me at 356-5045.
Airport Commission
Steve Arkins, City Manager
Linda Newman Woito, City Attorney
Eleanor Dilkes, Assistant City Attorney
CHAPTER SEVEN
DEVELOPMENT SCHEDULE
CAPITAL COSTS
DevelopmentPhases
The analysis conducted in the previous chapters
considered various alternatives that would
accommodate existing and future levels of
aviation activity. The proposed capital
improvements considered safety flint as well as
the present investment in airport facilities.
Current FAA design standards were considered
together with vadous development alternatives
in preparation of the Airport Layout Plan, (ALP).
implementation of the pmpesed capital projects
is expected to take place over a period of years.
Development will be in response to need as well
as the availability of funding.
The development schedule is presented in two
(2) five year phases and one (1) ten°year phase.
Phase One extends from 1996 to 2000 while
Phase Two covers the pedod 2001 through
2005.
Phase One 1996 - 2000
Phase Two 2001 - 2005
Phase Three 2006- 2015
Phase One: 1996 - 2000
Within the period 1996 - 2000, an effort should
be made to mitigate as many obstructions as is
feasible to do so. The proposed extension to
RW 6, together with the 'modification to design
standard', will create a new established airport
elevation. The new established airport elevation
is 16 feet higher than the present elevation of
668 feet ASL. A number of objects that at
present penetrated the airport imaginary
surfaces would no longer do so. The
recommended closure of RW 17/35 will
eliminate a number of obstructions. In addition,
a 20;1 approach slope is recommended on
Runways 6, 12 and 30 while a 34:1 approach
slope is to be maintained on RW 24. The
proposed actions noted above will mitigate a
number of obstructions noted on the Aimort
Obstruction Chart (OC 882 surveyed
November 1990 - 8th edition). The November
1990 survey by the National Oceanic and
Atmospheric Administration (NOAA) is being
updated in 1996.
The acquisition of land in fee to accommodate
the 800 foot extension to RW 6 should be given
a priority. Approximately 22.8 +/- acres of land
in fee should be acquired beyond RW 6 so as to
accommodate the following:
· Relocated Dane Road
· Relocated VVillow Creek Drainageway
400' x 1,000' Runway Safety Area
(RSA)
· 800' x 1,000' Runway Obstacle Free
Area (ROFA)
150' x 800' Runway 6 Extension
* Part of the Runway Protection Zone
(RPZ)
Obstruction Mitigation: Power line,
trees, terrain
The acquisition will incJude agdculturel ground,
28 unit mobile home park and a single family
residence. An additional 8.3 acres +/- of land in
easement should be acqulr~l to accommodate
that area of the RPZ beyond airport prope[ty
owned in fee title. A number of obstructions
beyond RW 6 can not be mitigated until an
interest in the property is acquired and grading
is accomplished.
To accommodate improvements associated with
RW 24, the acquisition in fee (1.3 acres +/.) of a
three (3) unit apartment and eleven (11) unit
motel is recommended. Acquisition in fee of no
fewer than eleven (11) mobile home pads is
also recommended. The eleven mobile home
pads are located on 1.7 acres. The acquisition
would accommodate the following:
· Runway Obstacle Free Area (ROFA)
(Part)
· Obstruction Removal
7-1
Also proposed is the acquisiUon in fee of that
area of the Runway Protection Zone (RPZ)
extending beyond RW 12. Approximately 12.4
acres of land is recommended for acquisition.
Avigation easements should be acquired for that
area of the Runway Protection Zone extending
beyond Runway 24 and 30 that are not presently
owned in fee.
The relocation of Dane Road and Willow Creek
may commence once the land has been
acquired and the mobile home park removed.
The Dane Road would be located on land
acquired for the RPZ extending beyond RW 6.
An 80 foot road-ddght-of-way with a 31 foot B-B
street Is racommended. A construction
easement should be obtained over that portion
of the Dane property not acquired in fee so as to
remove terrain obstructions. Grading
associated with Willow Creek may commence at
the same time. Power lines extending along
Highway One should be placed underground or
the poles lowered so as to mitigate the
obstruction. A power line extending along Dane
Road should be rerouted or placed underground
in an easement extending through airport
property.
The grading associated with the extension of
RW 6 should coincide with the Dane Road and
Willow Creek relocation. The grading would
provide for a Runway Safety Area 400 feet in
width and 1,000 feet in length beyond the RW 6
threshold.
Proposed is the construction of a 150' x 800'
extension to RW 6. A modification to design
standards was approved by FAA so as to allow
a two (2) percent runway centerline provide
grade. A vertical curve not-to-exceed 1.5
percent would be constructed by removing a
portion of the existing runway pavement.
Runway longitudinal grade and traverse grade
limitations associated with RW 6/24 are
depicted in Figure 4-6.
The pavement should be designed to support a
45,000 pound dual wheel loading (DWL). The
pavement wheel loading would be consistent
with the rating given to existing runway
pavements. Proposed is 7-inch PCC over a 6-
inch granular base.
Relocation of the existing precision approach
path indicator lights (PAPI), units on Runways 6
and 24 will be required. A medium intensity
approach light system (MALS) is proposed on
RW 24. Runway 6 should be equipped with
runway end identifier lights, (REIL). The
existing threshold lights on RW 8 will be
relocated and the medium intensity runway
edge light system extended.
The threshold on RW 24 is presently displaced.
It is recommended that the threshold be
relocated 140 feet and the threshold displaced
810 feet. Declared distances computed for RW
6/24 are shown on the ALP and discussed on
Page 5-4.
The non-precision instrument (NPI) markings
should he maintained on RW 6/24.
The construction of a full parallel along RW 6/24
is proposed. The grading associated with the
taxiway should be accomplished in conjunction
with the runway extension. Paving, lighting and
marking of the parallel taxiway may be
accomplished in another phase. Associated
with the taxiway grading is a storm sewer
designed to provide drainage within the area
between the runway and taxiway.
· Parallel Taxiway RW 6/24
· Connecting Taxiway-Apron
41,079 SY
1,943 SY
Reconstruction and expansion of the apron is
considered a higher priority than construction of
a full parallel taxiway. The existing apron is
constrained. The apron, like the parallel taxiway
associated with RW 6~24, may be constructed in
phases. Proposed in Phase One Is the removal
of the existing apron and construction of a new
apron supporting 25 tiedowns.
· Remove existing apron 9,444 SY
· Construct new apron 13,381 SY
· Install 25 tiedowns
Within Phase One, the demolition of the 'Old
United Hangar' is proposed. A new 10,000
square foot conventional hangar should be
constructed no[1.h of the terminal building. This
facility would provide space for FBO operations
to include limited storage. The existing FBO
shop may be converted to storage.
Within Phase One, RW 17135 may be closed,
Consideretlon then may be given to the
development of a commercial/industfial paW,
north of RW 6~24. Ownership of the land should
remain with the airport and long term land lease
provided. A public street should be constructed
7-2
J
FIGURE 7-1: Airfield
'PHASE I IMPROVEM~NTS
7-3
I I ]"I-'l--f' 'I-'T'T
l['-J
iI x i/eli
I IVI IVI
I^1 · I^1
II \1 I/ \1
..d_
PHASE I
IMPROVEMENTS
NO SCALE
1. Remove "Old"
United Hangar.
2. Construct FBO
Maint enanc · /
Storage Hangar.
3. Apron/Taziway
4. Terminal Build:
Renovat i~n.
FIGURE 7-2
Terminal Area
Phase I
Improvements
7-4
from Highway One to Riverside Ddve to provide
access to the commercial/industrial lot(s). Two
commercial lots may also be developed along...
Riverside Drive. The land leases should reflect J
the capital cost of providing access and{
infrastructure, An additional lot(s)may be)
developed south of RW 12/30 and east of RW
'i7/35, The cost to relocate the NDB and ASOS
unit should be reflected in the land lease,
Renovation of the existing terminal building is
recommended. The renovation may coincide
with the construction of the FBO hangar with
office, classroom, administrative, weather and
pilot lounge conconlrated in the north one-half
of the structure. Public space would remain in
the center part of the structure. Space on the
second floor and south part of the ground floor
may be renovated and leased.
Phase Two: 2001 * 2005
Phase Two extends from the year 2001 to 2005.
Wlthln Phase Two, the apron may be expanded.
The partial parallel taxiway extending from the
apron to RW 30 is recommended for
construction. A turnaround should be
constructed on RW 12. Rehabilitation of RW
12/30 beyond non'hal maintenance should be
considered. Runway 12 and 30 should be
equtpped with visual guide slope indicator lights
(VGSI) and runway end identifier lights, (REIL).
Construction of additional hangar units are
recommended only in response to demand.
The private sector is encouraged to construct
conventional hangars for corporate use on
ground leased from the airport. The Airport
Commission may consider the construction of a
10-unit tee hanger should demand exist.
Phase Three: 2006 - 2015
Within the pedod 2006 to 2015, capital
expenditures are expected to be Ilmlted to
hangar construction In response to demand. As
in Phase Two, the private sector will be
encouraged to construct corporate hangars.
The Airport Commission may consider the
construction of a 10.unit tee hanger within
Phase Three.
Phase Three projects should place an emphasis
on those related to preservation of existing
airport facilities.
Project Develop, merit
Table 7-1 summarizes the project priority
ranking system used by the Iowa Department of
Transportation. The Iowa City Municipal AIq3ort
is a Level II aiq~ort within the state system. As
noted, obstruction removal Is given the highest
priority. Expansion projects are given the
lowest priority.
7-5
FIGURE 7-3 Airfield
PHASE II
IMPROVEMENTS
7-6
I
T__,TAT
Jl
PHASE II
IMPROVEMENTS
PHAS[ II
NO
NOte:
1. Hangars may be
constructed in
response to
demand.
2. The private se,
will be encour,
to develop the
two (2) commer
lots adjacent
Riverside Driv
3. Apron/Taxiway
4. Vehicle Parkin
FIGURE 7-4
Terminal Area
Phase II
Improvements
7-7
TABLE 7-1: IOWA AlP PROJECT PRIORITY RANKING SYSTEM
Project Type/Kind SAFETY:
1. Ohstruction removal/displacement
2. Land for clear zone protection
3. Safety/security fencing
4. Runway treatment for skid prevention
5. Other as documented (based on safety inspection/analysis)
Prtortt~ Rank
Lowest is Highest Pdority
Level II Level 111 Level IV
1 2 3
3 4 {5
4 6 8
5 8 11
PRESERVATION:
1. Primary runway surface preservation or repair/replace
lights/REILa/slope indicators
2. Taxbray surface preservation or repair/replace edge lights
3. Airfield navigation aids redair/replace wind Indlcators/NDBslect.
4. Other than sur/ace prlmary/ta.,dway preservation L e. drainage,
ROW preservation, etc.
5. Secondary runway sun'ace preservation Including edge
lights/REILs/slope indicators
6. Aprons/rampsJother surface preservation including edge lights
7. Other preservation projects as documented
8 12 13
9 14 19
12 18 24
13 20 27
15 22 29
16 24 32
II1
STANDARDS:
1. Land acquisition/preparation
2. Pdmary runway improvement/extension including edge
lights/REICs/slope indicators
3. AiReld Items including wind Indtcators~NDBsletc.
4. Tax~way construction/extension including lights
5. Secondary runway construction/extension Including edge
I!ghts/REILs/slope indicators
6. Aprons/ramps construction/extension including edge lights
7. Other standards projects as documented
17 26 35
19 28 37
20 30 40
21 32 42
23 34 44
24 36 46
25 38 48
IV
EXPANSION:
1. Land acquisition/preparation
2. Primary runway improvement/extension including edge
[ights/REILs/slope indicators
3. AJr~eld items including wind indicators NDBsletc.
4. Tax~way construction/extension including lights
5. Secondary runway construction/extension Including edge
lights/RElLs/slope indicators
6. Aprons/ramps constru~on/extenslon Including edge lights
7. other expansion projects as documented
27 39 49
28 41 50
29 42 51
31 43 52
32 45 53
33 47 54
35 48 55
NEED: Pnodty ranking can be affected by transportation need O.e. use) end by economic development need.
NOTE: Adjustments can be made by the Iowa Transportation Commission for unique situations/circumstances.
SOURCE: IDOT 1991 IOWA AVIATION SYSTEMS PLAN
The capital projects proposed at the Iowa City
Municipal Airport consist of safety and
preservation projects. The RW 6 extension may
be considered as a project not only to enhance
safety by providing desired runway obstacle free
areas beyond the thresholds, but a project to
satisfy design standards as well.
WEb the exception of the apron, none of the
proposed capital projects eligible for state
and/or federal assistance are considered
expansion type projects. The apron Is
Inadequate in size and does not provide
appropriate space to accommodate taxiways,
taxilanes and airplane parking areas.
7.8
C~it~l Costs
An estimate of cost for each phase was
calculated. The cost estimates were based
upon average 1994/95 pricing. Since the final
design has not been completed, the cost
associated with site grading, drainage, paving,
and lighting may vary from the estimate of cost
provided herein. Other capital costs may also
vary depending on several parameters such as
construction conditions, specification
requirements, and time of construction. Future
costs may be updated by comparing
Engineering News Record Construction Cost
Indexes and applying those to the average
1994195 construction costs.
The capital cost estimated incJude a five (5)
percent contingency for unforeseen
circumstances. An additional 17 percent was
added to the coml~nent costs for engineering,
legal, and administrative costs. The total cost
represents the sum of construction costs,
engineering, legal, and administrative costs.
PHASE ONE: 1996 - 2000
Land Acouisition
Item Desc~ption
1. Land in Fee - RW 6
A, Parcel 176-004 (14.7Ac~,./-)
B. Parcel 176-005 (1.1 Ac+l-)
C. Parcel 176-001. 176-002
· Mobile home park (26)
· Single family dwelling
2. Lend in Fee RW 24
A. Parcel 47%004
· Mobile home park (11)
· Structure on site
B. Parcel 352-001
· Motel (11 unit)
,, Apartment (3 unit)
3. Land Fee - RW 12
A. Parcel 364-001 (12.7 Ac +/.)
4. Land-in*easement - RW 6
A. Parcel 177-002
B. Parcel 17%001
C. Parcel 176-004
D. Parcel 151-003
E. Parcel 151-0n2
5. Land-in-easement RW 24
A. Parcel
B. Parcel
C. Parcel
D. Parcel
E. Parcel
F. Parcel
6. Land-in-easement RW 30
A. Parcel 327-001
B. Parcel 502-001 (Railroad)
C. Parcel 326-002
D. Parcel 326-003
E. Parcel 326-004
F. Parcel 326-005
G. Parcel 330-001-005
H. Parcel 328-001
I. Parcel 252-003
(The Parcel Map beyond RW 24
has not I~en finalized by the
Johnson County Audlto0
17 Acres +/- in easement
Total
$367,500
38,500
380.000
233,860
403,565
354,000
5,500
4,000
20,500
1,000
5O0
85.000
13,000
8,050
3,489
6,950
2,531
1,865
4,153
250
562
7-9
7. Surveying/ROW Files
8. Appraisals
9. Negotiations
1 0. Legal
11. Relocate mobile homes
12. Contingency
1 3. Subtotal
Fenelna
1. Chain link fence
2, Gates - (3 - 267
3. Contingency
4. Engineering, legal, admin.
5. Subtotal
Gradlne/Dralneae o RW 6
1. Mobilization
2. Clearing
3. Top soiling
4. Excavation
5. Drainage (Hwy 1)
6. Erosion control, Rip Rap
7. Seeding
8. Contingency
9. Engineering, legal, admin.
1 0. Subtotal
Dane Read Relocation 1. Excavation
2. Subgrade compaction
3. 31' B/B, 7-1nr. h PCC
4. Storm sew~rldrainage
5. Contingent7
6. Engineering, legal, admin.
7. Subtotal
Lane Relocation - Dane Out Bulldines 1. Subgrade compaction
2. Gravel (12' width)
3. Contingency
4. Engineering, legal, admin.
5. Subtotal
Dane Road - ----Exlstina 1. Subgrade compaction
Asphalt (22' width)
3. Contingency
4. Engineering, legal, admin.
5. Subtotal
RW 6 Extension {150' x 800') 1. Mobilization
2. Subrede preparation
3. 6' Granular base
4. 7" PCC Pavement
5. Shouldering
7-10
20,000
40,000
20,000
20,000
370,000
119.239
$2,504,014
$48,825
1,950
2,539
8,632
$61,946
$20,000
36,000
34,688
875,000
50,000
20,000
55,096
54,539
185,433
$1,330,756
$31,938
6,788
112,000
60,000
10,536
$35.823
$257,085
$1,425
4,100
276
$939
$6,740
$600
5,775
319
~;1,084
$7,778
$20,000
20,318
67,725
666,666
13,950
7.
8.
g.
10.
11.
12.
Subdrains - 8'
Recycle aggregate base
Marking entire RW (D.T.)
PCC Removal (1,200 x 150)
Contingency
Engineering. legal, admin.
Subtotal
Parallel Taxiway - R,W 6t24
Item Description
1. Excavation
2. Subgrade preparation
3. 6' Granular Base
4. 7" PCC Pavement
5. Shouldering
6. Subdrains - 6'
7. Marking
8. Storm Sewer- 12' intake
g. Contingency
10. Engineering, legal, admin.
11. Subtotal
RW 6~24, Taxiway - Liohfina 1. MIRL - RW 6 Extension
2. MITL / Guidance signs
3. Relqcate PAPI
4. MALS - RW 24
5. REIL$ - RW 6
6. Contingency
7. Engineering, legal, admin.
8. Subtotal
Aoron Reconstruction
Item Desc,,dptton
1. Excavation
2. Pavement Removal
3. 6' Granular Base
4. 7' PCC
5. Subgrade Preparation
6. Subdrains - 4'
7. Storm Sewer Imp.
8. Tiedowns
9. Marking
10. Contingency
11. Engineering, legal, admin.
12. Subtotal
Connectin[Taxiway~ {Anton)
Item Description
1. Excavation
2. 6" Granular Base
3. 7' PCC
4. Subgrade preparation
5. Edge drains
6. Marking
7-11
65,000
40,533
20,000
100,000
50,710
$172.413
$1,237,315
Total
$46,667
37,466
124,385
464,200
18,596
111,580
10,000
t50,000
48,148
163.692
$1,174,734
$23,188
122,100
10,000
160,000
13,000
16,413
$400,487
Total
$26,763
47,220
68,445
267,620
20,534
24,000
48,000
7,500
2,000
25,804
87,054
$624,740
Total
$17,421
22,545
85,420
6,764
20,000
1,000
8.
9.
10.
MlTL/Guidance Signs
Contingency
Engineering, legal, admtn.
Subtotal
Obstrucqon Removal
Item Description
1. Demolition United Hangar
2. Power line - RW 6 Hwy 1
3. Power line - RW 6 Dane Rd.
4. Obstructions
- Power poles
- Trees
5. Contingency
6. Engineering, legal, admin.
7; Subtotal
FBO Maintenance Facility
Item Description
1. Site Preparation
2. Hangar- FBO
3. Contingency
4. Engineering, legal, admin.
5. Subtotal
Tenrnlnal BuildlnQ Renovation
item Description
1. Renovation $81,600
2. ConUngency
3. Architectural
4. Subtotal
19,360
8,626
29.327
$210,4~3
Total
$10,000
170,000
90,500
25,000
30,000
16,275
55,335
$397,110
Total
$30,000
350,000
19,000
30,400
$429,000
Total
81,600
4,080
13.872
$99,552
TABLE 7-2 PHASE ONE: CAPITAL PROJECTS: 19962000
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Land Acquisition $2,504,014
Fencing 61,948
Grading/Drainage - RW 6 1,330,756
Dane Road Rolocation 257,085
Lane Relocotlon 6,740
Dane Road Existing 7,778
RW 6 Extension 1,237,315
Parallel Taxiway-RW 5124 1,174,734
RW 6 & Taxiway Ughting 400,487
Apron Reconstruction 624,740
Connecting Taxbray 210,483
Obstru~on Removal 397,110
Subtotal
FBO Maintenance Hangar 429,000
Terminal Building Renovation 9~
Subtotal Landside
Total Phase One Capital Costs
8,213,166
$8,741,720
7-12
PHASE TWO CAPITAL. PROJECT8: 2001 o 2005
RW 12/30 - Rehabilitation
Item Description
1. Repair
2. Asphalt overlay - 2-inch
3. Marking
4. Contingency
5. Engineering, legal, admin,
6, Subtotal
Partial Parallel Taxlwav - RW 301Tumarouncl RW 12
Item Description
1. Excavation
2. 6' Granular Base
3. 7' PCC
4. Subgrade Preparation
5. Edge Drains
6. Marking
7. Seeding
8. Contingency
9. Engineering, legal, admin.
10. Subtotal
Alston Expansion
Item Description
1. Excavation
2. Pavement Removal
3. 6' Granular Base
4. 7' PCC
5. Subgrade Preparation
6. Sulxlrains - 4'
7. Storm Sewer Imp.
8. Tiedowns
9. Marking
10. Contingency
1 I. Engineering, legal, admin.
12. Subtotal
RW 12/30 1 MITL
Item Des~ption
1. MITL/Guidance Signs
2. PAPI
3. REIL
4. Contingency
5. Engineering. legal, admin.
6. Subtotal
Total
$20,000
208,000
14,000
12,000
41,140
$295,240
Total
$55.998
45,43O
168,940
45,340
42,000
2,000
4,000
18,185
61.830
$443,723
Total
$21,924
13,085
54,810
218,880
16.443
28,000
48,000
5,400
2,000
20,427
69.452
$498,421
Total
$48,400
48,000
26,000
6,120
20.808
$149,328
7-13
Acces~'Pa~inq Lot Rehab..and ExJ~anston
Item Description
1. Asphalt overlay - 2"
2. Parking lot expansion
3. Commercial access (24')
4. Contingency
5. Engineering, legal, admin.
6. Subtotal
Fencino
Item Description
1. Chain link fence
2. Gates/Opener
3. Contmgency
4~' Engineering, legal, admin.
5. Subtotal
Total
$12,800
22,752
72,000
5,378
18.284
$131,214
Total
$14,000
14,000
$28,060
1,150
TABLE 7-3 PHASE 'P:VO CAPITAL PROJECTS: 2001 - 2005
2.
3.
4.
6.
7.
8.
RW 12/30 Rehabilitation $295,240
Partial Parallel Taxiway - RW 12/30 443,723
Apron Expansion 498,421
RW 12/30 - MITL 149.328
TOTAL AIRSIDE
Access/Parking Lot Rehab. 131,214
Fencing 28,0~0
Hangar- 10 Untt Tee Demand
Hangar- Conventional Demand
TOTAL LANDSIDE
Total Phase Two Capital Cost
1,386,712
$1,64~,956
Those improvements with the hlghest priority
were placed in Phase One. The total capital
cost _~_~clated 'with airside Improvements was
placed at $8,213,168.00. An additional
$528,552.00 was allocated to terminal (landside)
capital projects.
Phase Two projects focus on Improvements to
RW 12/30 and completion of the apron began in
Phase One. Capital costs associated with
airside facilities wss placed at $1,386,712.00.
An a~ditlonal $150,274.00 was allocated to
landside improvements.
The total capital expenditure anticipated within
the perled 1996 to 2005 was placed at
$10,2.87,70~.00. There are no aireMe capital
projects anticipated In Phase Three (2006 .
2015). Hangar facilities may be constructed in
response to demand.
7-14
City of Iowa City
MEMORANDUM
Date: October7, 1996
To: Chief of Police
From: City Manager
Re: Iowa Law Enforcement Academy
As we are both aware, the Iowa Law Enforcement Academy provides the training for Iowa City
Police Officers. Recognizing that we use our own field training program to assist our officers in
acclimating to the Iowa City community, I still believe the training program by the Academy has
a substantial impact on how the community receives, as well as how our officers perform their
policing responsibilities. I would like for you to secure a general outline of the course work and
be able to provide some substantNe descriptions to me of the various training, work, exercises,
etc. that occur at the Academy. It will be important to the future policing of our community that
our citizens be aware that their community standards, that Is the nuances of Iowa City, be a
critical component of training.
I recognize our field training program is to help assist in such work; however, the basics are
established by the Law Enforcement Academy. if we are to rely on this Law Enforcement
Academy for our basic police officer training, I believe we need to be more critical of the curricu-
lum and its other related activities.
As soon as you secure the information I have requested, let me know. I also want to involve Dale
in this critique.
cc: Dale Helling
MEMORANDUM
· Stephen Atkins, City Manager
FROM: R.J. Winkelhake, Chief of Police .~'[/.-/
RE: EMERGENCY CONTACT INFORMATION
DATE:
October 15, 1996
The department has printouts of all business billings from the Finance
Department and the call back information from the Fire Department. We have
worked through the process of placing the information into the Computer Aided
Dispatch system. The input and the retrieval of the information has been
checked and is functional.
The lists are being integrated and prepared to be entered into the system. We
are hiring temps to do the data input. At this time I do not have a time line for
completion.
October 14, 1996
TO: Chief R.J. Winkelhake
Captain P.'Harney
FROM: R.A.Mebus #39
REF: T.I.P.S. Training
A brief note to bring you up to date. WE have completed another TIPS Class.
The Union Bar sent staff to a class at the Civic Center on October 14, 1996.
We are having another class at Carlos O'Kelly'$ on October 15, 1996. This class
will include all serving staff of the restaurant as well as staff from the Union
Bar and possibly Vito's.
Another class is scheduled for October 20, 1996. This will complete the training
for the Fieldhouse Bar, Union Bar, Bo-James and nearly finish the staff of Vito's.
To date the following bars have completed or are started in training their entire
staff in the TIPS Program: The Fieldhouse, The Union Bar, The Deadwood Tavern, Vito's
Bo-James, and Carlos O'Ksllys.
The following businesses have expressed an interest in training their people: One Eyed
Jakes , The Airliner, Chaunceys, Maxies.
I will notify you again as classes are scheduled.
City of Iowa City
MEMORANDUM
Date: October 11, 1996
To: ACT area businesses and residents
From:
Re:
City Manager
Update on Highway 1 traffic signal project in ACT vicinity and associated arterial
street extension issues
Our evaluation of the City Council's preferred alignment for extending Phase I of the proposed
northeast area east-west arterial street is proceeding. This is the segment between Dodge Street
and the west boundary of ACT's property. However, we have been delayed in receiving some
of the field data required for our analysis. We are now hoping to have our review finished by the
end of October. Once we have located the specific alignment of the proposed street, you will all
be notified so that you can assess the impact on your respective properties. We will also be
meeting with ACT representatives to discuss adjustment of the right-of-way for Phase II of the
proposed east-west arterial, which is already dedicated across ACT property.
I also want you to know that the City Council discussed the City's seven-year Capital
Improvements Program on September 30 and October 2. They established the following priorities
for street extension projects in your immediate area:
Fiscal year 1997: Establish the alignment for Phase I of the proposed northeast area
east-west arterial street, and install traffic signal at intersection of Dubuque Road and
Highway 1.
Fiscal year 199& Construct Phase I of the northeast area east-west arterial between
Dodge Street and ACT west property line.
Fiscal year 199E. Construct extension of First Avenue between current north terminus
and Phase I of northeast area east-west arterial.
Extension of a new finished water line will also occur in FY98 along the alignment of the proposed
arterial street extensions. This water line is being constructed between the Rochester Avenue
water storage facility and the new Iowa City water treatment plant.
2
If you have any questions regarding the projects I have outlined, feel free to contact Transporta-
tion Planner Jeff Davidson at 356-5252.
cc: Chuck Schmadeke
Karin Franklin
Jeff Davidson
Rick Fosse
City Council
Jw/a¢l.sa
October 17, 1996
Johnson County Board of Supervisors
913 S. Dubuque St.
PO Box 1350
Iowa City, IA 52244-1350
CITY OF I0 WA CITY
Dear Don and Members of the Board:
I wanted to take a moment to correspond with you concerning the issue of the recently-
enacted Federal Welfare Reform legislation. I must admit that I do not know the details of
all the changes in federal requirements with respect to welfare and its related services, but
I suspect it could have a bearing upon local government service---particularly those pro-
vided by the County.
I have spoken with Cheryl Whitney of your Department of Human Services and she has
been most helpful in providing me with general information about the changes in federal
legislation. My primary concern is I would like to make sure that the Community Develop-
ment Block Grant (CDBG) money that we have available is put to the most productive use.
It appears we will be receiving new rules and regulations concerning CDBG and, therefore, I
would expect our respective communities of interest to be affected. As Cheryl explained, a
likely outcome of welfare reform will be the need for job creation-specifically the work
workfare component. If the Federal government holds true to form, they will likely modify
existing programs of federal aid to help meet their policy changes. I would suspect our
social service agencies and City housing programs could be adversely affected. By this I
mean the CDBG money will be redirected toward job creation efforts and therefore, the
funds we would normally direct toward our social service agencies and housing programs
may be more limited.
We will need to await the full impact of federal welfare reform, but I would ask that you
keep me advised as to any changes that you might observe and I will for you, particularly
as we proceed to prepare budgets for our respective organizations.
The CDBG program has been declining in available federal moneys over the years and, if
that continues as well as having additional responsibilities or a change in direction were to
occur, I am sure you can see it could have an adverse effect on our social service agencies
and related housing programs.
Sincerely,
Stephen J. Arkins
City Manager
cc: Cheryl Whitney
Director of PCD
City Council
Irn~sa 1014.doc
410 EAST W^SHIHGTON STRE]ET e IOWA CITY,
October 18, 1996
CITY OF I0 WA CITY
Thomas Bredeweg, Executive Director
Iowa League of Cities
317 Sixth Avenue, Suite 1400
Des Moines, IA 50309-4122
Dear Tom:
Attached is a letter I directed to the Johnson County Board of Supervisors concerning the
relationship between the newly enacted federal welfare reform and the CDBG program.
Specifically, it may be something that the Iowa League of Cities needs to watch and in
particular try to find some way to share with the state government in the design of new
welfare systems. I believe we will see a redirection of the available CDBG moneys toward
fulfilling certain welfare objectives. It is a typical federal response, that is they will change
legislation in one program and modify another so that moneys are truly not eliminated or
substantially reduced-just changed in the redistribution of those funds. As you will note, I
point out in my letter that in doing so some of our social support agencies here in Iowa City
and in particular our initiatives in housing might suffer.
Purpose of this letter is merely a "heads up."
Sincerely,
Stephen J. Atkins
City Manager
cc: City Council
Director of PCD
Imasa 10142.doc
CIVIC CENTER · 410 E WASHINGTON ST.
IOWA CITY IOWA }2240-1826
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 16, 1996 er,~.
Steve Atkins, Ci~ Manag
Karin Franklin, D~rector, PC~
Staff Appointment
Maurice Head has been appointed to the Affordable Housing Advisonj Council of the Federal
Home Loan Bank of Des Moines. The Council advises the Board of Directors of the bank on low
and moderate income housing needs and programs in conjunction with the bank's Affordable
Housing Programs. In 1997 the Federal Home Loan Bank contributed approximately $9.8 million
to affordable housing programs, Maurice's term is for one year beginning September 1996, His
role on the Council should keep him in touch with housing programs throughout the state of Iowa,
Date: Sat, 12 Oct 1996 17:46:22 -0500 (CDT)
From: "L. Baker" <bakerl@blue.weeg.uiowa.edu>
Reply to: JC-NEWS@netins.net
To: jc news <jc-news@netins.net>
Cc: mike@lankford.com
Subject: Shaw shooting(note: VERY LONG. Print or
skip? )
The following posting will offer another perspective on the Eric Shaw
shooting.
I offer it now because most of the recent JCN and letters to the PC
have become one-sided, heavy-handed, and self-defeating.
Okay, that opening has offended some people, which might be
unavoidable. But, let's admit it, JCN is not a representative
cross-section of Iowa City. We are more connected to technology, more
politically motivated, more opinionated. But, often we are a choir
singing to itself.
Now that I've got everybody,s attention, and dander up, let's begin.
First, what follows is not in any way a criticism of how the Shaw
family has reacted to the death of their son. I have three children. If
any one of them were to die in any way as tragically, my grief would not
be restrained, my anger would not be repressed; my actions, whether
public or private, would not have to be justified. Eventually, I hope the
Shaws will find some peace in their hearts, and some forgiveness.
The Shaws are not the issue. The real issue is how the rest of us
are handling this tragedy. In particular, how the Council, individually
and collectively, ~ the public have responded.
By analyzing the Council, I will assume responsibility for some of
our collective failure. As I wrote in a 9/10/96 posting, I could have
asked for a special CC meeting to discuss how to respond. Any
councilmember could have, even Karen Kubby, but none of us did. We waited
until our next scheduled meeting, but by then the actions of the City
Attorney and Police Chief were shaping public opinion of us as a group.
knd, our LACK of action was also shaping that public perception.
I recognized that lack of action as a moral failure and a potential
political disaster. (Sorry about interjecting "politics" into this, but
why not admit the truth.) Karen Kubby, Dee Norton, and I met at Dee's
house on 9/7/96 to discuss a strategy for the Council. In an e-mail
message to KK and Dee, I urged us to be more conciliatory and less
confrontational. This was right after the City Attorney was quoted as
saying that the city was preparing "to do battle" with the Shaws. A dumb,
inflammatory, and insensitive statement, but which was defining the
city's "response."
In the CA's defense, however, everyone should remember that the
Shaws had retained a lawyer with 24 hours of the shooting and he was
lambasting the police and city i~u~diately. The CA and the CC had the
right to feel defensive about anything we did or said.
A point of clarification: it was reported that the City Manager had
instructed us to be silent. Not true. Steve Arkins was very clear to me,
that we should be very careful about what we said at such a volatile
time. Careful, clear, and precise--but not silent. All of us were acutely
aware that most media could not be trusted to get any quote contextually
right. (Even the CA's remarks had a context that was ignored by the
press.)
Dee, K/~ren, and I met and a statement was discussed. Condolences and
sympathy. More importantly, we wanted the CC to specifically and publicly
reprimand the CA for her statements and her actions in hiring a private
investigator. (Actually, that hiring was done at the request of the
insurance company) We wanted the CC to say that the CA's actions were
"premature" and her comments "inappropriate.,, Norton called the Mayor,
who refused to support the statement.
At the 9/9/96 meeting, Karen and I both argued that the CC could
expect a growing public outrage about the shooting and our response to
it. The Mayor's response was a Hallmark card. The majority of the CC
refused to do more than force the mayor to open the next night's meeting
with a watered down version of the statement that KK,DN, and I had
prepared that weekend, but a statement that only expressed feeling--not
action.
Now, about that 9/10/96 public meeting.
Karen has been criticized for her public advocacy of the
demonstration and her subsequent clapping during the public co~ents
at the meeting itself. The first criticism was off-base. Ever%;
councilmember has done some version of that public prompting at some
time on some issue. No big deal. Karen's choice of language in her
posting might have been more judicious, and it might have been
inflammatory in some reader's eyes, but that's hindsight nit-picking.
Several people who had a positive experience with the police
department had talked to me about their coming down to the meeting that
night to express support for the department. I suggested that they do
not. Intense, and contradictory, emotions in a large crowd, I thought,
might lead to some ugly confrontations that everyone would soon regret.
I was wrong. I wish I had urged those people to come down and say
what was on their minds. Again, hindsight wisdom.
However, Karen's behavior at the meeting itself, her applauding
various speakers---that was probably inappropriate. Karen might argue
that she only applauded when she agreed, and that she did not applaud
when some of the more outrageous statements were made, but those are
distinctions that were understandably lost on most of the viewing audience.
Remember the scene. That crowd was upset and confrontational. Their
emotions were directed at the Police Chief, the Department, the City
Manager, the CA, AND the CC. In the minds of many of those speakers, the
CC was the villain. The effect of Karen's applauding was to separate
herself from the Council, to agree with the crowd. To confirm that
hostile perception.
The rest of us, in contrast to Karen, seemed disconnected from the
crowd. But that is a misunderstanding of our role in those kinds of
public discussions. That part of the agenda is for the PUBLIC to express
itself. Many of the things that were said that night were debateable, but
any response from the CC other than agreement would have been fuel on
the fire, and we would have been seen as hostile to their emotions. In
many ways, the CC was in a no-win situation. Our role was to listen. In
time, we would have plenty to say.
Consider this: if Karen was right in her behavior at that meeting,
and the rest of us were wrong, then all seven of us should have been
applauding. Think about THAT scene. The crowd ripping us a new body
orifice and us applauding them. The crowd, and the viewing audience at
home, would have thought we were, at best, condescending to them; at
worst, that we had lost touch with reality.
But, on a scale of importance, Karen's applauding was a minor blip
on the screen. Six councilmembers were justifiably offended by it, not just
Dean, and Karen could have quietly and privately later admitted her
mistake to those on the CC who were most upset by it. And we could go on
to the really important matters.
But her applauding does raise a larger guestion. What exactly is
the proper role of the CC, and individual CC members, in such a crisis?
Were our actions, or lack of them, indicative of an
institutional/structural flaw in our form of local government? Or a
matter of personal failings?
I would suggest that our perceived lack of action is not
institutional. Does anyone have any doubts that if the previous CC had
been in power that our response would have been dramatically different,
dramatically better?
If Sue Horowitz had been mayor, and Bruno Pigott and Jim
Throgmorton had been councilmembers .... would we have waited and been as
tentative? Hardly. Jim, Bruno, Karen, and I would have been the majority
that pulled the rest of the CC along. Sue, whatever her political
views, would have been an emotionally warm and more articulate
representative of those collective concerns.
That previous majority would have gone into that 9/10/96 CC meeting
already having clearly expressed its feelings to the public and the Shaw
family, and it would have outlined a series of specific actions that the
CC was undertaking. That previous CC would have required a public
apology from the CA for her co~ents, or, at least, a precise
clarification about her actions.
After the 9/10/96 meeting, I sent a private 9/13 memo to the CC
suggesting a role we should take in the near future. Two things needed to
be done: "1) acknowledge our mistakes in the past and set goals for the
future; 2)announce specific and i~mLediate actions we are taking."
I also said that "so far, the public has not been able to see any
Council initiative. Lack of initiative will lead to a lack of identity.
Lack of identity will lead to our being judged only by the actions of
others."
This memo was sent prior to the joint public meeting with Pat
White. I thought that the CC had to take a leadership role at THAT
moment. The Friday before the Tuesday meeting, two councilmembers called
me to express their enthusiastic support for such an approach. (I had
also suggested five specific i~u~ediate actions in that 9/13 memo) Monday
night before that press conference with Pat, those two councilmembers
were silent. Except for Karen, the CC ignored those suggestions, and thus
missed its last opportunity to re-shape public opinion and restore some
public trust.
At that time, I wanted to tell the five hesitant CC mer~bers that
their inaction would create a void of leadership. A void which would be
filled by someone, somehow. By KAren Kubby.
Karen was a friend of the Shaws even before the shooting. Thus, her
response has been, probably to a degree that cannot be measured, personal
as well as political. She is an intelligent, forceful advocate for those
issues she cares about. But she will also admit that her "style" might
be different from other councilmembers.
As for me, my style is to work privately with councilmembers or the
public to fashion some workable answer to a problem. Something that a lot
of people can agree on. Sometimes that approach works, sometimes not. The
problem with this CC is that not enough other CC members want to talk
privately, and honestly, about their concerns. That is why a strong Mayor
is important. Someone who can work behind the scenes to bring CC members
closer together. Naomi Novick is not that person. But, to be blunt,
neither is Karen Kubby. For THIS particular CC, Ernie Lehman should be
mayor. But, that's another debate.
The distinction between me and Karen also illustrates another
problem with this CC and how we function as a group. Karen and I have
different styles, but we both need to have the same goal: we need to make
the whole CC work better and therefore look collectively better. You
might argue that an individual CC member does not have an obligation to
make the others look good. But, to achieve our individual agendas, we
need to bring others along with us. One vote might get public praise; four
votes gets a tangible result.
This Council, as a group, made lots of mistakes in the aftermath of
the Shaw tragedy. Those mistakes are the sum of our individual failings.
But a never-ending, obsessive preoccupation with what we did wrong will
eventually become an even bigger mistake.
Where do we go from here? Not just the CC, but also that concerned
and outraged public.
First, we need to put the Police Citizen Review Board into place.
The CC set a 90 day deadline for itself, and we have progressed
remarkably fast. Soon, the public will have an opportunity to help us
fine-tune that Board.
The IC Police Department had less than a dozen complaints filed
against it last year. Less than a dozen
with the public. Still, a PCRB is now a
public confidence in the Department.
But, let me go back to how I began
does not mean I am going to start over.
out of probably 50000 contacts
necessity in order to restore
this posting. (Calm down, that
Patience, we're close.) To my
comment about those "one-sided, heavy-handed, and self-defeating" public
pronouncements by certain people.
The public, as well as the CC, has a responsibility to help "heal"
this community. Rhetoric that borders on being a caricature of the 1960s
is not helpful. Calling the ICPD "murderers, racists, thugs"...saying
that "we live in a police state, that cops have a license to kill, that
we ought to be more afraid of the police than the criminals .... "those
sentiments, as intensely as they might be felt, are .... wrong.
I urge all of you to get the internal report on this incident that
was prepared by the ICPD. (If you are too cynical to trust anything
prepared by them, you are only going to be f~strated for the rest of
your life) Read the interrogation of Jeffrey Gillaspie. If you still
believe that he is a "murderer" after you read his response, then, to be
candid, you will never allow this community to be healed. Your call for
justice is actually a call for revenge.
Should Gillaspie have criminbal charges filed against him? Exactly,
what is "just" in this case? How is the memory of Eric Shaw honored by
the imprisonment of Gillaspie?
Did Pat White do the right thing? I was surprised by his decision.
I thought Pat would feel the political pressure to charge Gillaspie with
something. I under-estimated him.
A week before his announcement, Pat was praised by Jeff Cox in a
letter to the PC. Jeff said that Pat was one of the few elected
officials who understood their responsibility to the public. Responsible
one week; irresponsible the next?
My point is not that Pat White is a hero, or even that Pat White was
correct. But the response to Pat is more proof that there is no simple,
clear, and singularly "right" answer in this case, no agreement about
"real justice."
I appreciate the patience of those who have waded through this long
statement by me. I wanted to add another layer to this debate, not to
simplify it.
Thanks for reading, and listening.
Date: Sun, 13 Oct 1996 13:17:26 -0600
From: john robertson <jroberts@inav.net>
To: bakerl@blue.weeg.uiowa.edu
Subject: Re: Shaw shooting (long response)
Lary, thanks for your insightful and detailed account of the CC in the
wake of the Shaw killing. I appreciate your concern and understand your
approach towards this issue. I also join you in believing the response
of the City initially was clumsy at best and perhaps fatally flawed.
Certainly the "war footing" didn't help anything. Clearly the old
council would have been more assertive, and its co~,Elents more tactful.
I am a practicing attorney in Johnson County, where much of my work
involves criminal defense, In addition, I teach in the criminal justice
program at Mount Mercy College in CR, and have since 1978 worked in and
around the criminal justice system (until 1990, primarily in the
juvenile justice arena). My wife and I have lived here for approximately
five years, and consider IC our permanent home.
In my brief law practice experience here in Iowa City, I have had the
opportunity to see a different side of the criminal justice system. From
that, I have become quite concerned about many of the normal operating
procedures and practices in the ICPD. Many of my criminal clients
express anger about their law enforcement experience. Much of that can
be chalked up to the typical me versus them attitude criminal defendants
often display. But I also see quite a number of indications that should
and do raise concern. First, although many of my clients arrested by the
ICPD tell me things that raise concern, very few of my clients arrested
by Coralville officers, or JC Sheriff's Deputies report the same
experiences. Second, I do not know of a single criminal defense lawyer
who does not have the same experience. Third, many of the complaints
raised by clients are of a kind that I think would not be made up. Like
my drunk driving client who told me the officer gave the breath test
BEFORE giving the field sobriety test. Or, the client who reported being
physically assaulted by an ICPD officer two years ago.Or the street
person I had who was run over by a car. The independent witnesses
initially reported that my client was drunk. But the investigator we
hired found out from the witnesses that they said he was drunk because
the responding officer told them the client was drunk when he took their
initial statements. Or, the client accused of indencent exposure who was
arrested after an off duty officer spent three days peeking in his
windows and videotaping him, all without the complete knowledge or
permission of the Department. Or the elderly woman who told about the
officer who pulled her over for a minor traffic offense and then
verbally abused and cussed at her when she became confused. Or the
friend I have who the other day was stopped by an officer for riding her
bike on the sidewalk and grilled for ten minutes about her physical
attributes, place of business, etc. Or the officers in uniform in the
courthouse, the day after the CC demonstration meeting, who were
overheard bad mouthing Eric Shaw and the citizens who were upset.
These stories surely cannot all be dismissed. Nor is my concern directed
at raising hostility towards the ICPD. Indeed, MOST of my clients do not
raise conerns and almost all my professional experience with the ICPD
has revealed them to be professional and proper in all regards. But I do
think there is plenty of evidence that problems exist. Certainly in the
wake of the Shaw killing and the assorted other war stories we now know
about, it is in everyone's best interests for the City and the community
to intervene to ensure whatever goes on in law enforcement fits our
co,m~n notions of fairness and quality. Therefore, I believe what is
needed goes beyond the formation of a citizens review board and
accredidation.
I support and ask your support for the formation of a Police Commission
geared towards reviewing and assessing the practices of the Department
on an ongoing basis. That entity ought to first review a host of
materials regarding crime in Iowa City, policies and procedures of the
Department in response to that crime rate, training requirements, etc.
Second, the Cor~mission should authorize, in conjunction with the
Department and City leaders, a range of policy initiative designed to
ensure that the Department's activities fit and are congruent with the
needs and values of the community. Having a policy requiring officers to
enter buildings with their ~uns drawn clearly does not fit the needs and
values of IC. having officers contact business and homeowners and then
proceeding with caution and patience does fit those values.
Likewise, I think there is a strong need for expanded connectedness
between the Department and the community. This canbe accomplished in a
variety of ways. The adoption of community policing principles not just
in an experimental way but across the board ought to occur. The
development of a reserve officer system should also be considered. The
community academy program should be expanded. Consideration should be
given towards shifting police resources away from controlling student
behavior (which focuses primarily on petty offenses and eats up
tremendous resources) and towards establishing and enhancing the law
enforcement in the larger community. Officers should be trained not to
issue citations and arrests for many of the offenses now routinely
charged (example: interference with official acts) but instead to
utilize discretion and a more constructive problem solving approach.
I don't want to ramble anymore, so I'll end this note. Thanks again for
your post and your concern.
John Robertson
Date: Sun, 13 Oct 1996 20:02:52 -0500
From: James Walters <jpwalter@blue.weeg.uiowa.edu>
Reply to: JC-NEWS@netins.net
To: JC-NEW$@netins.net
Subject: Re: L. Baker comments
<snip>
> The IC Police Department had less than a dozen complaints filed
>against it last year. Less than a dozen out of probably 50000 contacts
>with the public.
This really says nothing about the merits of those particular complaints
or whether it is likely that complaints will be filed in a community where
they are unlikely to be listened to.
<snip>
> The public, as well as the CC, has a responsibility to help "heal"
>this community. Rhetoric that borders on being a caricature of the 1960s
>is not helpful. Calling the ICPD "murderers, racists, thugs"...saying
>that "we live in a police state, that cops have a license to kill, that
>we ought to be more afraid of the police than the criminals .... "those
>sentiments, as intensely as they might be felt, are .... wrong.
<snip>
Well, yes, that's true. But there is another side to this. As hard as it
might be for Councilperson Baker to visualize any implicit threats to his
person being white, middle-aged, well-heeled, properly ID'd, driving a
nice car, etc. - from the ICPD, there is a series of nagging incidents (the
Honore, Monter Glasper, and Dodge Cleaner incidents come i~,,~diately to
mind) that suggest some very real problems in this department. I don't want
the ICPD to treat my son - a black teenager - any differently that they
treat Mr. Baker. Do you think I sit at home, confident that this will
happen? Nope.
The buck in the police department should stop on the chief's desk. When
something happens on the chief's watch, it is his responsibility. The
council doesn't seem to have the spine to point this out - and they're not
getting any help from the city manager, county attorney, or anyone else.
How about doing one thing? When this chief arrived in Iowa City, one of the
first things he did was to hang shotguns in the windows of all the patrol
cars. A cheap, and almost obscene gesture in a community where street crime
consists mostly of jaywalking. How about putting those ~uns back under the
seat? And maybe the silly dark glasses could go too?
Jim Walters
Date: Sun, 13 Oct 1996 18:49:05 -0500
From: Gary Barrett <garyb@DHINTERNET.COM>
Reply to: JC-NEWS@netins.net
TO: jc-news@netins.net
Subject: More on the IC police rules
A question NEVER answered in the internal affairs report:
1. The "Use of Force" model by the IC Police Department and the
department's rulebook state that deadly force is NOT to be used
except as a last resort.
2. In the internal affairs report, the three officers involved
in the investigation of a possible breakin at Iowa Vending-Troy
Kelsey, Jeffrey Gillaspie and Darin Zacharias, all stated they
had their guns "unholstered" or drawn-meaning they were poised
with fingers on the triggers of those Beretta .40 cal. weapons
prepared to fire.
3. In his sworn statement to the DCI and Pat White, Jeffrey
Gillaspie said: "Our standard operating procedure on open doors
is for our personal safety and stuff we don't--if there is a
bad guy and stuff, we don't announce that the police are here and
we are coming in, and the reason we don't do that is because
we don't want to give them the opportunity to--the opportunity
to, I guess, have a tactical upper hand on us..."
4. ONLY Officer Gillaspie was found to have violated police
procedure-even though all three did NOT use verbal warnings or
other means of assessing the situation before they drew weapons
(and remember, the policy says weapons drawn means they must
e~qoect to kill) and prepared to enter.
Question to Chief Winkelhake and the city council: WHY is
Gillaspie singled out? WHY weren't Kelsay and Zacharias
at least given reprimand for drawing weapons at a scene where
it could NOT be determined that a threat existed? IS is the
"unwritten policy" of the department for officers to not
give verbal warning as Gillaspie stated in his sworn statement,
and if so, WHY when the written policy clearly puts warnings
as priority to use of force?
(By the way, all of the information I've quoted is available
in the Iowa City Police Deparment's "Internal Investigation
Report No. 96-35 Internal Affairs Investigation Register"
made public on Friday by the Iowa City City Attorney's office
and you're encouraged to request a copy-it's public record-
for reading)
Gary Barrett
KCRG Newsradio1600
Date: Sun, 13 Oct 1996 23:24:09 -0500 (CDT)
From: jeff cox <jlcox@blue.weeg.uiowa.edu>
Reply to: JC-NEWS@netins.net
To: jcnews <JC-NEWS@netins.net>
Subject: complaints about the police
I would like to respond to one point in Larry Baker's interesting article
on the Shaw affair. He asserts that there have been fewer than a dozen
complaints about the police durin9 the last year. He is referrin9 to the
Police Department's own account of how many complaints they have received
directly.
A few years ago I served as President of the Hawkeye Chapter of the Iowa
Civil Liberties Union. In that capacity, I received at least one
complaint a month about the police. At least that's how I remember it--my
spouse claims it was more. It is not easy to find out the name of the
president of the Hawkeye Chapter of the Iowa Civil Liberties Union. We
have no phone listing, and none of our literature encourages people to
call us about the police. I was usually forced to tell the callers (after
listening sympathetically) that there is no place to complain about the
police in Iowa City, except to the chief of police. That is obviously
unsatisfactory, since the callers feared retaliation from the police. The
Human Rights Co~Lu~tission is not set up to deal with routine complaints
about the police unless they fall under some fairly narrow legal
categories. Under our system of city government, and according to
conventional wisdom about how a city council member should behave, a
member of the city council can do little more than a citizen, i.e. go
directly to the chief of police. An active city council member who took
an aggressive role in the area of police complaints would of course soon
be ostracized by the city council majority, insulted by an angry white
male on the council, and condemned in a Press-Citizen editorial. I
usually advised callers to consult an attorney if they were unwilling to
complain to the chief of police.
The current president of the Hawkeye Chapter, Barbara Eckstein, is
receiving far more than one complaint a month, and I believe several a
week. If obscure, and powerless, civil libertarians are receiving
complaints in a larger volume than the police force itself, it's
reasonable to conclude that there is a problem. But you can be certain
that a proposal for a civilian board of review would have gone nowhere
before a police officer recklessly, and without provocation, 9unned down
an innocent citizen. Larry Baker's deference to the police in answering
the question, "how many complaints are there about the police per year?",
is just more evidence of the council's ne91igence in supervising the
police, and their broader negligence in deferring to "professionals" in
matters of city government.
This is not a problem that is limited to city government. When the
central administration of the school district (i.e. Barbara Grohe and Tim
Grieves) brought forward jointly with Chief Winkelhake a proposal to put
an armed police officer in each of our two junior high schools, a majority
of the school board was privately opposed to it. But only one member of
the board, Betsy Hawtrey, spoke out in public (and she was defeated in her
re-election bid last month) The others closed ranks, stood together
with those in authority, praised school administrators for their hard work
on this matter, and refused to vote the measure up or down. Instead they
let the issue fester for months before it finally died out of sheer public
hostility. That is not the way elected officials should behave. It is
their responsibility to speak for the community to those who govern us,
i.e. unelected (for the most part) professionals. That is what Karen
Kubby has been doing, and no one else on the council.
The proposal to put a police officer in each junior high, by the way,
would almost certainly have gone through if Chief winkelhake had agreed to
leave the weapons outside. That is what the school board hoped he would
do, so they could resume their habit of rubber stamping any proposal
brought forward by respected leaders of the co,unity. But the police
department argued that "professional" police officers always carry
weapons. Officer Lalla, the department's "gang" specialist, told an
assembled crowd of anxious and angry parents at South East Junior High
that, for a police officer, carrying a weapon in school was "no big deal".
That I believe is more evidence that "professionalism" is not the solution
to the problems of the police department, but a large part of the problem.
The police department does not need accreditation; it needs supervision by
those elected to supervise it.
Jeff Cox
~RRY E. BRANSTAD. GOV~:RN0~
October 14, 1996
Terry Trueblood
Parks and Recreation Department
220 South Gilbert
Iowa City, IA 52240
DEPARTMENT OF NATURAL RESOURCES
LARRY J. WILSON, OiRECTO~
Dear M~. Trueblood:
Congratulations!! A REAP City Parks and Open Space grant has been awarded to the City of
Iowa City for the Iowa River Dam Trail Connection project. The amount awarded is $142,000.
This amount is $8,000 less than requested because there are not sufficient funds in the REAP
account to fund the entire request. The unfunded portion of the project will be first on the reserve
list. Kathleen Moench from the DNR Budget and Grants Bureau will be sending a grant
agreement to you soon. This agreement is the formal contract between our two agencies that
governs the actual transfer of funds. General information on how to proceed with grant
processing will also be included with the agreement.
I have attached the matrix that presents scores for each criterion for all.city applicat!ons that were
submitted for the August 1996 round of REAP grants. The number m each box ~s the average
score of the 5 members of the project review and selection committee. Each member used a
range of 0 to l0 for each criterion to score the projects. The weight factor, or multiplier shown
on the top of each column is also reflected in the scores. Following is an example of a calculation:
Criterion: Quality of Site and/or Project
Weight factor: 3
Scorer #1 - 8
Scorer #2 -- 6
Scorer #3 -- 8
Scorer 04 -- 5
Scorer #5 -- 9
TOTAL .....36 X 3 (weight factor)= 108
Number placed in box: 108/5 = 21.6
NOTE: This example box has 30 total possible points.
I have also attached a brief description of all city projects that are receiving a grant from this
round. Thank you for your interest in REAP.
Kevin R. Szcodronski
Coordinator
Resource Enhancement and Protection Program (REAP)
WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 / 515-281-5145 / TDD 515-242-59~7 / FA~ 515-281-8895
3N,,3
October 16, 1996
Julie Furmeister
151 West Side Dr.
Iowa City, IA 52246
Re: Your concerns about traffic on West Side Drive
CITY OF I0 WA CITY
Dear Ms. Furmeister:
Information from your discussion with John Yapp of our department was forwarded to me for
response. I have also reviewed the correspondence sent to you by Joe Fowler, City of Iowa City
Director of Parking and Transit, regarding bus service in your neighborhood. I believe Joe has
satisfactorily stated the City's position, indicating that overall there has been a positive response
to the operation of transit service on West Side Drive.
With respect to traffic conditions on West Side Drive, I would like to make a generalization at the
beginning of my comments which pertains to all of your concerns. The City attempts to provide
a transportation system to the citizens of Iowa City which is above all other things, safe. This
system includes transportation for cars, trucks, buses, bicyclists, and pedestrians. We take our
commitment to safety very seriously and are always evaluating ways to make streets and side-
walks safer for all users of the transportation system. We evaluate changes to traffic control
systems very carefully; proceeding only if there is a reasonable expectation that a modification will
help alleviate a documented problem. This can be frustrating to citizens such as yourself, when
it appears that the City will not take an action that seems to make all the sense in the world from
your perspective.
A good example is the use of stop signs to slow down traffic in residential neighborhoods. We
constantly receive requests from neighborhoods for stop signs to slow down traffic. A study at
a location a few years ago showed that installation of such a stop sign actually increased the
speed of traffic. Motorists were so annoyed by what they perceived as an unnecessary stop sign,
that they sped away from the intersection, and 100 feet down the road were actually going faster
than they were before the stop sign was installed. Conflicts between motorists, bicyclists, and
pedestrians will always exist in an urban environment; try as we may, we cannot ever completely
eliminate them.
will now attempt to address each of your points which were forwarded to me.
Need to have speed limit $i,~lns within the neighbo,hood. Most of the City's speed limits signs are
located on arterial streets, which are the major thoroughfares. These are the streets that have the
most traffic, and also have the most variation in speed limits. The speed limit on all local residential
streets in Iowa City, except school zones, is 25 miles per hour. This is established by Title 9,
Chapter 3 of the City Code. Although it is not unheard of to post a speed limit sign on a residential
street such as West Side Drive, this is typically met with resistance from the person in whose yard
the sign would be placed. If there is an ongoing problem with motorists exceeding the speed limit
on West Side Drive, the City may evaluate installation of a speed limit sign.
There needs to be batten enforcement of the speed limit. There have been additional officers
added to the police force in the past year to address neighborhood concerns including speeding
Ms. Furmeister
October 16, 1996
Page 2
traffic. I will indicate to the Police Department that there is a desire for increased enforcement on
West Side Drive.
Eliminate on-street perking o/~ Wast Side Olive. In the correspondence you received from Joe
Fowler, it is noted that in 1994 on-street parking on West Side Drive was eliminated from the
inside portion of the street. On-street parking remains on the outside portion of West Side Drive.
The City provides streets for the movement of motor vehicles, bicycles, and pedestrians. Whether
or not there is on-street parking is largely a decision of the adjacent neighborhood. When there
is a request to have on-street parking removed, we send a survey to the affected residences or
businesses to see what everyone's opinion is. From my experience in other neighborhoods, I
would be very surprised if the residents of West Side Drive would vote to have on-street parking
eliminated entirely. We typically find that residents in neighborhoods like yours prefer on-street
parking on at least one side of the street. If you feel I have reached this conclusion in error, let me
know and we may be able to survey your neighborhood to see how people feel about eliminating
on-street parking.
I would also point out, since you have concerns about speeding traffic, that on-street parking
creates what we call "side friction" as one proceeds down the street. This has the effec~ of
slowing down traffic. I can almost guarantee you that if we were to eliminate on-street parking
it would cause an increase in the speed of motor vehicles on West Side Drive.
Install "watch for children" signs. You will find municipalities generally do not install these types
of signs because they create a false sense of security. Just because a sign of this nature is
installed does not mean there will be the desired effect on traffic, nor should children be led to
believe they can be any less cautious.
Install marked crosswalks for ch#dren. Crosswalks are installed at controlled intersections {traffic
signal or stop signs) and in school zones, and serve two purposes: to guide pedestrians in the
proper path to cross the street, and warn motorists of a pedestrian crossing point. As a rule we
install crosswalks at intersections where there is substantial conflict between vehicles and
pedestrian movements. Crosswalks are not usually installed in residential neighborhoods except
in school zones. Typically in residential zones pedestrians cross the street somewhat indiscrimi-
nately; if you are going to walk across the street to your neighbors house you will walk directly
across the street and not go to the end of the block to cross at a crosswalk.
Ms. Furmeister, I realize you will not agree completely with these responses; however, I hope they
will provide you with some basis for the City's position on traffic control in your neighborhood.
Give me a call at 356-5252 if you have any questions.
Sincerely,
Jeff Davidson, Assistant Director
Department of Planning and Community Development
CC,*
City Council
City Manager
Department of Public Works
Im~jd 1014.wp5
Iowa Dept. of Human Services
9/96
DESK AID
COVERAGE
GROUP
Food Stamps
Regular
Welfare R~form
FIP and
riP-Related
Medicaid
RESOURCE
LIMIT
if age 60 or older
$2,000 all other
applicant HI{ Gross
Net
$5,000 per
participant HH Allot.
Welfare Reform
$2,0~9 per
applicant HH
$5.0~0 per Test 1
recipient HH
Test 2
Regular
$1.000 per HH Test 3
Mothers and $10,009 per
Children (MAC) HH
Medically Need)'
SSI-Related
Medicaid
$10.000 per
HH
$2,000 for 1
.$3.000 for a
couple
Poverty
Level
Pgwm~
Infants
133%
Children
1-5
109%
Children
6-18
Born after
9/30/83
Specified Low-
Income Medicare
Beneficiaries
· 'M.0O0 for 1
$6,000 for a
couple
Poverty
Level
100~ but
not over
120%
Qualified
Medicare
Beneficiaries
(QMB)
Qualified
Working and
Disabled
$4.000 for
$6,000 fo~ a
couple
$4.000 for
$6.000 for a
couple
INCOME LIMITS
Household Size
1 2 3 4 5 6 7
$ 810 $1087 $1364 $1642 $1919 $2196 $2474
$ 623 $ 836 $1050 $1263 $1476 $1690 $1903
$ 119 $ 218 $ 313 $ 397 $ 472 $ 566 $ 626
Household Size
1 2 34 5 6 7
$ 675.25 $1570.65 $2020.20 $2469.75
$1330.15 $1824.10 $2249.60
$ 365 $ 719 $ 849 $ 986 $1092 $1216 $1335
$ 183 $ 361 $ 426 $ 495 $ 548 $ 610 $ 670
Household Size
1 2 34 5 6 7
$1194 $1598 $2092 $2405 $2809 $3213 $3617
$ 858 $1149 $1439 $1729 $2020 $2310 $2601
$ 645 $ 864 $1082 $1300 $1519 $1737 $1955
Medically Needy Income Level (MNIL)
Household Size
1 2 3 4 5 6 7
$ 483 $ 483 $ 566 $ 666 $ 733 $ 816 $ 891
1
$ 470
Household Size
2 (Couple in own home)
$ 7O5
Family Size Income Over But no More Than
1 $ 645 $ 774
2 $ 864 $ 1036
I Poverty Household Size
Level 1 2
100%
$ 645 $ 864
1 Poverty Household Size
Level 1 2
200% $129t) $1727
Medicare Part ; Premium
(Effective 1-1-196 .$42.50
AGENDA
DOWNTOWN STRATEGY COMMITTEE MEETING
THURSDAY, OCTOBER 24, 1996
4:00 P.M. - 6:00 P.M.
ROOM 202 - SENIOR CENTER
A. Introductions
B. Review of Committee's Charge and Committee's Process
C. Brainstorming Session
D. Schedule Next Meeting
E. Adjournment
Any questions about Downtown Strategy Committee activities or agenda items may be
referred to David Schoon, Economic Development Coordinator, at 356-5236.
DOWNTOWN STRATEGY COMMITTEE
PERSPECTIVE
Downtown Retailer ....................................
Downtown Service Provider ........................
Downtown Property Owner ........................
Old Capitol Mall Representative ..................
Restauranteur/Bar Owrler ...........................
UI Administrator ........................................
Libraly Board Member/Patron ......................
Downtown Worker ....................................
Downtown Worker ....................................
UI Student ................................................
User of Downtown ....................................
User of Downtown ....................................
Architect/Designer .....................................
Person from the Arts Community ................
Senior ......................................................
Young Person ............................................
COMMITTEE MEMBER
Victoria Gilpin
John Gross
Dick Summerwill
Gary Lundquist
Nancy Burhans
Joanne Fritz
Stephen Greenleaf
Bruce Sottell
Suzanne Gleason
Marc Beltrame
Gretchen Holt
Bob Finch
Marty Haynes
Shirley Wyrick
Marge Dane
Matt Hirst
f:\downt won~dcrnernber.doc
?m IO~A CIT~ CLE~ Fzoa, Jo Ilogart~; 10-14-96 9~07am p. 2 of 3
J~ ~unly
Don Schx, Chairperson
Joe Bolkcom
Charles D. Duffy
Steph~n P. L~cina
Sally Slutsman
BOARD OF SUPERVISORS
October 15, 1996
INFORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Review of the formal minutes of October 10th.
3. Business from the CounOy Engineer.
a) Discussion re:
b) Discussion re:
hearing.
c) Discussion re:
d) Other
Kansas Avenue Bridge and construction budget.
Muscatine County Line Bridge and set date for public
Tri-County Bhdge.
4. Business From the Board of Supervisors.
a) Discussion re: Intermodal Surface Transportation Efficiency Act
projects.
b) Discussion re: designation of floating Christmas holiday for Board of
Supervisors office.
c) Reports
cD other
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 522,14-1350
TEL:(319)356-6000
FAX: (319) 356-6086
Agenda 10-15-96
Page 2
2:00 p.m. ~ 3:00 p.m. - Department Head Meetin~
a) Review of budget memo sent to Depm~ment Heads.
b) Discussion of the following:
1. Staff Training
2. Capital expenditures
3. Space needs
4. Family Medical Leave Act
¢) Discussion of meeting with areas legislators.
d) Reports/updates from Department Heads.
e) Other
0 Adjourn.
Discussion from the public.
Recess.
BOARD OF SUPERVISORS
October 17, 1996
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
3.
4.
5.
Action re: claims
Action re:
Action re:
formal minutes of October 10th.
payroll authorizations
Business from the County Auditor.
a) Action re: txa'nfits
b) Action re: xeports
1. Clerk's September monthly report.
2. County Auditor's quarterly report of fees collected.
3. County Recorder's quarterly report of fees collected.
c) Other
6. Business from the Planning and Zoning Administrator.
a) Final consideration of application of Z9445 of Albert and Shirley
Westcott.
b) Final consideration of application ofZ9618 of Joe and Karen Steffens.
c) Final consideration of application ofZ9637 of Thomas Dupler.
913 $oLrrH DIJBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350
TEL:(319)356-6000
FAX: (319) 356-6086
Agenda 10-17-96
Page 2
d) Final consideration of the following Zoning Ordinance:
o
An amendment to the Johnson County Zoning Ordinance by
deleting 8:1.22:X 2.(&, and adding a new 8:1.22:X 2.(d. [At no
time shall approval be granted to developments which include lots
containing less than 50 percent of the lot area required, unless such
a development is in an RS-3, RS-5, or RS-10 District.
Developments in an RS-3, RS-5, or RS-10 District may include
lots containing less than 50 percent of the required lot area, but not
less than one (1) acre, provided that such developments utilize a
"public water system," as defined by Chapter 455B. 171(17), Iowa
Code (1995). All systems are to be considered public water
systems, but when a development has less than fiiteen (15) service
connections or regularly serves less than twenty-five (25)
individuals, pexufitting and monitoring will be in accordance with
requirements prescribed by the Johnson County Board of Health.
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8:1.9B RS-5 Suburban Residential
District. Pc,~fitted Uses: The use of premises in the RS-5
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Premises in the RS-5 District shall be restricted to those
accessory uses peri,fitted in article 8:1.20.
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8.1.9C RS-10 Suburban Residential
District. Permitted Uses: The use of premises in the RS-10
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Premises in the RS-10 District shall be restricted to those
accessory uses permitted in article 8:1.20.
An amendment to the Johnson County Zoning Ordinance by
adding to chapter 8:1.25 Area regulations. a new line, RS-5 100 5
acres 5 acres* *
An amendment to the Johnson County Zoning Ordinance by
adding to chapter 8:1.25 Area Regulations. a new line, RS-10 100
10 acres 10 acres * *
Agenda 10-1%96
Page
e) Motion setting public hearing for Zoning and Platting applications and
a Conditional Use Permit.
0 Other
7. Business fi'om the Assistant Planning and Zoning Administrator.
a) Discussion/action re: the following Platting application:
1. Application S9625 of Joe and Karen Steffens, signed by Karen
Steffens, requesting preliminary and final plat approval of Deer
View Subdivision, a subdivision described as being located in the
NE 1/4 oftheNW 1/4 of Section 17; Township 81 North; Range
7 West of the 5th P.M. in Johnson County, Iowa (This is a 3-1ol,
14.42 acres, 1-1or farmstead split and 2-1or residential subdivision,
located on the east side of Cou Falls Road NW, approximately 1.0
mile south of Swisher, Iowa m Jefferson Twp.).
Business fi:om the County Attorney.
a) Report re: other items.
Report/discussion fi"om Sher Hawn, Program Director for Employee
Wellness/Commtmity Health Promotion re: Johnson County Cardiovascular
Project.
10. Business from the Board of Supervisors.
a) Action re: appointment to the Region l0 Transit Planning Task Force.
(Ibis appointment will be a consumer for an indifferent length of time.)
b) Motion authorizing Chairperson to send a letter to the League of
Women Voters of Johnson County regarding the appointment
procedures for Boards/Commissions.
c) Action re: designation of floating Christmas holiday for Board of
Supervisors office.
d) Other
Agenda 10-17=96
11. Adjourn to informal meetin~
Page 4
a) Inquiries and reports from the public.
b) Reports and inquiries from the members of the Board of Supervisors.
c) Repor~ from the County Attomey.
Other
12. AdjouFrtmenL
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 18, 1996
City Council and Library Board
City Manager
Joint Meeting -- Wednesday, October 30
The joint meeting has been scheduled for Wednesday, October 30 at 4 p.m. in the City Council
Chambers.
Attached is a packet of miscellaneous information concerning the library project proposal. This
information has been accumulated over the last several months. Also attached is a discussion
outline which I will use as your facilitator.
Attachments
CITY COUNCIL / LIBRARY JOINT MEETING
OCTOBER 30, 1996
CITY COUNCIL CHAMBERS - 4 P.M.
DISCUSSION OUTLINE
Introduction
· All of the people at the table are equal. While differing responsibilities generate different
interest, that is the City Council and Library Board have very different agendas, one
narrow, one broad; for the purpose of this discussion each person represents one "vote",
as an equal participant.
We will use consensus as a means to arrive at a resolution of issues. Consensus is
defined as general agreement, an opinion held by all or most. If judgement of the
facilitator is questioned during the process, a formal vote/showing of hands/majority rule
will be used.
What are the areas of discussion that are off limits? It is to be a facilitated discussion of
a capital project proposal, not a question of library operating policies or procedures.
Legally defined relationship with the Library Board to the City Council is not in question.
How to change operating services to fulfill the demand for expanded service capability is
not part of today's question.
1. We have an agreement from the group that the library needs to expand its services and
facilities.
The specific purpose of this joint facilitated session is to arrive an acceptable. ~!an/strategy
for a City capital investment to provide expanded/improved library service. Expansion
means the ability to meet new service demands for capital investment in facilities.
3. What are the elements of the expansion project that are cdtical to the success of the
proposed project? Who are the interests that we serve?
4. What are the priorities of each of these elements?
5. What are the inhibiting factors we are presented with concerning the project proposal and
priorities?
6. What are the positive factors we are presented with?
7. Review each of the factors, positive and negative, and balance factors leading to a
plan/strategy.
8. How do we achieve community support for the proposal?
2
MISCELLANEOUS FACTS, FIGURES, AND INFORMATION
CONCERNING THE LIBRARY PROJECT PROPOSAL
· Library space needs and alternatives report
· Downtown City-owned property (map)
· Timeline: Expansion/renovation
· Expansion alternatives summary
· Background information memo -- May 24, 1996
· Library project issues memo -- June 11, 1996
· Cost to build under mall memo -- July 10, 1996
· Answers to questions raised by Councilors -- July 12, 1996
· Library building maintenance needs -- July 17, 1996
· Library building repairs --August 30, 1996
IOWA CITY PUBLIC LIBRARY
LIBRARY SPACE NEEDS AND ALTERNATIVES
July 7, 1993
UPDATED
October 3, 1996
David R. Smith
Consulting Librarian
TABLE OF CONTENTS
Page
Summary ............................................................... S - 1
Findings, Conclusions ............................................... S - 1
Recommendations ................................................ S - 3
Introduction ......................................................... 1 - 1
City Planning Considerations ........................................ 1 - 2
Population Projections, 1980 - 2010 ................................... 1 - 3
Library Space Projections ................................................ 2 - 1
Library Building Expansion Altematives ...................................... 3 - 1
Expansion on the Present Site ....................................... 3 - 1
Expansion of the Library on to Adjacent Property ......................... 3 - 1
Branch Library(s) ................................................. 3 - 2
Bookmobile Service ............................................... 3 - 3
New Central Library ................................................. 3 - 4
Conclusions ....................................................... 3 - 4
ACKNOWLEDGEMENTS
1993
Iowa City Public Library Space Needs Assessment
The individuals and groups noted provided both information and insight to the study of the space
needs of the Iowa City Public Library.
Facilities Planning Committee
Stephen Greenleaf
Anne Hatgrove
Kent Swaim
Charles Traw
Susan Craig
Lolly Eggers
Debb Green
Carol Spaziani
Iowa City Public Library Staff and Board
Community Rer~msentatives
Steve Atkins, City Manager Art Koffron, Architect
Kadn Franklin, Director of Planning
1996 Update
Iowa City Public Library Board
Charles Traw, President
Margaret Cox
Stephen Greenleaf
Philip Hubbard
Mary McMurray
Mark W. Martin
Jesse Singerman
Anne Spencer
Jim Swaim
Susan Craig, Library Director
SUMMARY
Recognizing the growing shortage of space and other related library building problems, the Iowa City
Public Library Board initiated this study of library building needs in 1993 to determine the best
alternative for the future. A Facilities Planning Committee working with a consulting librarian
gathered and reviewed information related to the public service needs of Iowa City through 2010.
This report was reviewed and updated in August of 1996 to insure its accuracy and timeliness.
Since 1993, two of the alternatives proposed in the odginal study (adding a third floor and moving
west) have been pursued through the schematic design/cost estimating phases. That information
is now included in this report.
FINDINGS - THE EXISTING SITUATION
The Iowa City Public Library has experienced heavy and increasing use over the past fifteen
years. 67% of the library service area population have library cards and the annual per
capita circulation of materials is 13 items for every service area resident. These measures
of use place the Iowa City Public Library among the most productive public libraries in the
country.
Iowa City is the fastest growing area in the Upper Midwest. The current 1990 census library
service area population of 77,122, an increase of 16% since 1980, is projected to grow to
86,404 (12%) by 2000 and 94,651 (9.5%) by 2010.
The present, 47,350 square feet, 1981 library building was downsized during planning,
approximately 4,135 square feet, from the programmed library of 51,485 square feet de-
signed to serve a population of 70,000.
The library build!ng was designed so that an additional 7,200 square feet could be added to
the partial second floor. [A 1993 structural analysis found that with reinforcement, the
building could accommodate a partial or complete third floor for a potential total building area
of approximately 79,000 square feet. This proved to be a very expensive option.]
CONCLUSIONS - LIBRARY SPACE NEEDS AND ALTERNATIVES
A variety of new services and the impact of advancing technology has resulted in increased
space required to accommodate new library material formats such as CD's and videos and
new information sources - Internet, CD-ROM, databases and automated catalogs. At the
same time, the publication and acquisition of print materials has reached new highs. The
library collection is projected to grow by 11.5% in the next ten years.
Both the population the Iowa City Public Library was designed to serve and the original
conservative space per capita projected, .7 of a square foot, were exceeded before 1990.
Based on the population, use and service projections of the library, a minimum per capita
library space allocation of .8 square feet, should I~e used in planning.
S-1
The "shortfall" in library space needed based on minimum population projections ranges from
19,000 square feet in '1996 to 27,500 square feet in 2010.
Population
Gross Library AreQ
Additional Library
Space Needed
1990 77,122 x .8 61,700 14,350 sq. ft.
2000 86,404 x .8 69/123 21,773 sq. ft.
2010 94,651 x .8 75,720 28,370 sq. ft.
To meet library building needs, the Iowa City Public Library should add 21,773 square feet
of space by2000 and possibly an additional 6,597 square feet (total of 28,370) square feet
by 2010 depending on the impact of technology and the actual population growth.
The addition of library space can be accomplished in the following way:
Expansion - Off-site to Adiacent Proper'b/. Of the four alternatives - across the alley to the
north, across College Plaza to the south, underground to the south, or on to commercial
property to the west - design considerations, cost and availability of property eliminate all
but possibly the west expansion from further consideration.
Expansion - On-site. The completion of the second floor and the addition of a complete third
floor would bring the library within approximately 5,000 square feet of the projected 2010
minimum space needs. However, the cost of reinforcing the existing building is considerable
and the possibility of maintaining library service from the facility during construction is
unlikely.
Branch Libraries. Due to the compact library service area, the strong city commercial and
service center and the fact that concentration of library resources will result in their best and
most efficient use, the consideration of branch libraries should be delayed until the using
population exceeds 100,000 and has dispersed substantially beyond the present two-mile
radius of the library. The development of branches may then be a suitable long-range
expansion altemative.
Bookmobile Service. A bookmobile would not alleviate library space needs but could be
used to enhance services to special populations such as children and the elderly.
A New Central Library
A new library in the immediate vicinity of the existing library could be designed to serve long
term community needs with long term expansion capability. The existing library could be
converted to other uses. The cost of a new library building on city-owned property would be
less than expanding the existing library.
S-2
RECOMMENDATION
Since both on-site expansion and off-site have been rejected due to cost, the remaining, least
expensive and best solution is to construct a new library on an adequate site in the immediate area.
Planning will require:
Selection of another site;
Possible revision of the detailed library building program;
Architectural design and layout drawings;
Further engineering cost;
Detailed estimates of cost; and
Determining an alternate use for the existing library.
S-3
INTRODUCTION
The Camegie libraries which heralded the development of public library service in the early part of
the century have even in the smallest communities run out of sufficient space years ago. In many
cities like Iowa City, the Camegie Library was added on to one or more times and then abandoned
in favor of a new public library designed and sized to meet the needs of the present time and the
immediate future.
For Iowa City, this resulted in a 1981 47,000 square foot library serving a 1980 city/county service
area population of 60,347. The past fifteen years have been by any form of performance measure
very productive in terms of delivery and use of public library service in Iowa City. This success and
a vadety of other factors have resulted in a library which has been out of growing room for at least
three years. Factors which have had an impact include:
HiQh Levels of Public Libraw Use for the Existin(3 Population. The demographics in terms
of education, age, economics and location have made the Iowa City Public Library one of the
most heavily used public libraries for its size in the entire country. This places demands on
all areas.
Continuin~ Population Growth. The service area population increased by 16% from 1980 to
1990, 77,122, and is projected to increase by 12% to 86,404 in 2000 and by 9.5% to 99,651
by 2010.
Increasincl K - 12 School Enrollment. The Iowa City Community School District projections,
1993 - 2002, anticipate that "enrollments in all grades is projected to grow by approximately
700 students (8 percent growth) in the next four years with total enrollment remaining stable
at the new high level for the remainder of the decade." Total projected enrollment - 9,797
in 1995 to 10,202 in 2002.
Non-public school enrollment, 1992 - 1993, including home schoolers (55) is 953. Regina
Catholic School's current enrollment of 805 is projected to grow by approximately 30 annually
to reach 970 by 2000. The other schools also anticipate proportionate growth.
Increasing Technolo(~ical Opportunities. The library offers access to information on the
Intemet and other remote databases, as well as in-house collections of CD-ROM database
titles and multimedia. In total, over 70 computers and terminals and over 150 pieces of
audio-visual equipment are in use. Space to accommodate needed technology is very
restricted.
Growth of Staff. The staff complement needed to serve community needs has increased
from 26 FTE staff in 1981 to 30 full-time and 60 part-time staff and 75 regular volunteers.
Adequate work and service space is critical.
Shelvinq and Seatin(~ at Capacity. Seating has been reduced by over 10% due to crowding.
The library collection would exceed shelving capacity if the circulation wasn't so high.
Community Based Activities. A national trend is reflected in the Iowa City community of a
growing use of library facility for both individual and group activities. The library is a destina-
tion point, not just a place to house collections.
The Iowa City Public Library is one of the finest public libraries in the country but needs adequate
space to meet the community's needs,
CITY PLANNING CONSIDERATIONS
1-1
From the City of Iowa City Department of Planning and Community Development and the Iowa City
Comprehensive Plan as amended March 2, 1993.
Both Iowa City and Johnson County experienced an 18% increase of populations from
1980 to 1990. Iowa City became the sixlh largest city in Iowa at 59,738. Current
estimates, calculated in March of 1996, placed the population of Iowa City at approxi-
mately $4,000. This reflects an increase of about 7.5% since 1990.
Although growth continues, the rate of growth has moderated since the decade
between 1980 and 1990. Expectations are that growth will continue but at a lesser
rate than the previous decade.
A basic assumption, "the posture of the community will continue to be one of maintaining the quality
of life residents of Iowa City have come to expect while accommodating growth as it occurs."
ExistinQ Policies
Iowa City's approach to growth has been to encourage development to take place in a compact
manner contiguous to existing development.
Annexation is approached conservatively, with annexation advocated only within the twenty year
growth area where municipal services can be easily provided.
ANALYSIS
The conditions which support the maintenance of a strong central library with no branches are:
1. Under 100,000 population in the library service area;
Little dispersion of the bulk of the using population -- within 2 miles and/or fifteen
minutes of the existing library;
Central Io~tion with convenient access to the existing library with substantial public
parking available within a three block area; and
Location of existing library in the strongest retail, business and activity center of the
community.
Location of branch libraries in other high traffic areas of the community would not remedy the space
problems of the Iowa City Public Library. However, it would dilute the concentration of resources and
possibly the quality of library service.
1-2
POPULATION PROJECTIONS. 1980 -2010
Number and Percent Change by Decade
Projections from City of Iowa City Planning Department, May 1996.
Chart prepared by the ICPL.
The service area of the Iowa City Public Library estimated in 1996 at approximately 82,896 is
projected to grow to 86,404 by 2000 and 94,651 by 2010.
1980 1990 2000 2010
IOWA CITY 50,500 59,738 (18.3%) 67,000 (10%) 73,395 (10.6%)
a) Student (U of I) 18,300 21,700 (18.6%) 21,000 20,400
est. 78% of enrollment
b) Non-student 32,200 38,039 (18.1%)
JOHNSO~j COUNTY 81,960
a) Student (U of I)
b) Non-student
c) Unincorporated
46,000 (18%)
96,118 (17.3%) 107,800 (9.2%)
ICPL SERVICE POP. [1 + 2c] 66,347
59,995 (17%)
118,092 (10%)
22,600 22,000
85,200 86,092
15,847 17,385 (9.7%) 19,404 (9.2%) 21,256 (9.5%)
[19% of tctal] [18% of total] [~ 18%] [@ 18%]
77,122 (16%) 86,404 (9.9%) 94,651 (10.4%)
10,347 (35%) 11,998
2,925 (43%) 3,666
1,05o (8%)
(32%)
14,986
JOHNSON COUNTY TOWNS WITH LIBRARIES
Coralville 7,687
North Liberty 2,046
Solon 969
Oxford 663
11,378
(1%)
JOHNSON COUNTY TOWNS WITHOUT LIBRARIES
Hills 3 547 663
Lone Tree 2 1,014 979
Shueyville 3 287 ?.23
Tiffin 3 413 460
Uni,rersity Heights 3 1,069 1,042
3,330 3,366
Served by contract
(special census 1992)
(special census 1994)
Served by State reimbursed reciprocal borrowing program (Open Access)
Served by non-residential fee cards - 60 - 70 family cards
1-3
LIBRARY SPACE PROJECTIONS
Contrary to the notion of a few years ago that computers, CD-ROM's and microfilm storage of
information would see a drastic reduction in space needed in libraries, the introduction of new
technology and formats of information storage have, in fact, resulted in increased space require-
ments for libraries. There has been no diminishment in the need to acquire and store print material
and there has been a substantial increase in the materials being published within just the last
decade. The new formats require storage of a unique type plus equipment to access the informa-
tion.
Two basic methods may be used to calculate library space needs. The first method, usually done
in general planning studies such as this, calculates gross square footage needed using American
Library Association formulas established through many years of public library building activities of
this type. See the following table. The second and most accurate approach is to quantify all detailed
requirements for shelving, seating, public services and staff. This is done with the development of
a detailed written library building program for the actual planning and construction of a library
building. This method was pursued when the best alternative is identified.
Based on further building program development, the need for a 79,000 square foot central library
was determined. A 185 page building program Iowa CiW Public Library: Library Buildin(~ Expansion
Proqram was adopted in September 1994.
In the 1976 - 77 library building program of 51,485 gross square feet, .74 square feet of library space
per service area resident was provided for a design population of 70,000. The actual gross building
size was 47,000 square feet, equaling .67 square foot per capita for 70,000.
Based on what now are conservative formulas established by the American Library Association, a
minimum of .7 feet of library space per capita was right on in 1980 but now results in a shortfall
which is increasing with the growing population.
ICPL
Building Sq. Ft. Short-
Population Area Per Capita fal~l
1980-census 66,747 47,000 .7
1990-census 77,122 47,000 .61 6,985
1996 - estimate
2000 - projected
82,896 47,000 .57 11,027
86,404 47,000 .54 13,483
2010 - projected
93,600 47,000 .5 18,520
The use of .7 square feet per capita in a very active library situation such as Iowa City's is too low.
On a national basis, .8 to 1.0 per capita is viewed as more realistic. This ,serves to increase the
future shortfall of library space even further.
2000 - 86,404 pop. x .8 = 69,123 sq.ff. 22,123 sq.ff. needed
2010 - 93,600 pop. x .8 = 74,880 sq.ff. 27,900 sq.ff. needed
2-1
LIBRARY BUILDING EXPANSION ALTERNATIVES
Based on use and the physical requirements to house the library collection, users and staff, four
alternatives were examined in the 1993 Space Needs Assessment. These alternatives included:
Expansion of the Iowa City Public Library on the present site
Expansion of the Iowa City Public Library building onto adjacent property
· Branch library(s) * constructed or leased
· Bookmobile service
A fifth alternative, a new central library, has been added since 1993.
In the last five years, two of the five alternatives, expansion on the present site and expansion onto
adjacent property have been developed through preliminary schematic design and cost estimating
phases. The architectural firm of Meyer, Scherer and Rockcastle of Minneapolis and CPMI, Inc. a
professional construction management firm from Des Moines with a Coralville office have developed
these proposals.
ALTERNATE 1 - EXPANSION ON THE PRESENT SITE
In January 1995 a proposal to completely renovate and remodel the existing library building and add
27,500 square feet by finishing the existing partial second floor and adding a new third floor was
made. Construction costs were estimated at $11,525,794 in 1997 dollars. Other costs would have
added approximateJy an additional 25% to that amount.
A structural engineering report stated, "The vertical supports, including the columns and pile
foundation are designed for a two story building. The addition of a third sto~j will require major
modifications to these elements." Mechanical engineers recommended the "existing (plumbing)
system would be almost completely removed and a new system would be installed" and "the existing
HVAC system be removed and replaced." The electrical system would be severely impacted by the
structural modifications made to footings which would interrupt power distribution each time one of
the thirty five interior columns was improved and also by the required X bracing columns which would
necessitate removal of adjacent lighting fixtures, circuit ~ring, data or phone lines. All engineering
reports stated that it would be extremely difficult and costly to maintain library service in the building
during construction.
Due to the cost and the probable need to relocate for twelve to eighteen months this proposal was
set asidewhile other options were pursued.
ALTERNATE 2 - EXPANSION OF THE LIBRARY ON TO ADJACENT PROPERTY
The second option designed and costed was expansion of the library on to adjacent property. No
off-site expansion is possible to either the east (Linn Street) or the north (alley). To the south is the
pedestrian plaza. The second proposal developed called for purchase of the building directly to the
west of the Library known as the Lenoch and Cilek building. The structure presently on that site
would be demolished and the library building extended to the west. Current commercial space on
the first floor and in the basement would be retained with new library space added primarily on the
second level. The building was designed to accommodate a third and fourth floor, either for library
or other uses.
3-1
· The proposal included extensive renovation and remodeling of the current library building similar to
that required if a third floor was added. The resulting 104,530 square foot building would have
included 25,250 square feet of commercial space and 79,280 square feet for library use. Construc-
tion cost estimates (based on construction starting in January of 1998) were $12,422,000. An
additional 25% for other costs and purchase of the site would have also been needed. This proposal
was presented to the Iowa City City Council in Apd11996. It received little Council support due to
the cost and the proposed acquisition of commercial property and disruption of current tenants.
A preliminary examination of the concept of adding the needed expansion of space. below grade to
the south of the existing building resulted in a construction cost estimate of $11,210,000.
ALTERNATE 3 * BRANCH LIBRARY(S)
Existing Situation:
There is no branch library at present. The Coralville Library, a recent 18,000 sq. ft. building,
serves some crossover from the southwest portion of Iowa City and there aro libraries in the
small communities surrounding Iowa City.
There has been limited annexation particularly for residential development which has
contained urban spread. However, this may change.
Analysis:
The major Iowa City retail aroa outside of the central business district is in the southeast part
of the Iowa City on Highway 6 from Westpod Plaza to Pepperwood Place and Sycamore
Mall. Significant retail development is also occudng in the southwest along Highway 1 with
recent additions of Walmad and Menards.
See the analysis of City Planning Considerations on Page 1 - 2.
A branch library should be located in high traffic retail areas using the same cdteria applied
to the existing library. Shopping areas in decline are not considered a good location for
investment of community resources through a branch library. Residential locations can
consume a groat deal of operating resources with low outputs and return on investment.
Types of branch libraries include:
Storefront Branch. leased space - 1,200 - 3,600 square feet.
$110,000 to $165,000 annual operating cost
Small Branch - owned - 5,000 - 7,500 square feet
$185,000 to $215,000 annual operating cost
Medium Branch - owned - 10,000 - 15,000 square feet
$340,000 to over $550,000 annual operating cost
Example: 10,000 square foot branch
Site
2.0 acres (~ $125,000
$ 250,000
Building
10,000 sq. ff.(~$150
1,500,000
3-2
Construction, Furnishings
and Equipment
Collection
35,000 items
(acquire and process @ $25)
$1,750,000
875.000
$2,625,000
Now and in the near future, most users of the present Iowa City Public Library will be
within two miles of the existing library, 10 to 15 minutes drive with 2,300 parking
places in the vicinity.
Sixty to eighty percent of potential users of a branch library will also use the main
library, so that the branch library requires substantial operating resources without
reducing the space needs of the main library in a compact populated area.
Once opened, even the least productive branch library is very difficult to change or
eliminate because a core of users will fight to keep it..
The presence of a strong existing library and the compact nature of the city offer no
cost or service effective potential for branch libraries at this time. In the distant
future, this may change as the city spreads.
Consideration of branch libraries shou!d be delayed until the using population exceeds 100,000 and
are dispersed substantially beyond the present two-mile radius of the library.
Of the ten largest cities in Iowa, four, all larger than Iowa City, have branch libraries: Des Moines -
5, Cedar Rapids - 2, Davenport - 1 and Sioux City - 2.
ALTERNATE 4 - BOOKMOBILE SERVlCE
Existing Situation: There is no bookmobile.
Analysis:
o
The minimum cost of a new bookmobile unit, 26' to 36', can range from $80,000 to
$150,000.
· Annual operating costs will run $65,000 to $90,000.
The addition of a bookmobile would enhance outreach, children's services and
service to seniors but would not reduce library space needs.
Of the ten largest cities in Iowa, only three operate bookmobiles -- Davenport, Sioux City and
Ames.
3-3
ALTERNATE 6 - NEW CENTRAL LIBRARY
Given the high costs associated with the two alternatives recommended in the 1993 study--on-site
expansion and expansion on two levels to the west a new option should be considered. As costs
were prepared for building altematives it was estimated that a new 79,600 square foot building with
design features and elements consistent with the two expansion and renovation projects proposed
for the existing facility could be built on city owned property for $9,950,000 in construction costs.
Advantages of building a new central library are the cost, which is comparable to the extensive
renovation and addition projects, and the ability to maintain uninterrupted library services during
construction, and an opportunity to develop- design unencumbered by an existing building(s). Site
selection might be a difficult issue.
Analysis:
The anticipated presence of a major regional mall in Coralville may weak downtown
commercial activity, but no other Iowa City location is preferred.
The loss of a nearby parking lot adds pressure to include some parking adjacent to
a new building.
CONCLUSIONS:
The addition of bookmobile or branch library service would not have any significant impact on the
space needs of the Iowa City Public Library.
The expansion alternatives are not acceptable due to cost or site requirements.
Building a new central library and selling or adapting the existing library to another use is the only
viable long term solution to the identified space needs of the Iowa City Public Library. The estab-
lished criteda for an adequate library site still identifies the property south of the present building on
Col!ege Plaza (Parcel 64-1A) as the next most desirable site for a new public library building. See
the 1976 site study - Site # 2. If the site is not publicly owned the cost benefits of building a new
central library would, most likely, be lost.
A central business district location,
Accessible to adequate public parking,
High level of community visibility and identification,
Within a high pedestrian traffic area, and
Potential for long term future expansion.
I~bm,~adraln~spec~d~, u~x$
3-4
IDOWNTOWN CITY-OWNED PROPERTY~
UNIVER$1T'Y OF IOWA
Z
JEFFERSON
Z
)N
COURT ST
BI.~¢I~MAWK
WASHINC~
I I
Ld
P- 0
Z ~
Pib,~l N G
HARRISON
~k
January 1993
July 1993
December 1993
September 1994
December 1994
January 1995
May 1995
September 1995
Jan/Feb 1996
April 1996
TIME LINEs IOWA CITY PUBLIC LIBP. ARY
RENOVATION AND EXPANSION PROJECT
Library consultant, David Smith, hired to prepare
a study of the library space needs.
Final Library Space Needs Assessment Report
adopted unanimously by Library Board. Report
recommends a 28,000 square foot addition to the
current library facility and redesign of interior
spaces. Three options listed: vertical
expansion, expansion to the south and expansion to
the west.
Architect Jeff Scherer of Meyer, Scherer and
Rockcastle hired.
Library Building Program prepared by David Smith
adopted unanimously by Library Board. Copies
sent to City Council. Architect directed to
prepare designs to add a third level to current
library building.
Cost estimates of nearly $12 million and a
recommendation that the building be vacated during
construction cause Library Board to examine other
options.
Library Board chooses to pursue expansion to the
west of current facility. Architect directed to
prepare preliminary designs. Facilities Planning
Committee begins discussions with owners regarding
purchase of adjacent property. Appraiser hired.
Update given to City Council at their review of
capital projects session. Board urged by Council
to retain commercial space at ground level and in
basement.
Special meeting held to update new Board members
and review the expansion and renovation project.
City Council members and candidates invited to
attend. At regular meeting Library Board votes
unanimously to proceed with plans to expand to the
west.
Offer to purchase property contingent on
successful passage of a referendum made through
City Attorney, counter offer received.
Presentation to City Council on the progress of
the project, presentation of preliminary designs
and construction cost estimates.
IOWA CITY PUBLIC LIBRARY.
EXPANSION ALTERNATIVES
' ~ ~;~ '= ~ .........~': dWest =Build3rdFI0or =' ': BuildNewon'64;~:'
Estimated cost
Advantages
Estimated
construction cost of
entire project
(includes commercial
space) of $12.4
million, added costs
bring project costs up
to $15.1 without land
acquisition
Services maintained'
and library remains
open during
construction. Utilizes
current building.
· . Allows for future
expansion. Upgrades
current commercial
space.
Most complicated
and expensive of
proposed projects.
. Current commercial
tenants must vacate
· during construction.
Disadvantages
July 15, 1996
Estimated
construction cost of
$12 million, total
costs of $15 million.
Estimated
construction cost of
$9.95 million, total
costs of $12.43
million.
Utilizes current
building. Does not
require purchase of a
site. Simple to
explain.
Least expensive.
Simple to explain.
Services maintained
and library remains
open during
construction..
Expensive structural
support work
requkes closing or
relocating the library
during construction,
actual costs difficult
to estimate.
Doesn't utilize
current building.
Eliminates other
options for 64 IA
although structure
could be built to
support additional
floors for varied use
in the future.
1owa City
Public Ubrary
123 South L~nn. Iowa City. Iowa 52240-1820
Susan Craig, Director
Information (319) 356-5200
Business (319) 356-5206
Fax (319) 356-5494
TO:
FROM:
DATE:
RE:
City Council
Iowa City Public Library Board of Trustees
5/24/96
Background info~,~tion for Joint Meeting,
5/28
The attached background information has been prepared for your
review prior to our joint meeting on May 28.
***DRAi
Frequently Asked Questions:
IOWA CITY PUBLIC LIBRARY RENOVATION/EXPANSION PROJECT
Why does the Library need more space?
The Iowa City Public Library has experienced steadily increasing
use since the current 47,000 square foot facility opened in 1981.
With a circulation of 1.2 million per year and 600,000 annual
visits the building traffic is far heavier than was predicted
when space needs were assessed in the late 70s. In addition,
during the actual design of the current building, the size was
reduced to lower the cost of the project.
Part of these large increases are attributable to unusually high
library use per capita at ICPL when compared to national and
state averages, and'part to significant but unanticipated
population growth--17%--between 1980 and 1990. Steady growth has
taken place since 1990 and is expected to continue.
How does the Library hope to acquire space?
After studying and evaluating needs and options for four years
the Library Board believes the best option for library expansion
is to remain in the current downtown facility and expand by
completing the current second floor, purchasing the property to
the west (current location of Freshens, Subway, Yen Ching, Third
Coast, Lenoch & Cilek and APAC), and reRlacing that two level
building with a new three level structure which is blended into a
remodeled library building. This would acco~u~Lodate continued
commercial use on the first level and basement levels and provide
additional library space on the second floor. The combined
buildings would provide 104,850 square feet; 79,600 for the
library, 25,250 for other commercial uses.
What needs to be done to the current building?
Structurally the current building is sound, but wearing out in
many respects. After fifteen years of very hard use, extensive
renovation is needed. The roof and the carpet already need
replacing and all the major mechanical systems, including the
heating, air conditioning, computer and phone networks, must be
replaced or modernized. Public rest rooms need to be upgraded,
enlarged and relocated. With a shift of more services to the
second floor, a new and wider stairway and an additional public
elevator will be required. Most interior walls must be
demolished and rebuilt to meet the space needs described in the
building plan. Finally, the exterior of building will receive a
face lift to match the brickwork and windows of the new
construction. Although the basic structure remains, the building
will take on a new appearance and be modernized throughout.
What will the project cost?
The estimated total cost of the project as currently proposed is
$15 million plus the cost of property acquisition with about $13
tO $14 million to be paid from property tax. At least $1 million
will be raised from private funds and about $2.5 million will be
paid for from revenue generated from the 25,000 square feet of
commercial space.
New Space Construction Costs
Remodeling/Renovation
SqFt $/SqFt Total
55,590 121.73 $6,767,000
48,940 115.55 $5,655,000
Total Construction Costs 104,530
Equipment, furniture, professional
fees, miscellaneous & contingency (22%)
118.84
$12,422,000
2.732,840
*$15,154,840
(*does not include property costs)
The City Finance Department has estimated that the cost to an
owner of a house appraised at $100,000 is less than $5 a month, a
homeowner with a house valued at $200,000 would pay less than $10
a month. This assumes selling $14 million worth of bonds to be
paid off over 20 years.
Could it be done for less?
The construction costs (which are figured for an 18-mouth
construction period starting January 1998) compare favorably to
similar projects. Combining renovation and new space the square
foot construction cost is $119.
In 1993 the estimate on a proposed public building for
cultural and conference uses, Center Space, was $103.00 per
square foot for construction costs. If escalated at 3% a
year that figure in 1999 dollars would be $123, slightly
over the estimate for the library project.
West Des Moines opened a new $6.9 million, 50,000 square
feet library in April 1996. That comes to $138 per sq foot.
The Pappajohn College of Business building, built from 1991-
1993 cost about $160 per square foot for engineering and
construction costs. No equipment or furnishings are
included in that figure.
Buildings like the Iowa City Public Library which get especially
heavy use require safe, durable materials and comfortable but
low-maintenance furnishings. The initial cost may need to be
above average.
The library occupies a prominent spot
can provide a positive enhancement to
that block. Design features such as
on the downtown plaza and
the current appearance of
the covered walkway add to
the pedestrian nature of the plaza. The project would be a solid
investment in maintaining Iowa City's unique downtown.
What other options were considered?
The Library Board has been exploring various alternatives for
expansion since 1992. The original plan called for adding a
third floor on the existing building. Unfortunately, the current
building was constructed to hold a completed second floor, but
not to add a third floor. The expense and, most importantly, the
physical disruption of reinforcing the footings at each of the 67
columns and temporarily moving the library to another location
prompted the Library Board to explore other options.
Recent discussion of the uses for parcel 64 1A (currently a
parking lot across from the library) included the possibility of
meeting all or part of the Library needs on that property. Since
that parcel was reserved until very recently for development of
an arts/cultural/conference facility it was not a viable option
for serious Library Board consideration. In addition, the
Library Board believes that dividing library services between two
buildings would be confusing and expensive to operate with staff
required in two locations. If all library services (75,000-
80,000 sq ft) were designed for construction on 64 1A, it would
be difficult if not impossible to accommodate other desired uses
for that space.
The Board believes the current building should be retained for
library use rather than abandoned. Any public use of the current
building would require a substantial sum for necessary repairs
and remodelling for new uses.
Why not a branch?
The Library Board began studying space needs in 1992, adopting a
library consultant's report in 1993 which identified a minimum
space need of an additional 28,000 square feet by the year 2010.
This report did not support branch libraries until the city's
population exceeds 100,000 or is dispersed substantially beyond
the present two-mile radius of the library. The report stated,
The presence of a strong existing library and the compact
nature of the city offer no cost or service effective
potential for branch libraries at this time. In the distant
future, this may change as the city spreads.
In addition, the report continued,
Location of branch libraries in other high traffic areas of
the community would not remedy the space problems at the
Iowa City Public Library. However, it would dilute the
concentration of resources and possibly the quality of
library service.
Branches are less expensive to build than central library
facilities, but the duplication of staff required to operate a
branch create major annual operating expenses that escalate in
cost each year.
Why keep co~ercial space in a public building and what will
happen to the current tenants?
When the current proposal was discussed with City Council members
in 1995 they indicated it was a priority to maintain the
commercial uses currently in the building. The size and design
of the building easily accommodates some commercial use and the
location is appropriate and desirable for a variety of uses. New
spaces will allow each ground floor tenant direct access to the
plaza, improving their visibility to customers. Interesting,
attractive shops and restaurants will enhance nearby businesses.
The project temporarily dislocates commercial tenants, but
eventually returns a similar amount of space to private use.
Several current tenants have indicated an interest in returning
to the new building, indicating the viability of the space for
commercial uses. Project costs includes assistance for each
tenant with relocation, either temporary or permanent.
What are the major features of the expanded library?
Growing from 47,000 to 79,000 square feet provides much needed
space in every area of the library. The main floor becomes home
to a children's room increased by 45% with additional space for
collections, programs, seating and equipment. Near the
children's area, the adult popular library spreads out to allow
ready access to collections such as the movie videos which
consisted of 83 titles in 1981 and now contains 3,400 volumes.
The new circulation area relieves current congestion and adds a
self-service option.
A larger lobby will allow civic functions such as early voting
without blocking library doorways. An additional medium size
meeting room joins the three rooms currently available and can
open into the larger room increasing its size. Teleconferencing
ability and access to the Iowa Communications Network is planned.
The new second floor houses Information Services, expanded
computer access, increased seating and new study and conference
rooms as well as reference, nonfiction and periodical
collections. A training room for public and staff will provide
space and equipment for classes on new technology. The Library
Friends Foundation will have an office and staff areas have been
expanded to accommodate growth.
A covered walkway on the plaza side and a canopy at the Linn
Street public entry will provide shelter and lead to the visually
prominent entrances. The interior spaces will be extensively
rearranged with particular attention paid to traffic flow and
improved public restrooms. Glass is used extensively on both
levels to link the library with the activity in the pedestrian
area and provide daylight to the interior spaces.
At this point preliminary designs have been prepared to show that
the required space needs can be met and for preparing accurate
cost estimates. After financial approval is obtained through a
bond referendum the design can be further discussed and altered
and public input sought on both the interior and exterior of this
important public building.
What is the timeline of this project?
The timeline is dependent on many factors but the Library Board
is trying to achieve the following schedule:
August 1996
City Council votes to include library
proposal on November general election ballot
November 1996
Successful passage of referendum issue which
requires 60% positive vote.
November 1996
thru 1997
Private fund raising is conducted. Designs
are completed, bid documents prepared and
contracts awarded.
January 1998
Construction begins. Library remains open at
current location and services are moved into
new spaces as completed.
June 1999
Project completed (18 years after current
facility opened in June 1981)
How does a modern central library benefit the downtown?
Six months after the present facility opened in 1981 the Iowa
City Area Chamber of Co~u~erce presented the library with its
annual Economic Development award. ICPL is the largest library
in a twenty mile radius and has earned a state-wide reputation
for excellence which, combined with the state's reciprocal
lending program, draws regular users from around the region.
Downtown business people recognize that the library's customer's
(600,000 a year) are potential customers for them as well.
During recent conversations, several tenants in the building the
library proposes to purchase emphasized that their location was
enhanced by the library's proximity.
Doesn't all the new iuformation technology mean libraries won't
be needed in the future?
It is difficult to predict the distant future, but for the next
twenty or thirty years it is clear that technology has and will
continue to require additional library space, not less. Books
and mass market magazines are being published in higher numbers
than ever before. Reading a book is--and will remain for the
foreseeable future--a more pleasurable and comfortable experience
than reading a computer screen. Information stored and
retrieved electronically is meant to be referred to now and then
for brief periods, not consumed hours at a time in whatever
environment you find most relaxing.
In fact fulfilling the library's mission to offer information in
whatever available format suits the user--printed page, spoken
word, video image, computer monitor--requires a library to not
only provide chairs and tables but video players, multimedia
computers, and network access. And as the information highway
becomes essential to living in a modern world we must educate
out-of-school adults in the new technology and provide citizens
who do not to have computers in their homes access to information
networks and the skill to use them.
What assistance has the Library Board sought in this process?
Due to the high level of use of the library and complexity of the
project the Library Board has sought the advice of experienced
professionals through every step of planning. David Smith, a
nationally recognized building consultant prepared the initial
space needs assessment and later wrote the building plan, each of
which was adopted unanimously by the Board. At his advice an
architect was hired early to assure careful planning of a
complicated project. A constzuction management firm was also
hired to assist with phasing the project and maintaining library
services throughout construction. The architect selected through
a competitive process, Jeff Scherer of Meyer, Scherer and
Rockcastle in Minneapolis opened three midwest libraries in the
last month, two in Iowa. His credentials include a major
renovation and expansion of the busiest branch of the Hennepin
County Library System in Minneapolis. The construction
management firm, CPMI, is Iowa based and has a local office in
Coralville.
Iowa City
Public Library
123 South Lmn, Iowa C~ty, Iowa 52240-1820
TO: Councilor Dean Thornberry
Iowa City City Council
FROM: Charles Traw,
President, Library Board of
DATE: 6/11/96
RE: Library Project Issues
RECEIVED JU q 1 2 1996
Trustees
Susan Craig, Director
Informabon (319) 356-5200
Business (319) 356-5206
Fax (319) 356-5494
,L.-
Based on the meetings we have had and the questions raised
privately, I am not unmindful of your concerns about the
financial impact the proposed Library expansion project will have
on the city's overall budget. I would like to address some of
those concerns and suggest some options you may not have
considered.
First of all, the capital cost of the building project is
appropriate and affordable. The cost per square foot is similar
to that of other comparable projects. The Board has sought
expert advice on this project throughout the planning stage.
Both the City Manager and the Finance Director have indicated
that the City can afford the capital expense of the library
project. There is no other public or private facility that meets
as many public needs and accomodates as much traffic as your
library. The nature of the library's facility needs does not
allow for incremental expansion, but rather, requires a single
large project that is planned to accommodate anticipated needs
for many years.
Since the library was built, less than $100,000 of capital
expenditures have been spent on the facility--a roof repair,
remodeling the circulation desk, and adding office space. During
the same time millions of dollars have been spent on other civic
projects: the Mercer Park Aquatic Center, addition to and
remodeling the Civic Center, refurbishing the Recreation Center,
the Chauncy Swan Parking Ramp, water, sewer and street
improvements. The Board has always attempted to provide public
service and meet public demands in a fiscally responsible manner.
However, now is the time for the cycle of public improvements to
address the library facility. Its time has come.
The Library Board does not expect that the property tax support
portion of the project cost will exceed $14 million. Obviously,
until the project is completed, we can't guarantee these
expectations will be met. However, the contingenicies of this
project are no different than most. Routinely, city contracts
2
are awarded that vary significantly from estimated costs, both
high and low. In the final calculation the result usually
coincides very closely to the budgeted amount.
The Library Board has been asked to scrutinize the project
details, which is being done. The Council has available
financial options that would reduce the project cost such as
spending money up front for fees, furnishings and equipment or to
assist with property acquistion over the next three years to
reduce interest pas~ments. Library records show that only twice
since 1981 has any city money been allocated from conuingency
funds to support library needs--once for a roof repair and once
for expenses associated with planning this project. Whether or
not the payback for bonds issued for this project should be added
to or included in other city capital expenses is a Council
decision.
If the public votes to incur this debt, they assume an overall
increase in their property tax bills and the city can continue to
fund items not requiring a referendum vote at a similar level as
currently exists. Certainly, the Council may chose to lessen the
amounts spent on other capital projects, but that is its
decision.
The ongoing operating costs, I agree, are more troublesome. It
is ironic, however, that the current project proposed by the
Library Board be criticized on this issue, particularly by
proponents of branch libraries. Operating costs per square foot
for a branch are estimated at six times the operating costs of
the planned expansion. Branch libraries solve none of the
problems with which the library is confronted. They would simply
increase operatin~ costs, while leaving the public with an
undersized, understaffed and deteriorating main library.
We are researching the anticipated growth in maintenance costs if
the building is exl~anded. The expansion of library space is
approximately 65% A corresponding increase of maintenance
expense is not expected. New systems will be more energy
efficient than the current operating plant. The Library is
currently the only city facility that uses contract cleaners on a
daily basis, rather than employ janitorial staff. This measure
is taken to save money and is anticipated to continue. In the
2.5 to 3.0 new pe£~%anent staff needed to operate the expanded
library a .75 position would move a fifteen hour temporary
maintenance person into a 30 hour permanent position. This
brings the total maintenance staff for a building open 64 hours a
week and servicing pedestrian traffic of 600,000 annually to 1.75
FTE.
We recognize concerns about the staffing necessary to meet the
public's needs and provide realistic services. Keep in mind this
project is a product of public use. It is the public's use that
3
generates both capital expenditure and staff needs. The future
need for staff to support library services may be at an increased
level without regard to any extra space!
General fund property tax has not supported any new permanent
staff at the Library since FY92 when a half time position was
added. The Library is one component of a finely tuned system of
city services, many of which have requested staff positions that
remain unfilled. We wait for staff, as do most city departments.
When compared to the ten largest libraries in Iowa, we rank
second only to Ames in circulations per FTE, so we know our staff
is productive and used efficiently.
The city is currently at the 8.10 general fund levy cap. The
grimmest of financial scenarios is certainly a matter which all
citizens are entitled to know. If it comes to pass, the libra~-y,
as all city departments, will be required to adjust current
operations. We have been very fortunate in this community to
experience steady growth; that could change, but population and
tax base continue to increase. All cities in Iowa experience the
same problems we do, and the League of Cities is preparing to
lobby the '97-'98 Legislature heavily on topics important to
cities. Many of the League's positions are supported by the Iowa
Library Association. Financially, the state is in good shape and
it is just as likely that the pendulum will swing back to a
positive state-municipal relationship as to assume the situation
will worsen.
In fact, one bright note in state funding is support of public
libraries. Our library has been participating in a statewide
reciprocal borrowing plan which is moving into its fifth year and
finally appears to be stable enough that we believe it will
continue. In the past the Board has allocated that income (which
has grown to between $40,000 and $50,000 annually) for one time
expenditures and not spent money until it has been received.
Although the level of funding at times has not allowed
reimbursement for the entire year, a conservative amount could be
allocated to staff.
Another source of funding is derived from t~e current contract
for services between the library and Johnson County. The terms
of that agreement insure that the county pay a portion of the
library operating budget similar to the use rural county
residents make of the library. If current patterns hold steady,
about 8% of all new expenses to the library's operating budget
will be covered by the county. Further, library fines, which
have been exceeding projections for several years, and are due to
be adjusted, could offset some of the increased operating costs
as well.
The City faces exciting times and many challenges as it looks to
provide safe water, an improved airport, expansion of the
downtown area and recreational spaces, adequate parking and, we
hope, a library facility to support current and future use that
will continue to draw citizens and area residents to the
downtown. Marketing the last urban renewal parcel to include
public space provides another opportunity to build on our
strengths as a community and we welcome the proximity of
CenterSpace, feeling we can be great neigh_bors and mutually
.supportive.
I hope the Council will enthusiastically support a library
referendum in November and look forward to the day the new
facility is open to the community.
cc: Steve Arkins
City Manager
1owa City
Public Library
123 South Linn, Iowa City, Iowa 52240-1820
TO:
Dee Vanderhoef
FROM:
Susan Craig
DATE: 7/10/96
RE:
Cost to build under pedestrian mall
Susan Cra,g, D,rector
Informabon (319) 356-5200
Bus,hess (319) 356-5206
Fax (319) 356-5494
Our construction manager's estimate of costs to construct library
space below grade in the pedestrian mall area is attached. At
$214 per square foot, the costs are considerably higher than the
$122 for new space above grade. The high costs are partially due
to excavation of such a large area in a very confined, urban
environraent. Also, two levels would be required to accommodate
the space needs and no option {or easy expansion in the future
would be available. Although not challenged at this time our
estimator believes that the City supplied figure of $50,000 to
relocate utilities is low.
If you have any further questions please let me know.
cc: Other Councilors
~teve Arkins
SCHEMATIC DESIGN
COST MANAGEMENT REPORT
IOWA CiTY PUBLIC LIBRARY
RENOVATION and EXPANSION
IOWA CITY, IOWA
27 JUNE 1996
COST FEASIBILITY STUDY SUMMARY
I~ELOW GRADE CONSTRUCTION AT PEDESTRIAN MALL
DESCRIPTION
- Renovation scope of work ~s to :e."nmm as est,mat6c
in :he 4/18/96 Schernatlc Oes:c~n
$;GSF
CONSTRUCTICt~
COSTS
· Expansion constructio~ co~t of $0,676,000 ~r~,luCed 8,100
GSF of building expansion at the second floor. This dollar
amount is associated with the 8,100 GSF.
98.15
$795,000
· Remaining building area calculations are as follows:
Building Expansion - 4/18/96 55,590
Eliminate second floor expansion (8,1OO)
Commercial space not required (25,250)
Total 22,240 GSF
Construct a new 22,240 GSF library expansion under
the south pedestrian mall. An assumption was made
that 18,900 GSF is on one level and 3,340 GSF is one
level below. Includes approximately 30' x 60' Atrium
Space.
TOTAL CONSTRUCTION COSTS AMOUNT
214.03
141.40
$4,760,000
$11,210,000
NOTE: Total construction costs of 811,210,000 for 79.280 GSF compares to
$10,138,000 for 79,280 GSF (-~127.87/GSF) as presented 18 April 1996.
NOTE: Library expansion construction costs include an allowance of $50.000 for utility
re-distribution. This issue warrants further study to provide an accuratc cost.
Iowa City
Public Library
123 Sou~h L~nn. iowa City, Iowa 52240-1820
Susan Craig, D~rector
Informabon (319) 356-5200
Bus~ness (319) 356-5206
Fax (319) 356-5494
TO:
FROM:
DATE:
RE:
City Council
Library Board
7/12/96
Answers to questions
raised by Councilors
A variety
regarding
in formal
following
of questions have been asked by council members
the proposed library expansion/renovation project, some
meetings, others in memos or conversations. The
information attempts to answer some of those questions.
1. Can the design be altered to lower costs?
The Board has examined options-prepared by the architect and the
construction manager and believes up to $1 million dollars in
possible cuts to the construction cost of the project could be
made. The largest item, at $769,000 is the structural capacity
to build a third and fourth level at some time in the future.
Smaller amounts can be saved by altering the design. Other
substantial reductions can only be made if significant cuts to
square footage are made or if the project is moved to city owned
property which eliminates the cost of property acquisition.
2. Could we use space below grade in the pedestrian mall which
is already owned by the City?
The estimate of construction costs for below grade space is $214
per square foot, considerably higher than the $122 for new space
in the current proposal. The costs are high because of the
construction constraints related to building in such a confined
area. Although not challenged at this time our construction
manager believes the City figure of $50,000 to relocate utilities
is very low. Given the costs, the lack of any opportunity to
expand in the future and the aesthetics of below grade space this
option is not one the Board favors.
3. What are the library's mission and goals?
Attached is a copy of the library's long range plan adopted in
1994. The plan which was developed by a 28 member team, 21 of
whom were community volunteers, is used to guide the development
of library services and programs. One of the Goals is to,
"Provide a suitable and inviting environment which promotes and
enhances the delivery of library service." The primary strategy
under that goal is to, "Develop and implement a facilities
expansion plan," a task which the Board has been working on for
three years. Annual objectives are approved by the Library Board
and biannual reports are made. The library has a strong history
2
of long range planning and is proud of it's ongoing efforts to
reflect community priorities.
4. What has been done to address access issues, primarily
related to parking?
Iowa City is lucky to have a bustling downtown area. Parking
immediately adjacent to the library is in. high demand. Temporary
parking for drivers returning library materials is provided and
two ramps providing over 1100 spaces are within a block and a
block and a half of the entrance, no more than the distance
between Younkers Department Store and the Capitol Street ramp.
The Library is located within a block of the Senior Citizens
Center (which provides some permit parking) allowing the
convenience of visiting both facilities in one trip. The
transportation hub of mass transit in Iowa City is the downtown.
All downtown residents, including the library, need to work with
the community and the City Council on the parking problem.
Ease of returning library materials could be addressed through an
off site book return.
5. Operating costs are a concern, how can they be contained?
Providing the needed library space in a central facility is the
most efficient way to contain ongoing operating costs. The
building has been carefully designed to minimize additional
operating costs. Increased operating costs associated with the
building expansion could be partially paid for from sources other
than the general property tax levy which only accounts for 75% of
library income. The county contract funds almost ten percent of
operating expenditures and the outlook for state funding is
improving. Fine income could also fund a portion of the
increased operating costs. Costs associated with maintenance of
the building and safety of users and staff are the highest
priority. The Board will commit to trying to raise revenue to
help cover the needed increases.
6. All expenses need to be shown, even if gifts are anticipated
to cover part of the project.
The bond referendum language would be worded using the phrase "up
to", and the total cost of the project would be listed. Only in
the campaign would explanatory material be provided on how much
private money we hope to raise. If the current proposal, which
includes commercial space and income to pay for it, were to be
placed on the ballot the entire amount would be listed, again
with explanation of other revenue sources offered during the
campaign.
7. How many Iowa City residents use Coralville Public Library,
can Coralville residents use the Iowa City Library? How many
library users are really college students?
Coralville and Iowa City both loan materials to residents of
either community. Over the years the borrowing patterns maintain
a near balance. In FY96, 39,000 items were loaned from the
Coralville library to Iowa Citians and 46,000 items were borrowed
from ICPL by Coralville residents. This relationship is mutually
beneficial to both institutions. Coralville residents benefit
from a lar~er collection, Iowa City has a nearby library with
free, convenient parking available and everyone can use the
library most convenient for them.
University students do not make use of th~ library in proportion
to their presence in the population. Using 1990 census figures,
18-29 year olds make up 45% of the Iowa City population, but they
account for only 25% of library circulation. In contrast those
under eighteen borrow materials in almost equal proportion to
their presence in the population, 15%, and 30-44 year olds borrow
40% of all library materials, but only account for 20% of the
population.
Iowa City
Public Library
123 South Linn. Iowa City. Iowa 52240-1820
Susan Craig, D~rector
Informabort (319) 356-5200
Business (319) 356-5206
Fax (319) 356-5494
TO:
FROM:
DATE:
Steve Arkins
7/17/96
RE:
Library Buildin9 Maintenance Needs
Several maintenance and replacement needs at the library have been
delayed in anticipation of a referendum for a renovation/expansion
project. They now need to be considered for funding. The following
list is a preliminary, and possibly incomplete, assessment of the most
il~ediate needs. Not included are, as yet undeveloped, options to
remodel interior spaces to better meet public and staff needs, or work
needed to meet requirements of recent ADA assessment for which I am
awaiting a report. Once the projects are prioritized I will work to
determine accurate costs. Please let me know how you want to proceed.
Roof. Two years ago a major roof repair was done with the
understanding that it would last through two winters. This spring we
had several small leaks when the snow melted and continue to have
problems with heavy rains. Leaks also occur around several skylights.
In 1994 replacing the entire roof membrane was estimated at $120,000.
This is the most iramediate of the maintenance needs.
Carpet. After fifteen years of very heavy use our carpet is sorely in
need of replacing. Some patching and repairs were done in 1995,
hoping to delay major replacement until the building project began.
This is an expensive project due not only to the carpet expense, but
the labor involved in moving loaded books stacks.
Computer a~d wiring. Our main computer is five years old and
scheduled to be replaced in FY98 which will be done from replacement
funds. In conjunction with that purchase we are anticipating a market
wide look at major library automation vendors which has not been done
since we first automated in 1979, and the purchase of a new software
system, a significant expense. The wiring installed in 1980 is no
longer adequate to support modern computer systems and will need to be
replace~.
Mechamical systems. Our mechanical systems are entering the end of
their anticipated twenty year life span. This spring we replaced one
of the six compressors for the air conditioning system. Temperature
control in the building is very poor. We will investigate the needs
in this area and prepare a recommendation.
Phone system. Our phone system needs to be replaced. It does not
allow modern features such as voice mail or an automated menu and the
number of lines are inadequate.
tury o[ Service
Building on a
TO: Steve Arkins
FROM: Susan Craig~~.~
DATE: 8/30/96
RE: Library Buildin9 Repairs
I have finally ~athered enough information to estimate costs for
two major buildin~ repairs: roof and carpet. Of the two, the
roof is more important. If money is available this fiscal year
would like to initiate the roof replacement this fall because the
extreme temperatures of another winter season could result in
possibly dama~in~ leaks. If it cannot be done, we will get
through another winter as we had originally planned and hope for
only minor problems. I am still working on preparing estimates
for other upkeep expenses and plan to include several items in
the FY98 budget. Please advise on how to proceed.
Roof Replae-~nt $215,000
This involves removing the existing ballast, roof membrane and
insulation and replacing it with new insulation, asphalt, and
fiber91ass.
Carpet Replacement 8238,000
$196,000 is the actual carpet removal and installation cost, the
remainder is to hire professional library movers to move the book
stacks, allow the carpet to be laid and then move the stacks
back. This project will need careful schedulin~ because it will
most likely require closing the buildin~ to the public for one to
two weeks. If this is the case it would best be coordinated with
other building maintenance projects such as rewiring to minimize
the total disruption. I believe it can wait until FY98.
123 SOUTH LINN STREET IOWA CITY, IOWA 52240
SUSAN CRAIG, DIRECTOR [NF'ORMATION 319-356-5200 BUSINESS 319-356-5206
FAX 319-356-5494
L
,2
t? THURSDAY, Octol~er 17. lg96 11A Iowa City Press. Citizen
Iowa City shooting
Citing Shaw death,
{B~ ...
'gommissioner resigns
By Brian D. Sharp
~ Press-Citizen
:~al author Osha Gray Davidson re-
s['~a~ from the Iowa City Human Rights · CommitIon'
~ssion on W~e~ay, ~y~g he
't w~t to ~ome a ~ab~i~ to ~e Ch~oman
~up as he ~mns~ ~s ~ficism of ci~ Ali~n Am~
q.~ci~s' res~nse to EHc Shaw's d~. Galstad ~d the
"Shaw was fa~y shot Aug. 30 in ~s eight-member
gdu~side ~ sm~o by foyer Iowa Ci~ group still could
~lice Offi~r Jeffrey Gfilaspie, as he ~d meet and ~at
o~er o~cers ~v~dga~ a sus~t~ Davidson'sr~
b~rgl~. placement
"Davi~on is ~l~g for ~e resi~afions would be
of Ponce C~ef R.J. W~e~e, Mayor n~ed ne~
Nao~ Novick ~d Ci~ M~ger Steve month.
~s.
--"~e ~ple who ~e res~n5ible for
what hap~n~ ~e s~l ~ place," David-
~n ~d. His te~ would have expE~
1 but he had ~en ask~ m r~pply.
Davidson cited official conclusions ~at
G~aspie was acting as he ~d ~en tra~ed
when Shaw was ~. "~ ~e) was
foHow~g ~cc ~licy," he ~d "...
· en ~ ~mon ~tely res~nsible is
C~ef W~e~e."
W~e~e has s~ce ch~g~ ~e ~l-
icy, orde~g ~at bus~ess owners ~
"For it to ~ ~e d~ of a cit~en to
~e ~ose chugs, ~at is not g~
enou~," Davidson ~id. "To restore ~e
f~ ~ ci~ gove~ent, there ne~s to ~
ho~l~g ~ Iowa Cid. People n~
m ~e res~nsib~i~ for what ~ey did do
~d w~t ~ey di~'t do ... w~t ~ey
~ to do."
~vidmn joked ~e co~ion ~ ~y
1~5. ~s ~k, The Best of Enemies, ts
nominat~ for a Puli~er Prize.
John.e n .oordv Amhubmf
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 26, 1996
Steve Arkins, City Manager
Rick Fosse, City Engineer '~'~/~
Friendship/Shamrock Creek Improvements
We have completed the preliminary design of the Friendship/Shamrock Creek Improvements.
The preliminary design phase involved three neighborhood meetings and three rounds of
correspondence, a summary of which is outlined in the attached memo from Jeff McClure.
Information from the residents was used to help us understand specifically what flooding
problems exist and what the expectations and desires are for a solution. We found that feelings
run strong on the subject and there are varying opinions on the form any improvements should
take. There are those that see the creek and surrounding trees as a significant aesthetic
amenity to their property. There are others that view the creek as a nuisance and flood hazard
the they wouJd like eliminated. The latter are in the majority.
Our options are:
1. Minimal approach ~ Use reno mattresses to eliminate areas of significant erosion just
upstream of the pipe entrance and provide improvements to make the grate more
accessible for maintenance during heavy rains. This option will reduce erosion and damage
to yards from grate cleaning activities, but will do little to improve flood protection.
2. Intermediate approach - All of option 1 plus channel improvements to increase capacity and
reduce potential for erosion and creek wandering. The channel improvements can be
extended for the full reach of the creek or just upstream past the significantly flood prone
properties. While this option will reduce flooding, the grate at the culvert entrance can be
expected to be blocked with debris during heavy rainfall events as it does now.
3. Pipe option - This option would extend the existing culvert upstream until it connects with
the culvert near Peterson Street. Area intakes would be installed along the way to pick up
drainage from the yards. The pipe would be sized to carry most rainfall events. Since this
is a totally enclosed system, this option would have no grate to block with debris. This
option provides the greatest degree of flood protection and reliability.
Engineering and Public Works recommend the pipe option because it is the only option that can
provide any measure of reliable flood protection and it is favored by the majority of adjoining
property owners. Any open channel option is vulnerable to the grate at the culvert entrance
becoming blocked by debris. We also believe that as long as a majority of property owners
exist that desire improved flood protection, the City will continue to receive requests to extend
the pipe.
If you or the City Council desires, this issue can be scheduled for a work session for discussion
and direction from Council. Otherwise we can proceed with final design of the pipe option.
cc: Chuck Schmadeke
Jeff McClure
Erika Cooper
To= I0~ CITY CLERK
F~0~: Jo Roqa~ty 10-Z1-9~ 9,lSall p. 2 of 4
Jdan~on Co~nU
X_ -
'c.-.' < - c:~
Don Schr, Chairson .... -
Joe Bolkcom
Chiles D.
Stephen P. ~c~a
RECONVENE THE FORMAL MEETING OF OCTOBER 17, 1996
October 22, 1996
Agenda
1. Business from the P!mming and ?.,onhag Administrator.
a) Final consideration of the following Zoning Ordinance:
An amendment to the Johnson County Zoning Ordinance by
deleting 8:1.22:X2.(d., and adding a new 8:l.22:X2.(d. [At no time
shall approval be granted to developments which include lots
containing less than 50 percent of the lot area required, unless such
a development is in an RS-3, RS-5, or RS-10 District.
Developments in an RS-3, RS-5, or RS-10 District may include
lots containing less than 50 percent of the required lot area, but not
less than one (1) acre. All systems with fifteen (15) or more
connections, or that regularly serve more than twenty-five (25)
persons are to be considered "public water systems", as defined by
Chapter 455B. 171(17), Iowa Code (1995). ~nen a development
has less than fifteen (15) service connections or regularly serves
less than twenty-five (25) individuals, permitting and monitoring
will be in accordance with requ/rements prescribed by the Johnson
County Board of Health.]
913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
FAX: (319) 3564086
Agenda 10-22-96
Page 2
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8:1.9B RS-5 Suburban Residential
District. Permitted Uses: The use of premises in the RS-5
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Premises in the RS-5 District shall be restricted to those
accessory uses pennfiled in article 8:1.20.
An amendment to the Johnson County Zoning Ordinance by
adding a new paragraph 8.1.9C RS-10 Suburban Residential
District. Pe, mitted Uses: The use of premises in the RS-10
Suburban Residential District shall be the same as those set forth
for the RS-Suburban Residential District (see 8:1.9). Accessory
Uses: Premises in the RS-10 District shall be restricted to those
accessory uses penuitted in article 8: 1.20.
An amendment to the Johnson County Zoning Ordinance by
adding to chapter 8: 1.25 Area regulations. a new line, RS-5 100 5
acres 5 acres* *
b)
Adjourn.
An amendment to the Johnson County Zoning Ordinance by
adding to chapter 8:1.25 Area Regulations. a new line, RS-10 4~0
10 acres l0 acres **
Other
INFORMAL MEETING
:<:2_
Call to order following the formal meeting of October 17, 1996.
Review of the formal minutes of October 17th.
3. Business from Joanne Hora re: Senior Center update/discussion.
4. Business from Bonnie Orgren re: animal control/discussion.
Agenda 10-22-96
5. Business from the Conservation Board.
Page 3
a) Discussion re: Johnson County Conservation Board requesting the
Johnson County Board of Supervisors to transfer to the Conservation
Trust Fund the revenue received by the Conservation Board in FY '96.
b) Other
6. Business fi-om the Board of Supervisors.
Discussion re:
Discussion re:
December 31 st.
Discussion re:
Fireworks Ordinance and perufit. (Carol)
Boards and Commissions that have terms ending
Emergency Medical Services Training Money Contract
in the amount of $10,235.00.
Reports
Other
7. Discussion from the public.
8. Recess.
City of Iowa City
MEMORANDUM
To: Rick Fosse
From: Jeff McClure
Date; September 18, 1996
Re: Friendship Street/Shamrock Drive Creek Channel Improvement Project
I have compiled a chronological event list of my involvement with the above named
project. For comparison with the numbers provided in this memo, 21 property easements
would be necessary to construct this project. One (1) is City owned property and twenty
(20) are privately owned properties.
1/19/95
First letter mailed to neighborhood with questionnaire card requesting
opinion of potential creek channel improvements. (Letter and
questionnaire card attached).
2/7/95
Second letter mailed to neighborhood requesling a response to the first
letter and completion of the questionnaire card. (Letter attached).
2/24/95
Memo to Fosse from McClure summarizing the results of the
questionnaire cards. (Memo attached):
· Pipe 14
· No pipe 2
· Undecided 1
· No response 4
3-4/95
Creek channel research and information compiled.
5/1/95
Neighborhoodmeeting notification letter mailedto households. (Le~er
a~ached).
6/7/95
Neighborhood meeting held at Lucas School:
· Nine households attended
· Discussed flooding concerns and results desired from this potential
project
· Detailed information gathered to clearly identify the problem and aid
in the design process
· Comment sheets handed out to those who attended. (Sheet attached).
6/12/95
Letter and comment sheet mailed to households that did not attend 6/7/95
meeting. (Letter attached).
3e, a
7/12/95
9/13/95
1/17/96
4/12/96
5-6/96
7/19/96
8/15/96
8/22/96
9/4/96
9/5/96
Simplified summary of comment sheet results:
* Yes, want creek improvements done 11
· No, don't want creek improvements done 4
· Undecided 1
· No response 5
Creek channel area surveyed.
Mailed progress update letter to neighborhood. (Letter attached).
Memo to Fosse fi'om McClm'e regarding the Sensitive Areas Ordinance
review for this project. (Memo attached).
Preliminary project design and calculations performed.
Neighborhood meeting notification letter mailed to households. (Letter
attached).
Neighborhood meeting held at First National Bank.
· 11 households attended
· Discussed preliminary design options for maximum flood protection
· Response cards handed out. (Card attached)
Neighborhood meeting notification letter and response card mailed to
households that missed 8/15/96 meeting. Requested information of
substantiated flood damage. (Letter attached).
Neighborhood meeting notification letter mailed to households that
attended 8/15/96 meeting. Requested information of substantiated flood
damage. (Letter attached).
Neighborhood meeting held at Civic Center for those who missed the
8/15/96 meeting.
· 7 households attended
· Discussed preliminary design options for maximum flood protection
Attendees prompted to return response cards
Summary of last two neighborhood meeting attendance:
· 17 households attended
Of the 4 households that did not attend: I property owner lives in
Florida, 1 property owner is not mobile, 1 property is City owned, and
I household never responds
9/11/96
9/13/96
9/18/96
Phone calls made to households requesting return of response cards.
Summary of response card comments based upon information provided at
last two neighborhood meetings:
· Buried pipe l0
· Open channel 3
· Erosion control at entrance only
· None of the above 1
· No response 2
To date:
· Have not received substantiated property damage costs associated with
back yard flooding from households as requested
· To my knowledge, have responded to all household inquiries and
letters
· Awaiting direction on how to proceed with this project.
Jeff Davidson, Asst. Director, PCD
Erika Cooper, Neighborhood Services, PCD
c:~nso ffi cc\winword~pmjcctskshammekkraem_0918.doc
January 19, 1995
Dear ResidenffPreperty Owner:
CITY OF I0 WA CITY
As you are aware, there is a tributary (creek) to Ralston Creek running in a
southwest direction through your back yard from the existing outlet structure located at
the southwest comer of the Court Hill Apartment property to the existing culvert located
between 3216 and 3222 Shamrock. This portion of the creek w~s included in the mid-
80% Shamrock/Peterson Storm Sewer Project which included conslrucfing a culvert to
carry the creek from the existing pipe outlet to Ralston Creek. However, due to
resistance from property owners and difficulty in obtaining easemenu, only the south
portion of the project was constructed.
Recently, due to backyard flooding and erosion, the City has received requests by
residents to complete the Shamrock/Peterson Project and extend the culvert from the
existing culvert inlet up to the existing pipe outlet The project would include placing
underground culvert in the approximate location of the existing creek and connecting this
culvert pipe to the existing culvert and pipe facilities. Back yard inlels would be placed
along the pipe to collect storm water flows and direct it to the underground culvert. This
will decrease the over land flow of storm water that causes the flooding and erosion
along the creek. The City will need to obtain a permanent storm sewer easement above
the culvert fi'om the property owners. The attached sheet shows the approximate location
of the existing and proposed culvert along the creek.
The City would like to have your feeling on this project and assess the
neighborhood% commitment to this project before we commit our resources to its design.
Included with this letter is a pre-paid pestage card which allows you to check whether or
not you are interested in seeing this project behag completec~ Also, please add any
comment you may have on the card and feel free to call me at 356-5138 if you have any
questions. Thank you for your time.
Sincerely,
Jeff McClure
Iowa City Engineering Dept.
Slamming the Door
The low-wage jobs of the new economy cannot pay the rent.
If stable housing keeps families together and productive, why hasWashington let the
number of new subsidized housing units drop - to zero.'?
By Jason DeParle
Pho~ographs by Andrea Modica
dons bill, but its eye-swaining type breaks new
ground in the revision of the social conn"act. ~ith
one obscure sentence, the Federal Govemmem has
essentially conceded defeat in its decades-long drive
to make housing affordable to low-income Ameri-
cans. Even in an em of Government retreats this one
stands out, both for its importance and its odd election-year invisibility.
No one seems to have noticed, least of all the candidates. But two
decades of rising rents and falling wages have created record numbers of
people, including *.oorkingpeople, who can't afford to pay the rent.
The Govemment's response is noted on page 29 of the housing
bill's accompanying report. There, Congress specifies the number of
"incremental certificates and vouchers" -- in English, the number of
addit,ona] families that can expect rent subsidies from the Govern-
ment this year. Housing analysts monit~,r this number the way
pitchers study batting averages; it is the best single summary of what
they need to know. Protesters hit the streets during the early years of
Ronald Reagan's Presidency when the Government "slashed" the
number of new families getting help to 40,000 a year, from previous
highs of about 400,000. Oh, for the good old Reagan days: the bill
that President Clinton signed last month &ops the number to zero.
And there is no reason to hope that it will rise again.
Stable, affordable housing keeps kids in school and adults on the ion
It helps the upwardly mobile save to buy homes, and it keeps the
downwardly mobile out of foster care and shelters. While the housing
cuts are alarming for any number of immediate concrete reasons, they
also present a troubling symbolism. The zero marlcs the demise not just
of a budgetary line but also of a hope that has wansfixed reformers for a
century: that all Americans can find safe, decent and affordable homing.
These days that hope sounds quaint at best, if not impossibly naive.
Jason DeParle ~ a ~taff ~rnter far tbe Magazine beaed in Washington.
Housing has simply evaporated as a political issue. But housing
problems are far more central to the lives of the poor than a number
of the issues -- immunizations, school lunches -- that have made
recent headlines. The cost of shelter breaks the budgets of low-
income Americans or crowds them into violent ghettos, far from
good iobs and schools -- or both. Indeed, it's hard to imagine a
poverty solution that doesn't take account of the relentless struggles
most poor people face just finding a place to live.
About the time that Congress was eradicating the signature line
of housing policy, another report was rolling off the Govermnem
printing presses, again in utter obscurity. It notes that five million
needy households now pay more than half their pretax income for
shelter, a punishing percentage that can crowd out other pur-
chases, like food. (The Government says shelter is "affordable" if
rent and utilities consume no more than 30 percent of a house-
hold's income.) These five million households constitute a record
number and one that is growing at a near-record rate, through
recessions and recoveries alike.
Their circumstance is not, as it might seem, the perennial condition
for low-income Americans. It is something ominous and new. A
generation ago, there were more cheap apartments than poor families.
But demolition and gemrification have reduced the supply at a time
when stagnating incomes virtually doubled the demand. As a result,
there is a housing shortage that has altered the way low-income
Americans live. Throughout the provinces of the new low-wage
economy, people are making beds and guarding buildings, vacuuming
offices and washing dishes, and they can't afford the rent.
To put things in perspective, consider that 15 million households
qualify for Federal housing assistance, but only 4.5 million actually
get it. (Out of these, about a third live in Government-run projects,
and two-thirds rent from private landlords with Government help.)
Of the 103 million that don't get help, the 5 million that spend at
least half their income on shelter are simply the most desperate.
Indeed, the scarcity of housing assistance offers a preview of how
0'6.1
other programs may fare in a post-entitlement. balanced-budget
world. Only one eligible family in three receives aid, and the demand
is so great in many cities that even the waiting Lists are closed.
While those paying 50, 60 or even 70 percent of their income for
shelter include the disabled, the elderly and welfare recipients, there
are also surprising numbers of working families in the same fix. Two
million of the five million household heads with severe rent burdens
are employed, and 1.2 million are working full time. Among other
things, their situation offers a dark commentary on the stringent new
welfare bill. Say it proves its doubters wrong, and those pushed from
the rolls find jobs. Where are they supposed to Live?
THE DEATH OF AFFORDABLE HOUSING -- WHAT A STRANGE
notion in a nation as spectacularly housed as this one.
Overall the United States shelters more people in better-
quality homes than any country in the world. (Ask the Japanese.)
And it does so by offering the middle and upper classes exactly what
it tells the poor it can no longer afford: generous Government
subsidies. The $66 billion a year the Federal Government now
spends on mortgage-interest and property tax deductions is about
four t~mes as much as it spends on low-income housing. More
than two-thirds of it goes to families with incomes above $75,000.
If the candidates detect any inequity in this arrangement, they
haven't yet said so. For most of the campaign, they simply ignored
the subject of housing costs. Then after months of silence, Bob
Dole and Bill Clinton faced off this summer in a sudden competi-
tion to give prosperous homeowners even bigger breaks, by all but
eliminating capital gains taxes on the sale of expensive homes. On a
practical level, their proposals scarcely matter. Most homeowners
already qualify for the exemptions (at a cost to the Government of
another $20 billion a year). But as a matter of symbolism, the
further courtship of the lavishly housed captures all too well
Washington's reverse Robin Hood ways.
Perhaps it seems there is no other choice: the very words
"subsidized housing" conjure a landscape of failure and waste. But
the Government is curtailing its efforts just as the low-income-
housing world has produced a variety of success stories the nation
could build on, if not to serve the most desperately poor then at least
for those a step or two above. As counterintuitive as it seems, the past
two decades have arguably produced more successes in low-income
T~£ NEw YOR]~ TIM£$ MAGAZn~£ / OCTOBE. R 20, ] 996 ~3
[ailu~'c ant[ waste. But a.-. ~-t,~.:'.'.,.u'~ntuilive a~- ~t -.,.~cms. h's possible to ar§ue that
the past two decades b.,'. ?r.duced mow successes in low-income
housing lb,:r~ :..u any (:,thcr anll-poverty field.
housing than in any other realm of anti-
poverty policy. The quiet resuscitation of
parts of the South Bronx is just one example.
Most of the progress has been led by
nonprofit groups that, with Government and
foundation support, have grown into adept
landlords and developers. They screen tenants
and keep projects small; they monitor main-
tenance and strive, when possible, to mix the
poor with the working class. Hem'-f G. Cis-
neros, the Secretary of Housing and Urban
Development, is now trying to apply some of
those lessons to an ambitious redesign of the
worst pubhc housing. So far he has presided
over the destruction of 22,000 scarcely inhab-
itable apartments and is replacing them with
smaller, mixed-income developments. But the
effort comes with a cost. Since the new
complexes will also be sz..dl~'r, the overall
housing shortage may grow.
I got my first sense of the problem's
scale five years ago on a reporting trip to
Charlotte, N.C., which as a midsize South-
ern city is no one's idea of an unaffordable place to live. But a few
days in town and my notebooks were filled with the woes of low-
wage workers stooped by their rents. One was a character of such
earnest energy, and unlikely misfortune, that he's never quite [eft
my mind; if the housing crisis hit the big screen, Harold Coleman
could be its Jimmy Stewart.
A kitchen aide at a downtown hotel, he spent almost 60 percent of
his income to keep his w'de and two young sons in a decent
apartment. He furnished his living room with a reclining chair
salvaged from a Dumpster, and all was well, relatively spe 'aking, until
the police knocked one night at 3 A.M. and caned him off to iail. The
incriminating evidence was the extension cord connecting his alarm
clock to a neighbor's patio oudet. With no money for a utility
deposit, Harold Coleman had turned into an electricity pirate.
I returned to Charlotte recently to check on its housing situation
and found an impressive blend of economic growth and civic concern.
The city is booming, with two major sports teams, the headquarters
of two growing bank empires, a row of new skyscrapers and virtually
no unemployment. The good times have kept the public purse full,
and the city is spending a good sum on housing, more than S3 million
a year. The banks have been similarly generous, the housing groups
are sharp and Habitat for Humanity, the nonprofit home builder, has
constructed more homes in Charlotte than almost anyplace else.
Citing such promise a few years ago, Jimmy Carter came to town,
hammer in hand, to predict that Charlotte would become "the first
American community in the whole United States that's going to
succeed in eliminating poverty housing."
Guess how the story turns out.
AT 7;30 A.M. THE DOORS OF THE CRISIS ASSISTANCE MINISTRY HAVE
yet to open, but the line outside is already 60 deep. Each year about
12,000 people trek to the social services center, just north of
Charlotte's downtown, for help with rent
and utilities, and Crisis responds with a mix
of funds from churches, businesses, the
, Government and individuals. Today, the first
woman staked her place by arriving under
moonlight at 4:20 A.M. The door flings
open and the crowd rushes in, clutching the
numbered cards that determine the order in
which they'll be seen.
' j.,~:. ,"~'_'~ No. 4 is seeking a weekly room because a
friend kicked her out. "I am working," she
snaps at the social worker across the
~- counter. No. 12, a groundskeeper, carries
· :~.,~ his eviction papers with him, and so does
No. 17, a clerk at a temporary agency who
was laid off after breaking her toe. (Hers
come with a cheerful reminder from the
landlady: "Only good things can come
from paying your rent on time.") In an
effort to keep someone's lights turned on,
a Crisis worker calls Duke Power to say
the ministry will send a check. Though
social work is typically shrouded in euphe-
mism, this exchange comes with an exquisite clarifying slang. In
local parlance, this is "Crisis calling the Duke."
Though Charlotte is booming, so is its housing cr~is. The ministry
got 1,000 more requests for help last year than it did the year before;
despite the city's overall prosperity, those seeking help reported
incomes that were 4 percent lower and shelter costs that were 7
percent higher. Two years ago, the average person walking through
the ministry's doors paid $417 for rent and utilities out of a monthly
income of $622, a shelter burden of 67 percent. By last year, the
average was $448 out of $596 -- an astonishing 75 percent.
It's fair to question the precision of the numbers. (Poor people
tend to underreport their income.) But it's hard to find anyone in
Charlotte who doubts the general story the numbers tell. Char-
Iotte's city officials are as given to boosterism as those anywhere
else, but when they discuss their low-income-housing market, they
start quoting Dickens. "Even with such a bright future, Charlotte
is becoming a 'tale of two cities,'" says the city's official housing
plan. "There is a growing economic division of the 'haves' and
'have-nots.'"
There are 160,000 households in Charlotte, and about 20 percent
meet the Federal definition of "very low income"; that is, they live on
less than half the area's median income, or less than $21,000 a year.
The city plan notes that these households "cannot afford adequate
housing" and that they "oLen must make hard choices on whether to
spend their limited income on shelter, {ood or heat." About 10
percent -- 16,000 households -- live on less than $12,000 a year.
About their prospects, the city is even more pessimistic. Without
rental assistance, the plan says, they "are likely to be living in highly
unstable situations, or doubled up with other families, behind on their
rent and prone to eviction."
Each year the Federal Government publishes a list of "fair
market rents," locally adjusted cost estimates of decent but modest
shelter. And each year the National Low Income Housing Coali-
tion then calculates the wage needed to afford the rent. To afford a
one-bedroom apartment in Charlotte (at $454 a month), a worker
needs an hourly wage of $8.73. To afford a two-bedroom apart-
ment (at $511 a month), a worker needs $9.83. That is more than
twice the minimum wage of $4.75 an hour.
Notice here that we are talking about workers. Whatever one
chooses to think about welfare mothers and their children, the nation
makes no pretense to house them: only about one in four nationwide
gets rental assistance, and in North Carolina the rest live on cash
stipends that average about $270 a month. In other words, a mother
on welfare could spend I00 percent of her cash income for rent and
still have only half of what the Government says it costs to rent an
apartment. Indeed, a welfare check won't pay the fak m,uket mu i,
48 states, which is why most recipients rely on boyfriends or
unreported jobs, and why many families live doubled up. And so be it:
from President Clinton on down, the nation has just said, "Get a
job!" But the lesson of Charlotte's economy is that even when poor
people do, at hourly wages of $5.50, $6 or even $7, many will still find
themselves unable to afford a place to live.
As a result, the Crisis Assistance Ministry is flooded with we
and working families alike. At age 54, Mary Patton is a repeat c
though she has been working since her teens -- on farms, in te
mills and now as a night security guard at a commercial bakery.
started the job four years ago, at $4.75 an hour. By this summer she
up to, well, $4.75 an hour. "They don't give raises that often," she ~
Where does one live on a wage like that? Patton left
apartment when drug dealers shot through the door. She mt
from a second when a police helicopter landed in the backI
while raiding her drug-dealing neighbors. Then she found a s
brick cottage at the edge of a wooded cul-de-sac, which makes
yard a popular place for teen-agers to strip stolen cars. Pa
stores her lawn mower in the kitchen to keep it from being st,
and has decorated her bathroom walls with red pot holders, jus~
the cheer. Rent and utilities for the two-bedroom house, which
shares with a granddaughter, run $500 a month, or $6,000 a )
That's 61 percent of the annual earnings ($9,896) recorded on
most recent 1040 form.
Oddly enough, Charlotte's housing problems represent prog
of a sort. More accurately, they represent the price of progres
progress in this case being the eradlcation of the seriously substand-
ard housing that ~ prevalent in the United States a generation ago.
Mary Patton grew up in a house in the Carolina countryside with no
running water and a wood stove for heat. It was brutish but cheap: the
rent was jost $4 a month. Even CharIrate was awash in shotgun
shanties at the time. Now, for the most part, the outhouses, tin roofs
and slumlords are gone; they've been replaced by housing inspectors,
due process -- and rents that are out of reach.
Perhaps no one in Charlone knows more about the trade-offs than
Ted Fillette, a Legal Services lawyer who pushed for much of the
change. He arrived in Charlotte 23 years ago, fresh from a legal clinic
in Boston, then the hotbed of the tenants' rights movement.
Charlotte, he says, "was literally like a third world country-- tenants
were like serfs." The dry had an entire submarket of caveat emptor
homes: take 'era as you find 'era structures with weekly rents and no
heat. Tenants could be evicted on two days' notice if they dared to call
a housing inspector. "I just decided this would be my focus," he says.
'Wenants had to have some rights."
Now they do: fights to repa~ rights against e~ictions without a court
order;, rights to trial by judge and jury, rather than landlord-friendly
magistrates. What they don't have is money to pay for the imprc
housing stock. Fillcftc himself is ambbr, flent about the trade-off. "~
people better off when they were cold and paying $150 for their t
phce.~" he asks. "Or are they better off with heat and plumbing,
living doubled up or paying every last cent for rent? I don't know.
In the old days, one of Fillette's most frequent adversaries,
Robert PressIcy, a rural migrant in overalls who was among the rn
infamous of the city's low-income landlords. These days, the Pres.,
empire is run by Roberes son, Tony, who is no one's idea c
slumlord. Low-income property is a small part of his sprawl
commercial and residential business. He talks of renting inexpen.,
housing as a "duty," and he has served on the board of Chariot
leading nonprofit housing agency. But he owns less 1ow-incc
housing than his father did for a simple reason: there's no money ir
The market can adapt to the poor person's purse by sell
cheaper toys or shoes, but there are only so many corners that,
be cut in building cheaper housing. To be sure, codes should
simplified and red tape should be cut. But interest, utilities, t~
-- these costs are fixed, regardless of the occupants' income.
costs between $40,000 and $55,000 to build an 800-square-foot n
The marb.'t can adapt to Lhe poor pe]'st n' ptlr c hy se]lin
shoes; but there arc only so many corners Ihat car, hc cut to produce cheaper housing.
The only way to push the rents lower is th]'ou h a subsick'- to the tenant,
to the landlord or through the tax code.
be&oom apartment in Charlotte,
depending on the land and the inter-
e. st rate. To service the debt, main-
rain the building and earn a modest
rerum, landlords need to charge
rents of $600 to $750.
The only way to push the rents
substantially lower is through a
subsidy, either to the tellant or the
landlord or through the tax code. "I
can't walk on water -- and you don't
see any new $400-a-month apart-
menu coming on the market," Tony
PressIcy says. The handful he still
rents are mustly old ones, already
paid off. Though Fillcite has spent
his life suing landlords, he speak~
sympathetirally of the younger
Pressley. "It's virtually impossible
to make a profit and comply with
the law because of the inadequate income of the customers," he says.
When a middle-income family spends half its budget on shelter (in
fact, few do), it is making a life-style choice. When a low-income family
does so, it is courting a crisis. The remaining money is rarely enough to
pay for the bare necessites. Forget for a moment that these families may
find themsalves living in a virtual war zone. They may also be facing
e~ictions, utility cutoffs or even shortages of food.
Poor families tend to get displaced so often it's not hard to find
children in Charlotte who have attended six elementary schools in a
single year. Social workers at A Child's Place, a Charlotte program
for homeless children, recently saw a third grader who had been to 13
different schools in a year. In the District of Columbia, the head of
foster care has estimated that as many as half the city's foster children
could be reunited with their parents if the families had stable housing.
While there is surprisingly little research on the impact of rent
burdens, some disturbing hints come from Dr. Alan Meyers, a
pediatrician at the Boston Medical Center. In thYee different studies
(two with a colleague, Dr. Deborah A. Frank) he found a connection
between high rents and inadequate nutrition. In a 1993 study of 580
poor children, he found iron deficiencies in 19 percent of those
whose families had subsidized rents. But of those in families without
housing subsidies, 30 percent were iron deficient. In 1995 he
published a more sophisticated study of 200 poor children, and this
time the differences were even more dramatic. Only 3 percent of the
children whose families got housing assistance were underweight for
their age. But of the children whose families were on the housing
waiting list, 22 percent were underweight. Earlier this year, Meyers
published a third study. After examining the records of 11,000
children, he found that they were most likely to be underweight in
the 90 days after the coldest month of the year. This bolstered his
theory that families choose whether to "heat or eat."
Enough wild claims get made on the topics of homelessness and
hunger that one hesitates to make too much of the findings. As Meyers
is quick to note, two are based on small samples, and all come from a
single hospital. As a scientist, he calls them "suggestive." But as a citizen
he speaks with less equivocation:
"It's not rocket science. Without
housing subsidies, the likdihood is
that there will be more hungry and
undernourished children."
And more parents like Richard
Usscry, a veteran of the Crisis
Ministry lines. His file there shows
a trail 15 years long of utility cut-
offs and eviction notices and dou-
bling up with relatives, though it
also shows steady employment.
He's 43, separated from his wife
and raising an 11-year-old son on
his own. These days he's unloading
trucks at piecemeal rates. He's
been with the same company for
about four years. His wages aver-
age less than $6 an hour.
I found him in August in a
weather-beaten two-bedroom home stuck between two car lots. He
was spending about 50 percent of his income on shelter, which
doesn't count the $240 repair when Richard Jr. dropped a tennis ball
down the toilet. He had curtains on the windows and napkin rings on
the table. He also had a stack of eviction threats, with court dates for
February, May, June and July. Each had been averted at the last
minute by family loans or Crisis Ministry donations or forgone
luxuries like fixing his broken false teeth. "Don't none of them go to
trial," he declared. "I always pay 'em."
In a three-hour conversa6on, Usscry did not utter a word of malice
toward his landlord, "who's doing what he got to do." And there wasn't
a trace o[ sarcasm in his '~oice when he said, "I love this place."
When I called back a few weeks later, Ussery had been evicted.
THE BULLDOZER LOOKS LIKE A HORROR-FILM INSECT AS IT
roars across a desolate lot in Detroit. It slams its steel claw
through a second-story window and lunches on bricks and
glass. The action has drawn a crowd straight out of 'q'he Bonfire of
the Vanities" -- kids chomping hot dogs, guys in dashikis, television
crews and a man in purple sunglasses who flashes peace signs. When
the demolition dust settles and the cheers fade, another 1,064 units of
public housing will he in ruins.
The scene cries out as a metaphor, but a metaphor for what? Presiding
in a ceremonial hard hat, Henry Cisneros, the Housing Secretary, hopes
the rubble will stand for renewal, of public housing and of urban life
more generally. At a time when most housing funds are being trimmed,
Cisneros will spend $80 million to transform the site into a smaller,
mixed-income development. He is uying to bring down a total of
100,000 of the nation's most blighted units over the next few years.
"This is about a renaissance," he tells the crowd, "a rebudding."
But his efforts coincide with a second, less-happy demolition, that
of the overall housing budget. Across the country, the Government is
being torced to spend many new billions repairing, preserving or
replacing apartments it built years ago; this leaves almost no money
for new ones. Housing secretaries like Continued on page 68
HOUSING
Cofifinueg f~om Pa~e ~?
to measure their ProFess by
the extent to which the sub-
sidlzed inventory grows.
But Cisneros may be the
first to see it actually shrink.
"It's like bailing water out
of the boat while at the other
end someone's got a hose
and they're Idling it from the
ocean," he says, leaving the
demolition site. '%1o matter
liow fast you bail, you can't
beat the water coming in. I
hope against hope -- I hope
against reason -- that the
other things we're doing will
keep us even."
Keep us euen: it says some-
thing when the rodoh's
Housing Secretary "hopes
against reason" to preserve a
status quo that is at a record
level of distress. ]But eisneros
is right to consider this an
exercise ha optimism, since he
operates in a political c[h-nate
hostile to low-income hous-
ing in every way. He runs a
discredited bureaucracy with
an unpopular cause at a time
when even popular programs
have trouble getting financed.
President Clinton came to
office with a crowded agen-
da, and housing was no-
where on it. Moreover,
housing programs always
face a competitive disadvan-
tage in Congress. They don't
just serve a smattering of
poor people with no political
pull; they also compete in
the same appropriations bill
with formidable rival inter-
ests -- like vetcram' bene-
fits, the space program. envi-
ronmental programs and
Americorps (the President's
national service initiative).
And Cisneros' personal
clout certainly didn't grow
when Federal agents began
investigating his payments to
a former girlfriend.
Still, he has worked
Washington with the same
skills he used in San Anto-
nio to become the nation's
first big-city Hispanic May-
or at the age of 33; other-
wise, housing funds would
be eroding even faster. After
losing a fight for money for
the homeless, Cisneros won
an Oval Office appeal by
reminding Clinton that the
inner-city vote in Cleveland
and Detroit had clinched
two crucial state victories.
When Vice President Al
Gore thought about abol-
ishing the Housing Depart-
ment, Cisneros got out
front with a "reinvention
plan." He stalked around
the White House after
hours, slipping his plan un-
der the doors of officials
three ranks beneath him. It
was demeaning, but effec-
tive. "Henry did more with
less than anyone I can think
of," says Christopher Edley,
a former White House
budget official. "Under a
lesser politician, the depart-
ment might be dead."
But Cisneros has litde con-
trol over the broader market
forces that leave those like
Harold Coleman in a state of
permanent cnas: nsmg rents
and falling incomes, As re-
tenfly as 1970 there were
almost a million more cheap
apartments nationwide than
there were poor households.
('l'he Center on Budget and
Policy Priorities defines a
"cheap" apartment as one
that rented for the equivalent
of $325 today.) But bulldoz-
elz knocked some of those
units down. Gentrifieation
fixed others up. And rent
hikes in general outstripped
inflation. Meanwhile, as
housing disappeared, the
number of needy families ex-
ploded diinng two decades of
wage erosion. There are now
12 percent fewer cheap ap~r~-
merits than there were in
1970 but 72 percent more
needy households: instead of
a housing surplus, there is a
gap -- of nearly five million
apartments.
In thinking about why this
matters, it's important to re-
member that the housing
market doesn't just reflect
the nation's income inequal-
ity. It also increases it. While
renters are paying more and
more for shelter, homoown-
ers are now paying less --
even while accumulating the
ultimate prize: equity. In
1980 the average homeowner
had a mortgage that con-
sumed 30 percent of his af-
tcr-t~x income. Now i~ con-
stunes 23 percent. Ci"he dif-
ference is due m lower inter-
est rates and fewer overheat-
ed markets.) In hct, the aver-
age homeowner now spends
a slightly smaller percentage
of income on shelter than
dots the avenge renter, even
while accumulating conrider-
able weakh. In other words,
the housing market offers an
increasingly welcome deal to
the two-thirds of Americans
who can afford to buy. And it
in~a'~asiagly punishes the
third leh behind.
WrlTH RENTS urP
and wages down,
there's basically
one way to f~ the gap: Gov-
ernment help. But housing is
a uniquely expensive social
program. It costs more than
$6,000 a year to house each
additional poor family. (By
contrast, it costs $5,000 a year
to provide Medicare to an
elderly person.) As budgets
have tightened, it's no won-
der that the number of new
units has fallen.
In the heyday of housing
programs, the mid-1970's,
the Government was financ-
ing about 400,000 new
apartments a year. In the
early 1990's the average had
dropped to 36,000. That
meant Charlotte was hous-
ing fewer than 25 additional
families a year;, its waiting
list is 2,900 families long.
And that v~ b~re the
housing budget started to im-
plod= Throughout the
Housing Department, a se-
ries of old bills are wreaking
havoc on the $20 billion
budget. The technical details
could fill a h'brary, but the
point is easy to grasp: the
cost of preserving the stock
has crowded out money for
expanding it.
The department now
spends almost $2.5 billion a
year just to upgrade old
public housing projects, re'-
placing boilers and roofs. It
spends $550 million to bull-
doze and rebuild sites like
the one in Detroit. It spends
another $400 million to plug
a loophole in a program
from the 1960's and 70's
that gave low-interest loans
to private landlords willing
to house the needy:. the pro-
gram gave landlords the
right, after two decades, to
evict the poor and raise the
rent, and without the new
subsidies, most would.
The department even has
its own miniature version of
the savings-and-loan crisis
looming on the horizon,
which has largely gone un-
noticed. The department in-
sures the mortgages on
about 700,000 Financially
troubled private apartments.
If all the owners default, the
bailout costs over the next
few yetrs could reach
billion. Even a fraction of
such losses, which now
seem all but inevitable,
promise to plunge the de-
partment into deeper politi-
cal and financial turmoil.
At the moment, the old-
bill pro,blem is most severe
in what s known ns the Sec-
tion 8 program, which has
long been the flagship of the
nation's affordable-housing
strategy. Though convcu-
riohal public housing is bet-
ter known, Section 8 houses
about twice as many families
through payments to/:~/vate
landlords. The 2.9 million
families enrolled in the pro-
gram spend 30 percent of
their income on rent and
utilities, and the Govern-
(About half the program is
"project based," meaning
tenants have to live in spe-
cific apmments; the other
half is "tenant based,"
meaning families can take
their subsidies and move.)
Like other housing pro~
grams, this one has had its
scandals, but on the whole
the tenant-based certificates
offer the fastest, easiest way
to house the poor. And they
are particularly appealing to
market-otiented reformers
because they "empower"
tenants with choices that
conventional projects don't
allow: those who don't like
where they live can leave.
When the certificates
were first issued in the
1970's, they were financed
through long-term con-
tracts. But those contracts
are now expiring in record
numbers, and they cost bil-
lions to renew. unless th
department finds the mo,
ey, the subsidies will expi~
and the families will fac
eviction. This year alot
the department has to
new the subsidies e
800,000 apartments, at
cost of about $3.6 billio:
In the year 2000 the &par
ment will have to refinam
2.5 million apartments, at
staggering cost of $17 bi
lion. That is, the cost
Section 8 renewals
could soon devour the d
partmenr's entire budget.
Scrambling for ways
save money, Congress h
settled on an obvious on
stop the program's expa
sion. In truth, the housi~
expansion hasn't just en.
ed; an absolute reductit
has already begun. Wi
some technical tinkerin
Congress has managed
slightly reduce the numb
of certificates in use at
given time. And given
imminent financial pr~
sures, most analysts thi~
that's just a taste of thin
to come; some predict t
overall inventory
shrink by as much as
percent. '"We'll be ve
lucky if we don't lose
million of the 4.5 milli,
subsidized units that are
ready occupied by very h
income people," s~
Cushing Dolbeare, t
dean of housing advocau
The cuts make peril
sense for the Governmen
budget. But they offer
hopes for those at the
tom of a new housing ec¢
omy in which wages do
pay the rent. And the but
et cutters know it. 'D
don't predict that the m
ket will fill in the g
They're not really counsi
on the poor to bootau
themselves out of trout
(Though they sometin
express that hope.) In n
ments of greatest cand
they simply say that so
needs are so great that
Government can't m
them and that housing i
textbook case. "It's a r~
nasty problem," says a
publican aide who hell
Continued on
HOUSING
Continued/ram page 68
draft the housing budget.
"There's no way to put a
happy face on that."
It's true that other Gov-
ernment programs still build
housing, including a hom-
ing tax credit and two hom-
ing block grants. (But with-
out a st:bsidy like Section §,
poor himlies can't afford
the units these programs
produce.) And it is true that
the Government has other
programs for the working
poor, most notably an
earned-income tax credit
that provides cash payments
up to$3,500 a yeax. (Indeed,
that's a smarter solution
than many housing pto-
grams offer, since it spreads
subsidies further and by-
passes bureaucracies.) And
it's also trae that the Gov-
ernment can't just spend
and spend. Higher defttits
mean higher interest rates,
and that hurts the poor, too.
The point isn't that the
Government has done noth-
ing. The point is that it
hasn't done enough to give
must poor familie~ a chance
at decent hotrainD and that it
doesn't do nearly as much
for the needy as it does for
those with means. Govern-
ment housing subsidies now
do the most for those who
need them least. And the
pohti~ of the country are
cormreed in a way that pad
the i~ue no mind.
Last month when Prefi-
dent Clinton signed the bill
that fever*es decades of
houfing history, he actually
did so in the middle of a Rose
Garden celebration. A cele-
brad0n, that is, of an unreht-
ed provision in the same bill
-- which guarantees new
mothers longer hospital
stays. Surrotm&d by ,liT':-
taries of both parties, Clinton
said it was an "honor to sign
this legishtion~" letting the
day's real ne~s -- the death
of a~ordable housing -- pass
wlthom corm-nent-
ON THE NORTH SIDE OF
Charlotte, a middle-aged
woman in a shiny new van
pulls over to snoop. She is
sin-rounded by ~ht square
blocks of resv~ected blight
with an appropriately biblical
name, Genesis Pank. Bm h~
in theh' mi&t is a last tam-
shackle house, with a
chested man on a milk mtte
in the front yard. 'q"his is
$kinny's Liquor House
here." she says, pointing to
the neighborhood speak-
easy. "Skinny has about two
weeks left before he's locked
out and ~cted --. ~,e bought
the hot~e."
Pat G-~-~tt is what a hom-
ing solution might look like if
the country had more money
and will. She's just the sort of
are~twise character that a
homing organization needs
-- part so6al worker, part
bottom-line banker. Her pre-
c. epts are those of other suc-
cessn~ manngem se~en ten-
ants, tend to maintenance and
edct ttoublemakem '~ you
don't have a good property
manager, you're g,o, ing to be
in a ~ofid of hurt, she says.
If Garreus are what most
dries ne~t, the good news is
that many have them, at least
in limited supply. There are
now about 2,000 nonprofit
boosing groups like hers, and
they've built or renovated
more than 450,000 uni~
most of them in the past
decade. They openRe with
Government subsidies
thuse programs that have
survived the cuts as well as
with corporate and private
contn'busiom. They also get
important
foundations (the Emerprise
Foundation and the Local
Initiatives Support Corpora-
tion) in picking their way
through the technical thick-
ets of devdopmem. Their
impressive track records ad-
&e~ the fear that more sun
fidized housing would mean
more Government-financed
slun~.
But the first problem is
that there isn't nearly
enough money to go
around. With the groups
now building about 50,000
units a year, it would take a
centmy to house the five
million families with severe
rein bur&ns. The second
problem is that the surviv-
ing programs aren't suffi-
ciently targeted to the poor.
Nonprofit developers like
Garrett rely on three main
Government pro~arns: the
low-income-housing tax
credit, the community de-
velopment block gnuat and
the Home block grant.
Those programs generally
serve less needy people --
those with incomes that are
60 percent of the medhn, or
about $25,000 in Charlotte.
There's a reason: the less
needy ate emier to serve.
No one really knows how to
house large numbers of the
poorest people, espeehlly
those on welfare- Group
them together and neigh-
borhooda cotlapse; spread
them out in the suburbs,
and their new neighbors
rebel. But with more Gov-
ernment support, Garrett is
convinced that she could
build safe, affordable hous-
ing for those a haft-step up
-- people with incomes in
the $10,000-to412,000
range, like Mary Patton and
Richard U~ery. "The big
quesdon is the funny mon-
ey -- the subsidy money,"
she says. ,
Charlotte s willingness to
provide its own ftmny mon-
ey is unusual; most cities
simply spend Federal dol-
lara. After years of dv~ll,§
with Ted Fillette's suita, the
city's corporate and govern-
ment elite decided it wanted
to do more to house the
needy. In 1986 they enn-
veneda two-day symposium
and brought in James
Rouse, the fabled developer
and the founder of the
terprise Foundation. Within
a year, charlotte made the
decision to set aside $4.5
million of its growing annu-
al revenues just for low-
income housing.
The main benSiciary is
C,m-reres ~oup, the Char-
1otte. Meckle,nb, urg Housing.
Parmershlp. It s a public-pn-
ws.e venture set up by the
city and the town's major
ba,k~. In seven yeals it has
built or renovated more than
starting at $245. And it has
also produced about 281 sin-
gle-{amily home~, with mort-
gages in the $400-to-$550
range. Each des] comes with
i~ own endlessly complex
financing mategy; Garrett
has gntblx. d loans and grant~
from the dty, state and Feds.
But her main support is a $2
million annual contribution
from the city. And the I:~
have established a pool of
modestly subsidized loans for
those who buy the parmer-
ship's homes.
No neighborhood shows
the Fayoff more than Gene-
sis Park The neighborhood
was a drug market of such
reno~-n that e~en the adja-
cent ho~ing project put up
a wall to prote~t itself. In the
past four years the parmer-
ship has bought more than
half of the area's 169 home~
which it has renovated and
sold at below-market rates;
homes start in the low
$S0,000's, with monthly
mortgages of abour $450.
Other housing groups also
got involved, and the'dty
brought in two "community
policemen" to bityale down
its four main streets. In
1993, Genesis Park ranked
f~t among the dty's 73
neighbothood~ in violent
crime. A year hter it ranked
41st and violent crime had
dropped 74 percent.
encouraging thing
about Charlotte is that other
groups, in other neighbor-
hoods, can boast of sin,.ilar
successes. There are plenty of
models for the Govermment
to build upon and expand;
what's missing is the money.
Even Charlotte's housing au-
thority, which deals with the
poorest tenants, has a few
bright spots. Its p. tesident,
Harrison Shannon, ss an up-
from-nmhlng Vietnam vet-
eran who dresses in French
caffs and preaches a gospel of
seff-hdp. Not long ago we
Continual on page 105
84
HOUSING
Continued fi'om page 94
climbed into his car for a
tour of his 5,000-unit
pire. Most of the old, large
complexes look like public
homing everywhere: run-
down acres of Government
tenements with too many
idle people and a general feel
of menace. But as the tour
went on, we started roiling
through some of Charlotte's
nicer neighborhoods, on the
way to more public housing.
Beyond the downtown
core, there are 20 "scattered
site" developments of no
more than 50 units each.
Most had prompted tooth-
and-claw fights from the
neighbors, who had under-
standable fears about prop-
erry values. Understandable
but, as it turin out, unneces-
sary. According to a study
by the University of North
Carolina at Charlotte, home
values in those neighbor-
hoods rose between 84 per-
cent and 127 percent in the
decade after the public hous-
ing was built. And property
values grew just as fast in
those neighborhoods as in
other, comFr~ble parts of
the city.
But the numbers are le~
impressDe than the apart-
merits themselves, which
blend in with the surround-
ing racquet clubs and bistros.
The most intriguing sight
can be found off Fairview
Road in Charlotte's boom-
ing southeast corridor. On
one side of the road there's
Morrocroft, a subdivision of
million-dollar homes whose
wrought-iron gates are as
sel/-cooscions as its name.
Just down the road is Live
Oak, 32 units of public
housing on nine wooded
acres. And in bezween,
there's a free little reminder
that housing programs can
work. It's a sign in a muddy
field that says, "Future site
of Dean & DehcaJ'
DURING MY VISIT TO
Charlotte, I kept wondering
what had become of poor
Harold Coleman and his
legally illumined alarm
clock. What picaresque
strategies had he seized
upon now to keep pace with
the rent? He v,~sn't in the
phone book, he wsn't on
the old job and transience of
the poor suggested he prob-
ably wasn't in Charlotte at
all. But I found a phone
number in an old notebook
and dialed in on a whim.
He answered on the Fzrst
ring. '~/e kept the same
phone number," he ex-
plained. "I'm bad at remem-
bering phone numbers."
A few hours later, J arrive
at a modest brick home on a
quiet, wooded street and
find an old Honda with a
license phte that says,
"Christian Radio: A New
Way of Life." Harold and hi~
wife, Vicky, have become d~-
your B:ptists. "It's really
sparked a light in our life,"
he says. Now 28, Harold has
stepped up from his $5 wage
as a hotd fry cook, to a $7-
an-hour job as a maintenance
man at the church. Though
he's had expensive eye sur-
gery as a result of his disbo-
res, a foundation helped with
the bills, mad Iris two boys,
Tony and Joshua, look
healthy and happy.
The Colemare have given
up the food stamps for which
they otherwise qoalify, pmly
because of the ha~le in-
volved, but also because they
do not wa~t to be seen as
charity cases by th& affluent
congregation. They have two
nice bikes hanging from pegs
on the dining-room wall, and
they laugh when remind~ of
the old electricity caper. 'Me
belng as nd~ve as I am, I didn't
r~alize it ~s illegg," Vicky
In other words, things
have fallen into place for the
Colemaas -- everything,
that is, but the rent. Assum-
ing he works full time all
year at $? an hour, Harold
can pull in $14,500. If he gsts
lucky and la~ds $1,000 in
overtime, that's $15,500.
Throw in the $2,700 he gets
through the earned-income
tax credit, and his total in-
come rises to $18,200. But
his rent and utilities run $600
a month. Or $7,200 a year.
Or about 40 percem of the
Coleroans' annual income.
That is, after £rve years of
striving and 10,000 hours on
the job, Harold is still barely
it.
His family still has a fde at
the Crisis Ministry, and it's
replete with utility cutoff no-
tim -- two from this year
alone. He and hh wife stand
in line at the center together
so neither suffer~ the indigni-
ty alone. "It's degndlng in a
way," Harold says. "We're
like, ~jee~ I can't beheve this
is happening.'"
But Harold is nothing if
not an optimist. He notes
that Job had it worse. With
the kids in school, Vicky is
about to start a job. And if
the economy keeps grow-
ing, and the car doesn't quit,
and Harold stays healthy --
who knows? Maybe they'll
keep the lights and heat on
next year.
Among today's low-wage
renters, this is what passes
for success. ·
Dear Mr. Baker:
I ]]ave read your long missive discussing ~ssues regarding the killing
of Eric Shaw and the business of the City Council and the police.
You state in your opening remarks that "the Shaws are not the issue.
Then you state much later, near your closing, that the memory of
Eric Shaw would not be "honored" by the imprisonment of Mr. Gillaspie.
You are really all over the place. You scuttle from sophistry to
sophistry, and ! want to tell you- you do not persuade. This long
letter seems to me to be filled with far too much anxious self interest
and too little pragmatic thought about the severity of what has really
happened in this community and wko has truly been damaged by these
events. It isn't you, Mr. Baker. I submit to you that it is never at
issue how a victim is ~'honored" by the workings of justice. Justice
serves a higher purpose, and should be equanimical. What was poorly
served here was not a matter of personality, or of individuals,
or even of the tragic survivors of this terrible event. Justice was
simply neutralized in Mr. White's decision. And cloaked in sentimental
statements about the killer, the victim, and the family You repeat
those ideas in your letter.
And you could not be more wrong about Karen Kubby. I suspect you
envy the generous affection in this community for her. She has the
grace to listen without reservation- a rare gift, and certainly not
one other council members possess. You seem to have a personal agenda,
and it seems made of your accumulated resentments. They show throughout
your writing. And they show, too, in your face and your demeanor at
the council meetings.
And you are condescending, by the way. I believe that Karen has proven
to be the only council member prepared to deal honestly and humanely
with every element of the community terrified and outraged by the
event of Eric Shaw's death. I am a psychiatric nurse and well aware
that some members of the community attending the meetings regarding
this issue were mentally ill. Statements were made at the meetings
I attended that made me cringe. But the community present that night
embraced everyone that spoke, despite the awkwardness of some of the
speakers. That said, no one made me cringe more than Dean Thornberry.
Contempt WILL out.- and it is obvious to me that there is plenty of
it to go around- though it wears different disguises among the members
of the City Council.
Finally, I am not too cynical to trust a police report, but too widely
travelled to trust such a report. Anyone who has served a powerful
institution for any length of time understands how information is
managed in such a settint3. Shame on you for equati]~g the desire for
justice with the desire for revenge. That Js ~ statement you have
no business making in any public forum. It insults all of us.
HISNETA ....................................... -_
Intent
A Policy Proposal to Adopt a
Police Citizen's Review Board
October 21, 1996
The purpose of this policy statement is to establish the guidelines which shall govern the
expeditious and thorough investigation of complaints filed against Police officers. The
following guidelines are to ensure a fair determination of a police officer's conduct and
determine the underlying causes of unsatisfactory conduct so that action may be taken
to remedy that conduct.
By virtue of an ordinance to be later adopted, it is the City Councirs intent that the PCRB
shall have the authority to review policies and procedures as needed or upon the request
of the City Council or City Manager. The review of such policies, practices, and
procedures is intended to assist the I.C.P.D. to develop programs and strategies to
promote positive police-community relations.
The Police Citizen's Review Board (PCRB) will be made up of Iowa City citizens, who
will carry out a fair and equitable review process available to any complainant without
cost to the complaintant, and without the need for attorneys. The PCRB will interpret its
procedures in the spirit of the policy and ordinance adopted by the City Council and in
the best interests of the City of Iowa City. The City Council will provide sufficient
budgetary support to allow the PCRB to fulfill their responsibilities as identified by
ordinance.
Complaint
A complaint will be defined as an allegation made by a person that a sworn police officer
of the Police Department has violated a Department rule or regulation or has violated a
law or engaged in conduct detrimental to the Department. All formal complaints filed
with the PCRB should be in writing on forms supplied by the PCRB and signed by the
complainant. Complaint forms will include the following words: "1 hereby certify that to
the best of my knowledge, the statements made herein are true. I also understand my
2
verbal testimony before the PCRB or any related review authority, such as the Civil
Service Commission, shall be given under oath." The person making the complaint must
have personal knowledge of the incident. A formal complaint must be filed with the
PCRB within 60 days of the alleged incident. Complaints should allege facts which, if
true, would establish that misconduct occurred. If there is no aggrieved person to initiate
a complaint, or in any case involving the death of a person, the PCRB may, at any time,
with a majority of affirmative votes of members present, authorize an investigation or
such action as the Board deems appropriate. All complaints will be received and
reviewed. The PCRB shall maintain a central register of all complaints.
* It is recognized that employees of the Police Department are covered by separate collective
bargaining agreements which identify disciplinary procedures. The investigative process and any
related review of employee conduct will recognize those agreements and the action of the PCRB
will be guided accordingly.
Complaint Intake
Complaints will be received by non-police personnel, trained to assist in the
completion of necessary forms. Forms will be made available at convenient
locations,
Complaint intake may occur at a location other than the Police Department offices.
Site(s) to be determined. Complainants may file with the Police Department
offices.
· Complaint intake will include:
1. Complainant may request assistance in filing a formal written complaint.
e
Complainant may request and be provided a complaint form which may be
completed and returned at a later date, as long as it remains within
established timelines required.
3
The PCRB and Chief of Police must be notified immediately of the filing of
a formal complaint.
The chair of the PCRB will acknowledge receipt to the complainant within
5 business days of receipt. The PCRB will advise the complainant of the
process which will be followed in handling the complaint, The complainant
may withdraw the complaint if the complaintant chooses after being
informed of the process.
Mediation
Mediation is an informal process held before one PCRB member (or approved
mediator) and attended by the complainant and the subject police officer for the
purpose of fully, thoroughly, and frankly discussing the alleged misconduct and
attempting to arrive at a mutually agreeable resolution of the complaint. Mediation
may be considered in all cases except those involving the death of an individual.
Mediation will be attempted when all parties agree: 1) complainant, 2) PCRB,
(3) Police Department, and (4) subject officer.
Successful mediation shall be defined as a process in which the parties have
heard, clarified and understood the issues and all other points of view. This may
result in agreement or an agreement to disagree.
The PCRB shall define procedures with respect to the selection of a mediator and
respective timetables concerning initiation, investigation, and related procedural
matters.
Either par~j, within days of the conclusion of mediation, may appeal the
mediator's decision to the full PCRB for review.
4
Within days of filing an appeal, the PCRB may, if good cause is
determined by a vote of a majority of the PCRB (mediator may not vote), grant the
petition of appeal and either reinstitute mediation, dismiss the complaint, or order
a formal investigation.
Manner of Conducting Investigation
Formal complaints are filed with the PCRB and the Chief of Police. The PCRB
must determine if the complaint is within their jurisdiction. If the complaint is not
within the PCRB'sjurisdiction, the complainant should be advised of other possible
remedies available, if any. If the complainant withdraws the complaint, for other
than jurisdictional reasons, those reasons are to be documented.
If the complaint concerns a departmental policy or procedure and that
policy or procedure is believed to be minor in nature, the PCRB intake
personnel or the complainant may attempt to resolve the complaint by
arranging (requesting) a meeting/conference with the watch commander of
the subject officer.
If the complainant remains dissatisfied or chooses not to meet with the
watch commander, they may pursue the formal, structured complaint
process.
The PCRB may also suggest mediation as a means to resolve the
complaint. Mediation is defined in a separate section.
Upon receipt of a formal complaint, the PCRB shall direct the Chief of Police to
initiate an internal investigation. The investigation will follow traditional police
investigative procedures. These include:
The investigation shall be conducted in a manner designed to produce a
minimum of inconvenience and embarrassment to all parties.
5
Parties involved shall be notified immediately of the initiation of a formal
investigation.
In the event that litigation relating to the matter of the complaint is known
to be commenced or to be contemplated by or against any party to the
complaint, consultation with an attorney will be suggested.
Constitutional rights shall be notified to all parties. While the subject officer
may invoke the Fifth Amendment concerning potential criminal charges,
police officers have a duty to answer questions before the PCRB regarding
conduct and observations which adse in the course of their employment
and may be subject to discipline for refusal to respond in accordance with
personnel policies, for failure to respond.
Whenever the investigating officer takes a statement, the statement shall be tape
recorded and whenever practical a summary will be prepared by the investigating
officer, and the summary shall be signed by the person giving the statement.
Tape recordings and statements will be preserved in accordance with applicable
law or related City procedures or policies.
The investigation shall be concluded within 30 days of receipt of the formal
complaint by the PCRB. The PCRB may grant an extension of time at the request
of the Chief of Police. The investigating officer shall prepare a report in narrative
for the Chief of Police setting forth the facts.
o
Investigative reports and all related matters will remain confidential, as provided
by law. However, if the PCRB finds police misconduct has occurred, the report,
in whole or in part, may be become a public record as provided by Iowa's open
records law.
The Chief of Police will present his findings to the PCRB in sufficient detail to
enable the PCRB to conduct a meaningful review. This will include:
6
Detailed findings of fact concerning the incident, including background and
employment record of the subject officer, and demographics of all persons
involved.
Specific identification of the laws, policies, rules, and regulations implicated
by the complaint.
If there is a finding of misconduct, the discipline recommended and a
rationale for the discipline.
10.
The PCRB may request additional information of the Chief of Police as
appropriate. In all cases, the PCRB shall communicate to the Chief of Police,
within days of receipt of the investigative report, whether the PCRB
concurs with the findings and recommendations; whether the Board requests
additional information; whether the Board wishes to initiate an independent
investigation of the facts to be reported directly to the Board as appropriate, and
in accordance with PCRB procedures and budgetary authority.
11.
12.
If the Chief of Police, in his final decision, disagrees with any finding or
recommendation of the PCRB, he shall identify in writing his reasons for
disagreement. The Chief of Police will initiate discipline in accordance with the
applicable law, labor agreements, and with the advice of the PCRB.
The PCRB shall use a standard of clear and convincing evidence in determining
their findings.
13.
Disciplinary decisions may be appealed by the sworn officer to the Civil Service
Commission.
7
Policy and Procedure Review
From time to time and specifically when identified as a result of the findings
associated with the complaint investigation and review process, the PCRB may
initiate their own review of policies and procedures as appropriate. Notably in
preparation of the police accreditation study by the Commission on the
Accreditation of Law Enforcement Agencies, or any other similar agency, the
PCRB will be consulted on the policy review. The PCRB as a routine
responsibility, in accordance with maintaining accredited status, shall conduct a
review of police policy and procedure on a periodic basis.
The PCRB will report, at least annually, to the City Council the summary of their
work in a formst similar to other City boards and commissions.
Board Membership
The PCRB shall be a seven member commission appointed by the City Council for four-year
terms. Each member shall be an Iowa City resident and must remain a resident while serving
on the PCRB. If the PCRB member were to move from/no longer reside in Iowa City that
member shall be considered as resigning from the PCRB. The City Council shall appoint
members. The Johnson County Bar Association will be requested to submit name(s) of
individuals they would suggest as members of the PCRB and at least one member of the PCRB
will be an individual suggested by the Johnson County Bar Association. All other members are
chosen by a selection process similar to that of other City board/commission members. It is the
policy of the City Council to include persons from a wide spectrum of the community as members
of the PCRB.
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 21, 1996
City Council
City Manager
Cedar Rapids m Sales Tax Update
At the suggestion of Mayor Novick I contacted Matt Paul, the Administrative Assistant to the
Mayor in Cedar Rapids. I specifically asked for an update on any issues associated with plans
for Cedar Rapids to pursue a sales tax. They have evidently undertaken a great deal of
community information work on this issue. A 20-member committee of community leadership was
created to discuss the issue of a sales tax. He indicated that, generally speaking, the group was
very supportive. The Chamber of Commerce has also engaged a polling firm in order to
determine community interest. The plan has been that the sales tax is primarily for cultural,
recreational, and a housing trust fund. The polling, which I understand was approximately 400
citizens, had indicated 2:1 support for a sales tax.
Matt indicated it was coming together fairly quickly and there was discussion about the possibility
of a March referendum. Not knowing whether that could be put together given the lateness of
the date for calling such a referendum, he felt June was more likely. He did express some
concern that Cedar Rapids merchants, specifically Westdale Mall which is evidently fearful of the
implications of the Coral Ridge Mall, did express concern if the sales tax occurs in Cedar Rapids
and not in Iowa City overyone will go shop in Iowa City, etc.
I asked Matt to keep me informed.
City of Iowa City
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY COUNCIL
CITY MANAGER
OCTOBER 21, 1996
MISCELLANEOUS
Low-Income Discount. On December 1, 1995, we had 91 persons (or
families) participating in the City-sponsored low-income utility discount. As of
October 1, 1996, it had risen to 180.
2. Pre-Design Meeting - First Avenue - Bradford to Muscatine. Memo
attached.
Attachment
City of Iowa City
MEMORANDUM
Date:
To:
From:
October 9, 1996
Rick Fosse
Re:
Summary from Pre-Design Meeting - First Avenue, Bradford to Muscatine
Here is a brief summary of a public meeting recently held regarding the above referenced project:
What:
Pre-Design meeting for paving improvements to First Avenue from Bradford to
Muscatine and storm sewer improvements from First Avenue to Seventh Avenue
generally following the railroad tracks. Staff was seeking public input prior to designing
the improvements.
When/Where: Thursday, October 3, 1996, 7:00p.m. - 9:00p.m., Media Center, South East Junior High.
City Staff - Rob Winstead and Jonathan Keck.
Public ~ eleven (11) local residents, mostly living on First Avenue.
Staff presented the general concept of the proposed improvements including a three-lane pavement width,
8-foot sidewalk on the east side, storm sewer improvements, and possible construction staging and detour
routing.
We answered general questions and gave them a tentative project schedule. We have noted their
comments and suggestions and will take them into account during design. There will be a few areas that
will present above average design challenges.
Overall, we think we can design a project that will meet the City's needs and also be acceptable to those
who attended the meeting. Since 147 households were invited, the turnout was disappointing.
cc: Marcia Klingaman
DATE:
TO:
FROM:
RE:
Building on a
October 17, 1996
City Council
Susan Craig, Library Director
Library Building Tour
y o[ Service
'4
I encourage any Council member who would like to have a tour of the Library building prior to
the October 30 meeting to contact me. I will be happy to show you around either as a group or
individually. I can be available evenings and Sunday, October 27 as well as daythne hours.
123 SOUTH LINN STREET IOWA CITY, IOWA 52240
SUSAN CRAIG. DIRECTOR INFORMATION 319-356-5200 BUSINESS 319-356-5206
FAX 319-356-54~4
DATE:
TO:
Building on a
October 17, 1996
Steve Arkins
¥ 0f Service
FROM:
RE:
Susan Craig
Library Endowment
Some time ago a question was raised about the Library's endowment fund. This fund
was established in 1986 It was intended to generate ongoing income for library
operations, particularly the collections. The goal was to have a $1 million endowment
in place by the Library's centennial which we have just begun celebrating and I am
pleased to say the fund has a balance of $1.08 million. Last year $65,000 of income
from the fund was spent; $55,000 on library materials and $10,000 on support of the
Development Office. Unspent income remains in the fund.
Although it appears that the Library has a substantial amount of money available it's
purpose is to generate income annually. The principal remains intact and is added to
each year. The money is managed by the Iowa City Public Library Friends Foundation
Board and a regular agreement is made regarding how much income the Library will
receive.
123 SOUTH LINN STREET IOWA CITY, IOWA ,52240
SUSAN CRAIG. DIRECTOR INFORMATION 319-356-52OO BUSINESS 319-356-5206
FAX 319-:356-5494
October 18, 1996
Mary Sue Coleman, President
The University of Iowa
101 Jessup Hall
Iowa City, IA 52242
CITY OF I0 WA CITY
Dear Mary Sue:
Attached is a copy of an article on welfare reform from one of our municipal professional
journals. Specifically the article mentions the many changes that will be occurring with respect
to welfare reform. It is my belief that we can expect to see changes in federal programs used
to support our area social services agencies and in our case, our housing initiatives. Limited
federal moneys are likely to be redirected toward job creation and other "workfare" outlined in
the welfare reform legislation.
I bring this to your attention in that there appears to be a couple of roles that the University
may find itself involved in with respect to this issue. Specifically, as a large employer and with
the likely possibility of workfare, I cannot help but expect the University to be called upon to
participate in some fashion. States will be obligated to create new welfare systems and that it
will be up to counties and, to a lesser extent, cities to administer these new welfare policies.
Clearly as the attached article indicates a new social contract is being developed, and I believe
large public employers will be called upon to actively participate. If our local economy is to be
required to create workfare opportunities, all employers, notably the larger employers, will be
called upon.
An additional idea might be the possibility of some type of University involvement in a public
discussion of welfare reform and all of its social implications. I believe the public has been sold
on the fact that welfare reform legislation is long overdue, which it probably was. I believe the
public's expectation will not be as generous toward this legislation as it is now if other federal
programs are adversely affected.
This letter is just simply to give you some idea of what I believe is going to occur and because
of the significant influence you have as an employer in our community, we will need to think
about University involvement, particularly if the State mandates workfare opportunities be
created.
Sincerely,
Stephen J. Atkins
City Manager
cc: City Council
Attachment
Im\sa10143.doc
O1
I
MidAmerica Securities Building, Suite 210
103 E College St.
Iowa City, IA 52240
319-351-6556
October 14, 1996
Iowa City Police Department
410 E. Washington St.
Iowa City, IA 52240
Dear Friends in the Iowa City Police Department:
The Board of Directors of Concern For Women would like to express our
appreciation and support of the Iowa City Police Department. We have been aware of the
publicity surrounding the death of Eric Shaw and know that there has been much negative
press and even demonstrations. We want to encourage you to take heart and not become
weary with all that is happening now.
We are a Crisis Pregnancy Center here in Iowa City and have experienced negative
press and even picketing although we, ourselves, do not picket. We have appreciated the
fact that the police were here for us, the help and support we received from the police
department when we had a threatening visitor, and the quick way you stepped in when
there was concern with the elevator recently. In addition, we have been blessed by having
the volunteer services of Nancy Sereduck.
Individually, we are all able to cite instances when we have had to call 911 or use
the services of the police departmere and have been grateful for their response and help. It
is hard when a tragedy has occurred, and there is no way to undo the situation. It
certainly has to be hard for the Shaws to deal with the loss of their son. But we recognize,
too, that it has to be very hard for you to deal with the Shaw's loss as well as its effect on
personal morale, police department procedures and policies, and the overall effect on the
police department. We are praying for your healing as a department and that you will be
encouraged by positive press and from those in the community who appreciate your fine
work and would be at a loss without you. Keep on keeping on! We do appreciate you!
With Crratimde and Appreciation,
~O
THE UNIVERSITY OF IOWA
October 11, 1996
Captain Pat Harney
Iowa City Police Dept.
410 E. Washington St.
Iowa City, IA 52240
Dear Captain Harney,
I've received many positive comments on the success of the Sesquicentennial
"Down by the Riverside" event, and I wanted to let you know how important
your involvement was in that success. An estimated 8000-10,000 people
attended the afternoon festivities, with 5000 attending the evening symphony
concert.
The wide variety of entertainment, food, artisans, and activities appealed to
people of all ages and interests, so it was truly a community celebration. You
deserve a hearty "Thanks!" for your contribution to the event and your
commitment to this community.
Office 0f Campus Programs
& Sradent A~vlges
145 Iowa Memorial Union
Iowa City, Iowa 52242-1317
319/335-3059
FAX 319/353-2245
E-mall: 0cpsa~ulowa.edu
h ttp://www. tmuis.ulowa. ed ~'ocpsa/
NOTICE OF INJURY, LOSS AND WRONGFUL DEATH
TO'
City of Iowa City
c/o Linda Woito, City Attorney
City Attorney's office
410 E. Washington Street
Iowa City, IA 52240-1826
Re: Claim for Damaqes, Death of Eric Shaw
PLEASE TAKE NOTICE, pursuant to Iowa Code Sec. 670.5 (1995),
Jay Shaw and Blossom Shaw, Individually and as Administrators of
the Estate of Eric F. Shaw, by their attorneys, McLario, Helm &
Bertling, S.C., and Lane & Waterman, hereby submit the following
claim for injury, loss and damages arising out of the death of Eric
F. Shaw occurring at or about 11:44 pom. on the 30th day of August,
1996 at 1130 S. Gilbert Street, Iowa City, IA.
Jay and Blossom Shaw, individually, and on behalf of the
Estate of Eric F. Shaw, hereby claim that the City of Iowa City is
liable to the Estate of Eric F. Shaw and to Jay Shaw and Blossom
Shaw as the natural parents of Eric Shaw for damages caused by its
employees, Jeffrey Gillaspie, Troy Kelsay, Darin Zacharias, and R.
J. Winkelhake, Chief of Police for the City of Iowa City. Said
damages arise out of an occurrence whereby Officer Jeffrey
Gillaspie shot and killed Eric F. Shaw. Jay and Blossom shaw,
individually and on behalf of the Estate of Eric Shaw, hereby claim
that Jeffrey Gillaspie, Troy Kelsay, and Darin Zacharias,
wrongfully conducted themselves at the time and place referred to
herein, with such wrongful conduct being a cause of the death of
Eric Shaw. In addition, that Chief of Police R. J. Winkelhake and
other employees of the City of Iowa City Police Department were
negligent and/or engaged in o%her wrongful conduct with respect to
the training, formulation and implementation of policy as it
relates to the employees referred to herein, at said place and
time, with such conduct being a cause of the death of Eric F. Shaw.
The wrongful conduct referred to herein caused damage, injury,
and loss to Eric F. Shaw, the Estate of Eric F. Shaw, and Jay and
Blossom Shaw as parents of Eric F. Shaw pursuant to Iowa state law
and United States federal law as follows:
Present worth of the Estate of Eric Shaw $ 600,000.00
Pre-death physical and mental pain and
suffering of Eric F. Shaw $ 500,000.00
Loss of life to Eric F. Shaw
Mental distress, pain and suffering
to Jay and Blossom Shaw as parents
of Eric F. Shaw
Reasonable burial expenses (to be provided,
unspecified)
Punitive damages
a) Jeffrey A. Glllaspie
b) Troy A. Kelsay
Reasonable attorney's fees and costs
to be determined
$1,000,000.00
$ 500,000.00
$ 500,000.00
$ 500,000.00
Dated:
McLARIO, HELM & BERTLING, S.C.
Attorneys for Jay and Blossom
Shaw, Individually and as
Administrators of the Estate of
Eric F. Shaw
Dated'
Michael L. Bertlt~
Wis· State Bar No.'01000095
LANE & WATERMAN
Attorneys for Jay and Blossom
Shaw, Individually and as
Administrators of the Estate of
Eric ~haw
' Robert Van Vooren
Amy Snyder