HomeMy WebLinkAbout2000-08-01 Bd Comm Minutes oa-o~-oo
3b(1)
IOWA CITY AIRPORT COMMISSION
THURSDAY JUNE 8, 2000 - 5:45 P.M.
IOWA CITY AIRPORT TERMINAL
MEMBERS PRESENT: Tom Bender, Howard Heran, Mark Anderson, Alan Ellis
STAFF PRESENT: Andy Matthews, Ron O'Neil
CALL TO ORDER:
Vice-chairperson Anderson called the meeting to order at 5:47 p.m.
APPROVAL OF MINUTES:
The minutes of the May 11, 2000, Commission meeting were approved as submitted,
AUTHORIZATION OF EXPENDITURES:
Bender made a motion to approve the bills. Ellis seconded the motion and the bills were
approved 4 0.
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
Harry Wolf from Southgate Development, addressed the Commission conceming some property
on the east side of the Iowa River. He said there are about three acres under the jurisdiction of
the Commission that borders on some property that Southgate would like to develop. Wolf said
he doesn't have a specific project in mind but he is trying to see what options would be available.
The Commission members said they would not be interested in selling the property but would
consider a long term lease if the property is not in the Runway Protection Zone. O'Neil will see
if the property is in the RPZ. The Commission will develop a land lease that would be applicable
to this property and the property in the North Commercial area. Wolf said he would develop a
proposal for the Commission.
ITEMS FOR DISCUSSION/ACTION:
a. ILS presentation- 'Mark Skillman presented information from Airsys ATM, a company that
markets and installs precision instrument approach equipment. He said he surveyed the
property and his preliminary inspection led him to believe a precision approach can be
installed on Runway 24. He explained what an ILS does and what his company could do.
He said there are some concerns with the Iowa City site but he said he did not think there
were any issues that could not be resolved.
He will take the information he received on the site and run a computer simulation on it to see
if an ILS can be sited. Other engineers in his office will look at the information and he will
report hack to the Commission in a couple of weeks or so. He said Airsys is a design/build
company. He said he thought the single source contractor cuts the time for construction and
installation.
The ILS/DME equipment itself is between $ 300,000 and $ 400,000. He said the Wtal project
installed would be between $ 600,000 and $ 700,000. This does not include the light lane.
b. Master Plan update- Jim Finley, from the Kansas City office of the FAA, provided
information to the Commission concerning the design of an ILS approach for Runway 24.
Finley said that based on his preliminary review of the approach, he thought it would be
possible to design an approach with ~ mile visibility and 200 - 300 feet elevation. The
lowest approach available now is the GPS approach, which is 463 feet and 1 mile visibility.
O 'Nell said there is the problem of getting the project paid for. He said it would have to be
moved up in the Master Plan. Some Commission members and Jerry Searle from Snyder &
Associates could go down to Kansas City and talk to the people in the Airports Division
concerning funding and maintenance for an ILS.
Seatie said it is important to have the Master Plan update reflect a precision approach. The
proper setbacks need to be incorporated. The precision approach will need to be moved up
on the priority list to the 1 - 5 year projects instead of the 5 - 10 year project list.
e. Terminal Building - second floor egress walkway - O'Neil said he had someone from D &
N Fence look at a way to have the egress railing meet building code standards. They installed
some extra braces on the rafting cables and O'Neil had the Building Department inspect the
installation. He said the solution installed by D & N Fence will meet cede. The Commission
directed O'Neil to have D & N complete the project if it is less than $ 2000.
O'Neil asked the Commission who would pay D & N Fence? The consensus of the
Commission said it was a design problem and HLM Design should pay for the installation.
O'Neil will get a finn price from D & N and discuss it with HLM. FILM will have to
approve the project if the Commission expects them to pay for it.
d. HLM lease - Gordon The subcommittee of Anderson and Heran will meet with Gordon and
have something for the Commission to review at the July meeting.
e. North Commercial area:
1. Council/Commission agreement- O 'Neil said City Manager Atkins has taken the
information from the NCA subcommittee and staff and is developing an agreement for
the regulation of the North Commercial area. Bender said it was a positive
subcommittee meeting and he thought the approval was given to move ahead.
2. Infrastructure - O'Neil said MMS is finishing the infrastructure design specifications
and should be ready to go to bid in a few weeks. O'Neil will find out whether the
Council or Commission will have the public hearing on the plans and specifications.
3. Marketing - Jeff Edberg and Bill Wtttig, from Coldwell Banker, gave a presentation on
how they would market the NCA. They said they would like the to be the Commission' s
agent to market the property. They outlined how they would market the NCA and what it
would take to develop it.
Anderson asked if there would be a conflict of interest with Bender if Coldwell is
selected to market the property. Bender said he is not involved with the commercial real
estate division. Matthews said he did not think it would constitute a conflict as long as
Bender did not vote when it came time select a marketing firm or did not participate in
negotiating a contract. Anderson said the City Attomey's office would clarify this.
4. Science Center - O'Neil said the Commission should send a clear signal to the Jim
Larew on how they are going to participate in the Science Center. The Commission
needs to decide if they will hold a lot for the Science Center, how much they are going to
charge and how long they will hold the lot, especially if someone else is interested in the
lot. There is the FAA requirement of receiving fair market rent. O'Neil said it was clear
from the subcommittee meeting that there would not be major financial support from the
Council for this project. Bender said the NCA subcommittee would meet with the
Science Center as soon as the lease price for the lots is determined.
f. Southwest T-hangar project - Bldg K - Matthews said the City is sending a letter to SWA,
authorizing them to reorder the building. He said that because there could be litigation, if the
Commission wants to discuss this in more detail, it should be done in executive session.
O 'Neil said it typically takes at least eight weeks for the building to be manufactured.
SWA requested an extension of 97 days before liquidated damages would be assessed. The
Commission decided to wait to see how soon the building would be reordered before it
decided if an extension would be granted.
g. EAA lease- EAA is trying to incorporate as a tax exempt, non-profit organization. After this
is accomplished, a lease will be developed for some space in the United hangar.
h. Iowa City Community School District lease- O'Neil said the annual lease for the property
the School District leases is due August 1. The property is in the NCA. The Commission has
the ability to cancel the lease with 30 days written notice. This will be on the agenda in July.
i. Rehab building lease - This property is also in the NCA. It is a month to month lease.
O'Neil will send a letter to see when they will be moving and when they will be moving the
building.
j. Fuel site- Set public hearing - July 20,2000 at 5:45 p.m. Bender made a motion to set a
pubhc hearing for the pl_ans and specifications for the fuel site. Horan seconded the motion
and it passed 4 - 0, with Mascari being absent.
CHAIRPERSON'S REPORT:
There was no report.
COMMISSION MEMBERS' REPORTS:
Bender said he wanted to address the conflict of interest issue. He said the Airport Commission
is community service work for him and he would not want the Commission not to be able to
select the best marketing team because of him. He said he certainly would not vote on the matter
and if it required him to step down, he would regret leaving the Commission but would like to see
them do what is best for the Airport.
Ellis asked what was happening with the Wolf mobile home property. O'Neil said he artended
the Planning Department staff meeting and expressed the interest of the Commission of not
having the residential use expanded. EHis said he received information from AOPA
recommending how to foster cooperation between airports and residential developments.
Ellis said he thought the Airport Emergency Plan should be made more specific. He said there is
a FAA Advisory Circular for emergency plans. O'Neil said he has done training for the Fire
Department concerning fire fighting on the Airport. Ellis and Anderson will work on the Plan to
make it more user friendly.
Heran said the Commission should move forward with their Section 106 study. He also said the
Commission should develop a better relationship with our congresspersons to assist in getting
grants and having them contact the Commission before releasing grant information to the public.
ADMINISTRATIVE REPORT:
O 'Nell reminded the Commission that they would need to get started on the educational programs
for Fly lowa 2001. This would include getting the grade school age children involved with some
type of contest or promotion. Mascari is in charge of the educational programs for Fly Iowa.
The manager of the Burlington Airport has resigned and is going to Des Moines as the Airport
Finance Director.
O 'Neff said the EAA Young Eagles program is going to have an event at the Airport. O'Neil said
he did not know about it until he started getting calls from people who heard about it on the radio.
He said it would be better if he knew about these events in advance so there would be some
coordination of facilities.
O'Neil said Fort Dodge FSS contacted him and they will have a portable FFS at Fly Iowa 2001.
Anderson said there was a grass fire at the Airport several weeks ago. He and Mascari met the
Fire Department at the Airport. Anderson said he did not know the cause of the fire.
Anderson asked if the tower painting project was moving forward? O'Neil said there was a small
problem but it is moving forward. He was hoping the project could be completed before the Fly
In on August 20.
SET NEXT MEETING:
The next regular Airport Commission meeting is scheduled for July 20, 2000,at 5:45 p.m.
ADJOURNMENT:
The meeting was [joumed at 8:47 p.m.
irperson
APPROVED
MINUTES 3b(2)
IOWA CITY BOARD OF APPEALS ,
MONDAY, FEBRUARY 7, 2000
IOWA CITY MAIN LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Anna Buss, Gary Haman, Tim Fehr, John Roffman, Tom Werderitsch,
Doug DuCharme
MEMBERS ABSENT: Wayne Maas
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Dennis Mitchell (Asst City
Attorney), Bernie Osvald (Plumbing Inspector)
OTHERS PRESENT: Mike Lipke- BF Goodrich-Flow Guard Gold- TempRite ETP Division
CALL TO ORDER:
Chairperson Roffman called the meeting to order at 4:45 p.m.
CONSIDERATION OF MINUTES:
Meeting minutes from the January 10, 2000, meeting were reviewed. MOTION: Werderitsch
motioned to approve with a second by Buss. Motion carried by a 6-0 vote.
HEAR A REQUEST FOR USE OF AN ALTERNATE MATERIAL OR METHOD OF
CONSTRUCTION ('CHLORINATED POLY (VINYL CHLORIDE) ('CPVC) PLASTIC HOT AND
COLD WATER DISTRIBUTION SYSTEMS) Lipke presented himself as a representative of the
BF Goodrich Company. He began by commenting that it came to his company's attention that
Chlorinated Poly Vinyl Chloride (CPVC) has not been approved by the City of Iowa City for use
in construction; although it was approved in the UPC Code by the State of Iowa in 1982. He
asked the board to approve the use of the CPVC.
The CPVC pipe and fittings are made by the companies of Bow, Charlotte, Cresline, Genowa,
Nibco and Thompson Plastics. BF Goodrich makes the resin that is used in the CPVC.
The CPVC allows hot water to be carried under pressure. The original PVC would not allow this.
Today PVC is mainly used for drain waste and vent. The CPVC is available in copper tube size
pipe that starts at one-half inch and goes up to two inches. It is available up to twelve inches for
industrial use. Most codes accepted this product in the 1960's with the UPC accepting it in
1982. This means that this product was reviewed for a long time before being approved.
The pipe can be cut just as copper pipes are cut. It is joined together by means of a solvent
cement that is really a weld, not a glue. The solvent cement is a dissolved CPVC resin in a
solvent. When the solvent evaporates it gives a chemical weld that creates a one piece piping
system. This takes place within ten minutes of application. The product sets up very quickly
within approximately a minute.
Lipke noted that the pipe is two-thirds salt and one-third natural gas. This means that it will not
burn. It is energy efficient and provides good insulation. The pipe is a lot quieter and resistant to
corrosion and erosion. Lipke went on to say that it is approved in all model codes including
HUD. It also meets NFS Standard 61; which is the highest water quality standard. This means
the water leaving the pipe will be of the same quality as when it enters the pipe. The pipe is
used in pharmaceutical environments such as dialysis.
Roffman inquired about lime and iron build-up inside the pipes. Lipke indicated that there is no
problem. After twenty years the most one may see is a tea-like stain.
- Iowa City Board of Appeals Minutes
February 7, 2000
Page 2
Fehr asked about the rigidity of the pipe. Lipke said it would not be as rigid as copper. The
CPVC pipe has to be supported every three feet.
Buss asked about freezing of the pipe. Lipke commented that because it is a poor conductor it
does take longer to freeze. It can split if exposed to continuous, extreme cold.
Lipke commented on the one-step cement. Originally it was a primer that was generally purple
with an orange cement. BF Goodrich has come up with a more environmentally friendly one-
step product that actually is stronger than the original products. Two-step is still reliable;
however the one-step is recommended by the company.
Roffman inquired if the product has been approved in Des Moines and Cedar Rapids. Lipke said
Des Moines has approved it and he is unsure of Cedar Rapids.
Osvald indicated the product was not on the approved list by omission. Osvald said that as long
as it is installed properly it would be a workable product.
Fehr asked about fire restrictions. Lipke said that empty or full the product does meet the 25/50
flame smoke spread up to an inch and a quatier. After an inch and a quarter it does not meet
the requirement if empty. However, it is not UL approved like Glazemaster.
MOTION: Haman made the motion to approve Chlorinated Poly Vinyl Chloride (CPVC) to
be installed according to the manufacturer's recommendations. The motion was
seconded by Buss and approved on a 6-0 vote.
Attorney Mitchell clarified the motion by stating that the use of the material is approved in the
UPC with the exception of the installation that can be followed by the manufacturer's
recommendations, He also said that alternate materials may be used according to the code. It is
approved administratively according to the UPC.
ORIENTATION BY STAFF:
Attorney Mitchell said he would be going through the findings for variances, etc. He plans to do
this at the next meeting.
OTHER BUSINESS:
None
The next meeting is set for March 6, 2000.
ADJOURNMENT
Haman moved to adjourn the meeting with a second by Buss. Meeting adjourned at 5:25PM.
J' n Roff~o ' /~-'/C)" CI (")
f Appeals Chair Date
Minutes submitted by Le Ann Dunne-Tyson
hisbldg/min/boa2-7-00.doc
IOWA CITY BOARD OF APPEALS
MONDAY, JUNE 5, 2000, 4:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Anna Buss, Gary Haman, Tim Fehr, Wayne Maas, Tom
Werderitsch
MEMBERS ABSENT: John Roffman, Doug DuCharme
STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sarah Holecek (Asst. City
Attorney), Gary Klinefelter (Housing Inspector), Roger Jensen
(Fire Marshall)
OTHERS PRESENT: Jessie Smith (representing Attorney Martin Diaz who represents
Lewis Investments), Attorney Davis Foster (representing Iver
Cairns)
CALL TO ORDER:
Vice-Chairperson Werderitsch called the meeting to order at 4:43 p.m.
CONSIDERATION OF MINUTES:
Meeting minutes were reviewed from the February 7, 2000, meeting.
MOTION: Buss motioned to approve with a second by Ham an. Motion
carried by a 5-0 vote.
PRESENTATION AND DISCUSSION OF APPEAL OF DECLARATION OF DANGEROUS
BUILDING AND ORDER TO VACATE AND REPAIR OR DEMOLISH BUILDING LOCATED AT
426 BAYARD STREET, DESIGNATION OF HEARING COMMITTEE AND SET HEARING
DATE AND TIME:
Attorney Holecek outlined the procedures in going through with the appeal process. Martin Diaz
had filed an appeal, representing the representative of Lewis Investments. The procedure for
addressing the appeal would be for the board to appoint a committee to serve as hearing
examiners to conduct the hearing. She recommended the designation be limited to three
individuals in order to dispense of the open meeting issues. The hearing would consist of an on-
site property inspection and then a formal hearing at the Civic Center.
Attorney Holecek went on to note that this property had been cited under Chapter 3 Section 302
items 4,8,12 and 13 of the 1997 Uniform Code for the Abatement of Dangerous Buildings. The
committee would be making their judgment based on the criteria set forth in the code. The
hearing committee would forward a formal report to the board following the hearing.
The committee was established with the following board members:
John Roffman
Wayne Maas
Anna Buss
Werderitsch was designated to serve as the alternate and would be present only if one of the
above-designated members was unable to serve.
Iowa City Boa~ of Appeals Minutes
June 5,2000
Page 2
Foster spoke as a representative of Iver Cairns; who had been a professor at the university. He
now resides in his home country of Australia. Cairns brought a lawsuit against Chuck Johnson
stating that Mr. Johnson had diverted his funds and that they had been traced to the property in
question. This suit is set for trial on July 10, 2000, alleging that Iver Cairns is the owner of the
property as the funds have been traced to the property. Lewis Investments is the record holder
owner of the property with Attorney Diaz representing them. On June 19, 2000, a deposition will
be taken of Richard Blackburn, who was the last president of Lewis Investments to get his
opinion on who owns the property.
The hearing date was set for June 20, 2000, at 3PM.
Attorney Foster indicated that Cairns purchased a mortgage on the property and so he is also
the first mortgage holder. Attorney Holecek stated that the ownership issue would be secondary
to the structural issues. She said everyone who came up in a title search had been notified of
the action. It was not clear to the board if they would be able to get inside the building; however
Holecek stated that the action would move forward based on the exterior inspection.
Attorney Foster commented that they would be very willing to cooperate in this matter; however
it is unclear as to their ability to cooperate at this point.
DISCUSSION OF CARBON MONOXIDE DETECTORS:
Buss began by stating that the Landlord's Association has had a number of people who have
spoke to them about carbon monoxide detectors. She has also visited with the Housing
Department regarding the issue as well. The problem had always been that if the city would
come up with the idea it may be perceived that they would be imposing another layer of
government on citizens. She said that carbon monoxide is a problem and some landlords have
had close calls. She asked the Board if something could be done to require carbon monoxide
detectors in rental units. Klinefelter had pointed out that some buildings have hot water heat, so
it would not be necessary to install them in those units.
Buss went on to say that landlords seem to be willing to take action to get carbon monoxide
detectors installed and she would like to see some guidelines put into place and give a
timeframe to have them installed.
Maas inquired about the decibel requirements. Klinefelter said there are a number of issues that
would have to be dealt with regarding the issue.
Jensen spoke regarding the NFPA720 that was published in 1998. It is part of the national fire
codes and standards. He said that it was a recommended practice for the installation of the
carbon monoxide equipment. The fire service fully supports the installation of carbon monoxide
detectors. They have been upgraded in recent years to be more reliable. He said there are not a
lot of false calls related to carbon monoxide.
Werderitsch suggested a joint meeting with the landlords and the homebuilders to present a
seminar. Klinefelter indicated the Housing Department does support the initiative. He went on to
recommend Tom Griner of Iowa State who is a national expert on carbon monoxide.
Werderitsch also felt testimony from a landlord who has installed them would be helpful.
OTHER BUSINESS:
Klinefelter advised the Board that another property is being recommended for demolition at 300
McLean Street.
Iowa City Board of Appeals Minutes
June 5, 2000
Page 3
ADJOURNMENT
Haman moved to adjourn the meeting with a second by Buss. The meeting adjourned at
5:15PM.
, ' Date
son
hisbldg/rnin/boa6-5-00 .doc
08-01-00
3b(4)
IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES
REGULAR MEETING - THURSDAY, - JUNE 22, 2000
Administrative Conference room - 5:10 PM
Members Present: Winston Barclay, Linda Dellsperger, Mary McMurray, Mark Martin, Shaner
Magalh~es, Lisa Parker, Linda Prybil, Jesse Singerman, Jim Swaim
Staff Present: Barbara Black, Susan Craig, Larry Eckholt, Debb Green, Kara Logsden,
Martha Lubaroff, Liz Nichols,
Others: Jeff Davidson, Assistant City Planner, Joe Fowler, Director of Transit and
Parking, Fred Lucas, Press Citizen, Jim Waiters.
CALL TO ORDER:
President Martin called the meeting to order at 5:10 p.m.
APPROVAL OF MINUTES:
A motion was made to approve the regular minutes of May 25, 2000 by
Singerman/Dellsperger.
In follow-up to a discussion item, Dellsperger commented on the smoking in front of the doors;
near the entrance to the Library. Craig had previously asked the City Attorney's office how
close to entrance smoking can be banned, and will confirm details and let the Board know. The
minutes were then approved unanimously.
UNFINISHED BUSINESS:
Building project and follow-up from joint meeting with Council.
Jeff Davidson, Assistant Planning Director, and Joe Fowler, Head of Transit and Parking were
available for a discussion about parking.
Martin opened the discussion by commenting on the joint meeting we had with City Council
at which time Council was clear about not holding 10t 64-1A for library parking. He asked
Davidson and Fowler to comment on what options we might have to improve parking for
library patrons. Davidson explained that he was extremely sensitive to the issue of parking
and what it means to people. He explained that there is a very good opportunity for
development on 64 1A once the library plans are finalized. Once this happens and the lot is
redeveloped, he believes that parking can be put into that facility. Recognizing that on-street
parking is a feature that people want and that the perception is that it is more convenient than
ramps, another possibility would be to incorporate a plan to alter the street and permit angled
parking, into the library's expansion project. If the Board feels that this is something they
would like to do, Davidson recommended making that known to the City Council.
Fowler suggested several options: time limits on meters could be adjusted to 35 or 45 minutes
for library patrons to force more turn-over, the Dubuque St ramp could be reconfigured so the
ICPL Board Minutes
bottom level could be a drive-in for short term parking to enable library patrons to come in for
quick stops, or a number of spaces could be set aside for users who held permits similar to
Senior Center permits for Chauncey Swan ramp. City Council would have to approve any of
these options.
Questions: How much control does the City have regarding negotiating for parking with a
potential developer? David responded that the City has a lot of ability to negotiate with a
developer. Some ideas that were suggested for a developer could be a subterranean level of
parking for library users, or a covered walkway from Dubuque St ramp to Library. The City
could require either of these. How practical could it be for a walkway to go from the parking
structure across 64 1A to the library? The elevation would have to be such that traffic in both
the alley behind the hotel and city plaza could be handled. A question was raised about what
developers are required to do about parking? There is no requirement in the downtown zone.
If a developer wants to provide parking, permission has to be granted by City Council.
Swaim asked about the size of the current bus station and Wilson site on Gilbert Street,
including the former "You Smash Em" building as a possible site for an expanded library. It
is approximately ¼ block. Moving the substation would be very costly. Would developers
that are interested in 64 1A be interested in this site with the existing building? Davidson said
that an empty lot attracts developers; this building would be an encumbrance. There are no
current plans for the Recreation Center to expand. Davidson thought they might be interested
in the future in the Gilbert Street site.
If parking permits were assigned who would handle the administration? Fowler replied that
the Library would have to identify the users and manage project similarly to the Senior Center.
Craig said she would want to see those permits going to special populations that need
improved parking to attend the library; like families with small children and senior citizens. If
we wanted to pursue angled parking would it add cost to our project? Yes. It wasn't done
in this block due to lack of space without reconfiguring the sidewalk. In our case Council
would have to approve reconstruction of sidewalk to allow angled parking. The cost would
come from our bond referendum with an estimated expense of between 950 and 9100
thousand. Martin suggested we make a formal request to Council and go on record as
requesting these options. In response to a question from a Board member, the possibility of
using bar code technology like library cards to control some aspect of parking could be an
option. Martin thanked Davidson and Fowler for coming.
Do we want to do anything to pursue parking options between now and November 77 We do
have the issue of a recommendation for Park and Read on our agenda for August. We could
schedule a discussion about other options. Why couldn't we consider all of the ideas and
prioritize them. Let's do something quickly. Martin asked for volunteers to meet, draft a
parking proposal, bring to Board and then send to Council.
Our visitor, Jim Waiters, spoke to the Board warning that it was not the Board's job to solve
the City's parking problems; that it was a problem we could not solve, and could damage us
during the referendum election. Singerman responded that we are obligated to provide what
our patrons want. We may not be able to solve the problem, but showing a good faith effort
demonstrates that we are trying to respond to concerns. Martin believes the Board takes the
matter of responding to concerns seriously. He feels that it is a show of our effort to describe
the need and present options to the Council. Prybil, who had just completed "office hours"
reported that she repeatedly heard comments from patrons coming to the library about parking.
ICPL Board Minutes
Martin repeated his request for volunteers to work on a parking proposal. Magalh~es,
Dellsperger and Singerman volunteered. Magalh~es will call the meeting.
Draft policy on naming designated areas in the new building to recognize major donors was
discussed. Eckholt pointed out that this outline followed pretty closely the chart that
consultants did for the feasibility study. He used their criteria to develop the list designed to
raise 3 ~ million dollars. There could be deviations from the plan and its levels. It is important
to note that no level of gift would change the name of library. The list identifies significant
spaces although the Recognition Committee will be sensitive to wishes of the donor as well
as to the best interests of the Library. There is no naming policy on record. Dellsperger
suggested that we develop a theme to name rooms if a donor did not want his/her name used
or if a donation of a high enough level did not come in. She wanted the Board to be thinking
about names other than A, B and C. A motion to adopt this policy was made and seconded
by McMurray/Prybil. It was suggested that a statement be added to the policy saying that the
final decision on naming would be made by the Board of Trustees of the Library. Eckholt will
add it to #7 and move that statement to #2. Efforts will be made to keep Hazel Westgate's
name prominent in relation to the Storytime Room. Swaim reminded the Board that they have
made an effort to keep away from procedure and criteria in a policy. Eckholt felt that in this
instance it was important to provide a framework for fund raising. Martin called for the vote.
It was unanimous.
Swaim moved that we go into executive session at Craig's request, for the purpose of a
personnel matter. Dellsperger seconded. A verbal vote was called for. All voted Yes. The
tape recorder was turned on.
A motion was recorded requesting coming out of Executive Session.
New Business:
Director Evaluation:
The Evaluation Committee met with Craig. They made recommendations based on the
evaluations completed by Board members. After reviewing with Craig during closed session
a 6.5% increase was recommended. There was no discussion. A vote was called for. All
voted Yes.
Draft FY00 accomplishments and FY01 goals for City Annual report:
Craig reminded the Board that we talk about it at the June meeting. She will use Board
discussion to draft a report for next month's meeting. Once revisions are made, it goes to the
City for the City Annual Report and is then included in the Library's Annual Report.
Suggestions for FY00 accomplishments were:
Adopted Held Strategic Planning session
Referendum on ballot
Office Hours
Free Parking
Approved Friends Foundation fundraising plan
Approved naming policy
Studied remote access options
ICPL Board Minutes
Plan for expansion
Council approval
Approve architects
Design meetings
Started infant program
More adult programming
Suggestion for FY01
Goals:
Pass referendum
Successful campaign; raise money
Implement parking issues
Public input after referendum for outreach
User's survey
Study expanded hours and satellite options
Staff Reports
The Summer Reading Program is going very well with approximately 1425 kids signed up.
The theme is Cosmic Connections
Six staff members will go to American Library Association annual conference in Chicago the
2nd week in July. We take the opportunity when it is in Chicago to send more people.
Development Office report. Annual fund is at $97,000. Time is running out to meet the goal
of ~ 100,000. They will hold the books open until July 1. They are working on recruiting
campaign chairs, and honorary chairs for the new campaign. Kate Milster, Development office
assistant, has turned in her resignation. She's taken a position as a guidance counselor in
West Branch schools. She will be here through August 4. Eckholt says a "Quiet" fundraising
capital campaign will begin in the fall although some strategic announcements that will create
a sense of excitement will be coming out.
Access channel survey. Craig provided a sampling of a portion of the survey that concerned
the Library channel. The City funded the survey that looked at all the local access channels.
She said the complete document is available for anyone who is interested. Logsden was
pleased that ICTC did the survey. She said it validated some of our strategic plan initiatives;
like local history and children's viewing. The Library Channel's programming of library events
and public events was also well received. It also validated the extra work that that has been
done and is being planned.
President's Report:
Martin reminded Board that they were to look at the evaluation process used for the director.
Dellsperger and McMurray will work on it so any new procedures are in place by next spring.
July is typically the month for the board to go to dinner together. Dellsperger invited all to her
house. Her offer was eagerly and graciously accepted.
ICPL Board Minutes
Martin spoke to the Board about the intense year this will be for all Trustees and encouraged
the Board to assist Craig with what lies ahead. We need to all step up and speak to the issue
enthusiastically.
Barclay reported that there would be a daily call in talk show taking place on WSUI. KSUI will
start having a Sunday p.m. program featuring local cultural news. He suggested that this
would be a good opportunity to promote the expansion.
Dellsperger announced that in her role as DPO president, she met with two individuals
regarding a school district plan for a big publicity campaign encouraging parents to be part of
their children's reading success. They are looking at the possibility of schools staying open
in summer for library usage and maybe school libraries remaining open one night a week. The
discussion is in the very early stages. Dellsperger wants to see that our children's staff is
involved. There are models at other libraries we could look at.
Swaim reported on a meeting that he attended. He heard a speaker who talked about the
importance of libraries working with at-risk youth. He will obtain a copy of the study. He also
visited the new West Liberty library. They raised $2.3 million for their library and have made
a room available to United Action for Youth to use twice a week to do an at-risk program for
kids.
Magalh~es reported on his attendance at a local government affairs committee meeting with
the Chamber of Commerce. They discussed whether or not to forward recommendations to
the chamber board about recommending support for certain local issues. The Library
referendum was first on the agenda. The Committee made a motion to forward a
recommendation. There was a second and then the motion was tabled. A task force was
formed to study the issue more closely to determine costs and benefits for the Chamber to
support this project. John Beckford, President of the Chamber will meet with Parker and
Magalh~es to explore issues of how the business community will benefit by library's
expansion.
Disbursements and Visa
Visa Expenditures for May, 2000 were reviewed.
Disbursements for May, 2000 were approved after a motion by Singerman/Swaim.
Agenda items for July
Report from Parking subcommittee.
Review draft of Board's annual report,
Adjourned at 6:45 p.m.
Minutes taken and transcribed by
Martha Lubaroff
08-0'1-00
3b(5)
MINUTES
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, jUNE 26, 2000 - 5:30 PM
CIVIC CENTER LOBBY CONFERENCE ROOM
MEMBERS PRESENT: Cathy Weingeist, Terry Smith, Steve Hoch, Jim Pusack
MEMBERS ABSENT: Betty McKray
STAFF PRESENT: Drew Shaffer, Dale Helling, Andy Matthews, Bob Hardy, Mike Brau
OTHERS PRESENT: Beth Fisher, Greg Thompson, Rick Kames, Jon Koebfick, Kara Logsden,
Carl Se~
RECOMMENDATIONS TO COUNCIL
None.
SUMMARY OF DISCUSSION
Kames reported AT&T has provided Shaffer with a response to the questions from the City regarding
cable modem service and is gathering information for a response to the questions regarding the audit.
Weingeist reported that she met with Iowa City Community School District Superintendent Lane
Plugge to provide him with a copy of the local access survey and discuss how the schools might better
utilize the education channel. Plugge is particularly interested in getting events that are already taped
cablecast on the channel. PATV's telethon went very well. The goal was to raise $3,000 and $3,100
was raised. Shaffer noted the letter in the packet from AT&T agreeing with the rate resolution that was
sent to the City Council. This demonstrates that funds allocated for rate regulation is money well
spent.
APPROVAL OF MINUTES
Pusack moved and Hoch seconded a motion to approve the amended 6/12/2000 and 6/26/2000
minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
None.
SHORT PUBLIC ANNOUNCEMENTS
None.
SUBSCRIBER ISSUES
Shaffer reported that he received 12 complaints-3 about the rate increase, 2 wanting competition, 1
about bad signal quality, 1 about the digital channels fading in and out, 1 about a billing problem, and
3 about problems with cable modems. Kames said that cable modem service calls are still being
handled by @Home' s centralized call center. If subscribers are having technical problems they may
now call the local office. Service is provided on Monday through Saturday. Outages will also be
serviced on Sunday. In regards to rate increases, Pusack said that the City should provide information
on comparable cable rates to consumers. Shaffer said the City is gathering that information, as well as
the number of channels offered. Shaffer said that when consumers contact him with complaints about
rates he discusses competition, options such as direct broadcast satellite dishes and the efforts the City
made to bring McLeod to Iowa City. Shaffer does not go into detail about the McLeod negotiations at
the request of McLeod. Shaffer said the recent newspaper article about those negotiations was
incorrect. Helling said he is drafting a letter to McLeod. Hoch asked about cable competition nation-
wide. Shaffer said that there is now more competition in larger cities, but is rare in cities the size of
Iowa City.
AT&T REPORT
Kames reported AT&T has provided Shaffer with a response to the questions from the City regarding
cable modem service and is gathering information for a response to the questions regarding the audit.
Pusack asked if any action had been taken on his inquiry into the possibility of blocking the titles of
programs on the digital program guide that are on blocked channels. Karnes said he has contacted
AT&T's program guide provider and informed them of the suggestion, but they have not indicated that
they were considering this change. Pusack said that blocking the titles would improve AT&T's
service.
SENIOR CENTER REPORT
No representative was present.
LIBRARY REPORT
Fisher reported the Library's Summer Reading Program is in full swing and is cablecast live each
Thursday at 3 p.m. The last Lunch at the Library program for the year, a Jazzfest preview, will be held
on Wednesday.
ECC REPORT
Se~ reported that a series of speakers were taped for cablecast in association with the Linn County
Leaming Alliance. Sponsors are still being sought for the Tomorrow's Careers Today program. The
program focuses on careers with local companies. Channel 9 in Cedar Rapids is Kirkwood's partner in
the program. If the program comes into fruition, 40 hours of programming would be produced.
Weingeist reported that she met with Iowa City Community School District Superintendent Lane
Plugge to provide him with a copy of the local access survey and discuss how the schools might better
utilize the education channel. Plugge is particularly interested in getting events that are already taped
cablecast on the channel. Pusack said there is also interest in live coverage of some school events.
Pusack asked if Kirkwood has any classes or programs where students might provide video production
services. Set said there is a student group that works with Kirkwood staff and tapes some events at
Kirkwood. Set and Mary Jo Langhome will discuss this. Weingeist said that Plugge intends to be
talking with the high school principals to gauge interest of teachers. Hoch said the Commission may
wish to consider allocating pass-through funds to the schools to facilitate more programming.
PATV REPORT
Thompson reported that Paine is on vacation. Paine will be meeting with the principals of the schools
in an effort to get some of the schools events on PATV. PATV's telethon went very well. The goal
was to raise $3,000 and $3,100 was raised.
MCLEOD REPORT
No representative was present.
LEGAL REPORT
Matthews reported that he has begun work on a draft of an ordinance to establish customer service
guidelines for cable modem service modeled on an ordinance agreed to by AT&T with Fremont, CA.
CITY CABLE TV REPORT
Hardy reported that the Media Unit again provided election results. Coverage of the general election
may include two commentators. The Friday Night Concert Series and the Saturday jazz concerts
coverage has been going quite well.
Shaffer noted the letter in the packet from AT&T agreeing with the rate resolution sent to the City
Council. This demonstrates that money allocated for rate regulation is money well spent. Looking
forward, the Commission has several tasks to consider. A Triennial Review needs to be done,
according to the ordinance. The Triennial Review is a review of the cable company's performance
over the past three years. Work on the Commission' s bylaws and the cable modem ordinance draft is
being done by Matthews and the Commission will need to address them at some point.
Smith referred to the local access channel programming report included in the packet. The charts are
intended to identify the types of programming on the access channels. The charts show how many
programs and the amount of programming hours of new programs or program replays, community
programming and whether the programs are produced by the channel or by an outside source. The
programs provided by the Community Television Service and the Senior Center are identified as an
imported program. InfoVision reports show how often the system is in use and how often it was
available at different times of the day.
Weingeist said that some imported programs by PATV might be considered community programming,
but the chart' s scheme would not indicate this. Smith said that imported programs would not count
towards the 33% requirement for community programming included in their contract. Community
Programming is defined as produced by the staff or PATV producers. Pusack said this may need to be
re-examined as there may be differing interpretations of that definition. Hoch said there needs to be
some definitions of the categories included. Pusack said he does not care ira program is produced
internally at PATV or by an outside (imported) source. Hoch said that if a tape comes to PATV from
the Senior Center and is about the community, it is community programming. Smith said that
differentiating between imports from within Iowa City and outside was considered, but given the
relatively small number of programs involved in those categories the charts would become more
difficult to read. Pusack said that the categories listed may not be discrete categories. You could have
new imported programs that were community programming. Smith noted that data from past CTS
reports averaged about 9-14 hours out of 400~500 and didn't even cut a line on the graph, therefore
they were included in other categories. Pusack and Hoch said the chart confuses content and source.
An internal new program could also be a new community programming. Brau said that in that case
PATV would consider that a new community programming. Internal new programs are those that are
produced by the channel, but not considered community programming. Pusack said that the Chamber
of Commerce could make a tape independent of PATV that deals with the community. In that case, it
could be considered an imported program, but not a community programming, even though it might, in
fact, be community programming. Brau said that programming data can be compiled and presented to
the Commission in any form they wish, but it must first be made clear what information the
Commission desires. Staff will continue to work on the program report form until it evolves into a
satisfactory product for the ICTC.
LOCAL ACCESS SURVEY DISCUSSION
Hoch moved and Pusack seconded a motion to table this item. The motion passed unanimous.
CSPAN IOWA
Shaffer referred to the document in the meeting packet and said that it is for their information and does
not require action. Commissioners are encouraged to make suggestions. The document will be sent out
to a number of people and organizations.
ADJOURNMENT
Hoch moved and Pusack seconded a motion to adjourn. The motion passed unanimously with Smith
absent. Adjournment was at 6:43 p.m.
Respectfully submitted,
Cable TV Administrator
08-0t -00
3b(6)
POLICE CITIZENS REVIEW BOARD
MINUTES -June 13, 2000
CALL TO ORDER Chair J. Watson called the meeting to order at 7:00
P.M.
ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey,
J. Stratton and J. Watson. Staff present: Legal Counsel
C. Pugh and PCRB Assistant S. Bauer. ICPD Captain T.
Widmer was also in attendance.
CONSENT
CALENDAR Motion by J. Stratton and seconded by P. Farrant to
adopt the Consent Calendar, as amended:
a. Minutes of 5/23/00 meeting
ICPD General Order - Less Lethal Impact Munitions
c. ICPD May Training Report
d. ICPD Training Newsletter
e. ICPD Training Bulletin 00-32
ICPD Training Bulletin 00-34
g. ICPD Training Bulletin 00-37
h. ICPD Training Bulletin 00-38
i. ICPD Training Bulletin 00-39
5/30/00 correspondence from NACOLE
After a brief discussion, Motion carried, 5/0, all members
present.
RECOMMENDATION TO COUNCIL
Receive PCRB Public Report #99-08
ANNUAL REPORT Following discussion, the Board decided to follow the
same format for the upcoming annual report as was
followed in last year's annual report. Bauer reported the
deadline is August 1. P. Farrant and S. Bauer will prepare
a first draft for the July 11 meeting.
VIDEOTAPE S. Bauer presented the concept of possibly developing a
videotape about the PCRB as an education tool. The
video could be shown on the government channel. It
could also be used by anyone (board members or staff) at
presentations. After discussion, the Board directed Bauer
to explore this idea with the City's cable people to see if
they could do it, the cost, timeframe; the Board also
requested that someone from the City be present at the
Board's regular meeting in July or August to discuss this
concept with them.
NEW BUSINESS None
OLD BUSINESS None
PUBLIC DISCUSSION None
MEETING SCHEDULE
· Regular Meeting June 13, 2000
· Special Meeting June 27, 2000 (Watson will be
absent)
· Regular Meeting July I 1, 2000 (Watson will be
absent)
· Special Meeting July 18, 2000 (City Attorney's
Conference Room)
· Special Meeting July 25, 2000 (Watson will be
Absent)
· Regular Meeting August 8, 2000
BOARD
INFORMATION J. Watson was contacted by Jeff
Carlson of the Press Citizen to provide a "question and
answer" article for their Sunday edition.
STAFF
INFORMATION None
EXECUTIVE
SESSION Motion by L. Cohen and seconded by P. Hoffey to
adjourn into Executive Session based on Section 21.5
(1)(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law
to be kept confidential or to be kept confidential as a
condition for that government body's possession or
continued receipt of federal funds, and 22.7( 11 ) personal
information in confidential personnel records of public
bodies including but not limited to cities, boards of
supervisors and school districts, and 22.7(5) police
officer investigative reports, except where disclosure is
authorized elsewhere in the Code; and 22.7(18)
Communications not required by la w, rule or procedure
that are made to a government body or to any of its
employees by identified persons outside of government,
to the extent that the government body receiving those
communications from such persons outside of
government could reasonably believe that those persons
would be discouraged from making them to that
government body if they ware available for general public
examination. Motion carried, 5/0, all members present.
Open session adjourned at 7:40 P.M.
REGULAR
SESSION Regular meeting resumed at 8:40 P.M.
Motion by J. Stratton and seconded by P. Farrant to
approve PCRB Public Report on #99-08, as amended, and
subject to further amendment following a name-clearing
hearing. If the officer involved waives a name-clearing
hearing, the Public Report, as amended, will be forwarded
to the City Council. Motion carried, 5/0, all members
present.
Legal Counsel C. Pugh was directed to communicate with
the City Attorney to inquire about the progress in the
Board's request to the Chief on May 25, 2000, regarding
PCRB Complaint #99-10.
Legal Counsel C. Pugh was directed to draft a letter to
Chief Winkelhake regarding complaint interviews.
Staff was directed to schedule a name-clearing hearing
for the officer involved in PCRB Complaint #99-08 for
Tuesday, June 27, 2000, 7:00 P.M.
The first draft of PCRB Public Report #00-01 will be
discussed at the next meeting.
ADJOURNMENT Motion for adjournment by John Stratton and seconded
by P. Hoffey. Motion carried, 5/0, all members present.
Meeting adjourned at 8:55 P.M.
08-01-00
3b(7)
POLICE CITIZENS REVIEW BOARD
MINUTES - July 11, 2000
CALL TO ORDER Vice-Chair P. Farrant called the meeting to order at
7:00 P.M.
ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey,
and J. Stratton; Board member absent: J. Watson. Staff
present: Legal Counsel C. Pugh and PCRB Assistant S.
Bauer. ICPD Lt. M. Johnson and Chief R. J. Winkelhake
were also in attendance.
CONSENT
CALENDAR Motion by L. Cohen and seconded by J. Stratton to
remove item "c" and item "d" of the Consent Calendar
for separate consideration. Motion carried, 4/0, Watson
absent.
Motion by L. Cohen and seconded by P. Hoffey to adopt
the Consent Calendar, as amended:
a. Minutes of 6/13/00 meeting
b. Copy of e-mail correspondence from R.J. Winkelhake dated
6/29/200
c. Memorandum dated 7/5/00 from Chief Winkelhake regarding
PCRB Complaint//99-08
d. Memorandum dated 7/7/00 from Chief Winkelhake regarding
PCRB Complaint//99-09
e. ICPD June Training Report
f. ICPD Training Newsletter
g. ICPD Training Bulletin 00-40
h. ICPD Training Bulletin 00-43
ICPD Training Bulletin 00-44
ICPD Training Bulletin 00-45
General Order - Harassment and Sexual Harassment
]. Quick Reference to Federal Firearms Laws
Motion carried, 4/0, Watson absent. Chair Farrant
recognized Police Chief R.J. Winkelhake, who apologized
for the late response to the Board's requests for
information regarding PCRB Complaint #99-10.
Winkelhake informed the Board that the delay was his
responsibility.
RECOMMENDATION TO COUNCIL
· Receive PCRB Public Report #99-10
· Receive PCRB Annual Report (7/1/99 to
6/30/00)
ITEM "c" and
"d" of the
CONSENT
CALENDAR Memorandum dated 7/5/00 from Chief Winkelhake
regarding PCRB Complaint #99-08
Motion by L. Cohen and seconded by P. Hoffey directing
legal counsel to prepare a response to the Chief
explaining the premise on which the Board based the
statement in question. Motion carried, 4/0, Watson
absent.
Memorandum dated 7/7/00 from Chief Winkelhake
regarding PCRB Complaint #99-09
In his memo, the Chief asked the Board to consider the
possibility of providing advance information to officers
who are invited to a name-clearing hearing whenever the
Board's report includes comments on issues that are not
specifically addressed in complaint allegations. The
Board discussed the option of changing the SOP. Staff
was directed to put this item on the agenda for the
regular meeting in August. Legal counsel was directed to
research the feasibility of changing the SOP.
[Board member L. Cohen left the meeting at 7:15 P .M.]
ANNUAL REPORT The draft of the annual report was discussed and
amended as follows:
1. Make the appropriate changes throughout to reflect
eight reports issued during the reporting period.
2. Page 2, Meetings, last paragraph, "... at least 60
hours ... for a total of 300 hours."
3. Eliminate number "8" under '1~oard Concerns and
Issues.
4. Page B, Board Education, eliminate "Hold forums
(minimum of two a year)."
Motion by P. Hoffey and seconded by J. Stratton to
approve the PCRB Annual Report, as amended, and
forward it to the City Council. Motion carried, 3/0,
Watson and Cohen absent.
PUBLIC DISCUSSION None
MEETING SCHEDULE
, Special Meeting July 18. 2000
· Regular Meeting August 8. 2000
· Special Meeting August 22. 2000
BOARD
INFORMATION None
STAFF
INFORMATION S. Bauer - reported that Bob Hardy, Cable TV, will be
present at the July 18 meeting to discuss the
feasibility of producing a PCRB videotape.
EXECUTIVE
SESSION Motion by J. Stratton and seconded by P. Hoffey to
adjourn into Executive Session based on Section 21.5
(1)(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law
to be kept confidential .or to be kept confidential as a
condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal
information in confidential personnel records of public
bodies including but not limited to cities, boards of
supervisors and school districts, and 22.7(5) police
officer investigative reports, except where disclosure is
authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure
that are made to a government body or to any of its
employees by identified persons outside of government,
to the extent that the government body receiving those
communications from such persons outside of
government could reasonably believe that those persons
would be discouraged from making them to that
government body if they were available for general public
examination. Motion carried, 3/0, Watson and Cohen
absent. Open session adjourned at 7:26 P.M.
REGULAR
SESSION Regular meeting resumed at 8:03 P.M.
Motion by J. Stratton and seconded by P. Hoffey to
approve PCRB Public Report on #99-1 O, as amended, and
forward it to the City Council. Motion carried, 3/0,
Watson and Cohen absent.
ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by J.
Stratton. Motion carried, 3/0, Watson and Cohen absent.
Meeting adjourned at 8:03 P.M.
4
08-0'1-00
3b(8)
POLICE CITIZENS REVIEW BOARD
MINUTES - July 18, 2000
CALL TO ORDER Chair J. Watson called the meeting to order at 7:00
P.M.
ATTENDANCE Board members present: L. Cohen, P. Farrant (7:05), P.
Hoffey, J. Stratton, and J. Watson. Staff present: Legal
Counsel C. Pugh and PCRB Assistant S. Bauer. Sgt. J.
Steffen and Bob Hardy were also in attendance.
CONSENT
CALENDAR Motion by L. Cohen and seconded by P. Hoffey to adopt
the Consent Calendar:
a. Minutes of 6/13/00 meeting
b. Memorandum dated 7/11/00 from David Schoon regarding Iowa
City Business Outreach Survey 2000
Motion carried, 5/0, all members present.
RECOMMENDATION TO COUNCIL
· Receive PCRB Public Report #99-10
· Receive PCRB Public Report #00-01
· Receive PCRB Annual Report (7/1/99 to
6/30/00)
VIDEOTAPE Bob Hardy from the City's Cable TV Department
discussed with the Board the feasibility of developing a
videotape for the PCRB as an educational tool, which
could be used on the government channel and also used
at service club presentations. Hardy's comments
included:
· A recommendation for a 10-15 minute informational
video
· The cost to the Board would be shared with Cable TV,
50/50, to include time and materials.
· Hardy would develop the initial script, working with
one or two people from the Board during the
development and production stage; the Board would
have final approval of the script.
· Requests that the Board formulate a point of view or
theme for the video.
· Estimated the time to produce the videotape to be
three months, depending on availability of people
involved.
· The video would be of broadcast quality, thereby
allowing for other opportunities for distribution.
· To start the process, he would need from the Board:
1. A paragraph or two outlining the Board's intent
2. A list of the five major issues
· The procedure Hardy follows in developing a video is:
1. develop script
2. review script
3. set up shooting date (Board would be responsible
for scheduling individuals to appear in the video)
4. rough-cut (script and visual)
Suggestions and comments from the Board included:
· It should explain the ordinance, its origin, function,
structure, accomplishments, goals, reactions to what
the Board has done, how citizens can use the Board,
whether the ordinance is needed.
· Address issues that might be controversial
· Present a balanced point of view with testimonials,
possibly to include the Chief, the police union, a city
council member, community people.
· The video should be interesting and useful.
Watson suggests the video could assist with the Board's
goal of providing more service group presentations.
It was the consensus of the Board that the concept be
addressed with a pros and cons approach.
Staff was directed to put this item on the agenda for the
regular meeting in August for further discussion.
NEW BUSINESS None
OLD BUSINESS Following review and discussion, Motion by J. Stratton
and seconded by P. Hoffey to amend the PCRB Annual
Report approved 7/11/00 and adopt it as revised
7/18/00. Motion carried, 5/0, all members present.
Staff was directed to prepare a letter to the Chief
requesting updated internal investigation logs.
Legal counsel advised she has not prepared a response
yet to the Chief regarding his memorandum dated 7/5/00
regarding PCRB Public Report #99-08 and requested
further clarification. Watson and Farrant will assist in
preparing a draft for the next meeting.
Cohen recommended that the Board review an ICPD
policy, procedure or practice every month, starting
August 8. She also expressed her concern that the Board
needs to follow-up on its past reports. Staff was directed
to include policy review selection on the next agenda.
The Chair was directed to invite the Chief to the August
8, 2000 meeting to discuss with the Board its
recommendation in its Public Report on Complaint
#99-08.
Chair was also directed to write a letter to the Chief
asking about the availability of officers to speak to the
Board on various topics.
PUBLIC DISCUSSION None
MEETING SCHEDULE
· Regular Meeting August 8, 2000
· Special Meeting August 22, 2000 (J. Stratton will be
absent.)
· Regular Meeting September 12, 2000
BOARD
INFORMATION None
STAFF
INFORMATION None
BREAK (The Board took a break from 8:15 to 8:25 P.M.)
EXECUTIVE
SESSION Motion by J. Stratton and seconded by P. Farrant to
adjourn into Executive Session based on Section 21 .E
(1)(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law
to be kept confidential or to be kept confidential as a
condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal
information in confidential personnel records of public
bodies including but not limited to cities, boards of
supervisors and school districts, and 22.7(5) police
officer investigative reports, except where disclosure is
authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure
that are made to a government body or to any of its
employees by identified persons outside of government,
to the extent that the government body receiving those
communications from such persons outside of
government could reasonably believe that those persons
would be discouraged from making them to that
government body if they were available for general public
examination. Motion carried, 5/0, all members present.
Open session adjourned at 8:26 P.M.
REGULAR
SESSION Regular meeting resumed at 9:05 P.M.
Motion by P. Hoffey and seconded by L. Cohen to
approve PCRB Public Report on #00-01, as amended, and
forward it to the City Council. Motion carried, 5/0, all
members present.
The Board directed Chair to respond to correspondence
received from the complainant on 7/13/00 regarding
PCRB Complaint #00-01.
ADJOURNMENT Motion for adjournment by L. Cohen and seconded by P.
Hoffey. Motion carried, 5/0, all members present.
Meeting adjourned at 9:10 P.M.
4
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
TO: City Council
FROM: Police Citizens Review Board
RE: Report of PCRB Complaint//99-10
DATE: July 11, 2000
CC: Complainant
Steve Arkins, City Manager
R. J. Winkelhake, Chief of Police
Officers involved in Complaint.
This is the Report of the Police Citizens Review Board's (the "Board") review
of the investigation of PCRB Complaint #99-10 (the Complainant")
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7B(2), the Board's
job is to review the Police Chief's Report ("Report") of his investigation of a
complaint. The City Code requires the Board to apply a "reasonable basis"
standard of review to the Report and to "give deference" to the report "because of
the Police Chief's professional expertise." Section 8-8-7B(2). While the City Code
directs the Board to make "findings of fact," it also requires that the Board
recommend that the Police Chief reverse or modify his findings only if these
findings are "unsupported by substantial evidence," are "unreasonable, arbitrary or
capricious" or "are contrary to a Police Department policy or practice or any
Federal, State or Local Law." Sections 8-8-7B(2) a, b, and c.
PCRB 99-10
Page :~
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on December 29,
1999. As required by Section 8-8-5 of the City Code, the Complaint was referred
to the Police Chief for investigation. The Chief's Report was due March 28, 2000.
The Chief turned in a report March 28, 2000, which included the complete case
file. The Board returned the Chief's Report to be revised consistent with the
standard format for his reports. The revised Report was received April 17, 2000.
The Board voted to review the Complaint in accordance with Section
8-8-7 B. 1 (a), which means the Board will review the complaint on the record
without requesting additional information.
At the Board's meeting on May 23, 2000, the Board voted to change the
level of review in accordance with Section 8-8-7 B. 1 (e), which means the Board
will perform its own additional investigation. The Board requested additional
investigative information from the Chief on May 25, 2000.
At the meeting on May 23, 2000, the Board voted to request from the City
Council a 60-day extension of its report deadline to August 1, 2000. Such
extension was granted.
The Chief responded to the Board's request of May 23 by memorandum on
July 5, 2000.
The Board met on March 28, April 11 and 25, May 9 and 23, June 13, and
July 11, 2000 to consider this Complaint.
FINDINGS OF FACT
The complainant was arrested late in December in the early evening as he
was parking on Washington Street near the police station. The arresting officer had
received information regarding a possible O.W.L of a vehicle occupied by two black
males fitting the description of the complainant's vehicle. Officer A located the car
being driven in an erratic fashion. Officer A then lost sight of the vehicle, but later
located it as it was being parked in an erratic manner. When Officer A made
PCRB 99-10
Page 2
contact with the operator he/she concluded the operator was intoxicated as he was
unsteady on his feet and his speech was slurred. Part of this stop is on video but
there is no sound due to battery realfunction. The complainant informed the Officer
that he had no driver's license and that the car he was driving was not his. Officer
A left the scene to enter a nearby bar where the car's owner allegedly was located.
There he found the second person that had been in the vehicle. This individual
claimed he did not know the driver, but had obtained a ride from him from another
bar. The complainant had been left with Officer B who had also responded to the
radio call regarding a possible Operating While Intoxicated. When Officer A
indicated via radio that he was with the suspect, Officer B drove to Officer A's
location and arrived within 1.5 minutes. A third person, Officer C, is referred to in
both Officers' narratives, but it is not clear when he/she arrived.
When Officer A returned from the bar he informed Officer B that he had an
appointment and requested Officer B to complete the O.W.I. investigation. Officer
B agreed and as it was very cold, "advised" the complainant that they would go to
the Iowa City Police Department to conduct sobriety tests. The complainant was
placed in the back of Officer B's patrol car without handcuffs. He was advised that
he was not under arrest at that point in time. Officer B then drove the complainant
to the Iowa City Police Station. The in-car recorder of Officer B supports this
event, although the complainant reports that he was "walked" to the Police
Department. Officer C remained at the scene to take care of the car.
At the station the complainant was administered a number of sobriety tests
(H.G.N. and Walk and Turn) on which he did poorly. The complainant was asked to
take the One Leg Stand Test and a P.B.T. Test, but refused. Officer B then advised
the complainant that he was under arrest for Operating While Intoxicated and
requested that he sit in the intoxilyzer room. The complainant became agitated
and indicated that he would fight before he was done. Officer B read the Iowa
Implied Consent Form to the complainant who interrupted the reading several times
and refused to take the test and to sign a form. During this time two officers, D
and E, were sent to the area by the dispatcher because of the complainant's
PCRB 99-10
Page3
behavior as observed on the video. The complainant stood up and said, "it's time
to fight." When the complainant arose, so did Officer B, D, and E. Officer B pulled
his OC from its case and indicated it would be used if the complainant became
resistive. The complainant was handcuffed behind his back and the cuffs double
locked. The complainant was then taken to the "front report writing room" so that
Officer B could type the charges. As the charges were being typed, the
complainant rose from his chair and approached Office D. Officer D asked the
complainant to sit back down, but he refused. Officer B arose and assisted Officer
D in attempting to sit the complainant back down. As the complainant resisted,
Officer E took him to the ground as the complainant was flailing and screaming
threats. Officer E held the complainant on the floor until a transport car was
obtained. The complainant was then assisted to his feet by Officer E and walked
down the hall towards the car. As Officer E and the complainant approached the
Gilbert Street door, the complainant planted his feet and pulled away from Officer E
who then again took him to the ground. The complainant, after being helped to his
feet again, pulled away and tried to run through the Gilbert Street door. Officer E
grabbed the complainant's arm and pulled him rearward as he impacted the window
with his head. The officer received an injury to his left elbow. The window was
shattered completely onto the outside walkway. The complainant's head was
photographed after he was placed in the squad car to document absence of injuries.
The complainant resisted placement in the squad car. His feet were secured with
flex cuffs and he was taken to the University of Iowa Emergency Trauma Center
and examined and X-rayed. Then he was taken to the Johnson County Jail on
three charges: Operating While Intoxicated- Third Offense, Driving While Barred,
and Interference with Official Acts Causing Injury.
CONCLUSION
The complainant indicated that he had no complaints regarding his treatment
by Iowa City Police Officers until after he was handcuffed in the police station. His
account of what happened and which officers were involved differs from that of
PCRB 99-10
Page 4
the officers. The complainant charges that excessive force was used in three
different contexts.
Allegation #1. Handcuffs were placed on the complainant too tightly.
Complainant states that handcuffs were placed on him so tightly that they left
marks on his wrists and prevented him from sitting. He indicates that behavior
perceived as resistlye and threatening by officers was a consequence of his efforts
to get the officers to respond to his complaints and to loosen the handcuffs.
The Chief's Report states that Officer B normally checks handcuffs for
tightness by placing his fingers between the cuff and the wrist. Officer B does not
have a specific recall of checking the cuffs, but to check the cuffs is his normal
procedure. The Chief's Report states there is no indication in the medical reports
that the complainant suffered injuries to his wrist. The Chief's Report noted that
the aggressive conduct of the complainant would cause pain and discomfort from
the cuffs. The Board finds the Chief's conclusion that there is no evidence that the
handcuffs were on too tightly is supported by substantial evidence, and is not
unreasonable, arbitrary or capricious. Allegation #1 of the complaint is NOT
SUSTAINED.
Allegation #2. Officers threw the complainant to the floor and struck and
kicked him. The complainant states that after refusing to take the sobriety test he
stood up and asked the officer who was trying to test him to loosen the cuffs.
When refused, he continued to try to show the officer that the cuffs were too tight.
The complainant states "at least" two other officers came into the room and
started hitting him, then threw him on the floor where one officer kicked him in the
face.
The Chief's Report states that the complainant wanted to fight with Officer B
throughout the processing of the arrest and that he became more and more agitated
as the charges were completed. His hat and glasses were removed by Officer D to
facilitate the use of pepper spray if necessary. The complainant became more
abusive. When Officer E walked into the room the complainant backed into the
officer who then placed the complainant on the floor to gain control. The Chief's
PCRB 99-10
Page 5
Report noted that the officer's actions in taking the complainant to the floor were
consistent with the department's use of force policy and that there is no indication
that the officers struck and/or kicked the complainant. The Board finds that the
Chief's conclusion that the officers used only the amount of force necessary to
contain and control the complainant is supported by substantial evidence, and is
not unreasonable, arbitrary or capricious. Allegation #2 of the complaint is NOT
SUSTAINED.
Allegation//3. Officers forced the complainant's head and upper body
through the glass in the upper part of an exterior door at the police station.
The complainant states as he was being taken down a hallway to be transported to
jail he was held by two officers, one grasped the handcuffs behind his back and
raised them up. The complainant stated that as he neared the exit door he could
see no one there to open it. When he tried to lean back to see the door he was
grabbed and his head rammed into the door striking the metal portion "by the door
handle, right below the window." The complainant stated that he backed up and
tried to straighten up and the next thing he knew he was put through the window
of the door.
According to the Chief's Report, as the complainant was being moved
toward the rear door of the station, the complainant moved to face and challenge
the officers following him and he was taken to the floor by Officer E to control him.
When assisted to his feet the complainant pulled away from the officer and ran
toward the windowed rear door, put his head down and drove his head through the
window. Officer E grabbed the complainant, stopping him from seriously injuring
himself. The Board finds no reason to dispute the Chief's conclusions that the
officers used only the amount of force necessary to contain and control the
complainant; the officers did not force the complainant into the door glass. The
complainant was responsible due to his attempt to run forward. The Chief's
conclusion is supported by substantial evidence and is not unreasonable, arbitrary
or capricious. Allegation #3 of the complaint is NOT SUSTAINED.
PCRB 99-10
Page 6
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
TO: City Council
FROM: Police Citizens Review Board
RE: Public Report of PCRB Complaint #00-01
DATE: July 18, 2000
CC: Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in Complaint
This is the Report of the Police Citizens Review Board's (the "Board")
review of the investigation of PCRB Complaint//00-01 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7 B, the
Board's job is to review the Police Chief's Report ("Report") of his
investigation of a complaint. The City Code requires the Board to apply a
"reasonable basis" standard of review to the Report and to "give deference"
to the Report "because of the Police Chief's...professional expertise."
Section 8-8-7 B.2. While the City Code directs the Board to make "findings
of fact," it also requires that the Board recommend that the Police Chief
reverse or modify his findings only if these findings are "unsupported by
substantial evidence," are "unreasonable, arbitrary or capricious," or are
"contrary to a Police Department policy or practice or any Federal, State or
local law." Sections 8-8-7B.2(a), (b), and (c).
PCRB 00-01
Page
BOARD'S PROCEDURE
On February 11, 2000, the Complaint was received at the office of
the City Clerk. As required by Section 8-8-5 of the City Code, the Complaint
was referred to the Police Chief for investigation.
At its meeting on February 22, 2000, the Board discussed the
timeliness of Complaint #00-01 and found that, although some portions of
the Complaint are subject to summary dismissal by the Board, other portions
of the Complaint are timely and will proceed. The Board voted to review the
Complaint in accordance with Section 8-8-7 B. 1 (a), which means on the
record with no additional information.
The Chief of Police was notified by letter on February 25, 2000 that
allegations regarding officer conduct in the Complaint occurring prior to
November 14, 1999 exceeded the 90-day limitation for filing of complaints,
Section 8-8-3 D. Those were considered untimely and were summarily
dismissed by the Board. Allegations contained in the "Basic Facts"
document attached to the Complaint form under "Part 4. Police's Hidden
Agenda?" relating to a January 2000 discovery, and under "Part 6. Falsified
Testimony in Court by the Other Driver and Police," are timely and should be
investigated.
The Board requested in the correspondence to the Chief all portions of
the case file relevant to the timely allegations.
The Chief's Report was filed with the City Clerk on May 10, 2000,
with a number of attached documents, including the incident report, accident
report, citation, arrest warrant, interviews, statements, and trial notes.
The Board met on February 22, May 23, June 13, July 11 and 18,
2000 to consider this Complaint.
PCRB 00-01
Page 2
FINDINGS OF FACT
In August 1999, the complainant was traveling on Hwy. #6 and had
come to a stop on the roadway at an intersection when a truck came from
behind and struck her vehicle on the left side causing minimal damage. The
complainant did not exchange sufficient information with the other driver and
left the scene, saying that she would take care of it later. The other driver
reported the accident to the police later that day. The complainant failed to
report the accident as required by Iowa law.
In September 1999, Officers A and B arrived at the complainant's
apartment to question her about the accident. Officer A explained to the
complainant that a business card and telephone messages had been left but
there had been no response from the complainant. The complainant said she
had been on vacation and did not have time to return the call. The officers
completed that accident report and drew up a citation for leaving the scene
of an accident. When presented with the citation, the complainant refused
to sign the citation. The officers made several attempts to explain that
signing the citation was only an agreement to appear in court. After
continuing to refuse to sign, the complainant was advised by Officer A that a
warrant would be issued for her arrest.
Later in September 1999, Officers C, D, and E were involved in the
serving of an arrest warrant on the complainant at her apartment. The
complainant's parents, recently arriving from China, were also present. The
complainant explained she could not go with the officer because her parents
were visiting from China. A great deal of confusion followed due to
language, since the parents did not understand English and the complainant
was refusing to go with the officers. Some scuffling occurred and the
complainant was restrained and taken to jail.
In December 1999, a jury trial took place. The jury returned a verdict
of not guilty on the charge of leaving the scene of a property damage
PCRB 00-01
Page 3
accident. A verdict of guilty was found against the complainant on a charge
of interference with official acts.
On February 11, 2000, the complainant filed PCRB Complaint #00-01.
Those allegations found to be timely and under consideration by the Board
are the following:
Allegation #1: Police's hidden agenda.
Allegation #1: False testimony during court on December 6, 1999.
Allegation #3: Discrimination based upon her gender and race.
CONCLUSION
Allegation #1: Police's hidden agenda. The Chief makes no mention
in his Report of an alleged police hidden agenda as made by the complainant.
The only reference to a police hidden agenda was found in the Complaint
and appears to be based upon a discussion with the police by an ex-
boyfriend, who is the father of the complainant's child. The complainant
also believed the frequent visits to her apartment by the police were not to
investigate a small car accident but were also part of the police's hidden
agenda.
Since the allegation had not been addressed in the Report, the Board
sent a letter to the Chief on June 22, 2000 asking for a response to the
allegation so that the Board could continue its review and file its Public
Report in a timely fashion. The chief responded with follow-up
correspondence addressing the allegation of a police hidden agenda on July
5, 2000.
In the follow-up correspondence the Chief noted that Officer A had
attempted to contact the complainant during a two week period from August
21 to September 5, 1999 by telephoning the residence, leaving a notice on
the outside of the door, and checking the parking lot periodically looking for
the complainant's vehicle. Other officers also checked the parking lot from
time to time. This is considered routine police practice.
PCRB 00-01
Page 4
The ex-boyfriend contacted the police department on August 24,
1999 looking for the complainant so that he could exercise his visitation
rights. An officer responding to the call for service attempted to aid the
father in locating his child. The officer did not mention this particular "call for
service" to any other officer.
In further review of all documentation accompanying the Report and
the absence of any information which would lend credence to the allegation
made by the complainant, the Board finds the allegation is not supported by
sufficient evidence, and the Chief's conclusion that no hidden agenda existed
is not unreasonable, arbitrary or capricious. Allegation #1 of the Complaint
is NOT SUSTAINED.
Allegation #2: False testimony during court on December 6, 1999.
The statements made by the police and attached to the Report coincide with
the testimony as viewed in the jury trial notes.
The Board finds that the Report's conclusion of no inconsistent or
false testimony on the part of the officers is supported by sufficient evidence
and is not unreasonable, arbitrary, or capricious. Allegation #2 of the
Complaint is NOT SUSTAINED.
Allegation #3: Discrimination based upon her gender and race. The
officers were following standard police procedure in conducting an
investigation of a property damage vehicle accident and attempting to locate
the driver responsible for not reporting the accident. They made several
attempts to contact the complainant, including leaving telephone messages
on her answering machine and leaving a business card under the door. The
complainant was not taken into custody when she refused to sign the
citation, although the officer had the authority to do so. After explaining the
matter for nearly 30 minutes, the complainant was told before the officers
left that a warrant would be issued. When the officers returned to the police
station, the watch commander made an attempt to contact the complainant
by telephone.
PCRB 00-01
Page 5
The Board finds the Report's conclusion that the allegation appears to
be based entirely on speculation and perception is supported by substantial
evidence, and is not unreasonable, arbitrary, or capricious. Allegation #3 of
the Complaint is NOT SUSTAINED.
PCRB 00-01
Page 6
ANNUAL REPORT
OF THE
POLICE CITIZENS REVIEW BOARD
July 1, 1999 to June 30, 2000
General Responsibilities
The Police Citizens Review Board (PCRB) was created by Ordinance No. 97-3792
of the City of Iowa City on July 15, 1997 (amended by Ordinance No. 99-3877 on April
28, 1999 and by Ordinance No. 99-3891 on July 13, 1999).
The Board was established to assure that investigations into claims of police
misconduct are conducted in a manner which is fair, thorough, and accurate, and to
assist the Police Chief, the City Manager, and the City Council in evaluating the overall
performance of the Police Department by reviewing the Police Department's
investigations into complaints. The Board is also required to maintain a central registry
of complaints and to provide an annual report setting forth the numbers, types, and
disposition of complaints of police misconduct. To achieve these purposes, the Board
complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard
Operating Procedures and Guidelines.
PCRB responsibilities:
1. Review investigations of complaints of police misconduct
· Review the Chief's reports in a manner that is fair, thorough, and
accurate
, Issue public reports to the City Council
2. Help the Chief, City Manager, and City Council evaluate the overall
performance of the Iowa City Police Department (ICPD)
· Maintain a monitoring system for tracking complaints
· Provide an annual report to the City Council
· Review practices, procedures, and policies and make recommendations
for change
· Recommend ways for the ICPD to improve community relations and be
more responsive to community needs
3. Assure the citizens of Iowa City that the ICPD's performance is in keeping
with community standards.
· Seek and accept comment, opinion, and advice
· Hold periodic community forums to gather public input and to inform the
public
PCRB Annual Report FY '2000 - 1
Activities and Accomplishments
Meetings
The PCRB holds regular meetings on the second Tuesday and special meetings as
necessary. To address complaints during the period covered by this report and to handle
a variety of administrative tasks and other activities, the Board held 23 meetings, each
lasting one to three hours. The Board also met once with the City Council. Board
members assigned to review investigations of complaints and prepare written reports for
the City Council spent an average of four hours per complaint to complete these tasks.
During the period covered by this report, Board members each dedicated at least 60
hours to the work of the PCRB (for a total of 300 hours).
Administration
During the year, the City Manager approved a proposal that the Board apply for
membership in National Association for Citizen Oversight of Law Enforcement
(NACOLE), a national organization for citizen review boards. NACQLE provides a variety
of relevant services, such as national statistics and information, training, and expert
testimony. The NACOLE membership was established at the associate member level and
the Board Chair will routinely be listed as the PCRB's contact.
A senior member of the Police Department now routinely attends the open portion
of PCRB meetings.
Complaints
Number and Type of Allegations
The Board received 12 complaints in the reporting period covered by this report:
nine in 1999 and three to date in 2000. Eight public reports were issued. Four
complaints are now under review. One complaint under review contained several timely
allegations and several allegations that were dismissed as untimely. The following data
are based on the 24 allegations in the eight complaints reported on. Seven of the eight
complaints contained more than one allegation.
PCRB Annual Report FY '2000
Allegations
Stop or arrest made on basis of race 4
Officer did not explain reason for stop or arrest 2
No probable cause 2
No medical treatment offered 2
Excessive force 2
Intimidation to consent to search vehicle 1
Officer rude and antagonistic 1
Not advised of right to refuse breath test 1
Breath test poorly administered 1
Officer slapped drink from complainant's hand 1
Officer threatened to use OC spray 1
Complainant was left in police car for 15 minutes 1
Failure to Mirandize 1
Officers had previously harassed complainant 1
Officers planted controlled substance 1
Officer made inappropriate comments to the press 1
ICPD gave media copies of police reports 1
Level of Review
The Board decided, by simple majority vote, the level of review to give each
report, selecting one or more of the six levels specified in the City Code:
Level a On the record with no additional investigation 7
Level b Interview or meet with complainant 1
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board's own investigation
Level e Board performs its own additional investigation 0
Level f Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints of misconduct of police officers.
The Police Chief summarizes the results of these investigations and indicates in a report
(the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If
complaints are made against the Chief, the City Manager conducts the investigation and
prepares and submits the reports.)
The Board reviews both the citizen's Complaint and the Chief's Report and
decides whether the allegations should be sustained or not sustained. The Board
prepares a report for the City Council, with copies to the Chief, the officers involved, the
PCRB Annual Report FY '2000 - 3
City Manager, and the complainant. None of the 24 allegations listed in the eight
complaints for which Board reports have been released was sustained.
The Board made comments and/or recommendations for improvement in police
policy, procedures, or conduct in four of the reports. The following are synopses of the
Board's comments and recommendations:
· A complainant stated she felt she had been intimidated into consenting to a
search of her car. The Board noted that in his Report the Chief cites the
importance of securing voluntary consent for vehicle searches and
recommends that the officers named in the complaint review department
policy on traffic stops and the law concerning consent to search.
· A complainant alleged that the officer used an inaccurate Preliminary Breath
Test (PBT) unit to conduct a breath test or administered it incorrectly. Since
there was no record that the officer had signed out a PBT on the date of the
incident, it was not possible to determine the accuracy of the unit that he
used. The Board recommended that the Chief assure that appropriate
administrative policies and procedures be developed and/or followed, to permit
routine identification and tracking of each PBT unit in the field.
· A complainant sat in her car for nearly an hour while the officer who had
stopped her for minor traffic violations waited to receive confirmation of
information about her out-of-state license and registration. The complainant
stated that upon receipt of the information, the officer ordered her to get out
of the car and it was impounded.
Considering the lateness of the hour of the stop, the time of the year (late fall)
and the complainant's expressed concern that she was not dressed
appropriately to walk home, the Board concluded that it would have been
common courtesy to a citizen in this situation to offer her assistance in
arranging transportation. The officer's failure to do so is inconsistent with
Section 208 of the Police Policy Manual.
The stop lasted nearly an hour. The Board suggested that a review of
department policy, procedure, and practice when a simple traffic stop is of
very long duration is warranted.
Although there was a video of the stop, there was no audio record. The Board
affirmed that it is most desirable that officers verify that audio is functioning
during such stops. In this case, since the complainant alleged that the officer
had harangued her, the audio record would have been a valuable part of the
case file.
· It is the Board's opinion that Section 402.3 of the ICPD policy manual is too
broad. The Board agrees with the basic premise that police officials should be
PCRB Annual Report FY '2000 - 4
responsive to requests for information from the public and the news media.
However, it recommended that the policy be changed to 1 ) permit the Chief to
designate a primary spokesperson for the department for issues or incidents
that are potentially sensitive or high profile; and 2) more clearly restrict the
release of information that is not factual in nature.
Name-Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of
a sworn officer until after a name-clearing hearing has been held. During this reporting
period, the Board scheduled two name-clearing hearings. Both officers waived the right
to the hearing and did not attend.
Mediation
Officers and complainants are notified by mail that formal mediation is available to
them at any stage in the complaint process before the Board adopts its public report. All
parties involved must consent to a request for mediation. The Board received one
request for mediation from a complainant, but the officers involved declined to
participate, upon advice of the union.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the
names of complainants or officers involved in unsustained complaints and must be in a
form that protects the confidentiality of information about all parties, while providing the
public with information on the overall performance of the Police Department.
In addition, at one of its first meetings, the Board independently agreed that it did
not wish to use the names of officers or complainants in cases in which complaints are
sustained. The Board and the Police Chief agreed to use only the unique code numbers
the Police Department has assigned to each officer.
In 1998-99, there was a great deal of debate over a proposal to discontinue the
use of these individual unique identifiers and replace them with a numbering system that
would not have permitted the Board to identify (by identifying number only) patterns in
complaints against officers. After lengthy deliberations that included several
presentations by the Board, the City Council agreed not to change the ordinance but to
retain the current practice of preserving officer identity through use of individual unique
identifying numbers assigned by the Police Department. The Board continued to follow
this practice during the period covered by this report.
PCRB Annual Report FY '2000 - 5
Complaint Histories
Thirteen officers were named in the eight complaints this report covers. Two
officers were named in two; the rest were each named once.
ICPD Internal Investigations Logs
The Board reviewed the ICPD Internal Investigations Log, provided by the Chief of
Police on October 5, 1999.
Complainant Demographics
The following is demographic information from the eight complaints discussed in
this report. Because complainants provide it voluntarily, the demographic information is
incomplete. All eight complainants provided some demographic information.
Category Number of Complainants
Age:
Under 21 1
Over 21 7
Color:
White 3
Black 4
Latino 1
National Origin:
US 1
African 4
Mexican 1
Unknown 2
Gender Identity:
Male 4
Female 3
Unknown 1
Sex:
Male 5
Female 3
Sexual Orientation:
PCRB Annual Report FY '2000 - 6
Heterosexual 4
Unknown 4
Marital Status:
Married 1
Single 3
Divorced 1
Unknown
Mental Disability:
No 1
Unknown 7
Physical Disability:
No 1
Yes 2
Unknown 5
Religion:
Lutheran 1
Baptist 1
Pentecostal 1
Unitarian 1
Unknown 4
Race:
Caucasian 3
Black 4
Latino 1
Some demographic information that was not provided on the sheet attached to
the complaint form was taken from the first page of the complaint form.
Board Concerns and Issues
The Board's concerns and issues include:
1. Continuing to address concerns about limits on/obstacles to access the
information the Board needs to do a thorough review of the Chief's Reports.
Exploring all appropriate ways of obtaining the information we need to execute
fair and balanced reviews.
2. Continuing to monitor and address issues related to race-based traffic stops and
other race-based (profiling) issues in policing. Reviewing a full year of results of
the Iowa City Police Department's new policy on collection of information on race
for all traffic stops as soon as they are available.
PCRB Annual Report FY '2000 - 7
3. Continuing to address concerns with limits on the authority of the PCRB and with
the deferential standard of review in the complaint process.
4. Continuing to work on specific areas of concern with respect to department
policies, procedures, and practices.
5. Non-participation of officers in mediation, name-clearing hearings, and release of
transcripts.
6. Sunset clause in the Ordinance
7. "Report card" from the City Council
PCRB Goals for 2000-2001
Mission · Review investigations of complaints of police misconduct
· Help ensure that police department is responsive to community needs
Goals
1. Board Education
· Continue to streamline Board procedures
· New Board member briefings
2. Community Education · Hold forums
· Provide information aimed at improving officers' understanding of the
Board's function and educating the public about the PCRB
· Develop a video about the PCRB
3. Policy/Practice/Procedure (PPP) Review
· Continue to review general police policies, procedures and practices.
· Address the perception of discriminatory enforcement
· Community relations
Board Members
John Watson, Chair
Patricia Farrant, Vice Chair
Leah Cohen
Paul Hoffey
John Stratton
PCRB Annual Report FY '2000
0 8 -0 1-0 0
~-..
RULES COMMITTEE MEETING
July 26, 2000
Committee Members Present~ Lehman, Champion
Staff Members Present: Karr
Historic Preservation Commission By-Law changes.
The Rules Committee reviewed the changes, as suggested by the Commission at their
June 8th meeting and unanimously recommended adoption with the changes underlined.
ARTICLE I.
MEETINGS
Section 1. Regular Meetings. Regular meetings of this Commission shall be held
once each month. In addition, a date and time shall be reserved for a second'
meeting each month for the purpose of reviewing Certificate of Appropriateness
applications. If no applications are filed for review at the second meeting, the
meeting need not occur.
o8-o.~ -oo
MINUTES 3b(10)
SENIOR CENTER COMMISSION
TUESDAY, JUNE 20, 2000
MEMBERS PRESENT: Lod Benz, Joanne Horn, Jay Honohan, Bill Kelly,
Deborah Schoenfelder Carol Thompson and Mary
Kathryn Wallace
MEMBERS ABSENT: Allan Monsanto and Charity Rowley
STAFF PRESENT: Michelle Buhman, Linda Kopping, Susan Rogusky,
and Julie Seal,
GUESTS Ruth Bell and Nancy Adams Cogan
CALL TO ORDER
Honohan called the meeting to order at 3:10.
MINUTES
Motion: To approve the May minutes as distributed. The motion ca~ed on a vote
of 6-0. Wallace/Hora
PUBLIC DISCUSSION
None.
PARKING FACILITY/SKYWALK STRATEGIC PLANNING COMMITFEE -
Hora/Honohan
The Committee has raised approximately $66,000 for the skywalk to date including a
$5,000.00 donation from Hills Bank. The Committee is in the process of developing a
fund raising plan of action. Some potential fund-raising ideas were discussed. The
Committee is also investigating additional grant options.
ACCREDITATION REPORTS- Honohan; Hora; Wallace
Sub-committee #3 is in the process of developing a new Mission Statement and Goals
for the Senior Center.
Sub-committee #2 has had two meetings so far and is in the process of working on the
action plan.
Sub-committee #1 will be meeting after the commission meeting this evening.
AARP REPORT - Kopping
Sign-up sheets, daily schedule and logs were distributed to Commissioners. It appears
that effort is being made by the members of the AARP office to revitalize the AARP
office and operations.
SENIOR CENTER UPDATE
Ooemtions - Kopping
The punch-fist for the Fire Sprinkler and Ceiling Tile Project has yet to be completed.
The City is retaining five percent of the total project cost until the project is complete and
passes all inspections.
New ofrK;e fumiture for the professional staff is scheduled for delivery in July.
MINUTES 2
SENIOR CENTER COMMISSION
TUESDAY, JUNE 20, 2000
Kopping has also been working on staff evaluations.
Pm,clmms - Seal
An update of July programming was presented.
Volunteers - Rogusky
An update of volunteer programs and opportunities was given.
COUNCIL OF ELDERS - Cogan
A report from the Council of Elders was given.
CITY COUNCIL - Horn
No report available. _
BOARD OF SUPERVISORS - Monsanto
No report available.
Motion: To adjourn. Motion carded on a vote of 6-0. Schoenfelder/Hora
The meeting adjourned at 4:45.