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HomeMy WebLinkAbout01-23-1998 Minutes POLICE CITIZEN REVIEW BOARD MINUTES - January 7, 1998 Lobby Conference Room CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M.. ATTENDANCE Board members present: M. Raymond, P. Farrant, L. Cohen, J. Watson and P. Hoffey. Also present, Legal Counsel D. Russell, Administrative Assistant S. Bauer, and City Clerk M. Kart. Chair P. Hoffey recommended that Agenda Item 3 and 4 be reversed. Motion by J. Watson, seconded by M. Raymond. Motion carried, 5/0, all members present. CONSENT CALENDAR Motion by M. Raymond and seconded by P. Farrant to adopt Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL None MEDIATION PROCESS Board acknowledged receipt from staff of a (1) draft letter to be sent to each complainant from the PCRB regarding mediation and (2) a table showing individuals who expressed an interest in mediating for the City in 1996 (they have not been contacted yet about their interest in PCRB mediation). Discussion of the mediator table was deferred to meeting on January 8, 1998. After presentation, Legal Counsel recommended that the Board continue with mediation procedures by: 1. Preparing advisory letter to complainants about availability of mediation; (draft letter distributed) 2. Decide what mediator(s) they want; whether to go forward with interviews, orientation, or new advertising; 3. Prepare guidelines fi'om the board for mediators; 4. Create a report form for the mediator and parties to inform PCRB of results; 5. Create a form to report fees/payments; 6. Prepare a handbook section about mediation in the board's polices and procedures manual; PCRB- Minutes 1/7/98 Page 2 7. Prepare notification letters to the chief and the individual officer that the other party has requested mediation, and a form allowing written consent from both parties. The Board needs to decide items 1-7 above. The mediator will initiate an agreement which will generally include: · what the terms of confidentiality will be; · that the mediator shall not be called as a witness in any matter; that discussions in mediation shall not be used as evidence; · there are no restrictions on the parties about what they may disclose to others except by agreement. Legal Counsel advised the Board that only the parties involved in the complaint can be involved in mediation and only upon written consent of both. This would not exclude someone else from accompanying the parties if all parties agreed. After discussion about how much detail they want to know from mediation, it was the agreement of the Board they only need to know the end result of mediation: · If the complaint is withdrawn after mediation, the PCRB then has no further 'Jurisdiction." · With successful mediation, the citizen-complainant has presumably reached a satisfactory resolution, thereby eliminating any further action by the PCRB. · If not successful, then the PCRB investigation proceeds as though mediation did not occur. EXECUTIVE SESSION Motion by P. Farrant and seconded by L. Cohen to adjourn to Executive Session based upon 21.5(g) of the Code of Iowa to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, and 22.7(5) of the Code of Iowa requiting peace officer's investigative repo~s be kept confidential. Motion carried, 5/0, all members present. Meeting adjourned 7:55 P.M. Regular meeting resumed at 8:30 P.M. PCRB - Minutes 1/7/98 Page 3 BOARD/STAFF ROLES P. Farrant and J. Watson reported on their meeting with a complainant. Board and staffroles were discussed. It was agreed that a subcommittee does not have the authority of the board to act unless spec'flically delegated. The subcommittee should have a brief written report to return to the full board so the record is clear as to its results. Staff should be provided information. Legal Counsel and staff stated that when they are contacted on PCRB business, they report that information to the Chair and to each other. Legal Counsel recommended that the Board develop a policy so information is centralized and maintained in writing. It was agreed by the Board that the central depository for all information is through the City Clerk's Office. The City Clerk reported "...the City Manager wants you to be aware that his position, unless instructed otherwise, will be not to meet with anyone who has filed a complaint concerning cavy issue pending before the PCRB. " It was also agreed that any contact between a board member and the police chief should be written communication. The Board acknowledged a need to get procedures developed. EXECUTIVE SESSION Motion by P. Farrant and seconded by L. Cohen to adjourn back to Executive Session. Motion carried, 5/0, all members present. Meeting adjourned at 9:30 P.M. Regular meeting resumed at 9:45 P.M. PUBLIC DISCUSSION None FUTURE MEETING SCHE3DULE Further discussion on future meetings was deferred to meeting of January 8, 1998. Legal Counsel was requested to be present at the next meeting. PCRB - Minutes 1/7/98 Page 4 ADJOURNbl~NT Motion for adjournment by J'. Watson and seconded by P. Fan'ant. Motion ean'ied, 5/0, all members present. Meeting adjourned at 9:50 P.M. POLICE cr¥1ZEN REVIEW BOARD MINUTES - January 8, 1998 Council Chambers CALL TO ORDER Chair P. Hoffey called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond, J. Watson and P. Hoffey. Also present, Legal Counsel D. Russell, Administrative Assistant S. Bauer, and City Clerk IVL Kart. Chair P. Hoffey recommended that Agenda items 3 and 4 be reversed to allow more agenda items in open meeting before go'rog into execut'~ve session. Motion by P. Farrant and seconded by L. Cohen. Motion carried, $/0, all members present. RECOMMENDATION TO COUNCIL Request a 4$-day extension of 30-day reporting deadline for PCRB Complaints 97-2 through 97-7. MEDIATION PROCESS Recommendation from staffthat telephone messages not be retained unless there are extenuafmg circumstances on a case-by- case basis, nor will messages be transcribed. Staff further recommended that after a complaint is filed and once the Board receives the Police Chief's Repo~, that the Board ask staffifthere is anything to add which could then be presented to the board. Discussion followed. The consensus of the Board is to follow the recommended procedures. The Board accepted the final dra~ of the letter to be sent to each complainant from the PCRB regarding mediation. A discussion was held regarding the table reflecting names of mediators who expressed an interest to the City in doing mediation. City Clerk M. Kart reported that the City Attorney and Human Rights Coordinator have had success with one mediator, and recommended that the Board select one mediator to work with for a given period of time. She also recommended a modest budget amendment at this rune of $2,000 for the rest of the year for mediators. PCRB - Minutes 1/8/98 Page 2 Legal Counsel stated both parties have to consent to mediation. If one party finds the mediator unacceptable, then they withdraw their consent. Legal Counsel recommended that it might be useful for the Board to have a short roster of approved mediators. The Board should provide for options should a person find the mediator unacceptable. The Board directed staffto contact the mediators on the list to find out if they are interested in being considered as mediator for the PCRB. If they are interested, the Board would like further information regarding availability, fees, mediation training and experience, and whether they have ever mediated for the City before. The Board would like staffto have this information available by the next meeting. EXECUTIVE SESSION Motion by M. Raymond and seconded by P. Farrant to adjourn into Executive Session based upon 21.7(g) of the Code of Iowa to avoid disclosure of specific law enforcement matters, such as current or proposed investigations, and 22.7(5) of the Code of Iowa requiring peace officer's investigative reports be kept confidential. Motion carried, 5/0, all member present. Meeting adjourned 7:45 P.M. Regular meeting resumed at 9:05 P.M. Motion by ,I. Watson and seconded by L. Cohen that Complaint PCRB 97-$ be reviewed at level 8.8.7 B.(e) of the PCRB Ordinance. Motion carried, 5/0, all members present. Chair P. Hoffey appointed a subcommittee comprised ofP. Farrant and L. Cohen to prepare correspondence regarding Complaint 97-2, 97-3, and 97-7. Motion by M. Raymond and seconded by ,I. Watson for the full Board to authorize the subcommittee to complete the correspondence and send on to complainant. Motion carried, 5/0, all members present. The Board decided to request from the City Council a 4S-day extension of their 30-day reporting deadline for Complaints 97-2, 97-3, 97-4, 97-$, 97-6, 97-7. PCRB - Minutes 1/8/98 Page 3 FUTURE MEETING SCHEDUL~ Meeting on January 22, 1998 was canceled. Future meeting dates: January 23, 1998 - 7:00 P.M.-9:00 P.M. Sanuary 29, 1998 - 7:00 P.M.-9:00 P.M. February 3, 1998 - 11:30 A.M.-l:30 P.M. February 5, 1998 - 7:00 P.M.-9:00 P.M. February 9, 1998 - 11:30 A.M.-I:30 P.M. February 25, 1998- 11:30 A.M.-:30 P.M. The Board directed Legal Counsel to attend all fi~ture meetings unless otherwise told. ADJOURNMENT Motion for adjournment by L. Cohen and seconded by M. Raymond. Motion carried, 5/0, all members present. Meeting adjourned at 9:25 P.M.