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.