HomeMy WebLinkAbout02-25-1998 Communication DRAFT 4
POLICE CITIZENS REVIEW BOARD
FORMAL MEDIATION POLICIES/PROCEDURES
1. Requests for mediation, by either the complainant or the police officer, can be
made at any time during the review process. Mediation will proceed as promptly
as possible.
2. Mediation may proceed only upon written agreement of both ~ parties.
3. Once an interest in formal mediation is expressed, the complainant shall be
provided with a list of approved mediators to select from.
4. Formal mediation arrangements will be handled by PCRB staff.
5. Mediation shall be conducted at no cost to the parties by a trained mediator
authorized by the PCRB.
6. Mediators shall conduct mediation sessions ;:a. tk ~m ...... ~ .... ~:-~*~ at times
and in pu~Sc places agreed to by the parties.
7. Matters discussed in mediation sessions shall be confidential.
8. Statements and records disclosed during mediation may not be used or introduced
in evidence during any legal proceeding or PCRB investigation.
9. If mediation is successful in resolving the complaim, the mediator shall inform the
PCRB in writing, and the complainant shall withdraw his/her PCRB complaint.
10. If mediation fails to resolve the complaint, the mediator shall inform the PCRB in
writing, and the review of the complaint shall proceed as though mediation did not
11. Mediation does not "stop the clock" in the normal complaint process, but
extensions based on mediation can be sought through the City Council.
12. Only parties named in the complaint can participate in mediation. Others may be
present if all parties agree.
DRAFT 4
POLICE CITIZENS REVIEW BOARD
GUIDELINES FOR FORMAL MEDIATION
The goal qf the PCRB is to assure that investigations into
claims of police misconduct are conducted in a manner
which is fair, thorough and accurate. Formal mediation is
offered as a method to facilitate a successful resolution of
the issues involved in the complaint.
I, Mediation is a process in which the parties named in a complaint meet together with a
mediator to discuss resolution by promoting voluntary agreement between the parties.
2. Formal Mediation shall be available at any time during the review process upon
written consent of the complainant and the police officer(s) who are the subject of the
complaint.
3. Participants. Only the parties named in the complaint can participate in mediation,
however others may be present if all parties agree.
4. The Mediator is a neutral person who is not an agent for any party. The mediator is
to assist and help the parties reach their own resolution or agreement and does not
give legal advice.
5. Place. Mediations shall be held in ~-,-j' .......r ...........at tunes and tn places
agreed upon by the parties.
6. Confidentiality. The parties understand that in order for mediation to work, open
and honest communications are essential. All communications during the mediation
are agreed by the parties to be inadmissible for any later purpose and shall not be
admissible as arguments or evidence in a hearing or in any legal proceeding. Neither
the mediator nor the mediator's notes and records shall be subject to subpoena or
other discovery by any party following the mediation.
7. Termination. Mediation is a voluntary process, and it is understood that any party
may terminate at any time.
8. Results of the mediation shall he reported by the mediator as either (a) Resolved and
PCRB complaint is withdrawn, or (b) Unresolved, and the PCRB investigation shall
proceed as though mediation did not occur.
9. Fees and expenses of the mediator shall be billed by invoice and paid by the PCRB
through the City of Iowa City, IA at an hourly rate.
Form)
DRAFT 4
POLICE CITIZENS REVl~W BOARD
CONSENT TO MEDIATE
I agree that the Police Citizens Review Board may initiate the process of setting up
mediation of complaint # filed with the PCRB on
I understand that some conditions of mediation are spec'tried by city ordinance. I also have
been provided with a copy of the PCRB Guidel'mes and Policies/Procedures for Formal
Mediation. I further understand that all aspects of the mediation process must be agreed
to by all parties to the medtation.
Signature
Date
(Form also will be used as attachment to Police Chief Notification letter)
Please list your choice of mediator
Choice
(Mediator Name)
Choice
(Mediator Name)
No preference (staff will choose)
(Cheek here)
(Ltr. 2 ~ Mediation Packet)
DRAFT 4
Date:
Name
Address
City, State, Zip.
Dear
Thank you for the interest you have expressed regarding formal mediation as a possible
resolution to your Complaint # __ filed on I am
enclosing a mediation packet with information regarding this process, to include:
the Police Citizens Review Board's Formal Mediation Policies and Procedures;
· the Police Citizens Review Board's Guidelines for Formal Mediation;
· a Consent to Mediate form;
choose..,~..,.~
~--a paet~ of liszt of possible mediators from which you may r~. ,~
If you wish initiate this mediation process, please sign the Consent to Mediate form and
return in the enclosed self-addressed envelope, together with your choice of a mediator.
A ..........0 ...... ate is c~ ....... ~ .... t ....................... e~ ....... J .... v ....
~m~.t~x .... ~.:.^~ ~,; ....... t-~.:~, A Consent to Mediate and list of mediators
has also been scm to the police officer(s) named in your Complaint. After receiving
written consents from all parties, the PCRB staff will move forward with contacting a
mediator and setting up a time and place for mediation.
We will proceed with the investigation of your Complaint unless we receive your signed
Consent to Mediate form.
If you have any questions, please contact Sandy Bauer at 356-5413 or Marian Karr at
356-5041.
Sincerely,
Sandy Bauer
Administrative Assistant
Police Citizens Review Board
(enclosures)
cc: PCRB
R.J. Winkethake, Chief of Police
(L~. 3 to Chid')
Date:
R.J. Winkelhake, Police Chief
410 East Washington Street
Iowa City IA 52240
Dear Chief Winkelhake:
In an attempt to resolve the issues raised by PCRB Complaint # filed on
, the complainant has requested formal mediation. As you know, formal
mediation is subject to the written consent of all panics involved. Would you therefore
present this letter to the appropriate officer(s) If he/she consents to formai mediation,
please have him/her/them sign and return the attached consent form for your records.
Please notify the City Clerk's Office after you have received the form.
Once written consent has been received from both parties, we will move forward with
contacting a mediator and setting up a time and place for mediation.
Thank you for your assistance in this matter.
Sincerely,
Sandy Bauer
Administrative Assistant
cc: PCRB
(Ltr. ! re Fomml Med~ion)
Date:
Nsme
Address
City, State, Zip
Dear
The Police Citizens Review Board acknowledges receipt of your recent Complaint.
I want you to know that in addition to the Iowa City Police Department's investigation
and the subsequent PCRB's review, another option available to you is formal mediation.
This would occur when all parties agree to meet with a mutually acceptable third-party
mediator (non-City staff) in an attempt to reach a resolution of your complaint~ This
mediator would be a neutral party who is specially trained in mediation. Th~s is offered at
no expense to the parties.
I would also like to point out that you may meet informally with the police officer who is
the subject of your complaint and the department supervisor of the police officer if you
wish to do this in an effort to resolve your complaint informally. If you would like to meet
with them informally, please call the Chief of Police, R.J. Winkelhake at (319)356-5270.
I encourage you to consider either alternative method in an effort to resolve the issues in
your complaint. Again, they are available to you at any point during the investigation
process. If you are interested in formal mediation, please contact Sandy Bauer at
356-5413 or Marian Kart at 356-5041.
Sincerely,
Paul Hoffey, Chair
Police Citizens Review Board
cc: PCRB
KJ. Winkelhake
(~e~i,~ao~ Report form)
POLICE CITIZENS REVIEW BOARD
MEDIATOR REPORT ON
SUCCESSFUL FORMAL MEDIATION
AND
WITHDRAWAL OF COMPLAINT
Mediation of PCRB Complaint #97- , filed on has succeeded and the
issues have been resolved between the complainant and the officcr(s) involved.
Mediator Signature/Date
I withdraw my complaint filed with the Iowa City Police Cit'~ens Review Board against
the Iowa City Police Department. I understand that the Police Citizens Review Board will
not complete their investigation of my complaint filed on . I have
not been coerced or threatened by any person to withdraw this complaint. I knowingly
and voluntarily withdraw this complaint.
Complainant SignaturefDate
MEDIATOR REPORT ON UNSUCCESSFUL MEDIATION
Mediation of PCRB Complaint ~97 , filed on was unsuccessful
and the issues were not resolved in formal mediation between the complainant and the
officer(s) involved.
Mediator Signature/Date