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HomeMy WebLinkAbout02-25-1998 ICPD Reports/Memos MEMORANDUM TO: PCRB Members FROM: R.J. Winkelhake, Chief of Police RE: CITIZEN COMPLAINTS DATE: February 17, 1998 During a recent meeting of the PCRB I understand some questions were raised about the Citizen Complaint Form utilized by the Iowa City Police Department. The Police Department had a citizen complaint form when I was appointed as Chief of Police in 1989. I replaced that form with a General Order. The General Order for Internal Affairs Investigations was issued September 22, 1992 with an effective date of October 1, 1992. The order not only consists of the citizen complaint form, but also contains the other forms necessary to complete an Internal Affairs Investigation. When a citizen contacts the department with a concern or complaint about an employee, the citizen is encouraged to speak with the employees immediate supervisor because past history clearly indicates most of the concerns or complaints can be effectively dealt with in that setting. The vast majority of citizen complaints are resolved by the supervisors, however, if the misunderstanding was created by a procedure, that information is given to the Division Commander. Corrective action is taken wherever possible and as quickly as possible. If the officer created the concern or complaint, the appropriate choice of action is to counsel the individual employee with regard to the proper future response and to make note of the counseling for review for evaluation of the employee. Other disciplinary action may be taken in view of the incident and the past history of the employee. If the citizen is not satisfied with the response of the supervisor, the citizen is then informed of the next opportunity to carry the complaint forward by one of the following two methods: · The first is to make out a citizen complaint form, which will result in an investigation by the police department. · The second method would be to file a complaint with the Police Citizen Review Board. It has always been my policy to deal with citizen complaints in an effective and timely fashion. The confidence in the departments' ability to investigate citizen's complaints is evident by the fact that the investigation of Police Citizen Review Board complaints is done under the same General Order used for the complaint lodged with the police department. The Police Citizen Review Board was not formulated to replace the citizen complaint procedures which the police department had in place. However, it does provide an additional avenue for citizens who did not feel comfortable coming into the police department with a concern about the police department. The PCRB process enables an individual to voice a complaint against a police department employee without contact with the police department, as well as providing a review of police inquiry if the citizen is not satisfied with the investigation completed by the department. The first choice is to utilize the department procedures because of the past overwhelming success and satisfaction of the process. However, the citizen is given the opportunity to utilize the PCRB at any time during the department process. I will be available for your February 25 meeting for clarification of these policies if you wish. CITIZEN COMPLAINT FORM IOWA CITY POUCE DEPARTMENT COMPLAINANT: DATE: ADDRESS: FI-lONE: OCCUPATION: AGE: SEX: PLACE OF WORK: DATE OF INCIDENT: TIME OF INCIDENT: LOCATION OF INCIDENT: WITNESSES TO INCIDENT: (Name, address, phone number) 1. 2. 3. DETAILS OF INCIDENT: (Who, what, when, where, how, why. If you don't know names, give descriptions, badge number, etc.) (Continue on other side) STATE CODE OF IOWA 718.6 False Reports to Law Enforcement Authorities A person who reports or causes to be reported false information to a fire department or a law enforcement authority, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor. I have written and/or read the complaint herein and swear or affirm it is true. Signature Date and Time Subscribed and sworn to before me this day of , 19 Notary lAIR Form I I request the following measures of relief be granted or corrective action taken by the Iowa City Police Department. lAIR Form 1 FOR STAFF USE: - ( Revised 10/97) DATE COMPLAINT TAKEN OR RECEIVED: CITY OF IOWA CITY Office of the City Clerk 410 E. Washington St. Iowa City, iowa 52240 319-356-5040 - FAX 319-356-5009 You must file your complaint in the office of the City Clerk, Civic Center, 410 E. Washington Street, Iowa City, Iowa or with the Iowa City Police Department, 410 E. Washington Street, Iowa City, Iowa within sixty (60) days of the alleged incident. If you do not, the PCRB will not be able to review your complaint. POLICE CITIZEN'S REVIEW BOARD CITIZEN'S COMPLAINT FORM Instruction (To be completed by an individual directly involved in or who witnessed the incident which is the subject of this complaint. If such individual is underage or otherwise unable to complete the complaint form, such individual's designated representative may complete and file the complaint form.) Identification. 1. Name Date of Birth Age __ 2. Residence Address Phone (City) (State) 3. Business Address Phone (City) (State) 4. Permanent (Family) Address Phone (City) (State) 5. Height Weight Eyes/Color Glasses Race Sex Hair (color, Length, style) Distinctive feature(s) Describe clothing worn at the time of the incident (be specific as to style and colors): Complaint No. Page of 6. To aid the PCRB in preparing its annual report to the City Council, which includes demographic information, the following information concerning classes protected under Iowa City's Human Rights Ordinance is requested. Providing the following information is voluntary. Age Color Gender Identity Mental Status Mental Disability National Origin Physical Disability Race Religion Sex Sexual Orientation Specifics of Incident 7. Location 8. Date Time a.m. / p.m. 9. Name(s) of Iowa City police officer(s) involved? If uncertain, describe police officer: 10. Badges visible? Badge Nos. NARRATIVE OF INCIDENT 11. Describe incident in full. Give specific times, dates, and location of police conversation and directions, nature and extent of alleged misconduct. Be sure to state how the incident began and concluded. (Use additional sheets as necessary.) Complaint No. Page__ of Complaint No. Page__ of 12. Was a person seamhed? __ Was a vehicle seamhed? __ Was a house seamhed? 13. If seamh was made, was it objected to? __ By whom? 14. Were there injuries? If yes, describe 15. Was a doctor seen? Doctor's name Was a release signed? 16. Was a hospital visited? Which hospital? May the PCRB see your medical records related to this incident? 17. Were you arrested and taken into custody? Was a citation issued? 18. What was charge at time of arrest? 19. Were you alone at time of incident? List witnesses (Name, address, and phone if known, or describe as best you can.) 20. Summary Allegation(s) of Primary Complaint(s) against Iowa City police officer(s): Complaint No. Page __ of 21. Summary Allegation(s) of Complaint(s) regarding Iowa City police policy and practice: 22. What would you consider to be a satisfactory disposition of this complaint? 23. How did you hear about the PCRB? 24. Have any of the following been contacted: Police Department? City Manager? City Council Member? Mayor? PCRB? Other? 25. When and what was the response? I hereby certify that, to the best of my knowledge, the statements made herein are true. Signature of Complainant Date THE POLICE CITIZEN REVIEW BOARD IS A PUBLIC AGENCY AND AS SUCH ITS RECORDS AND FILES, INCLUDING THIS COMPLAINT FORM, ARE OR MAY BECOME PUBLIC INFORMATION. NOTE: A copy of this complaint will be forwarded to the Police Chief, who will then investigate the allegations of misconduct against the officer(s) involved. You may be required to provide additional information to the Police Department and/or be interviewed to assist the Police Department in this investigation. However, you are entitled to have a non-police City staff person or another person chosen by you present during any interviews with police department personnel. You may also be requested to provide the PCRB with additional information and/or appear at hearings before the PCRB. [See attached summary of PCRB Complaint Review Process] AVAILABILITY OF MEDIATION Formal mediation is available at any time during the Police Department's investigation and the PCRB's review upon consent of the complainant(s) and the police officer(s) who are the subject of the complaint. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. police~pcrbform.doc SUMMARY OF PCRB COMPLAINT REVIEW PROCESS 1. Complaint is received by PCRB and forwarded to the Police Chief for internal affairs investigation. · The Police Chief must complete the internal affairs investigation and issue a report to the PCRB within thirty (30) days which explains why and the extent to which a complaint is "sustained" or "not sustained." This deadline may be extended, however, for good cause shown. · Copies of the Police Chief's Report will be sent to the complainant, the police officer(s), and the City Manager. 2. PCRB then reviews the Police Chief's Report and may request that the Police Department perform additional investigation or the PCRB may perform its own additional investigation. · The PCRB must issue its own report within thirty (30) days of receiving the Police Chief's report. This deadline may be extended by the City Council for good cause shown. NOTE: The City anticipates that the PCRB will not be able to begin its review of the Police Chief's report until after October 1, 1997. The PCRB ordinance was just recently enacted and Board members will not be appointed to the PCRB until August26, 1997. 3. PCRB may recommend that the Police Chief reverse the Police Chief's findings if the PCRB concludes such findings: · were unsupported by substantial evidence; · were unreasonable, arbitrary or capricious; or · were contrary to a Police Department policy or practice or an,/federal, state or local law. 4. The PCRB's Report will contain detailed findings of fact and a conclusion which explains why and the extent to which the complaint should be "sustained" or "not sustained". The PCRB may also suggest changes in police practice and procedures. · Copies of the PCRB's report will be sent to complainant, City Council, the police officer(s), and the City Manager. NOTE: The PRCB has only limited civil administrative reviews powers, and has no power or authority over criminal matters. The PCRB is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. Furthermore, only the Police Chief or the City Manager may impose discipline against a police officer under State law.