HomeMy WebLinkAbout04-07-1998 Public ReportsPCRB PUBLIC REPORT TO THE CiTY COUNCIL
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaim PCRB 98-3 (the '~2omplaim").
BOAR0'S I SrONS rrY
Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is
to review the City Manager'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 City Manager's respective
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 recoiihiiend that the City Manager
reverse or modify his findings only if they are "unsupported by substantial evidence," are
"unreasonable, arbitrary, or capricious," or "contrary to a Police Department policy or
practice or any Federal, State, or local law." Sections 8-8-7 B(2)a, b, and c. If a
complaint is filed against the Police Chief, Section 8-8-2 J requires that the City Manager
investigate the claim and report to the Board and the City Council.
BOARO's rgOCt o!Ja
On February 2, 1998, this Complaint was received at the Office of the City Clerk.
As required by Section 8-8-5 of the City Code, the Complaim was referred to the City
Manager for investigation. The City Manager completed his Report and submitted it to
the Board on March 3, 1998. The Board voted to review the Complaint in compliance
with Section 8-8-7 B(1)a, which means that it chose to review the matter on the record
before it, without additional investigation by the Board. The Board met on March 13 and
31, 1998 to consider the Report.
2
This Complaint is one of six filed in 1997 and 1998 by this complainant.
The Complainant states that he addressed a letter to the Police Chief requesting
that police not be sent to his home without an arrest warrant or a request from a resident
of his home. He states that he gave the letter to the Administrative Assistant to the City
Manager.
In January 1998, a police officer was dispatched to the complainant's residence,
apparently in response to a service earl from a neighbor. As a result, the complainant
made the following allegations against the Police Chief: trespassing, police harassment,
and denial of human fights.
The investigation by the City Manager included a review of the complaint form and
interviews with the Administrative Assistant to the City Manager and the Police Chief,
The City Manager addressed the following allegations in the Report:
1. Failure to forward and respond to written correspondence.
2. Trespassing.
3. Damage to the front door of complainant.
4. Harassment.
5. Denial of human rights.
CONCLUSION
Allegation 1: Fail~'¢ to forward and respond to written correspondence. The
Administrative Assistant to the City Manager did recall speaking with the complainant, but
did not recall receiving a letter from him. There is apparently no record of a letter being
received or passed on to the Police Chiff.
The Board finds that the conclusion in the report regarding Allegation 1, that
neither the Administrative Assistant to the City Manager nor the Police Chief received the
specified correspondence from the complainant, is supported by substantial evidence and
is not unreasonable, arbitrary or capricious. Accordingly, Allegation 1 is NOT
SUSTAINED.
3
Allegation 2: Trespassing. There is no evidence or allegation that the Police Chief
was present at or trespassed on the complainant's property. A police officer attempting
to contact a person at home as a result of a service call involving that person is not
trespassing.
The Board finds that the conclusion of the Report, that no trespassing occurred~ is
~pported by substantial evidence and is not unreasonable, arbitrary or capricious.
Accordingly, allegation 2 is NOT SUSTAINED.
Allegation 3: Damag~ tO the .fxont door ofth~ complainant, It appears to the
Board that the allegation of damage refers to a previous complaint and was addressed in a
previous PCRB report. Accordingly, Allegation 3 is NOT SUSTAINED.
Allegation 4: Police Harassment. There is no evidence or allegation that the Police
Chief was directly involved in the matter deserihed by the complainant or had any contact
with him. There is no evidence of harassment. Accordingly, Allegation 4 is NOT
SUSTAINED.
~Alleg~tion 5: Denial of human rights. The Board finds no evidence that the
complalnam's human rights were denied. Accordingly, Allegation $ is NOT
SUSTAINED.
Dated: April 2, 1998