HomeMy WebLinkAbout04-21-1998 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 Complaint PCRB 98-4 (the "Complaint").
B, QARD'S RESPONSIBILITY
If a complaint is fried 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. 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 ora 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... 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 recommend that the City Manager reverse or
modify his findings only if they are "unsupported by substantial evidence," are
''unreasonable, arhitra~y, or capricious," or are "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.
BOARD'S PROCEDURE
On February 17, 1998, this Complaint was received at the Office of the City Clerk·
As required by Section 8-8-5 of the City Code, the Complaint was referred to the City
Manager for investigation. The City Manager completed his Report and submitted it to
the Board on March 18, 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. The Board met on March 31, April 7, and
April 15, 1998 to consider the Report.
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FINDINGS OF FACT
This Complaint is one of seven filed in 1997 and 1998 by this complainant. The
complainant states that he does not want the police to be at his house.
In February 1998, the Police Department responded to a service call received at
approximately 11:30 a.m. The call concerned fishing line across the sidewalk and loosely
attached at a height of four to six inches above ground level to a chain link fence at the
residence of the complainant. The officers knocked at the door of the complainant's
residence and asked him and his wife to look at the line. The complainant tried
unsuccessfully to remove the line. The officers asked permission to cut the line, removed
it, and thanked the couple. The complainant told the officers that he had previously told
the Chief that he did not want any police officers on his property without a search warrant.
The officers told the complainant they were unaware of this and they left.
The investigation by the City Manager consisted of a review of the police incident
reports arid an interview with the Chie£ The City Manager addresses the following
allegation in his Report: The Police Chief participated in some manner in harassment of ~
the complainant.
CONCLUSION
Allegation: The Police Chief participated in some manner in harassment of the
complainant. The two police officers came to the complainant's home as the result ora
service call involving the complainant's property. A police officer attempting to contact a
person at home under such circumstances is not trespassing. There is no evidence or
allegation that the Police Chief was directly involved in the matter the complainant
described or had any contact with the complainant. There is no evidence of harassment.
Accordingly, the allegation is NOT SUSTAINED.
DATED: April 15, 1998
PCRB PUBLIC REPORT TO THE CITY COUNCIL
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB 95-5 (the "Complaint").
BOARD'S RE.S. PONSIBILITY
Ifa 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. 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") o£his investigation ora 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... 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 recommend that the City Manager reverse or
modi~ his findings only if they are '~unsupported by substantial evidence," are
"unreasonable, arbitrary, or capricious," or are "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.
BOA.11D'S PROCEDURE
On February 17, 1998, this Complaint was received at the Office of the City Clerk.
As required by Semion 8-8~5 of the City Code, the Complaint was referred to the City
Manager for investigation. The City Manager completed his Report and submitted it to
the Board on March 18, 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. The Board met on March 31, April 7, and
April 15, 1998 to consider the Repott.
FINDINGS OF FACT
This Complaint is one of eight filed in 1997 and 1998 by this complainant. The
complainant states that he does not want the police to be at his house.
In February 1998, at 8:30 p.m., police officers came to the home of the
complainant to obtain additional information for the County Attorney's Office concerning
a pending case. The complainant's wife informed the officers that she would provide
information to the county attorney, not to them, and the officers left.
The investigation by the City Manager consisted of an interview with the Chief.
The City Manager also reports that he offered to meet with the complainant but that the
complainant failed to respond. The City Manager addresses the following allegation in his
Report: The Police Chief participated in some manner in harassment of the complainant.
CONCLUSION
Allegation: The Police Chief participated in some manner in harassment of the
complainant. The officers came to the complainant's home to obtain information for a
case pend'mg with the County Attorney's Office. A police officer attempting to contact a
person at home under such circumstances is not trespassing. There is no evidence or
allegation that the Police Chief was directly involved in the matter the complainant
described or had any contact with the complainant. There is no evidence of harassment.
Accordingly, the allegation is NOT SUSTAINED.
DATED: April 18, 1998
PCRB PUBLIC REPORT TO THE CITY COUNCIL
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB 98-7 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is
to review the Police Chief's Report ("Report") of his investigation of a complaim against
an officer; and Section 8-8-2 J requires that the City Manager investigate the claim
asserted against the Police Chief and report to the Board and the City Council. Under the
City Code of the City of Iowa City, Section 8-8-7 B, the Board's job is to review the
Police Chief's and/or City Manager's Report (''Report") of the investigation ora
complaint. Section 8-8-7 B(2) of 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 Police Chief's or City's Manager's respective professional expertise." While the City
Code directs the Board to make "findings of fact," it also requires that the Board
recommend that the Police Chief or City Manager reverse or modify his findings only if
they are '~unsupported by substantial evidence,' are "unreasonable, arbitrary, or
capricious," or are "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.
BOARD~fi; PROCEDURE
On March 17, 1998, this Complaim was received at the Office of the City Clerk.
Because the Complaint concerned an officer and the Police Chief, copies of it were
referred to both the Police Chief and the City Manager for investigation, as required by
Section 8-8-5 of the City Code. The Chief completed his Report and submitted it to the
Board on March 31, 1998. The City Manager completed his Report and submitted it to
the Board on the same day. The Board voted to review the Complaint in accordance with
Section 8-8-7 B(1 )a, which means that it chose to review the matter on the record before
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it, without additional investigation. The Board met on March 31, April 7 and April 15,
1998 to consider both Reports.
FINDINGS OF FACT
This Complaint is one often filed in 1997 and 1998 by the complainant. The
complainant states that he does not want the police to contact him by telephone. He also
states that he previously conveyed this message in writing to the City Manager.
In March 1998, a police officer called the complainant's home and left a message
on the complainant's answering machine. The officer made this call in the course of
investigating an earlier complaint filed with the PCRB by this complainant.
The investigation by the Chief apparently consisted of a discussion with the officer
who left the message. The Chief addressed the following allegations in his Report:
1. The police have harassed the complainant.
2. The complainant is being denied his right to live in peace.
The investigation by the City Manager consisted of an interview with the officer
who left the message. The City Manager addressed the following allegation in his Report:
1. The police, through the officer who left the message, harassed the complainant.
CONCLUSION/The Chief's Report
Allegation 1: The police harassed the complainant. The officer left a message on
the complainant's answering machine in the course of investigating a previous complaint
filed by this complainant. This contact was made in accordance with City Code 8-8-5
B(4), requiring that complainants be interviewed during the investigation of complaints.
There is no evidence of harassment. Accordingly, the allegation is NOT SUSTAINED.
Allegation 2: The police are denying the Complainant his right to live in peace.
There is no evidence to sustain this allegation. Accordingly, the allegation is NOT
SUSTAINED.
CONCLUSION/The City Mananer's Rel~ort
Allegation 1: The police harassed the complainant. There is no evidence of police
harassment in the contact that is the subject of this allegation, either by the officer who left
the message or by the Police Chief. Accordingly, the allegation is NOT SUSTAINED.
DATED: April 15, 1998