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HomeMy WebLinkAbout05-12-1998 Public Reports PCRB PUBLIC REPORT TO THE CITY COUNCIL IRe: Investigation of Complaint PCRB98-6 J This is the Report of the Police Citizens Review Board (the "Board") review of the investigation of Complaint PCRB 98-6 (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 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 Police Chief'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 Police Chief reverse or modify his findings only if they are "unsupported by substamial evidence," are '~nreasonable, 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'S PROCEDURE On February 24, 1998, this Complaint was received in the office of the City Clerk. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Police Chief for investigation. The Chief completed his Report and submitted it to the Board on March 23, 1998. The Board voted to review the Complaint in accordance with Section 8-8-7 B(l)a, which means that it chose to review the matter on the record before it, without additional investigation, and in accordance with Section 8-8-7B(1)c, which means that it chose to interview the named officer The Board met on March 31, April 15 and April 21, 1998 to consider the Report. FllqDING$ OF FACT This Complaint is one of nine filed in 1997 and 1998 by this complainant. 2 The Complaint arises out of what appears to be an ongoing dispute between the complainant and a male neighbor. The neighbor called the Iowa City Police Department and said that the complainant had fbllowed him to his grandmother's house. Officer 830701 went to the scene and found that the complainant was driving past the grandmother's address, about twelve minutes after the initial call by the neighbor. The officer pulled the complainant's car over. The complainant denied doing anything wrong and said that the neighbor had spit on his windshield. The officer asked the complainant if he and his neighbor were involved in a relationship, apparently because the behavior of the complainant and the neighbor resembled behavior he associated with broken relationships. Officer 770411 learned that the complainant had been stopped and came to the scene to serve three misdemeanor citations on the complainant. No charges were filed against either the complainant or the neighbor arising out of this incident, though officer 830701 advised the complainant and his neighbor to stay away from each other. The complainant contends that there was no probable cause to stop his car, that the police did not pursue his complaint against the neighbor for spitting on his car, that the first officer at the scene called him a homosexual, and that he was harassed by the police. The Chief's investigation included review of the case report and review of interviews conducted with the two officers on the scene. CONCLUSION Allegation 1: The complainant alleges that the stop ofhis vehicle was without probable cause. The stop was, however, based on the neighbor's claim that the complainant was following him. Accordingly, the conclusion in the Report that the stop of the complainant's car was based on probable cause is supported by substantial evidence and is not unreasonable, arbitrary or capricious. This allegation is NOT SUSTAINED. Allegation 2: The complainant alleges that the officers' refusal to act on his complaint against his neighbor violated his rights. Officer 830701 did address the matter, but chose to handle it without recommending prosecution. In light of these facts, the Board finds that the conclusion in the Report regarding Allegation 2, that the officer did address the complainant's allegations against his neighbor, is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Accordingly, Allegation 2 of the Complaint is NOT SUSTAINED. Allegation 3: The complainant alleges that Officer 830701 called hima homosexual. The Chief's Report concluded that Officer 830701 did not call the complainant a homosexual and did not sustain the allegation. The officer did not call the complainant a homosexual. He did, however, inquire whether the complainant and his neighbor had been involved in a relationship. Had they been, certain other issues - whether there was a history of domestic violence or of an order of protection - might have become relevant. While the question might have been phrased more tactfully, the information sought was relevant and there was no evidence that it was asked with a discriminatory purpose. Accordingly, the Report's conclusion that Officer 830701 did not call the complainant a homosexual is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation 3 is NOT SUSTAINED. Allegation 4: The complainant alleges that in serving the misdemeanor citations on him, Officer 770411 harassed him. The Report's conclusion that Officer 77041 l's actions were part of his duties is supported by substantial evidence and is not unreasonable, arbitrary or capricious. Allegation 4 is NOT SUSTAINED. DATED: April 21, 1998