HomeMy WebLinkAbout06-09-1998 Public ReportsPCRB PUBLIC REPORT TO THE CITY COUNCIL
Re: Investigation of Complaint PCRB98-8 I
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB98-8 (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 those findings 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 8-8-7B(2)a, b, and c.
BOARD'S PROCEDURE
On March 31, 1998, this Complaim 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 Police
Chief for investigation. The Chief completed his Report and submitted it to the Board on
April 30, 1998. 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 it,
without additional investigation by the Board. The Board met on May 12 and May 20,
1998, to consider the Report.
FINDINGS OF FACT
This Complaint is one of eleven filed in 1997 and 1998 by this complainant.
The complainant states that Officer 880919 gave the complainant's unlisted phone
number to a neighbor; that Officer 880919 contacted and harassed and questioned his
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employer about the complainant; and that Officer 880919 provided false information about
the complainant to his subsequent employer.
As a result, the complainant made the following allegations against Officer
880919: harassment, illegal investigation, and right to live in peace violated.
The investigation by the Chief included an interview with Officer 880919. Because
the complainant had requested that he not be contacted, the complainant was not
interviewed.
CONCLUSION
Allegation 1: Harassment. Officer 880919 denied giving the complainant's
telephone number to anyone. Officer 880919 also denied contacting either of the
complainant's employers. The Board finds that the conclusion in the Report regarding
Allegation 1, that Officer 880919 did not provide the complainant's telephone number to
the neighbor and did not contact either employer is supported by substantial evidence and
is not unreasonable, arbitrary or capricious. Accordingly, Allegation I is NOT
SUSTAINED.
Allegation 2: Illegal investigation. Officer 880919 denied contacting the
complainant's employer. The Board finds that the conclusion in the Report regarding
Allegation 2, that Officer 880919 did not contact the complainant's employer, is
supported by substantial evidence and is not unreasonable, arbitrary or capricious.
Accordingly, Allegation 2 is NOT SUSTAINED.
Allegation 3: Right to live in peace violated. The Board finds that the conclusion
in the Report regarding Allegation 3, that Officer 880919 did not interfere with the
complainant's ability to live in peace, is supported by substantial evidence and is not
unreasonable, arbitrary or capricious. Accordingly, Allegation 3 is NOT SUSTAINED.
DATED: May 20, 1998
PCRB PUBLIC REPORT TO THE CITY COUNCIL
IRe: Investigation of Complaint PCRB98-9 _~
This is the Report of the Police Citizens Review Board (the "Board") review of the
investigation of Complaint PCRB98-9 (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 those findings 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 8-8-7B(2)a, b, and c.
BOARD'S PROCEDURE
On April 1, 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 Police Chief
for investigation. The Chief completed his Report and submitted it to the Board on May
1, 1998. 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 it, without
additional investigation by the Board. The Board met on May 12 and May 20, 1998, to
consider the Report.
FINDINGS OF FACT
This Complaint is one of twelve filed in 1997 and 1998 by this complainant.
Charges were filed against the complainant after a review by the County
Attorney's Office of incidents reported to the Police Department. The charges were
subsequently incorporated into a single charge of harassment by the County Attorney's
Office. The charge was pending court action at the time of the Report.
The complainant states that Officers 770411, 880919, 780911, 670916, 950829,
and 950830 filed the charges against the complainant and that the officers knew the
charges were false and malicious. The complainant also states that the officers were
helping a neighbor and Officer 880919 to stalk the complainant.
As a result, the complainant made the following allegations against the officers:
police harassment and denial of right to live in peace.
The investigation by the Chief included interviews with the officers. Because the
complainant had requested that he not be contacted, the complainant was not interviewed.
CONCLUSION
Allegation 1: Police Harassment. The charges against the complainant were
reviewed by the County Attorney's Office before they were filed. All the officers involved
denied any knowledge that the charges were false or malicious. Officer 880919 denied
that he engaged in any conduct that could be viewed as stalking. The Board finds that the
conclusion in the Report regarding Allegation 1, that the officers named did not engage in
police harassment, is supported by substantial evidence and is not unreasonable, arbitrary
or capricious. Accordingly, Allegation 1 is NOT SUSTAINED
Allegation 2: Denial of right to live in peace. The Board finds that the conclusion
in the Report regarding allegation 2, that the complainant was not denied the right to live
in peace is supported by substantial evidence and is not unreasonable, arbitrary or
capricious. Accordingly, Allegation 2 is NOT SUSTAINED.
DATED: May 20, 1998
PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
PCRB Complaim 98-10, filed May 6, 1998, was summarily dismissed as required
by the City Code, Section 8-8-3 D and 8-8-3 E, requiring that the complaint must be filed
within sixty (60) days of the alleged misconduct.
DATED: May 20, 1998