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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 2 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