HomeMy WebLinkAbout06-25-1998 CommunicationMEMORANDUM
to: Police Citizens Review Board
from: Douglas S. Russell
subject: Miscellaneous issues
date: June I0, 1998 (as revised)
At the meeting of May 20, 1998 the Board asked for information or analysis of the
following:
1 .) The timeliness of a complaint. Section 8-8-3D. Provides "All complaints must
be filed with either the Board or the Iowa City Police Department within sixty (60) days of the
alleged misconduct." The question is whether the day of the alleged misconduct counts as day
one for determination of the sixty day period. Computing of time in Iowa law is covered by
Section 4.1(34), the Code of Iowa. Nothing in the Iowa City Code contradicts the State Code
which should be used as our guide.
The date of the alleged misconduct should not be counted as a day. Day one
would be the day following the alleged misconduct. Day sixty would be the sixtieth day
following the alleged misconduct. This way the complainant will have the benefit of sixty
twenty-four hour periods and there will be no assertion that complainant did not receive sixty full
days. In addition, if the sixtieth day falls on a Saturday, a Sunday or a specified Monday holiday
during which City offices are closed, the time shall be extended to include the next day which the
office of the PCRB or clerk is open to receive a complaint.
2.) Procedure for complaints filed after sixty days.
A.) It is my recommendation that a complaint received after sixty days should
be assigned a complaint number by the staff and placed on the next meeting
agenda for discussion. It should be sent to the Police Chief or City Manager at
that time with a cover letter indicating that it appears to be an untimely complaint
and will be reviewed by the Board at its next regular or special meeting. This way
the Chief or City Manager will be able to deal with the allegation promptly,
regardless of the Board's eventual decision about dismissal.
B.) A copy of the apparently untimely complaint should be provided to each
Board member in the next meeting packet. Notice should be given to the
complainant that the complaint will be on the next meeting agenda giving him or
her an opportunity to be heard on the issue of whether the complaint was timely
filed. At the meeting at which the complaint is considered, the Board should by
motion and vote determine whether the complaint will be dismissed under
Section 8-8-3D.
Police Citizens Review Board
Page 2
June 10, 1998
C.) If the Board decides to dismiss the complaint as untimely, the staff should
forward a copy of the decision to the Police Chief or the City Manager and also to
the complainant. The copy of the complaint going to the Chief or the City
Manager should state that the complaint has been dismissed as untimely and that
a report to the Board by the Chief or City Manager is not required by Chapter
Eight of the City Code. If the Board requests an investigation to be done anyway,
it may do so but the Chief or City Manager has no obligation to investigate the
lnatter. The copy of the decision sent to the complainant should include a cover
letter advising that although the complaint as been determined to be untimely and
will not be reviewed by the PCRB, there is a method for the complainant to file a
complaint directly with the Iowa City Police Department that is still available
should he or she wish to pursue the matter.
D.) If the Board determines that the complaint is timely and should not be
dismissed it should so advise the Police Chief or City Manager so they may
continue their investigation and make their required report to the PCRB.
3.) Language of the PCRB complaint form. The present complaint form includes the
following language in bold print, "The Police Citizen Review Board is a public agency and as
such its records and files, including this complaint form, are or may become public information".
I view that this is an advisory to the complainant that the information placed on the form may
become public information at some time. The purpose of the language is not to reassure the
complainant that the Board will keep the complaint confidential. Having said this, the by-laws in
Section VII(1)(a) require the Board to keep complaints and documents relating to investigation of
complaints as closed records.
If the Board wants to change the language on the complaint form, I propose you consider
the following, "The Police Citizens Review Board is a public agency and as such its records and
files including this complaint form, may become public information. The Board makes every
effort to keep the complaints, reports of investigations, statements and other documents or
records obtained in investigating a complaint as confidential, closed records. However, results of
the investigation are included in a public report made to the Iowa City Council. In addition,
certain documents of the Board may become public records because of the actions of others
including a complainant, an officer complained of, or a party who seeks to obtain our records in
the context of litigation".
' 32..State., The word "state", vJhen'[tpplied to . ,i d b. ~ A rfibber stamp reproducti0n of the name or
the different parts of the United States,.includes ' ' facsimile ofth~ actual signature when adopted by
the District of Columbia and the territories, and the person with a disability for all purposes requir-
the words "United States!'may include the said dis- ' lng a signature and then only when affixed by that
trict and territories. ! ........ ,:.m :~:: 15erson or another upon request and in the pres-
,, 33., ~'Tense.'! Words in the present tense incldde once of the person with a disability. ."*-
thefuture..; ~ ~.~:.~,' , ::: , ,. .i,i~ ,~ . 40. The Word '~year' means twelve corisecu~ive
In
months. ~ ~;' ~'" ' ' ·
34.: Time --.ldgal holidays..', computing[
~ime;
st day shall be excluded and the last in- ~., .[C51; 826, 2513; R60, 829, 4121, d 123, 4124; C73,
thefthr §45; C97, §48; C24; 27, 31; 35; 39; §63; C46, 50, 54,
cluded, un ess the last falls on Sur/day,.in which
case the time prescribed shall be extended so as to 58, 62, 66, 71, 73, 75, 77, 79, 81, 8d.1] '; ' '~'"
include the whole of the following Monday. How- '" 83 Acts, 'ch'186, §100021 10201;'87 Acts,'ch 115,
ever, when by the provisions of a statute or role §3; 92 Adts,~ch 1.151/§1; 93 Acts, ch 9, 81; 95 Acts,'
prescribed under authority of a statute, the last ch ?3 §~ 96 A,cts, ch 1129, 81; 96 Ac?,s, ~:h ~1~3, §~1
day for the commencement of an action or proceed- ~ slmil~r provision on population, ~9F.6 "
ings, the filing of a pleading or motion in a pending , Tran~itlon proviaiohe for court reorganization in err[cie 11. chapter 602
action or proceedings, or the perfecting or filing of ror,,e~ ,ubecctlon 15 .mended ,nd renumber'o~'es 21~[ I '.' ·
an appeal fram the decision or award of a court, ., . .. ,. ~ ,., ,"." ;' · ' ;~' TM
board, commission, or official falls on a Saturday, : 4~2 Com~o~'law"rule'of c'0n~tructlon, i'
a Sunday, a day on which the office of the clerk of The rule of the common law, that statutes in der-
the district court is closed in whole or in part pur- ogation thereof are to be strictly construed, has no
suant to the authority of the supreme court, the application to this Code. Its provisions and all pro-
first day of January, the third Monday in January, ceedings under it shall be liberally construed with
the twelfth day of February, the third,Monday in a view to promote its objects and assist the parties
February, the last Monday in May, the fourth day in obtaining justice. , . I ': ;[ ,,! ~1 ,
of July, the first Monday in September, the dew [C51,§2503;R60,§2622;C73,§2528;C97,§3446;
enth day of November, the fourth Thursday in No- C24, 27, 31, 35, 39, §64; C46, 50, 54, 58, 62, 66, 71,
vember, the twenty-fifth day of December, and the 73, 75, 77, 79, 81, §4.2] . , -. ~ ~, ·
following Monday when any of the foregoing '. .
named legal holidays fallon a Sunday, and any day ' 4.3 : References to other statutes. ' "'
appointed or recommended by the governor of Iowa Any statute wh ch adopts by reference the who e
or the president of the United States as a day of or a portion ofanothe? statute pf th[{ state shall be
fasting or thanksgiving, the time shall be extended .construed to inqlt~de subs?quent .amendments of
to include the next day which the office of the clerk the statu~ or the portion thereof so adopted by re[-
of the court or the office of the board, commlasion, erence unless a contra[y intent is expressed ,~ "l
or official js open to receive the filing of a corn- [C58, 62, 66, 7i, 73, ~5, 77,,79, 81, §4.31 , ; ~
mencementofanaction;pleadingor,a motion in a [ ~. ~ i., ",
pending action or proceeding, or.the perfect, ing or / 4.4 Presumption of ehaetment.'
filing of,,an appeal. ,. ~., ...... ~ .~,,.~ ~ ~ In enacting a statute, it is presumed that:. '
~ 35.~ United States~includes all the states. I ~ 1. Compliance with the Constitutions of the
36. :The word "week" means seven conap/cut[ye state and of the United States is intended. ,
days .... ~ ., .': : ~ ,: ,,~,. t:. ,,,,~ :2~:,Theentirestatuteisintendedtobeeffective.
, 37. Will. The word "will" ncludes cod cls , .,.13.,t A just and reasonable result is intended
38. Words.and phrases. ,Words and phrases 4. A result feasible of execution is intended,:.
shall be construed according to the context and the 5. Pub c interes~ is favored over any private
approved usage of the language; but technical interest.
words and phrases, and such others as may have [C73, 75, 77, 79, 81, §4.4]
acquired a peculiar and appropriate meaning in
law, shall be construed according to such meaning. 4.5 Prospective statutes.
39. Written -- in writing -- signature. The A statute is presumed to be prospective in its op-
words "written" and "in writing" may include any eration unless expressly made retrospective.
mode of representing words or letters in general [C73, 75, 77, 79, 81, 84.5]
use. A signature, when required by Iaw, must be
made by the writing or markings of the person 4,6 Ambiguous statutes -- interpretation.
whose signature is required. If a person is unable Ifa sthtute is ambiguous, the court, in determin-
due to a physical disability to make a written slg- lng the intention of the legislature, may consider
nature or mark, that person may substitute either among other matters:
of the following in lieu of a signature required by 1. The object sought to be attained.
law: 2. The circumstances under which the statute
a. The name of the person with a disability was enacted.
written by another upon the request and in the 3. The leglslative history.
presence of the person with a disability. 4. The common law or former statutory provi-
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
FOR IMMEDIATE RELEASE CONTACT:
June 1 9, 1998 City Clerk
356-5041
Iowa City Police Citizen Review Board Plans Forum
The Iowa City Police Citizen Review Board (PCRB) plans a Community
Forum to receive community input regarding the Iowa City Police
Department's policies, procedures and practices.
The Forum will be held on Monday, June 29, 1 998, at 7:00 P.M.,
Iowa City Public Library, Room A.
Paul Hoffe¥, Chair of the five-member PCRB, said "We want to learn if
the Iowa City Police Department's performance is in keeping with community
standards, and we believe we can best do this by listening to what our
citizens have to say." In addition to reviewing investigations of complaints
about the police, the Board is also directed to review police practices,
procedures and written policies.
Issues raised at the Forum may become agenda items for further
public input and discussion at regularly scheduled monthly PCRB meeting. It
will then be the responsibility of the Board to make appropriate
recommendations to the City Council.
IOWA CITY POLICE DEPARTMENT
¢10 EAST WASHINGTON ~REET, IOWA CITY, IOWA 52240
C319) 356-s275 · FAX # (319) 356-5449
Media Release
06/18/98
7:14 AM
In an effort to find out how better the Iowa City Police Department can serve the
community a survey was distributed the first week in June. Officers delivered the surveys
to homes, businesses and handed them out at neighborhood watch meetings. The
residents and businesses of 8 randomly selected neighborhoods were asked to complete a
questionnaire and mail it back to the police department. There were three questions on
the surveys;
· Regarding you geographic neighborhood, what do you feel are the concerns the Iowa
City Police Department should be addressing7 (List in order of importance.)
· How could the police depa,h.ent better serve the community?
· What message would you like the police department to hear?
Approximately 20 % of the surveys were returned to the police department. The returns
were summarized and distributed to each of the Watch Commanders. The Watch
Commanders will make the results available for officers to review.
Summaries of the survey for media personnel are available upon request fi.om Sgt. Steffen.
Sgt. Jim Steffen.
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
OAKLAND AVENUE
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Report of drug dealers living and selling drugs in the Longfellow School area. A
problem already known to Police -- out of concern it is disconcerting to have such
criminals nearby.
Too many stop signs placed just to discourage people from other neighborhoods
from driving through here, especially the two on Sheridan at the comer of
Oakland, which are often ignored and thereby increase risk to cars and
pedestrians. Lowering the speed limit to 20 miles per hour and putting up school
crossing signs would be more effective and would decrease pollution from cars.
I am a senior citizen, live independently, have wonderful neighbors and feel quite
safe in this environment, of course can not predict the future or even tomorrow.
Safety and protection of children in the area and Longfellow School area are
always a concern of mine, and the same concern for elderly and the less
fortunate, ie disabled.
How could the police department better serve the community?
More frequent neighborhood patrols.
Monitoring Sycamore Mall after shops close there, as well as other large
shopping areas at night, even if private lots. (I felt very insecure at the Mall when
I saw the kind of men hanging around there the few times I was there. I
hesitated to go to my car until I felt it safe to do so.)
Having better lane markings on dark stretches toward Wal-Mart, Burlington east
of Riverside, Mormon Trek North fi:om Melrose. Often cracks in cement are only
guidelines. College Street between Linn & Gilbert should be parallel parking on
both sides.
It would be helpful for senior women, especially to have suggestions on how to
cope with intruders once inside one's house and how to cope with repairmen
there to make repairs, but who stealthily enter closed rooms and areas where
they have no right to be. I find repairmen are very impertinent today and insist on
doing what and going where they choose regardless of what they are told. Some
are brazen thieves. They could become dangerous if challenged.
I have been extremely busy with urgent matters. This is a tardy reply. Is the
south end of Maggard Street the location of a drug dealer's place of bus~-ess? ~c~
passerby mentioned it.
I realize the traffic and road marking matters are not strictly a police matter to
solve, but become one when there are accidents. Some areas mentioned may
have had some improvements made since I drove through them. They are
especially bad on dark rainy nights.
The only suggestions I have at this time would be to see more police visibility in
the area, to give children the impression of support from the police department. I
fully realize there are neighborhood areas requiring more patrolling than the
Oakland Avenue area, however, visibility is important. I certainly have no
complaints regarding police service and protection.
What message would you like the police department to hear?
Generally the Iowa City Police Department is conscientious and responsive. I
appreciated their attention when I had problems.
Compassion and let people know you care about them.
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
1400 block Prairie Du Chien Road
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Wants a stop light at Dodge / Prairie Du Chien Road
Speeding cars
Door to door solicitors
No newsletter in quite some time
Speeding on Prairie Du Chien Road
How could the police department better serve the community?
Appreciate newsletter - likes hearing about scams - likes the visibility of patrol
cars in the area.
Try to stop and talk to the children so they know you are there to always help
them - they are our future (from an 80 year old).
What message would you like the police department to hear?
Thanks for the survey. Keep attention focused on gangs, feels aggressive acts
may reduce future problems.
I think the department is doing a very good job. I know it is sometimes very
difficult.
They are doing an OK job.
iOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
ABBEY LANE
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
I would say there are no urgent concerns. So far it has been a quiet
neighborhood. The houses and lawns are well kept. Perhaps the sidewalks
should be checked for those sections which have raised or sunk.
New street light on Abbey was really needed. Burry is till a very dark street.
Street lights are too far apart. Neighbors need to clip back of their trees better.
Drivers (especially teenagers) speeding in the neighborhood.
Drivers fail to stop at intersection of Dolan/Abbey - many children plan in or near
these streets.
Cars block fire hydrant access (2331 Abbey).
Cars frequently run stop at West High School exit (Melrose).
Speed of cars on neighboring streets
Monitor park areas.
Monitor for speeding on traffic.
Extra patrol reference patrol from Dolan Place. ~- ~ "il
I live in a safe neighborhood. I am happy with the protection and presenC~s~ee_~
with the Iowa City Police Department.
ighte eat light
gr r and more str s. -~." --~ :,
How could the police department better serve the community?
I think regular patrol checks through the area, at different times during the day
and night, would be helpful.
Why don't police use stun guns or tranquilizer bullets instead cf lethal bullets?
I'm afraid that someone I know and love will be accidentally shot. I'm afraid that
gangs are unstoppable.
More patrolling of neigh.borhoods. In one year at current address, I have seen
one patrol car on one occasion.
Random checkpoints to identify DUI's.
Intentionally drive through our neighborhoods.
The drug/gang element downtown worries me. I aisc think some people hesitate
to go downtown because they don't like the look of some folks on the pad mall.
Can anyone sing and ask for $'s in the mall?
Be more visible, patrol neighborhood areas as much as possible, more
policemen if necessary.
More Neighborhood Watch Newsletters * current about 2 per year. Would like
more like 4 per year.
06/23/98
Oon't know who to call when they see graffiti. Walking bridge over Riverside &
Newton on the bridge abutment - graffiti has been there for years - Who's
responsible for getting rid of it. Aisc the electrical pole on Mormon Trek & Benton
seems to have a lot, but I don't know who to call.
What message would you like the police department to hear?
When the development on Mormon Trek is more nearly completed, I think there
will be traffic problems resulting. This is especially true since Mormon Trek
changes from four lanes to two shortly after the intersection with Abbey Lane. I
think the Police Department should use it's influence to get Mormon Trek four-
lane all the way to Highway 1. Eventually also, a traffic light will be needed at
Mormon Trek and Abbey Lane.
Think you're doing a great job! I've been stopped enough as a driver that I feel
your presence everywhere! If you stop everyone as much as you've stopped me,
you are really busy.
Continue to police bars, etc.
Protect pedestrians downtown.
Enforce speed limits, etc. in residential neighborhoods.
Great job at controlling cdme in general - Thanks!
Doing a good job. Please continue minimal use of force-guns. Concentrate on
neighborhoods with problems and downtown areas.
Don't worry - be happy. I think you do well. I'm sorry you don't get the positives
you deserve.
Very happy with the Police Department. Should tdple in size. Son just finished
driver's ed and they all talk about not driving through University Heights because
of speeding tickets. Wouldn't it be nice if Iowa City had enough police that the
kids would say that about our department.
06/23/98
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
TAYLOR DRIVE
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Drugs
Loud stereo's in automobiles
How could the police department better serve the community?
Sounds to us (wife and me) that you are now on the dght track on the Taylor
Drive and Broadway situation
What message would you like the police department to hear?
There should be more of you on the streets of Iowa City. Forget the library
expansion and hire more cops.
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
N. MT. VERNON DRIVE
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Very satisfied - Quiet neighborhood
Speeding traffic
Speeding that occurs after school. Mt. Vernon Drive is a very wide street and a
bus route. It seems to draw speeders from Washington to Rochester Avenue.
Also, no one seems to obey the stop signs on Princeton at Mt. Vernon Drive in
either direction.
Quick response to emergency
The only problem I really see is every school day when City High gets out, are
the teenagers speeding down E. Washington from 1st Avenue.
Speeding on Washington Street (east of 1st Avenue)
Safety issues on First Avenue - so many children bike (drivers' courtesy to
bicyclists)
Bike patrol downtown Ped Mall a great idea - courteous (I've watched them
interact with groups of kids)
Safety issues at high school & junior high
Speeding & Teen parties - neither is a sedous problem in this neighborh~d at
this time.
Drag racing/speeding on Washington Street hills
Loud stereo music
Dogs left out all day that bark all day.
Speeding o ~. _
Failure to stop at stop signs
Regular neighborhood patrols, espbcially late in the evening.
Offer neighborhood seminars on various aspects of crime prevention and
schedule them at the Rec Center or some place where there will be enough room
to accommodate larger groups.
How could the po//ce department better serve the community?
Patrol area more often
Officers in patrol cars look unfriendly
Routine presence in area
Place increased resources to control gangs involved in crime and drug
distribution
Outreach programs for kids and parents - issues of civility, mutual respect
Neighborhood beat - familiar faces, like in the old days, conversations
Neighborhood "town meetings" - communication of issues and solutions
Community Policing - continue developing rapport, especially in specific hot spot
areas, such as SE (Broadway) area, downtown
Doing a good job already
Continue to work on improving community visibility.
Work with 131C to increase emphasis on bicycle safety.
What message would you like the police department to hear?
Seems to be more young children in neighborhood so speeders present larger
problem. Overall very happy with Police Department.
I would like to be able to approach an officer without being intimidated. I haven't
had to do this, but would like to know it's possible.
Each officer act as if a member of the community look and act friendly. Citizens
and police are not enemies, yet I believe some police feel it's "us against the
public".
All things considered, I think they're doing a good job.
We appreciate you and want to work with you for the benefit of all.
The changes you have instituted are the right ones - just need to continue.
They are appreciated for all the good that they do for our community.
You're doing a good job and we appreciate your efforts!
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
BANCROFT
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Gang related activities
Drug trafficking
Gun control
Drug trafficking / weapon availability
Gang activity and potential for violence
Speeding traffic .
How could the police department better serve the community?
By explaining their force in order to provide more constant and dependable
protection. Providing information to our neighborhood that insures our safety, as
well as aids us in helping remove the problem citizens.
Have more police for continued visibility and frequent patrolling in neighborhood.
What message would you like the police department to hear?
Help us get rid of the gang members and drug users and sellers in our area!!!
The neighborhood around Taylor - Davis - Sandusky continues to deteriorate.
Although with increased patrols has at least temporarily quieted. In the past this
was a quiet family neighborhood. Now there is visible drug activity, loitering,
unkept property, group activity at Wetherby Park and lots of cruising sometimes
at high rates of speed. It is rumored that there are high volumes of
guns/weapons on Davis Street. Fo~' the first time in over 20 years I have lived
here, I fear for the safety of children and adults alike. I would like to see the
police stay very visible in this area, enough that patrol officers are known to the
children and families that live here.
iOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
MIAMI DRIVE
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Gangs - members, violence, graffiti (By the way -- it's the foolish who say the
extra-length patrolling after the gang problems around Taylor and Broadway was
a waste and unnecessary. The majority appreciated knowing they were
protected and looked after.
Increase in gangs
Drug availability
Speeders - noisy cars
Street storage - parking
How could the police department better serve the community?
Don't back down (or look like it) to minority voices such as homosexuals, animal
rights groups, angry fathers, etc. Being too polite can be misconstrued as
backing them or being bullied.
What message would you like the police department to hear?
I wish the media would stop giving the PD such a poor image. I guess that's
what happens when society as a whole refuses to submit to authority. Also, on a
totally different subject, DARE is blown way out of proportion. The department
spends and has spent enormous, unsolicited funds to create a project that tickles
ears and given warm fuzzies. I'm n.ot saying "ditch" the whole thing; just a major
down scale to eliminate excess spending, i.e., overtime pay for officers, pizza
parties, pencils (junk), renting rooms, etc.
Personally, I think $20/hr (or however much they make) is a little too high of pay
for an officer to stand at a school crossing.
Doing a good job.
IOWA CITY POLICE DEPARTMENT NEIGHBORHOOD SURVEY
UNKNOWN WHICH LOCATION
Regarding your geographic neighborhood, what do you feel are the
concerns the Iowa City Police Department should be addressing? (List in
order of importance)
Roaming bands of youth with seemingly nothing to do.
Stopping youths from urinating on my bushes
Cars speeding down the street
Safety and security
How could the police department better serve the community?
Get out of the patrol cars once in a while
Be more visable in the neighborhood
Please continue to patrol any and all areas that seem necessary. Enforce the
laws and regulations on the downtown plaza and surrounding area so it is safe
and enjoyable for the Iowa City residents. I can appreciate the bicyclists wishing
to have the motorists' respect their use of the public streets. Likewise, they
should respect the motorists and obey the same traffic laws.
What message would you like the police department to hear?
The department from top to bottom needs more training. Raise requirements for
entry and retention.
We have no criticism of the Iowa C~y Police Department.
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
The PCRB was established to advise the Police Chief, City
Manager and City Council on matters pe~aining to the poficies,
practices and overall performance of the Iowa City Police
Department. It was further created to review invesligetions
into compiein~s of police misconduct to insure that such
investigations are conducted in s manner which is fair, thorough,
end accurate. To achieve this purpose, the PCR8 shall comply
with Chapter 8 of the Iowa City Code, the Iowa City Police
Citizens Review Board By-Laws, end the Police Citizens Review
Board Stenderd Operating Procedures and Guidelines.
PCRB SOP 7~24~98
TABLE OF CONTENTS
I. Complaint Process
II. Formal Mediation Guidelines and Procedures
III. Meetings
IV. Conflict of Interest
V. Review Process
VI, Review of Policies, Procedures and Practices of the Iowa City Police
Depa~iment
VII. Community Forum/Public Hearings
VIII. Annual Report
IX. General
X. Appendix
1. Ordinance No. 97-3791
2. Iowa City City Code, Chapter 8, Police Citizens Review Board
3. Iowa City Police Citizens Review Board By-Laws
Police Citizens Review Board Complaint Form
5. Standard Operating Procedures:
a. Procedure for complaints filed after 60 days (I.D)
(1) Form letters
b. Mediation (11)
(1) Form letters
(2) Mediation Packet
c. Review Process (V)
(1) Name-clearing forms
d. Community Forum/Public Hearings
(1) Sample documents
{a) Letter
(b) Notice
(c) Press Release
PCRB SOP 7124/98
I. Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police
Department's performance is in keeping with community standards, the
PCRB shall review investigations into complaints of police misconduct to
insure that such investigations are conducted in a manner which is fair,
thorough and accurate. The PCRB shall achieve this by receiving, reviewing
and reporting on citizen complaints in accordance with the procedural rules
in Chapter 8 of the City Code and following the Police Citizens Review Board
By-Laws, Article VIII, and the Board's Standard Operating Procedures and
Guidelines.
A. Complaints filed with the PCRB shall be in writing and on PCRB
complaint forms. (8-8-3 C of the City Code) Original documents
filed with the board shall not be returned.
B. Complaints shall be filed in City Clerk's Office (8-8-7A of the
City Code)
1. Shall be stamped with date and "Confidential;"
2. Shall be assigned a complaint number consisting of the
last two digits of the present year with consecutive
numbers, starting with one (1) (e.g. 98-1); A complaint
that appears to be untimely filed or otherwise deficient
shall be assigned a number in the ordinary manner;
3. Furnish a copy of the original to the Police Chief or City
Manager;
4. Delete all references to police officer names on the copy
to be distributed to the board, which will be mailed with
the next meeting packet.
C. Complaints must be filed within sixty (60) days of the alleged
misconduct (8-8-3 D, City Code). Complaints which are not
filed within the 60 days may be subject to summary dismissal
(8-8-3 E, City Code).
D. Procedure for complaints filed after sixty days
1. Follow 1-4 of I.B of PCRB Standard Operating Procedures
and Guidelines;
PCRB SOP 7/24/98 - I
2. Furnish a copy of the complaint to the Police Chief or
City Manager, with a cover letter indicating that it
appears to be an untimely complaint and will be reviewed
by the Board at its next regular or special meeting. (A
form letter to this effect is attached.)
3. A copy of the apparent untimely complaint shall be
provided to board members in the next meeting packet;
4. Notice shall be given to the complainant that the
complaint will be on the next meeting agenda, giving the
complainant an opportunity to be heard on the issue of
whether the complaint was timely filed;
§. At the meeting at which the complaint is considered, the
board shall, by motion in open sesaion, vote to determine
whether the complaint will be dismissed under Section 8-
8-3 D of the statute;
6. If the Board dismisses the complaint as untimely, the
staff shall forward a copy of the deciaion to the Police
Chief or the City Manager and also to the complainant.
a. The copy going to the Chief or City Manager shall
state that the complaint has been dismissed as
untimely and that a report to the board by the
Chief or City Manager is not required by Chapter 8
of the Code.
(1) If the board requests an investigation be
done anyway, it may do so, but the Chief or
City Manager has no obligation to
investigate the matter.
b. The copy of the decision sent to the complainant
shall include a cover letter (form attached) adviaing
that although the complaint has been determined
to be untimely and will not be reviewed by the
PCRB, there is a method for the complainant to file
a complaint directly with the Iowa City Police
Department that is still available should the
complainant wish to pursue the matter.
?. If the Board determines the complaint is timely and shall
not be dismissed, it shall so advise the Police Chief or
City Manager so they may continue their investigation
and make their required report to the PCRB.
E. All information, records and proceedings with respect to PCRB
complaints shall be deemed confidential. (PCRB By-Laws, Article
VII, Section 1; City Code, 8-8-9).
PCRB SOP 7/24/98 - 2
F. Amendments to a complaint must be in written form.
G. A complainant may withdraw from the PCRB complaint process
at any point in the proceedings by submitting to the board a
written, dated and signed notice of withdrawal.
PCRB SOP 7/24/98 - 3
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method
to facilitate a successful resolution of the issues involved in a complaint.
The PCRB shall accomplish this responsibility by complying with 8-8-2 H, 8-
8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for
Formal Mediation, approved by the City Council on 3/10/98 and made a part
hereof.
A. Requests for mediation, by either the complainant or the police
officer, can be made at any time during the review process.
Mediation will proceed as promptly as possible.
B. Mediation may proceed only upon written agreement of all
parties.
C. Once an interest in formal mediation is expressed, the
complainant shall be provided with a list of approved mediators
to select from. Every effort will be made by the PCRB staff to
arrange for the selected mediator. If, however, that is not
possible, then the PCRB staff will discuss another possibility
with the parties.
D. Formal mediation arrangements will be handled by PCRB staff.
E. Mediation shall be conducted at no cost to the parties by a
trained mediator authorized by the PCRB.
F. Mediators shall conduct mediation sessions at times and in
places agreed to by the parties.
G. Matters discussed in mediation sessions shall be confidential.
H. Statements and records disclosed during mediation may not be
used or introduced in evidence during any legal proceeding or
PCRB investigation.
I. If mediation is successful in resolving the complaint, the
mediator shall inform the PCRB in writing, and the complainant
shall withdraw his/her PCRB complaint.
PCRB SOP 7/24/98 - 4
J. If mediation fails to resolve the complaint, the mediator shall
inform the PCRB in writing, and the review of the complaint
shall proceed as though mediation did not occur.
K. Mediation does not 'stop the clock" in the normal complaint
process, but extensions based on mediation can be sought
through the City Council.
L. Only parties named in the complaint can participate in
mediation. Others may be present if all parties agree.
PCRB SOP 7/24/98 - 5
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by
the Chair as needed. The Board shall comply with Article V of the PCRB By-
Laws and the PCRB Standard Operating Procedures and Guidelines.
A. Meeting packets shall be mailed at least two (2) days prior to a
meeting when possible;
B. Notice of meetings shall be posted at least twenty-four (24)
hours prior to a meeting;
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and/or memoranda directed to the PCRB
(not complaint-related) - Staff shall be given directions
based on board discussion whether staff shall respond or
whether board members shall respond, with copies
furnished to the board;
D. Time for "Public Discussion" shall be made available at all open
meetings (PCRB By-Laws, Article V, Section 6);
E. Time for "Board Information" and "Staff Information" shall be
made available at all meetings;
F. Decisions made in executive session shall be ratified in open
session;
G. Taped minutes of open meeting shall be kept thirty (30) days
from acceptance and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year
from the date of the meeting.
I. Legal Counsel for the PCRB shall attend meeting as directed by
the board.
J. Electronic Participation -
PCRB SOP 7/24/98 - 6
IV Conflict of Interest
A. If a conflict of interest exists for a board member, that member
shall state what the conflict is, leave the meeting before the
discussion begins, and return only after the vote ....
PCRB SOP 7/24/98- 7
V Review Process
The Board shall review all Police Chief's reports and City Manager's reports
concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City
Code and the PCRB Standard Operating Procedures and Guidelines.
A. The board shall review all Police Chief's and City Manager's
reports concerning complaints.
B. The board shall determine whether to request an extension of
time to meet its 30-day deadline;
C. The board shall decide, by vote in open session, the level of
review to give to the report as outlined in the statute.
D. Determine whether further requests for information are needed
from the Police Department;
E. Conduct further investigation of the complaint when the board
deems it necessary
F. Issue a public report which explains whether and why the
complaint is sustained or not sustained
G. The PCRB shall not issue a report critical of a police officer until
after the officer has been offered the opportunity for a name-
clearing hearing.
1. The board shall select a proposed date for the name-
clearing hearing;
2. Written notice is given to the officer and the complainant
of the date, time and place of the hearing and its
purpose. The notice to the officer, if he or she is not
identified in the Chief's or City Manager's report, should
be transmitted via the Chief of Police. The notice to the
officer should provide a written response form for the
officer to demand or waive the name-clearing hearing.
(Form letters attached.)
3. The officer may respond by demanding a hearing, waiving
the hearing in writing or by not responding to the notice.
Due process requires that if the officer demands a
hearing, one should be held. If the officer provides a
written waiver of the hearing to the board, the hearing
need not be held but may be held. The complainant has
no independent right to a hearing, and the complainant's
wishes as to holding the name-clearing hearing are not
binding on the board. If the officer does not reply, the
board should schedule the hearing with appropriate
notice.
PCRB SOP 7/24/98 - 8
4. If the officer has demanded a hearing, the chair of the
board should conduct a hearing as per 8-8~7 B(4). At a
minimum, this would require that the officer and the
complainant have a right to make a statement and to
present evidence and the testimony of other witnesses.
It would also require some right to confrontation and
cross-examination or opportunity to rebut opposing
evidence. The board may set reasonable rules about the
time allowed to each side with the types of evidence it
may receive as long as the rules are neutral. The hearing
goal is to give everyone a fair say in a controlled manner.
5. If the officer has waived the right to a name-clearing
hearing, the board need not provide one in his or her
absence. Nonetheless, 8-8-7 B(5) of the statute states
that the board may hold a hearing about a complaint if
the officer has waived the name-clearing hearing, but the
complainant or the department wishes to present
evidence. However, the board need not provide a hearing
in such a case.
6. In the event the officer does not reply concerning his or
her right to a name-clearing haaring, the board should
proceed to schedule a hearing and determine at the time
of the hearing whether it will receive evidence or cancel
the hearing.
7. The name-clearing hearing is a closed hearing under Iowa
Code Section 22.7(5) or 21.5(i). The officer involved, the
complainant, and any witnesses may attend. The subject
matter is still the Chief's report and the board's pending
investigation of it. An officer's request for a name-
clearing hearing would engage Section 21.5(i).
8. After the closed session in which the name-clearing
hearing is held and the board reaches its decision about
the contents of its public report, the board should return
to open session. At that time the board should vote
approval of its public report and vote to transmit the
public report to the City Council, with any changes made
as a result of the name-clearing hearing.
H. Report Writing
1. PCRB members shall share the responsibilities of report-
writing, requesting assistance from staff as needed.
2. A committee shall be appointed by Chair to prepare draft
reports;
PCRB SOP 7/24/98 - 9
3. When possible, draft reports shall be included in the
agenda packets prior to the meeting at which it is
discussed;
4. Draft reports shall be discussed and then finalized by the
full board.
5. Draft reports shall be confidential;
6. Final Public Reports shall be reviewed by legal counsel
before being submitted to the City Council.
1. Final PCRB Public Reports are sent to the complainant, Police
Chief or City Manager and the Iowa City City Council. The
copy to the City Council should be accompanied by the minutes
of the meeting which approved it and be sent to the City Clerk
for inclusion in the next Council agenda packet.
J. Once the Public Report is sent to designated parties, the
complaint file is closed and is taken to the City Clerk's Office
for retention.
PC~B SOP 7124/98 - 10
VI. Review of Policies, Procedures and Practices of the Iowa City Police
Department
As stated in the City Code, 8-8-7 C(3), and Article II of the PCRB By-Laws,
and using the PCRB Standard Operating Procedures and Guidelines, the
Board shall, from time to time, report to the City Council on practices,
procedures and policies of the Iowa City Police Department, including
recommended changes, if appropriate.
A. Policy-review discussions shall be held at regular meetings,
when possible;
B. Three-meeting concept for discussion:
1. Board members discuss what they perceive to be critical
issues and how to present these issues to the public;
2. Community forum or public hearing input;
3. Evaluate forum information, together with board's views,
and make recommendations to the City Council.
C. When citizens have a concern about police procedures or
practices, but there is no allegation of individual officer
misconduct, there may be an issue of policy. Any citizen or
board member may raise the issue at a PCRB meeting.
D. The board encourages written correspondence from citizens
(including anonymous) concerning procedures, practices or
policies of the Iowa City Police Department.
PCRB SOP 7/24/98 - 11
VII Community Forum/Public Hearing
A. Subject matter of meeting 1. To be determined in advance by the board;
2. Option 1: Open forum to receive citizen statement and
recommendations;
3. Option 2: Solicitation of comments on specific PCARB
issues.
B. Goal of forum
1. Listen
2. Respond
3. Summarize
C. Determine date
D. Pre-registration for speakers 1. By mail
2. By phone
3. Limited number
E. Notice of meeting
1. Published written agenda and notice to media;
a. Press release
b. Cablecast
c. PATV coverage, taping
2. Additional notices;
3. Invitation to groups/individuals - mailing list
F. Location and Facilities 1. Iowa City Public Library conference room
2. Arrange physical needs in advance: tables, chairs, desks,
microphones, podium.
3. Liaison with public library staff and PCRB staff
4. Cablecast
G. Procedures for meeting 1. Agenda
2. Introduction, opening remarks
3. Time limits for speakers
4. Ground rules and limitations
5. Board response, debate, rebuttal
6. Acceptance of correspondence and documents
7. Closing remarks
PCRB SOP 7/24/98 - 12
H. Followup/Evaluation 1. Prioritizing and processing public comments.
2. Report to City Council
FCRB SOP 7124198 - 13
VIII Annual Report
The PCRB shall maintain an annual reporting system regarding complaints
against sworn police officers which will give the City Council sufficient
information to assess the overall performance of the Iowa City Police
Department. 8-8-2 M and 8-8-7 C(2) of the City Code, Article VIII.5 of the
PCRB By-Laws, and the PCRB Standard Operating Procedures and Guidelines
A. The PCRB annual report shall include:
1. General types and numbers of complaints;
2. How they were resolved/disposition;
3. Discipline which was imposed;
4. Demographic information;
5. Recommendations aa to how the Police Department may
improve its community relations or be more responsive to
community needs;
6. Be in the form which protects the confidentiality of the
parties while providing the public with information on the
overall performance of the Police Department;
7. May also include recommended changes in practices,
policies or procedures of the Iowa City Police
Department;
8. Report the results of general informational hearings as the
board deems appropriate.
B. The PCRB's annual report may also include recommendations to
amend the Ordinance.
PCRB SOP 7/24/98 - 14
IX General
A. The lawful custodian of the PCRB records and the central
depository for all information is the City Clerk's Office of the
City of Iowa City.
B. The chair is the official spokesperson for the PCRB;
C. When legal counsel and/or staff are contacted on PCRB
business, they shall report that information to the Chair and to
each other;
D. Contacts between a board member and the Police Chief and/or
City Manager shall be in the form of written communication
when possible;
E. Requests for information from the board to the Police Chief or
City Manager shall be in writing;
F. The PCRB administrative assistant shall provide to the board a
monthly 'PCRE~ Office Contacts Report," stating number of
telephone calls and in-office contacts which come directly to
the PCRB office, the general substance of such contacts, and
their disposition;
G. Voice Mail Telephone messages to the PCRB office from
citizens shall not be retained nor will messages be transcribed
unless there are extenuating circumstances on a case-by-case
basis determined by legal counsel;
H. The board shall continue its practice of police ride-alongs as it is
a good opportunity to observe the actual conduct of police and
they would be better able to understand and recommend
changes in the police department policies.
1. If a board member is subsequently listed as a witness to
a police action during a ride-along, that board member
shall be subject to the rules of any citizen.
I. To prevent the perception of conflict of interest, the board shall
utilize its own letterhead stationery.
PCRB SOP 7/24/98 - 15
Robert G. Dostal
326 Douglass St.
Iowa City, IA 52246
June 3, 1998
Dear Mr. Holly:
Thankyou for your June 1, 1998 letter which announces the PCRB
forum on June 29 at 7 PM. Unfortunately, I will not be able
to attend.
In your letter, you atate that "In addition to reviewing investi-
gations of complaints about police, the Board is also directed
to review police tactics, proceedures, and written policies."
These activities are for naught if the Board does not have the
authority to settle claims against the police, redress citizen
grievances, and order changes in the way police operate. Please
apprise me of the board's authority.
Have police tactics changed since the string of uncomely incidents
that climaxed with the death of Eric Shaw?
Awaiting your reply, I remain:
Very truly yours,
Robert G. Dostal
T kNiqeApkics, INC.
[~OWA CITY [] CEDAR RAPIDS [] CORALVILLE [] DUBUQUE
June 8, 1998
Police Citizens Review Board
410 East Washington Street
Iowa City, IA 52240
Dear Board Members:
I would like to thank all of you for being willing to serve on the Police Citizens Review
Board. This can be a very difficult job and it requires a great deal of personal
commitment of time and energy. You are to be commended.
My primary police policy concerns the downtown area of Iowa City, specifically the
Pedestrian Mall. I have a business on the Pedestrian Mall and have been active with the
Downtown Association for many years. We have in the summertime an on going problem
with the behavior of some of your younger citizens in the downtown area. Very clearly
they have every right to be downtown and every right to dress and appear as they choose.
I don't object to that at all. As a matter of fact, until the flowers bloom, some of the green
and blue hair is the only color we get.
The occasional behavior ora few of our youth is a problem, however. Their sometimes
rude and often vulgar behavior has driven away customers from many of the professional
and retail business.
The Pedestrian Mall is also one center in the community for drug dealing. The police
department has made an effort to step up police presence downtown, but there are a few
changes I would like to see put into place.
The first change would be training of all the officers who police downtown in the concept
of community policing. While I am not an expert in law enforcement it seems clear to me
that community policing requires a regular presence and relationship building with the
people downtown. The goal is a presence, which prevents illegal behavior and activity.
The efforts of some of the police officers is that of apprehension for illegal behavior not
the prevention of it. Community policy is a radically opposite approach. So training for
the second shif~ officers would seem to be very much in order.
Plaza Centre One 711 Center Point Road NE 1703 Second Street 821 Central Ave.
P.O. Box 1846 Cedar Rapids, Iowa 52402 Highway 6 West Dubuque, Iowa 52001
Iowa City, Iowa 52244 319-364-7010 Coralville, Iowa 52241 319-556-3030
319-354-5950 800-779-0094 319-338-6274 800-598-8694
800-779-0093 FAX 319-364-7133 FAX 319-338-7788 FAX 319-556-1525
FAX 319-338-2797
Secondly, I would recommend a change in the patrol hours for the downtown officers and
would suggest a 9 a.m. to 6 p.m. shift. This would result in one set of officers covering
downtown during the entire business day and who will be aware of problems, which
mainly occur in the late afternoon. I realize this requires an approval by the labor union,
but I believe that shift changes like this have been approved in the past.
1 would have appeared at your community forum except for a time conflict. I believe
these two steps can go a long way toward improving the safety downtown.
A. Gross
President
JAG/sak
F~x to City Cl~rk, City of lows City, June 22, 1998 356-5009
To: Police Citizens Review Board
From: James Clayton, The Soap Opera, 119 K Collegc St. Iowa City, IA 52240
I am unable to attend your forum but I am iaterested in providing.some input about current
practices of our Police Department as they relate to ~he Police Citizens Review Board.
As you know, our i~olice are currently working special eye, line shit, s due to the problems
being expe~enced m ~outh side reside~..fial ~.eas. This situation has provided us with
another opportoaity to evaluate our police-citizen ratio hoe in Iow? City. We have about
1.03 officers per thonsalld citizens. The citi~ in Iowa similar in raz~ to Iowa City have
about 1.5 officers pea' thounand. The FBI recommeads about 2.0 police per thousand.
Any opportunity our community had to experiment with nos-violent police policies,, rubbea'
bullets and conflict resolution probably fell by the wayside five or six years ago when g.a?g
activities first surfaced. We are already on the slippery slope of reactive, o'isis based police
activity. This is the old 911 modal where you pick up the phone, dial and then hop~
someone gets to the problem in time~
Adequa.te staff enables our force to begin to move from this rcaeti .ye. model to a pmac6ve,
prevention model. If we are to have soco-~ful neighborhood policing we need to be able
to get our force out of their cars and on to our streets. They need ~o be visible and familiar
throughout our city, not just in current trouble spots. If we continue to try and move them
from one problem a~ea to ar, other it is inevitable that we will have trouble in more than one
place at one time and the~ the officer will need to decide which problem is most impotent.
Thee you will invealigate and Ry and place rcsixmaibility.
The failure of our city geva'nment to place a higher priority on public ~afety has leR our
force unable to cope with their dt~ies without resorting to extensive overtime. Such
ovetlime will eventually produces situatiol~ where the effectiveness or judgment of an
individual offictx ia impah'ed to the exteat he or she makes a costly mistake. Then you will
investigate and try and place responsibility.
The PCRB was formed to oversee the policies, procedures and practices of the ICPD. You
should not ignore the deplorable shoe, age of office~a and the effect this shortage will
inevitably have on our c~tizens. Can you expect a shift of twdve officecs to do an adequate
job when t .w.o. of them are on a day off or vacation, two are in the station aa SUl~Visors, 2
are n.~ available for calls because they are in enurt or filing re<ports and the othe~ six are
covenng an en~r~ city?
Two years a_? a...gm, up of downtown business people suggested to the City ~ouncii that
we needed ~o a0omonal officers, la order to me~ the standards suggested by the FBI our
for~. would need to double in size. To bring us t~p to "average' hea-e in Iowa would
requ~ .re. mot.e, than. the 20 o. ftico-a we requested. I respectfully request that you become
proactive rather than reset~ve and make the same sugge.ntioa to comlcil, we nced
police officers.
James Clayton --<
June 20, 1998
Police Citizens' Review Board
410 E. Washington Street
Iowa City, IA 52240
Dear Members of the PCRB,
As a member of a strong Neighborhood Association and a participant
in the Neighborhood Watch program I have been in contact with the Iowa
City Police Department (ICPD) fairly regularly over the years.
I spoke to several neighbors about what to write in this letter. Most
pointed out recent positive interactions with the police in their homes, on
the streets, or in the schools. The consensus was that the ICPD has
worked to improve its image and its services. A specific example would
be a 1985 incident in which a neighbor's dog was hit by a car. The
responding officer was arrogant, rude, and aggressive to those neighbors
who tried to help. This same officer (now a detective) visited a neighbor's
home this year to investigate a missing teen. The family reported that
she was polite and professional. The change was attributed to better
training and increased conscientiousness on the part of the department,
and greater maturity on the part of the officer.
My own experiences with the ICPD have been positive. Participation
in Neighborhood Watch has been a good thing for all involved. The
department and Officer Kevin Berg have done a great job of promoting and
supporting this program. I am also a graduate of the Citizens Police
Academy. I loved it, and wish more people in Iowa City could participate.
I would eventually like to see the Academy offered twice a year.
I strongly believe in community policing. Bicycle and foot patrols,
and officers assigned to neighborhoods are excellent ideas. Hopefully the
ICPD will continue moving in this direction.
Thank you for your attention, and thank you for all of the time and
effort you are giving to this endeavor.
Sincerely,
Alfrieta Parks Monagan