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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