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HomeMy WebLinkAbout07-28-1998 Communication MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 TO: PCRB FROM: Chair, Paul Hoffey RE; Special Meeting July 28, 1998 Please bring to the meeting on July 28 a list of what you felt were the more important issues raised at the Community Forum. Please list those issues in order of priority. Thank you. 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 pertaining to the Ro£1cies, practices and overall performance of the Iowa City Police Department. It was further created to review invesEgations into complaints of police misconduct to insure that such invesEgations are conducted in a manner which is fair, thorough, end accurate. To achieve this purpose, the PCRB shall comply with Chapter 8 of the Iowa City Code, the Iowa City Police Citizens Review Board By-Laws, and the Police CiEzens Review Board Standard OperaEng Procedures and Guidelines. PCRBSOP 7/24198 TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures III. Meetinga IV. Conflict of Interest V, Review Process VI. Review of Policies, Procedures and Practices of the Iowa City Police Department 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 4. 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 7t24/98 I. Complaint Process In an effort to assure the citizens of iowa City that the Iowa City Potice Department's performance is in keeping with community standards, the PCRB shatl 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 7/24198 - 1 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; 5. At the meeting at which the complaint is considered, the board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8- 8-3 D of the statute; 8. If the Board dismisses the complaint as untimely, the staff shall forward a copy of the decision 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) advising 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. 7. 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 7124/98 - 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. FCRB SOP 7124198 - 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. M~tings 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 shalJ 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 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 - ? 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 name4 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 hearing, 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, I. 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. ,SOP 7/24/98 - 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 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 PCR$ SOP 7/24/98 - 12 H. Followup/Evaluation 1. Prioritizing and processing public comments. 2. Report to City Council SOP 7/24/98 - 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 7/24198 - 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 'PCRB 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. PCR8 SOP 7124198 - 15 Space for intake stamp Other office information City of Iowa City Police Citizen Review Board Citizen Complaint (Notes about 60-day limit, who may complete form, etc.) Name Address/contact information Telephone (Do we want any other identification??) · Tell in your own words what happened. Give as many details as possible. For example: When and where did it happen? Who else was there? · Describe the specific police actions you are complaining about. Give officers names, badge numbers, or physical descriptions. · What do you want to happen as a result of your complaint? (We discussed collecting the following separately, perhaps on a tear off sheet or card) We will use the following information, which concerns classes of people protected under Iowa City's Human Rights Ordinance, only to prepare our PCRB annual report. We will not use your name or other personal identification in this report. You do not have to provide this information to file your complaint. Please indicate your: Age Race Color National origin Gender identity Sex Sexual orientation Marital status Mental disability Physical disability Religion Certification statement Complainant signature Date Other information Public records note Statement about investigation process Availability of mediation Right to amend complaint for XX days from filing (to provide new information, evidence, etc.) Right to withdraw complaint at any time. Optional questions How did you hear about the PCRB? Where did you get this form? Any other information we might want to gather systematically?? Date of form revision MEMORANDUM July 27, 1998 To: Police Citizens' Review Board Sandy Bauer Marian Karr From: Douglas S. Russell RE: PCRB Standard Operating Procedures and Guidelines Attached are my contributions to the PCRB Standard Operating Procedures and Guidelines document which was prepared by Sandy Bauer and which I received on July 14, 1998. I have included proposed numbering for these paragraphs so they will fit the numbering and format of Sandy's memo. III ¢. Place of Posting Notices and Agendas. Notices must be posted on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose either at the Civic Center or at the building where the meeting is to be held. The City of Iowa City provides the notice bulletin board in the lobby of the Civic Center. Note also that notice of a meeting must be given to news media who have filed a request for notice with the PCRB. (Section 21.4, The Code) III J~. Electronic Meetings. 1. Electronic Meetings. Section 21.8, The Code, provides a governmental body may conduct a meeting by electronic means only in circumstances where such a meeting in person is impossible or impractical and only if the governmental body complies with all of the following: A. The governmental body provides public access to the conversation of the meeting to the extent reasonably possible. B. The governmental body complies with Section 21.4 (public notice requirement). For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation. C. Minutes are kept. The minutes shall include a statement explaining why a meeting in person was impossible or impractical. D. There is no requirement for public access to the conversation if the meeting is conducted as a closed session in compliance with all rules for closed sessions in Section 21.5, The Code. E. The term "electronic means" includes telephonic communications. F. The term "meeting" is a defined in Section 21.2, The Code, as a gathering of a majority of th Board there is deliberation or action on any matter within the scope of the Board's policy making duties. G. "Electronic meeting" as defined in this section presumes that a majority of the members of the Board are participating electronically. 2. Electronic participation in meetings. There is no prohibition in Section 21.8, The Code, for a member or members of the Board to participate by electronic means when a majority of the Board convenes in person. It is recommended that in this case, the absent members participating electronically be placed on a speaker phone so that their voices may be heard by the members present in person and the public attending the meeting. In addition, the meeting and its minutes should note the electronic participation of the absent members and the reason for the absence. The person or persons participating electronically are part of the quorum for the meeting, may make or second motions and may vote. lily? Quorum and Voting Requirements. 1. Quorum. A majority of the members of the Board present or participating electronically shall constitute a quorum at any meeting.(By-Laws V.2) 2. Voting. A majority vote is required for adoption of any motion except a motion to close a session which is covered below. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the chairperson, whether participating in person or electronically, is required to cast a vote upon each motion. A member who abstains shall state the reason for the abstention.(By-Laws V. 10) 3. Voting to close a session. The Board may close a session for reasons enumerated in Chapter 21, The Code, upon an affirmative public vote of two thirds of the members or all the members present in person or electronically. If five members are present, four votes are required. If four members are present, four votes are required. If three members are present, three votes are required. If only two members are present, no quorum is available for the purpose of such a vote. (Section 21.5, The Code.) /, Ill ¢. Iowa Open Records Law. 1. The Board must follow all the requirements of Chapter 22, The Code, Examination Of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian ofthe PRCB public records is the Iowa City Clerk. 3. All records of the Board shall be public except as specifcally provided for in Chapter 22, The Code or in the By-Laws. Only certain records shall be kept confidential and only in a case where they are specifically authorized to be kept confidential by Chapter 22, The Code. 4. Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by counsel to the Board pursuant to the provisions of the Iowa Code. (By-Laws VIl.l(a).) 5. The minutes and tape recordings of sessions dosed under the provisions of the Iowa Code shall be closed records. (By-Laws VII. 1 (b).) 6. Mediation matters are protected from disclosure by the Iowa Code (By- Laws VII.1 (d).). 7. No member of the Board or its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law except as provided in the By-Laws of the Board. (By-Laws VII. 1 (c).). Ill Iowa Open Meetings Law. 1. The Board must follow all the requirements of Chapter 21, The Code, official Meetings Open to Public (Open Meetings). 2. "Meeting" means a gathering in person or by electronic means, formal or informal, of a majority of the members of the Board where there is deliberation or action upon any matter within the scope of the Board's policy making duties. Meetings shall not include a gathering of members of the Board for purely ministerial or social purposes when there is no discussion of policy and no intent to avoid the purposes of Chapter 21. 3. All meetings must be preceded by public notice and shall be held in open session unless closed sessions are expressly permitted by law. 4. Any ambiguities in the construction or application of the Iowa Open Meetings Law shall be resolved in favor of openness. 5, An open session means a meeting to which all members of the public have access. 6. A closed session may only be held by the Board to the extent a closed session is necessary for any of the reasons enumerated in Section 21.5. 7. Minutes shall be kept of open and closed sessions. 8. Final action by the Board on any matter, whether discussed in open or closed session, shall be taken in open session. 9. Committee meetings. A formally constituted subunit of the Board may conduct a meeting without notice as required by the open meetings law during a lawful meeting of the Board, a recess in that meeting or immediately following the meeting if the meeting of the subunit is publicly announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the Board. If the subcommittee is composed of one or two persons, it need not comply with the Iowa Open Meeting Law if only two members attend a subcommittee meeting. ~,~L.- Conflicts of Interest and Ex Parte Contacts. '~' X Conflicts of interest. Members who believe they have a conflict of interest on a matter coming before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote.(By-Laws V.9) & ,Zl Ex Parte contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact with the Board. The member shall share copies of any writing received or a synopsis if the contact was verbal.(By-Laws V.8) ( date ) l)car {name of complainant): Thc Police Citizcns Review Board has received your complaint dated xx, regarding an incident that took place on {date). Under §8-8-3D of the City Code oflowa City, the PCRB can only consider complaints brought within 60 days of the incident complained of. It appears from your complaint that it is possible that your complaint was filed too late for the Board to consider. At the Board's next meeting, on (date) at (place), the Board will consider whether it should dismiss your complaint because it was filed too late. You are welcome to come to the meeting and speak to the Board on the issue of the timeliness of your complaint. Whether you choose to attend or not, after the meeting we will let you know whether the Board can proceed with your complaint. If you have any questions about this matter, please contact xx at (number).