HomeMy WebLinkAbout09-15-1998 Communication DRAFT
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
The PCRB was established to assure that invesdgadons
/nto claims of police misconduct are conducted in a manner
which is fair, thorough and accurate and to assist the Police
Chief, the City Manager and the City Council in evaluating the
overall performance of the Police Department as a whole by
having it review the POlice Department's investigation into
complaints. To achieve these purposes, the PCRB shall comply
with Chapter 8 of the Iowa City Code, the Board's By-Laws,
and the Police ~'Ezens Review Board's Standard Opera~'ng
Procedures end Guidelines.
PCRB SOP 9/15/98
TABLE OF CONTENTS
I. Complaint Process
II. Formal Mediation Guidelines and Procedures
III. Meetings
IV. Complaint Review Process
V. Review of Policies, Procedures and Practices of the Iowa City Police
Department
VI. Annual Report
VII. General
VIII. Appendix
1. Ordinance No, 97-3792
2. The City Code of Iowa City, 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)
b. Mediation (11)
(1) PCRB Guidelines for Formal Mediation
(2) PCRB Formal Mediation Policies/Procedures
c. Review Process (V)
PCRB SOP 9/15/98
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,
following the Police Citizens Review Board By-Laws, Article VIII, and
the Board's Standard Operating Procedures and Guidelines.
A. Complaints shall be filed in accordance with 8-8-3 C and
8-8-7 A of the City Code.
1. All documents and related materials filed with the Board
shall not be returned.
2. Complaints filed in the City Clerk's Office 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). The complaint copy
sent to Board members shall have all references to police
officer names deleted.
B. Procedure for complaints which are filed after sixty days
1. A complaint that appears to be untimely filed or
otherwise deficient shall be assigned a number in the
ordinary manner as provided in the City Code.
2. A copy of the complaint shall be furnished 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.
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;
PCRB SOP 9/15/98 ~ 1
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;
6. 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. The Board may request that an
investigation be done.
b. The copy of the decision sent to the complainant
shall include a cover letter 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.
C. Amendments to a complaint must be in written form.
D. The complainant may withdraw the complaint at any time up to
seven (7) days after the Board receives the Police Chief's or
City Manager's report. After that time, the complaint may be
withdrawn with the consent of the Board.
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.
PCRB SOP 9/15/98 - 2
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 distributed to Board members at least
two (2) days prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in
the lobby of the Civic Center; notice of a meeting will also
be distributed in media boxes located in the Civic Center.
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 as to whether staff shall
respond or whether Board members shall respond, with
copies furnished to the Board.
D. Time for open public discussion shall be made available at all
open meetings as provided by the 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 meetings 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 meetings as directed by
the Board.
PCRB SOP 9/15/98 - 3
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of
Iowa. "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. A member may
participate by electronic means when the majority of the
Board convenes in person. The person or persons
participating electronically are part of the quorum for the
meeting and may make or second motions and may vote.
Refer to Section 21.8, The Code of Iowa.
K. Quorum and Voting Requirements
1. Quorum. See By-Laws V.2.
2. Voting. See By~Laws V. 10.
3. Voting to close a session. See Section 21.5, The Code
of Iowa.
L. Iowa Open Records Law
1. The Board must follow all the requirements of Chapter
22, The Code of Iowa, 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 of the PCRB public records is the
City Clerk of Iowa City.
3. All records of the Board shall be public except as
specifically provided for in Chapter 22, The Code or in
the By-Laws. Only certain records shall be kept
confidential and only under circumstances in which they
are specifically authorized to be kept confidential by
Chapter 22, The Code of Iowa.
4. Confidentiality of complaints, reports of investigations,
statements and other documents or records obtained in
investigation of any complaint. See By-Laws VII.1 (a).
5. Confidentiality of the minutes and tape recordings or
closed sessions. See By-Laws Vll.l(b).
6. Confidentiality of mediation matters. See By-Laws
Vll.l(d).
PCRB SOP 9/15/98 - 4
7. Confidentiality of .information protected by the Iowa Open
Records Law or the Iowa Open Meetings Law. See By-
Laws VII.1 {c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The
Code, Official Meetings Open to Public (Open Meetings).
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By-Laws V.9.
2. Ex Parte Contacts. See By-Laws, V.8.
IV Complaint 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. Review of Police Chief's Report or City Manager's Report.
Follow 8-8-7 B of the City Code.
B. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City
Code.
C. Request for an extension of time to file PCRB public report.
Refer to 8-8-7 B.6 of the City Code.
D. The PCRB shall not issue a public report critical of a police
officer until after a name-clearing hearing has been held. Refer
to Section 8-8-7 B.4 of the City Code.
E. Name-clearing hearing procedure
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
PCRB SOP 9/15/98 5
officer should provide a written response form for the
officer to demand or waive the name-clearing hearing.
3. The officer may respond by demanding a hearing, by
waiving the hearing in writing, or by not responding to
the notice. 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.
(a) If the officer has demanded a hearing, the chair
of the Board shell conduct a hearing as per
8-8-7 B.4 of the City Code. 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.
(b) 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.
(c) In the event the officer does not reply
concerning his or her right to a name-clearing
hearing, the Board may proceed to schedule a
hearing and determine at the time of the hearing
whether it will receive evidence or cancel the
hearing.
4. 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 aqy 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).
PCRB SOP 9/15/98 - 6
5. 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 any time after the name-clearing
hearing, the Board may approve its public report,
including any changes made as a result of the name-
clearing hearing.
F. Report Writing - Follow 8-8-7 of the City Code
1. The Chair shall appoint a committee to prepare draft
reports. The committee may request assistance from
staff as needed.
2. When possible, a draft report shall be included in the
agenda packet prior to the meeting at which it is
discussed.
3. Draft reports shall be discussed in executive session and
finalized by the full Board.
4.Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel
before being submitted to the City Council.
G. Final PCRB Public Reports shall be distributed according to
8-8-7 B.3 of the City Code. The copy sent to the City Council
shall 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.
H. 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.
V. 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 policies, procedures and practices of the Iowa City Police
Department, including recommended changes, if appropriate.
A. Policy-review discussions shall be held at regular meetings,
when possible.
PCRB SOP 9/15/98 - 7
B. 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 an issue at a PCRB meeting.
C. The Board encourages signed written correspondence from
citizens and will accept anonymous correspondence concerning
policies, procedures, and practices of the Iowa City Police
Department.
VI Annual Report
The PCRB shall maintain a central registry of all formal complaints
against sworn police officers and shall provide an annual report to the
City Council 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 annual report shall include information required by Chapter
8 of the City Code.
B. The PCRB's annual report may also include recommendations to
amend the Ordinance,
VII. 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.
PCRB SOP 9/15/98 - 8
E. Requests for informatio~ 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 utilize its own letterhead stationery.
PCRB SOP 9/15/98 - 9