HomeMy WebLinkAbout10-13-1998 Articles October 7, 1998
Residents, ICPD confront race issues
* A local woman who brought a complaint against a member of the
ICPD isn't the only one concerned about increased enforcement.
By Rebecca Anderson
Letters to and Eric Petersen
the Editor Display & The Daily Iowan
Classified
Advertisin~
Subscription As a local woman pursues her complaint that a police officer treated
Info DI Stuff her in a "racially motivated" and "violent" manner, there are other
Copyright 1996 community members who say Iowa City Police Department
The Daily Iowan. enforcement sometimes crosses the line.
Copyright 1996
Associated Press.
The Police Citizens' Review Board is currently investigating the
complaint filed by Faith Walker, a black woman who has alleged that
Iowa City police Officer Paul J. Batcheller mistreated her and two
members of her family during a June 6 traffic stop.
A hearing regarding the incident was set to occur Tuesday night at an
executive session of the Review Board, the independent group that
reviews residents' complaints against the police. Batcheller could
have presented his side of the incident, but he waived his fight to a
hearing, said David Walker (no relation to Faith Walker), the
Coralville attorney who is representing the Walker family.
The hearing would have been the second one of its kind since the
Review Board was formed in 1997, and the first to grapple with the
issue of race.
The police department's internal investigation found that Faith
Walker's complaint did not paint an accurate picture of the incident.
Batcheller would not comment on the matter, saying only, "These
things have their place, like a court of law."
Race and the ICPD
Regardless of the outcome of the Review Board's confidential
investigation, changes in crime in Iowa City have left the police
department struggling to adjust, said Iowa City attorney L'mda
I of 6 10/7/98 10:52 AM
Levey, who handles some criminal defense cases.
The police have stepped up patrol of the Broadway area of southeast
Iowa City, a place where gang and drug activity has been on the rise
since 1993, and also the site of low-income housing. The increased
patrolling of this area, whose residents are often black or latino, may
be a factor in heightening tensions between minorities and the police.
"I think (police officers) don't know how to deal with minorities,"
Levey said. "Some officers may have negative stereotypes against
minorities."
The growth in the number of minorities in Iowa City may also be a
factor in the rise of the number of confrontations. A special census
done in 1996 showed an increasing minority population in Iowa City,
said David Schoon, Iowa City's economic development coordinator.
In the face of such growth, some officers may not know how to act,
Levey said.
"We have a changing population. They don't have the training they
need to deal with (it)," she said.
Levey's attitude stems from experiences she said she's had
representing people who claim they were mistreated by Iowa City
police because of race. She's handled two such cases, and in both
instances, Levey said, "Minority women were virtually attacked by
ICPD officers."
Neither woman filed a formal complaint with the Review Board.
One woman from Zaire claimed she was wrongfully accused of child
endangerment. She was charged with interference with official acts
after she argued and the situation escalated, Levey said.
In another case, a Latina woman who lives in the Broadway area
alleged she was assaulted by police when they responded to a report
of excessive noise. That situation also escalated into a fight that
involved the kicking of one officer in the groin and the forceful
restraining of the woman by two other officers, Levey said.
However, Levey said she can't judge an entire organization based on
her feelings and experiences.
"Overall, I think most police officers are not insensitive," Levey said.
"But sometimes you can't overcome your own prejudices or
stereotypes."
Other members of the community say race discrimination exists, but
victims may have a difficult time proving it.
2 of 6 10/7/98 10:52 AM
"There's no doubt there's a lot of discrimination out there," said
Vernon McKinley, Coralville attorney and 1994 graduate of the UI
College of Law, who is representing Faith Walker. "But the
threshold to prove it is static. And it is a high one."
Learning on the Job
Police Officer Ron Gist said since joining the force he has had no
formal training in dealing with minorities, but he took a class in the
police academy dealing with "cultural diversity." It was established to
increase cadets' awareness of people's differences, he said.
When dealing with the public, it's important for the police to adapt to
each situation because of the mix of people within it, Gist said,
adding that he has never noticed a police officer treating a person
differently because of race or ethnicity.
In dealing with gangs, Gist, a member of the Iowa City Police
Department since 1995, said he has learned the most since his
graduation from the academy.
"Most of my experience is being out on the street every day," Gist
said. "I've never been on a call with an officer who had problems
with someone ... because of their culture."
Although minority residents have complained about officers
mistreating people because of race, the tables can be turned.
As one of two black officers on the Force, Gist said he has had
problems dealing with the public, especially in the Broadway area.
"They have a negative reaction to me because I'm a minority," Gist
said. "Some call me all kinds of colorful names. Some minorities
expect a break because of my race. But ultimately, I'm a police
officer, and I am going to do what I have to do."
Reduced crime -- an even trade?
In recent months, the ICPD has been successful in reducing gang and
drug activity in Iowa City, said Iowa City police Sgt. Vicki Lalla,
supervisor of the Special Crimes Action Team (SCAT). But some
residents are asking whether a heightened police presence, and what
some describe as heavy-handed measures, are a good trade-of[
"I think that the residents (in the Broadway area) have legitimate
concerns about how the police are treating each and every resident
not necessarily as innocent prior to committing a crime," McKinley
said.
When officers approach people who are breaking the law, the
3 of 6 10/7/98 10:52 AM
possibility for misunderstanding is heightened, Lalla said.
"It's not like you run into your friendly, neighborhood police at those
times," Lalla said. "People feel the need to justify their actions. That's
human nature."
Iowa City City Councilor Dee Norton said the possibility of "heavy-
handedness" of the police with the public is somewhat distorted
given the extremes officers sometimes face.
"If you've ever been downtown at 2 a.m., you'll see how hard it is,"
Norton said. "There's a lot of physical contact required sometimes
for them to do their jobs."
After 32 years in law enforcement, Iowa City Police ChiefR. J.
Winkelhake said police departments are constantly under a public
magnifying glass and that some criticism is to be expected.
"Police departments are always looked at," Winkelhake said. "They
are the most visible part of city government. You have some very
vocal people. Some people know what they're talking about, some
people don't have a darn clue. You never want to dismiss criticism,
but you really have to be critical in your judgment."
But the stresses of dealing with the public, coupled with enforcing
the law, are something that each officer deals with individually. Gist
said he constantly reminds himself that it is his duty to treat the
public like people no matter how severe the crime or incident may
be.
"I always treat people like human beings," Gist said. "There are times
they won't let me treat them like human beings, though."
Dissenting Voices
Many people do not understand the role of police officers, which can
lead to confusion in the way people judge an officer's demeanor,
Iowa City police Sgt. Jim Steffen said.
"People are offended by the way the officer approaches them,"
Steffen said. "But (the officers) are taught to approach a situation in
a certain manner."
Gist said he understands this because there have been situations in
which he felt he should change his demeanor because he was unsure
of what type of situation he was entering.
"There's always the possibility of something escalating," he said. "I'm
not here to get hurt."
4 of 6 10/7/98 10:52 AM
Steffen said there is a lack of knowledge among members of the
public in the ways officers are trained to complete their jobs.
But others believe the police go too far in completing their jobs,
especially when they try to gain respect from residents "through
intimidation," David Walker said.
In early 1997, Stephan Arndt, a UI psychiatry research assistant, and
his long-time friend, Ted Cizlado, developed a public opinion poll
concerning the actions of the Iowa City Police Department. They
sent a questionnaire to 1,500 random Iowa City addresses asking
residents to rate various aspects of the police.
Several citizens said the police need to make a greater "public
relations" effort and also that too much time was being spent policing
students on issues of drinking.
Twenty percent of the respondents said the police were either "poor"
or "very poor" at putting them at ease, with many individuals' written
comments describing the police as "intimidating."
While Iowa City police officers maintain they are doing their best at a
very difficult job, others argue their measures are over-the-top,
especially when compared to their Coralville counterparts.
"Sitting out here in Coralville, it's a different world," McKinley said.
"(The cops) are just different professionally. They've got a different
attitude. I'm not going to say one is better than the other. I am just
saying that I feel more comfortable (in Coralville) than I do (in Iowa
City)." ~
DI reporter Rebecca Anderson can be reached at:
raanders~blue.weeg.uiowa, extu
D/reporter Erie Petersen can be reached at:
ejpeters~blue.weeg.uiowa.edu
Title:Residents, ICPD confront race issues
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October 7, 1998
The complainants
The following are two accounts of incidents that residents have
brought before the Police Citizens' Review Board. In both cases,
the complaints have made it to the stage of a "name-clearing
hearing," in which the officer in question is allowed to address
Letters to the board.
the Editor Display &
Classified
Advertising Faith Walker's complaint is still under review by the board, and
Subscription as of Tuesday night, Batcheller waived his right to the hearing,
Info DI Staff said attorney David Walker, who is representing Faith Walker.
Copyright 1996 In the incident involving David Martyn, the board dropped the
The Daily Iowan. complaint against the officers involved.
Copyright 1996
Associated Press.
By Rebecca Anderson
and Eric Petersen
The Daily Iowan
Faith Walker
Faith Walker, her son, Raphael Robertson, and Walker's nephew,
Montrell Lee, were traveling from her sister's house on Taylor Drive
on June 6 around dusk, when they were pulled over by Iowa City
police Officer Paul J. Batcheller and treated in what they call a
"vicious" and "racially motivated" manner.
Batcheller stopped Walker on South Gilbert Street near Stevens
Drive for failure to stop at two stop signs, according to an Iowa City
police report submitted to the Police Citizens' Review Board on Aug.
26.
Batcheller said in the report that he saw a shiny object passed from
the passenger in the right front (Robertson) to the passenger in the
back seat (Lee).
Walker said in her account she does not remember running the stop
signs or being followed by a light blue Ford Taurus, Batcheller's
unmarked police car.
Walker reported the shiny object Lee was passing was a plastic
crucifix he found at the UI Field House while playing basketball
I of 4 10/7/98 10:59 AM
earlier that afternoon and that he wanted to show it to his cousin.
When Batcheller first approached the vehicle, he opened the
passenger door without identifying himself as a police officer and
made several attempts to get Walker and the others to step out of the
vehicle, Walker told The Daily Iowan in a June 11 interview.
But the police report to the board stated Batcheller approached the
passenger side of the car, opened the door and identified himself as
an officer. Then, he ordered Lee out of the car.
Lee, unsure of what was going on, said on June 11 he was
apprehensive of getting out of the car because he was "scared."
Police reports state Lee "started to slide across the back seat away
from the officer."
But Batcheller said in the report the trio's hesitance about getting out
of the car led him to believe their earlier movements were due to an
attempt to hide some type of weapon or drug paraphernalia.
Lee said on June 11 he thought Batcheller assumed they were gang
members or drug pushers because of the officer's actions.
"(Batcheller) probably assumed it was either a crack-pipe or gun,"
Lee said.
Then, Robertson allegedly pushed Batcheller as he tried to get Lee to
step out of the car. In the police report to the Review Board, Walker
contends Batcheller began shouting at the family to get out of the
car, saying, "Let him go, motherfucker, or I'll spray you."
Then, according to both accounts, Batcheller attempted to remove
Robertson from the car. In the Review Board's document, Batcheller
said Robertson punched him in the chest in an effort to keep him
away from Lee.
Robertson said he was trying to protect Lee, but denied striking the
officer.
Batcheller charged Robertson with assault on a peace officer and
interference with official acts after the incident. No formal charge
had been filed as of Tuesday.
Coralville attorney Vernon A. McKinley, retained by Walker to
represent Robertson, and McKinley's associate, David S. Walker, are
handling Walker's complaint to the Review Board.
"What's so appealing about that case is you've got everything
involved," McKinley said. "You've got issues of race, issues of
legitimate problems on behalf of the law enforcement. Every party
2 of 4 10/"//98 10:59 AM
involved in that situation has legitimate concerns."
David Martyn
The first complaint filed with the Police Citizens' Review Board came
from a man who said he witnessed an incident of mistreatment by
Iowa City police officers.
George Gorbatenko, of St. Paul, Minn., filed the complaint with the
Review Board on Aug. 4, 1997, alleging officers used excessive
force in arresting Iowa City resident David S. Martyn on Aug. I,
1997, for public intoxication and obstructing officers.
The Review Board concluded at the time that excessive force was
not used and that the arresting officer's actions were justified under
the police department's policies. Martyn ultimately pleaded guilty to
both charges.
According to police reports, Iowa City police Officers R.A. Mebus,
Erik Lippold and Paul Batcheller saw Martyn on the Pedestrian Mall
making lewd sexual comments to people passing by and ordered him
to stop.
When approached by the officers, Martyn ran off, but he was
eventually caught and arrested near Clinton Street, south of
Burlington Street, the reports stated.
Martyn was then pushed to a wall and taken to the ground where he
was handcuffed, according to the Review Board's findings. These
were the actions that Gorbatenko said were excessive and
unnecessary.
"This cop runs him into the wall and brutally puts him onto the
ground," Gorbatenko said. "Police officers shouldn't be doing these
things. I was totally aghast."
Gorbatenko said he witnessed the incident from a short distance
away; he added that it seemed the only thing that Martyn did wrong
that night was have too much to drink.
"This guy couldn't resist if he wanted to," Gorbatenko said. "What I
witnessed, in my opinion, was extremely inappropriate action under
the circumstances. The guy ... wasn't brandishing any weapons or
anything."
Gorbatenko said his history as a volunteer in the Minnesota
community corrections system and his knowledge of proper police
responses to situations such as this one motivated him to go to the
police station later that night to file the complaint.
3 of 4 10/7/98 10:59 AM
The police investigated the complaim and interviewed witnesses.
When Gorbatenko saw the police report, he said he noticed little
discrepancy in the officers' interpretations of what happened.
"Everybody who saw it, saw it the same way," Gorbatenko said.
"They closed ranks."
Martyn said he had no clue that a complaint had been filed until he
was visited at his apartment by the officer investigating the
complaint.
Title: The Complaints
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Unt~tled Article http://www.utowa.edu:l$O/-~ily~owan/~ssue4v 130/~t2/stones/AO 103F.html
October 7, 1998
SCAT: Going where the action is
* In unmarked cars and plain clothes, SCAT officers are keeping an
eye on illegal
activity in Iowa City.
Letters to By Rebecca Anderson
the Editor Display & and Eric Petersen
Classified
Advertising The Daily Iowan
Subscription
Info DI Staff Much of the criticism aimed at the Iowa City Police Department
Co,wight 1996 involves the actions of the Special Crimes Action Team (SCAT), the
The Daily Iowan. new organization designed to combat the recent rise in gang and
Copyright 1996 drug activity in Iowa City.
Associated Press.
Some police officials cite the May 25 gang-related shooting near the
Broadway area on the southeast side of town, which resulted in the
injury ora 17-year-old Chicago youth, as a primary motivating factor
for the development of SCAT.
Police ChiefR. J. Winkelhake chose seven officers to be a part of the
team: Paul Batcheller, Chris Akers, Scott Gaarde, David Gonzalez,
Doug Hart, Bill Hoeft and Sift. Vicki Lalla, who is the supervisor of
the team.
SCAT members usually work in unmarked cars and plain clothes,
keeping tabs on the comings and goings of people they believe may
be involved in illegal activity.
As of late June, SCAT, along with the Johnson County
Multi-Agency Drug Task Force, confiscated 79.11 grams of
marijuana, 8 grams of methamphetamines, 119.7 grams of crack
cocaine and four guns. In fact, since its formation, SCAT has been
responsible for around 380 arrests, about 24 per week.
Constant patrolling of the Broadway area has been effective and
seems to have scared off some of the troublemakers, Lalla said, and
added that SCAT is "here to stay."
This was confirmed by a request by Winkelhake for a $450,000 grant
to help fund the employment of six officers to replace the existing
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SCAT members, who would go back to their regular duties.
Although SCAT's main area of focus is on the southeast side of Iowa
City, it is not confined to any certain area of town.
"We go where the action goes," Laila said.
The Silent Majority
Although their enforcement tactics have been criticized as targeting
minorities, Winkelhake said SCAT's officers are behaving exactly as
they have been instructed to. He said focusing exclusively on
minorities by SCAT officers is "absolutely prohibited."
"We tell the officers to be firm, assertive and polite in what they are
doing," Winkelhake said. "We are targeting behavior. Under no
circumstances are officers allowed to make stops based on profiles."
Despite known complaints filed with the Police Citizens' Review
Board concerning SCAT's behavior, Lalla says a majority of local
residents are happy it is around.
"We've gotten a lot of positive feedback from people in the affected
neighborhoods," Lalla said. "The general consensus from the people
is that they are glad we are there."
Additionally, there may be a big number of people who are happy
with the performance of the Iowa City police but don't voice thek
opinion.
"Those are usually the people who stay silent," Iowa City police Sgt.
James Steffen said.
Title: SCAT: Going where the action is
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October 8, 1998
Police board comes under fire
* Its confidential work has some wondering about its decisions.
By Rebecca Anderson
The Daily Iowan
Letters to In the year since its creation, the closed-door policies of the Police
the Editor Citizens' Review Board have come under fire as some people begin
Display &
Classified to question its effectiveness as watchdog 0[the poli~.e,.
Advertising
Subscription "If all the information is kept confidential, how do we even know the
Info complaints are being taken seriously?" said David Walker, a
DI Staff Coralville attorney who represents Faith Walker, a woman whose
Copyright 1996 complaint is under review by the board.
The Daily Iowan.
Corn, right 1996
Associated Press. Because the Review Board's work often concerns personnel issues,
the names of the police officer or officers involved are kept
confidential. Complainants' names have also not been made public.
Protecting their identities makes others feel safe about coming
forward, said Iowa City City Councilor Karen Kubby.
"We have to remember there are human lives and reputations on all
ends," she said.
In 15 months, the board has evaluated 19 complaints; it has never
released a review in favor of the complainant.
A majority of the complaints that have come before the board have
been fi.om one individual; looking at the Review Board's tendency to
find in favor of the police does not necessarily mean the board is
biased, Kubby said.
Even so, she said she would also like to see some improvements in
the reports that the board submits to the City Council, especially in
explaining why it is not sustaining the complaints.
Coralville attorney Vernon McKinley questioned the effectiveness
and legitimacy of the board because "it has never been tested."
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"(People) know this thing is out there, but nobody knows how it
works," McKinley said. "Their legitimacy comes into question."
Looking Over the Shoulder of the Police
The board's newness has some believing the board is still trying to
work out all the kinks.
"There was a lot of discussion as to what it could be and what it
could do," said Police ChiefR.J. Winkelhake. "I think it is still in the
process of growing pains."
Board member Leah Cohen said most people do not understand how
much work the group did to learn the policies and procedures that
guide it. The board plans to present a report to the City Council that
will detail the work it has completed in its first year and ask the
council to consider modifications to the current ordinance.
One aspect of the board's code that has proved especially to be a
problem is its 30-day rule, meaning that ifa complaint is brought to
the board more than 30 days after the incident occurred, the
complaint is not considered.
The amount of time it has taken for the board to make a decision in
the case involving Faith Walker is frustrating, David Walker said, and
it makes him wonder if it is doing its job. "I, along with members of
the public, want to know what exactly they're doing down there," he
said.
But members of the board have said they're working toward
solutions. A public forum designed to discuss these issues is
scheduled for Oct. 27.
"We hope we can concentrate a little more on the review of the
police department's processes," Cohen said. "That's why we're having
the upcoming forum."
But while many residents favor having an organization watching the
police, some officers don't exactly appreciate the board looking over
their shoulder.
"I don't think (the board) is necessar3~," said police Sgt. Jim Steffen.
"But if citizens think it's necessary, then it can be helpful."
Other officers say they feel the department's complaint form is
sufficient for city residents because the police have always handled
complaints in a proper manner.
The first person who filed a complaint with the board, George
Gorbatenko, of St. Paul, Minn., said he was told by a police
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dispatcher to seek another outlet when he went to the station.
Gorbatenko said he had seen police officers handle Iowa City
resident David S. Martyn with excessive force.
"The officer was really rude and defensive in listening to the
complaint that night," Gorbatenko said.
Other officers said the board fills a void in the community for people
who want to move further down the complaint chain of command.
As an employee of the community, Officer Ron Gist said he wants an
outlet for residents that he thinks is important.
"I guess it's good if the citizens in the community need it," he said.
Like any complaint process, people may extend the truth because
they are upset with any given type of situation, Gist said.
"It concerns me that I go out and do my job and do what I have to
do, and there are a lot of people who make things up about police
officers," Gist said.
The Current Investigation
Iowa City Faith Walker filed her complaint after Officer Paul
Batcheller stopped her for allegedly running two stop signs. After he
pulled them over, Faith Walker, who is black, alleges Batcheller
treated them in a "racially motivated" and "violent" manner.
In police documents, submitted to the board, Batcheller reported that
Faith Walker, her son Raphael Robertson and her nephew Montrell
Lee were hesitant about getting out of the car when he asked and
that Robertson punched him in the chest.
Robertson denies striking Batcheller. Batcheller refused to comment
on the Walker complaint.
A "name-clearing hearing" was scheduled for Tuesday night, which
would have been a chance for Batchelier to address the board
regarding the incident. Batcheller declined to appear at the meeting.
Batchellefs no-show didn't necessarily mean anything, said board
attorney Douglas Russell, who said, "To me, it's neutral."
Faith Walker said she feels secure that the board will make an
educated judgment on the validity of her complaint; she said she has
not decided whether she will take civil action against the police.
"At this point, I feel very secure," Walker said. "I believe justice will
be served."
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The board has 30 days to complete an investigation and review of a
complaint. The ordinance allows it to apply for extensions if it feels
further investigation is warranted.
So far, the board has spent 75 days on the Walker complaint.
While he couldn't say exactly when the investigation would be
completed, board Chairman Paul Hoffey did say a name-clearing
hearing generally means the board is nearing the conclusion of its
investigation.
DI reporter Rebecca Anderson can be reached at:
raanders~blue.weeg.uiowa.edu
Title: Police board comes under fire By: Rebecca Anderson Page: lA
Date: 10/7/98
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The Gazette, Ceda~rr Rapids, l_Owa: Sat., Oct. 10, 1998 3B*-
Use of.force r. eport for Septemb
!owa City .P. rOhC . _ . er shows
,o,.ao. co..t, oa. =e officers usea guns twice
:IOWA
CITY- IOWa City po- reached for the pepper spray,'
lice Used their guns twice in Another 5)3 incidents according to the report.
September, including once to listed in the report involve Another 23 incidents listed in,
kill an injured raccoon, accord- officers using physical the report involve officers usm
ing to a report to the City force, such as wrist , ucu as wrist
Council.
physical force s- '- ' g
pressure, to make people who¢
The monthly use of force re- Pressure. Were Under arrest COmply with'
port shows an Officer also drew ~ orders.
his gun while checking a resi-
Officers sprayed four people In two other cases, officers
dence that had been burglarized, the report shows. Another per- used Physical force to escort
with pepper spray in September, son Complied with an officer's people who had been Committed
- to a mental hospital and Were
orders when the officer merely refusing to go.
Citizens boa.rd pre.pares
to tackle pohce pohcies
Iowa City panel seeks hand.
input from residents The board Wants citizens to
attend the meetings, both to
By Lynn M. Tefft learn about the policies and to
Gazette Johnson County Bureau raise questions, Bauer said.
IOWA CITY -- After a year of
dealing with administrative is- After reviewing a policy, dis-
sues such as appointing a law- cussing it with Police Depart-
yet and writing bylaws, the Po- merit representatives and col-
lice Citizens Review Board will lecting public input, the board
begin reviewing the policies of may decide the policy needs no
the Iowa City Police Depart- change, Bauer said. Or, she said,
merit.
the board may suggest changes
"(Board members) haven't had to the City Council.
a lot of time to put into the
review of policies, practices and The board will collect public
procedures of the Police Depart- input on police procedures at its
ment," said Sandy Bauer, ad- second public forum, to be held
ministrative assistant to the Oct. 27 from 7 to 9 P.m. at the
board.
Newman Center, 104 E. Jeffer-
The board will review policies son St. The board is holding this
at regular meetings on the sec- forum closer to campus in hopes
ond Tuesday of the month at of attracting more students,
6:30 P.m. in the lobby conference
room of the Civic Center, 410 E. Bauer said.
Washington St.
Bauer said people who want
On Tuesday, the board will to address the board that night
take up the policy on building can put themselves on the agen-
searches. A representative of the da by calling 356-$041 or signing
Police Department will be on up at the door that night.
The Gazette, Johnson County Today, Sunday, October 11, 1998, Page 1
PoliceThe [nsttrance company also asks
for specific poli- "From our standpoint we don't let
anyone work extra detail in our
cies in other de-
force uniform-that,s so simple," Win-
partments, such kelhake said.
as transit and
public works, Requests for officers to work secu-
Johnson said. rity at stores or other establish-
i...~--l--' ,. Though the ments during their off hours are
a rare, he said, though he did recently
company cannot deny a request from a store at Cora]
mandate the way Ridge Mall,
the policies are
, written, it does of- The city has never had a policy on
City's insurance carder' fer suggestions, extra-duty and off-duty employment,
Johnson said. RJ. Wlnkelhake but has addressed the question in
details liabili[y list In the case of Police chief the officers' union contracts
By I.~7~ ~ ~ the Police Department, the language with the city, Winkelhake said.
the company is looking for is gener- Officer Kevin Hurd, who is
Gazette J~ (~u~ BUreau ally less stringent than accreditation leading the policy review, is in
IOWA CITY -- The City and its standards, he added, the process of writing a policy
Police Department are most likely to Records show Iowa City has been on the employment issue.
be sued regarding use of f~rce and the target of lawsuits involving Hurd said he has seen little
pursuit of suspects, according to some of the issues the ~insurance need to revise many of the
information from the city's insur- company has identified, department's policies,
ance carrier. In October 1996 the city settled a Other policies, such as one on
)ther issues likely to be the sub- claim for $1.5 million over the death handling exposure to communi-
~ ~ct of lawsuits, according to the of Eric Shaw, a case that involved cable diseases, have required
insurance company, include arrests, use of excessive force by former coordination with the Fire De-
search and seizure, domestic vio- officer Jeffrey Gillaspie. partment and state Department
lence, sexual harassment, communi- The city paid $87,000 in Jamtary · of Public Health to avoid contra-
cable diseases, citizen complaints 1997 to .settle lawsuits by two men dictions with their policies.
and extra-duty or off<luty employ- who alleged they were the victims of
ment of officers, excessive force by Officer Ed
Police officials are taking the McMartin.
warnings seriously. Overall, the Police Department
They are using the list of potential' sees few claims, Johnson said.
legal problems to prioritize their He said that while a fair number
review of policies so that the poll- of claims are to be expected in some
¢ies are in accordance with accredi- departments -- transit, for example,
tation standards, Police Chief R.J. with numerous buse§; passengers
Winkelhake said. and lots of activity each day -- the
goal in the Police Department is to
ST. PAUL Companies, the city's have no claims.
insurance carrier, asks to review "Iowa City has fared real well," he
the city's policies in each of these said. "They're ahead of the curve;'!
areas as a condition of insuring the- he said.
city.
The insurance company compiles WINKELHAKE SAID he is not
its list of hot issues by looking at all surprised by the issues the insur-
the claims fried against all the mu-
ance company has identified, except
nicipalities it insures, said Carlton for the extra-duty and off-duty em~
_,]~hnaan, of AW Welt Ambrisco In- ] ployment.
surance Inc., the city's agent. That category includes officers
Having firm policies in place lng assigned to special duty for a
saves the city money in claims and private finn during the course of a
-emiums, Johnson said. work day or being hired by a firm
:'These are the areas that generate to work after hours.
the largest claims," he said.