HomeMy WebLinkAbout12-15-1998 Minutes POLICE CITIZENS REVIEW BOARD
MINUTES - December 8, 1998
Lobby Conference Room
CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M.
Al IENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffe¥,
M. Raymond, and J. Watson. Staff present: Legal
Counsel D. Russell and administrative assistant S. Bauer.
CONSENT
CALENDAR Motion by P. Farrant and seconded by P. Hoffey to adopt
the Consent Calendar, as amended, accepting
(g) 12/8/98 memorandum from Chief Winkelhake
(deferred for discussion with Item 6 on the agenda).
Motion carried, 5/0, all members present.
RECOMMENDATION TO COUNCIL
· Accept PCRB Public Report #98-17
· Defer action on approval of the PCRB SOP's
PCRB SOP's Motion by M. Raymond and seconded by P. Hoffey to
consolidate Item #3 on the agenda with Item #6. Motion
carried, 5/0, all members present.
J. Watson reported on the city council informal meeting
at which the PCRB SOP's were discussed. The City
attorney presented to the council her memo of November
13, 1998, with recommended changes. Issues included:
· The procedure for handling untimely filing of
complaints. The recommended change states the
complainant may not be heard in person, verbally, to
avoid any possibility that the facts of a complaint be
discussed in a public session on the timeliness
question or on the question of whether a complaint is
against a sworn Iowa City police officer.
· In an attempt to avoid an adversarial encounter
between the complainant and the officer, the city
attorney recommends an ordinance change
eliminating notification and participation of the
complainant in a name-clearing hearing of an officer.
An additional concern expressed was if a complainant
had a right to appear at a meeting, would they have a
right to participate in a meeting, aside from simply
asking questions.
· Requiring legal counsel to be in attendance at all
PCRB meetings.
A discussion followed regarding legal counsel's role with
the PCRB.
Further discussion included:
1. The Board makes no recommendation concerning
the proposed ordinance change concerning name-
clearing hearings.
2. The Board requests the council to defer
consideration of proposed SOP changes.
3. After discussion, the Board directed legal counsel
to convey their concerns about the recommended
SOP changes to the city attorney, and request a
deferment of the council's action on December 15.
Legal counsel will report back to the board at its
next meeting, December 1 5.
Meeting with City
Administration Paul Hoffey reported on the meeting with he, L. Cohen
and D. Russell, and City Manager S. Atkins, Chief
Winkelhake, and S. Holocek. The primary purpose of
this meeting was to enable the PCRB to correct the
misimpression about release of names/information to the
media. Board members proposed meetings (however
many were needed to cover all shifts) with the police
officers to explain the PCRB process and its
confidentiality obligations. Both the City Manager and
the Chief of Police'discouraged this method and
recommended correspondence from the Board to the
Chief, who agreed to disseminate it to the officers.
Other items discussed were:
· S. Holocek took issue with the 'Comments" section
of the board's public reports. If the board is critical in
its comments, even if an allegation is not sustained,
there should be a name-clearing hearing because it is
a report critical of an officer. (The board agreed)
· Chief Winkelhake said he recommended that his
officers come to name-clearing hearings, but that the
union has chosen to discourage it.
Discussion followed:
The board directed legal counsel to prepare the letter
to be sent to Chief Winkelhake for his officers. The
letter will first be reviewed by S. Atkins and S.
Holocek. Legal counsel will report on their comments
at the board's next meeting. Once approved by the
board, a copy of this letter will be sent to city council
members.
Because there was concern about perceived
misinformation reaching the city council,
consideration was given to moving the board's
meeting day from Tuesday to one that would
accommodate attendance at city council meetings
whenever PCRB matters appear on its agenda. Since
council work sessions are on Mondays, board
members agreed to take turns attending when
necessary.
Reconsider the board's policy of 'no comment" to the
press.
Legal counsel reported on a conversation he had with
Chief Winkelhake about the recent newspaper
reports, explaining to him that he [the Chief] had
complete control over the language that is used in the
allegations in his reports.
Motion by P. Farrant and seconded by M. Raymond
directing the chair to request a meeting with the city
council at one of their informal meetings in the near
future. Possible discussion points could include the
SOP's, concerns about the media and how it conflicts
with the board's confidentiality obligations, the PCRB
forums, the PCRB 1997-98 annual report, and others.
Motion carried, 5/0, all members present.
Chief's Memo
Dated 12/8/98 After lengthy discussion of the memo (item g. in the
consent calendar and attached hereto) from Chief
Winkelhake regarding identification of officers in his
reports to the board, legal counsel .was directed to inform
the city attorney that, although this information should
not go to the press or the public, board members require
this information to fulfill its statutory obligations for
tracking purposes and for making judgments about an
officer's credibility. Legal counsel will report back to the
board at its next meeting. At that time, a response will
be drafted to the Chief. (This issue is another topic for a
meeting between the board and council members.)
COMMUNITY FORUM
10127198 Comments expressed regarding the community forum
held on 10/27/98 at the Newman Center included:
M. Raymond reported on a contact from an individual
who expressed a feeling of intimidation by the
presence of police officers at the forum.
The information received from the police officers was
useful, but board members would prefer some other
venue to hear from the officers.
At future forums, a rule shall be adopted that all
speakers (including police officers) must sign the sign-
up sheet, talk only at the microphone, and adhere to
the 5-minute rule.
RESCHEDULING
COMMUNITY FORUM
Direction was given to reschedule the community forum
originally scheduled for December 1, 1998 to January
19, 1998, at the Broadway Neighborhood Center.
Legal counsel stated that Chief Winkelhake and the City
Manager preferred this forum not be videotaped. So in
keeping with the board's policy for the last forum,
direction to staff is to only audiotape this forum.
PUBLIC DISCUSSION None
EXECUTIVE
SESSION Motion by J. Watson and seconded by P. Hoffey to
adjourn into Executive Session based on Section 21.5(a)
of the Code of Iowa to review or discuss records which
are required or authorized by state or federal law to be
kept confidential or to be kept confidential as a condition
for that government body's possession or continued
receipt of federal funds, and 22.7{11) personal
information in confidential personnel records of public
bodies including but not limited to cities, boards of
supervisors and school districts, and 22.7(5) police
officer investigative reports, except where disclosure is
authorized elsewhere in the Code. Motion carried, 5/0,
all member present. Meeting adjourned at 9:00 P.M.
Regular meeting resumed at 9:15 P.M.
Motion by P. Hoffey and seconded by P. Farrant to
approve PCRB Public Report #98-17 and forward it to
council. Motion carried, 5/0, all members present.
Motion by P. Hoffey and seconded by J. Watson to grant
the request from Chief Winkelhake for an extention to
December 11, 1998, for his report on PCRB #98-18.
Motion carried, 5/0, all members present.
MEETING SCHEDULE
· Special Meeting December 15, 1998, 7:00 P.M.
· SpeCial Meeting December 22, 1998, 7:00 P.M.
· Special Meeting December 29, 1998, 7:00 P.M.
· Community Forum January 19, 1998, 7:00 P.M.
PCRB priority-setting meeting - to be determined
BOARD
INFORMATION M. Raymond - reported that the Supreme Court ruled
unanimously today that the Iowa statute permitting
searches in traffic citations is unconstitutional.
After general questions regarding the conflict of interest
issue, staff was directed that a general discussion of the
conflict of interest issue appear as an agenda item for a
future meeting.
STAFF
INFORMATION S. Bauer - The "attorney services' on the proposed
PCRB budget has been increased.
ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by
P. Farrant. Motion carried, 5/0, all members present.
Meeting adjourned at 9:23 P.M.