HomeMy WebLinkAbout12-22-1998 Minutes POLICE CITIZENS REVIEW BOARD
MINUTES - December 15, 1998
Lobby Conference Room
CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M.
ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey,
M. Raymond, and J. Watson. Staff present: Legal
Counsel D. Russell and administrative assistant S. Bauer.
CONSENT
CALENDAR Motion by M. Raymond and seconded by P, Hoffey to
adopt the Consent Calendar. Motion carried, 5/0, all
members present.
RECOMMENDATION TO COUNCIL
· Defer action on approval of the PCRB SOP's until after
the Joint meeting between the City Council and the
PCRB
REPORTS BY
LEGAL COUNSEL Legal counsel reported on his meeting with City Attorney
E. Dilkes and Assistant City Attorney S. Holocek. SOP
issues inc[q, ded:
Ordinance change proposed to remove the
complainant's presence from a name-clearing hearing.
Legal counsel reported the board had no
recommendation regarding this issue.
· The right of the complainant to be present for a
summary dismissal discussion concerning either
untimeliness of the complaint or an allegation that the
complaint was not about a sworn Iowa City officer,
Legal counsel explained the board's preference to
have the complainant present and that it should be
the responsibility of the board to keep the discussion
on the issue of the dismissal and not on the
allegations of the complaint. The CiW Attorney
disagreed.
· The requirement that legal counsel for the board be
present at all meetings. The board suggested adding
the language 'to the extent practicable." The City
Attorney did not expect to have a problem with that,
However, legal counsel was asked if a member of his
law firm could fill in when there was an anticipated
absence. This issue is a matter for further discussion.
· When the City Clerk requests a legal opinion about
whether a document would be classified as
confidential or public, and the determination of
whether a telephone-recorded message should be
transcribed or a tape retained. The board had
inquired as to how a differing opinion between the
two attorneys would be resolved. The response was,
in both instances, the City Attorney's opinion will
prevail. This issue is another matter for discussion.
· City Attorney agreed to recommend to the City
Council that it defer further action on the SOP's.
Discussion also included:
· Review of the draft letter to the Chief of Police
concerning confidentiality matters [draft letter was
distributed to board members for approval], who
would then disseminate it to his officers.
, Concern regarding the numbering system of officers
in the Chief's reports. Legal counsel noted the two
reasons the board wants to have this information, (1)
to track an officer through the history of all the
complaints for purposes of determining credibility, and
(2) to be able to track the officers for purposes of the
board's annual reports. The City Attorney disagreed
with this interpretation of the ordinance. This is
another issue for further discussion.
· Legal counsel informed them that the board requested
an informal meeting with the City Council to further
discuss the issues where there is disagreement, and
other matters. This was supported by the City
Attorney.
Legal counsel recommended that board members
prioritize the key issues in preparation for the joint
meeting. He also suggested that members re-read PCRB
Complaint 898-12, the Chief's Report, the board's drafts
and its Final Report.
3
Motion by P. Hoffey and seconded by P. Farrant to
forward the letter on confidentiality matters to the Chief
of Police for dissemination to members of the
department. Motion carried, 5/0, all members present.
S. Bauer reported that the City Council would like to
meet with the PCRB from 7:30 to 9:30 a.m. on
Wednesday, February 3. As there were conflicts with
this time, Bauer was directed to let the Council know of
other options.
Motion by J. Watson and seconded by P. Farrant to
request that the City Council defer action on the SOP's
until after the board has an opportunity to meet with the
Council. Motion carried, 5/0, all members present.
Chair L. Cohen appointed a committee, P. Farrant and P.
Hoffey, to maintain a list of issues and develop a draft
presentation, for the joint meeting with the City Council.
COMMUNITY
FORUM Motion by P. Farrant and seconded by P. Hoffey to
postpone the January 19, 1999 community forum at the
Broadway Neighborhood Center, to a date after the Joint
meeting with the City Council. Discussion followed,
Motion carried, 4/1, Watson opposing.
CONFLICT OF
INTEREST The procedures and rules regarding a conflict of interest
relating to a specific issue, whether it's a complaint or
some other particular matter, were reviewed.
The issue of a general conflict of interest was discussed.
Legal counsel advised, if a board member felt a particular
bias and didn't think he/she could be fair, it is the duty
of the member to declare his/her bias and recuse himself
or let the board decide. It is a fairness judgment.
Discussion followed regarding a recent concern by a City
Council member that L. Cohen could have a general
conflict of interest. Cohen stated she does not feel she
has a general conflict of interest. The manner in which
the board has generally handled these matters to-date is
to speak truthfully and frankly on the record about their
views. It was the consensus of the board that Cohen
has not exhibited any general conflict of interest issues.
PUBLIC DISCUSSION None
EXECUTIVE
SESSION Motion by P. Farrant and seconded by J. Watson 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 8:07 P.M.
Regular meeting resumed at 8:35 P.M.
Chair stated that PCRB Complaint 898-18 has been
assigned to committee for report.
(Chair Cohen recused herself; Vice Chair presiding)
Motion by P. Hoffoy and seconded by M. Raymond to
approve the Chief's request for an extension of time on
#98-19 to January 13, 1999. Motion carried, 4/0,
Cohen absent from ;oom.
(Chair returns to room)
MEETING SCHEDULE
· Special Meeting December 22, 1998, 7:00 P.M.
· Special Meeting January 5, 1999, 7:00 P.M.
· Regular Meeting January 12, 1999, 7:00 P.M.
Meeting with City Council - to be determined
· PCRB priority~setting meeting - to be determined
Community Forum at Broadway Neighborhood Center
- to be determined
BOARD
INFORMATION L. Cohen - Attended City Council work session 12/14/98
to verify request to Council to defer discussion of SOP's
until after joint meeting between PCRB and Council.
P. Farrant - informal conversation with Mayor regarding
general issues,
STAFF
INFORMATION S. Bauer - Volunteered to give presentation to AARP
regarding the PCRB on January 4, 1999. Board
approved.
D. Russell - Contact by Gazette requesting to do a
profile article about his community activities, including
the PCRB. Board approved.
ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by
M. Raymond. Motion carried, 5/0, all members present.
Meeting adjourned at 8:47 P.M.