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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.