HomeMy WebLinkAbout04-13-1999 Communication PRELIMINARY PCRB PRIORITY-SETTING GOALS
I. Mission
A. Review complaints of police misconduct
B. Help ensure that police department is responsive to community
needs
II. Goals
A. Board Education
1. Hold forums (minimum of two a year)
2. Explore involvement with national boards or associations.
Networking with national organizations
3. Baseline of information to analyze different types of
reports
4. Encourage diversity within Board membership
5. Ascertain community standards
6. Maintain dynamic tension
7. Visit Police Academy at Camp Dodge
B. Community Education
1. Hold forums (minimum of two a year)
2. Continue to simplify reports
3. Improve officers understanding of the board's function
4. Educate public about PCRB
5. Downtown police enforcement
C. Policy/Practice/Procedure Review (PPP)
1. Monthly policy review with response by department
2. Deal with the issue of racially discriminatory enforcement
3. Assist the department in improving internal investigations
4. Downtown police enforcement
5. Communication between department and public
6. Use of Force
7. Training in the department
PCRB Goals:sb:4/13/99
1016 Denbigh Drive
Iowa City, Iowa 52246
April 6, 1999
Hon. Ernie Lehman
Mayor
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Dear Mayor Lehman:
I am writing to inform the City Council that I will be resigning from the Police Citizens
Review Board effective June 1, 1999. My husband has taken a job in India next year and I am
taking a leave from my appointment at the University to accompany him. Accordingly, it will be
impossible for me to continue my participation on the Board. I apologize for any inconvenience
this may cause.
I am grateful to the City Council for giving me the opportunity to serve our community as
a member of the Board. I will miss working with my wise and committed colleagues on the
many important issues facing the Board.
Yours very truly,
Margaret Raymond
cc: Marian Karr, City Clerk
Leah Cohen, Board chair
~r ?,~ 03-30-99 J
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 99-103
RESOLUTION TO ADOPT AMENDED STANDARD OPERATING
PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS
REVIEW BOARD,
WHEREAS, Ordinance 97-3792 establishing the Police Citizens Review Board requires final
approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and
WHEREAS, on January 12, 1999 the City Council adopted such standard operating procedures
and guidelines; and
WHEREAS, the Police Citizens Review Board objected to said procedures with regard to
identification of officers and the procedure for summary aismissal; and
WHEREAS, subsequent to the adoption of the standard operating procedures and guidelines
attorneys for the PCRB and the City Council discussed the outstanding issues and at a joint
meeting of the City Council and the PCRB on February 11, 1999 tentative agreement was
reached concerning the outstanding issues, and amendments to the standard operating
procedures were given informal approval by a majority of Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Iowa City Police Citizens Review Board standard operating procedures and guidelines
dated March 5, 1999 are hereby adopted, as attached.
Passed and approved this 30th dayof blab'ch ,19 99 ·
.~oroved by
ClT~ CLERK City Attorney's Office
It was moved by Kubb,y and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norlon
X O'Donnell
X Thornberry
× Vanderhoef
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
[ Proposed Revisions 3~5~99]
The PCRB was established to assure that investigations into
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 Deportment'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 Citizens Review Board's Standard Operating
Procedures and Guidelines.
PCRB SOP 4/99
TABLE OF CONTENTS
Page
I. Complaint Process ..................................................................................... 1-2
II. Formal Mediation Guidelines and Procedures ........................................... 2
III. Meetings ................................................................................................... 3-4
IV. Complaint Review Process ....................................................................... 5-6
V. Identification of Officers ................................................................................ 6
VI. Review of Policies, Procedures and Practices of the Iowa City
Police Department ........................................................................................ 6
VI. Annual Repod ........................................................................................... 6
VII. General ...................................................................................................... 7-8
VIII. Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens
Review Board
B. Iowa City Police Citizens Review Board By-Laws
C. City of Iowa City Police Citizens Review Board Guidelines and
Procedures for Formal Mediation
D. Section 21 of The Code of Iowa Official Meetings Open to
Public (Open Meetings)
E. Section 22 of The Code of Iowa, Examination of Public
Records (Open Records)
F. Police Citizens Review Board Complaint Form
PCRB SOP--4/99
i. 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 of Iowa City.
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 and other identifying information deleted, although
the reports of the Police Chief and City Manager shall identify the officers by number as
set forth in Section V of these procedures.
Procedure for complaints subject to summary dismissal
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer 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 or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
regular or special meeting.
3. A copy of the complaint shall be provided to Board members in the next
meeting packet;
4. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the PCRB at a public meeting or an interview of
the complainant at a public meeting.
PCRB SOP-2/99 - 1
5. Upon the Board's determination that additional information is not
necessary to determine whether the complaint should be summarily
dismissed or, upon completion of the investigation determined necessary
to make such decision, the Board shall, by motion in open session, vote
to determine whether the complaint will be dismissed under Section 8-8-3
(E) of the ordinance. The Board shall not discuss the facts or substance
of the complaint at said open meeting.
6. If the Board dismisses the complaint 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 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
dismissed 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 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 prior to the Board's
issuance of its report to City Council..
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 March 10, 1998 and made a part hereof.
PCRB SOP-2/99 - 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. To the extent practicable, legal counsel for the PCRB shall attend all meetings of
the Board.
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic
meetings.". "Electronic meetings" as defined in this section presumes
electronic participation is necessary for a quorum.
PCRB SOP-2/99 - 3
2. Electronic participation in meetings. A member may participate by
electronic means when the member's presence is not necessary for a
quorum, and said member shall have all rights as if participating in
person..
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. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, she shall notify both the City Attorney's
Office and counsel to the PCRB of the request.
3. All records of the Board shall be public except as specifically provided for
in Chapter 22, The Code and in the PCRB By-Laws.
4. Confidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint.
See By-Laws Vll.l(a).
5. Confidentiality of the minutes and tape recordings or closed sessions.
See By-Laws Vli.l(b).
6. Confidentiality of mediation matters. See By-Laws VIl.l(d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings Law. See By-Laws VIl.l(c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The Code of Iowa,
Official Meetings Open to Public (Open Meetings).
N. Conflicts of Interest and Ex Parle Contacts
1. Conflicts of Interest. See By-Laws V.9.
2. Ex Parte Contacts. See By-Laws, V.8.
PCRBSOP-2~9-4
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. The
Board shall notify the Complainant and the Police Chief, or the City Manager if
the complaint is against the Chief, of the selected level of review. The Chief shall
notify the officer of the selected level of review.
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 or waived by the police officer. Refer to
Section 8-8-7 B.4 of the City Code.
E. Name-clearing hearing procedure
1. If the Board determines that the comments or findings contained in its proposed report will
be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing
hearing prior to the issuance of the Board's report to Council.
2. The Board shall select a proposed date for the name-clearing hearing.
3. Written notice of the date, time and place of the name-clearing hearing shall be given to the
officer no less than ten working days prior to the date set for hearing. The notice to the
officer should be transmitted via the Chief of Police. The notice to the officer shall provide a
written response form for the officer to demand or waive the name-clearing hearing. Said
written response form shall also allow the police officer to state whether he or she requests
an open or closed session.
4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for
hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall
be convened. If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will first determine
whether the hearing shall be open or closed. If the officer requests a closed session, the
Board shall close the session pursuant to motion specifically identifying Section 21.5(1)(i)
and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a
closed session the session shall be open except where closure is appropriate pursuant to
Section 21.5(1 )(a).
PCRB SOP-2/99 - 5
7. At the hearing the Board shall advise the officer of the Board's proposed criticism(s) and
evidence supporting the same. The officer shall be given the opportunity to be heard and to
present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the
officer, the Board changes its level of review, it shall issue a new written notice pursuant to
subparagraph B. hereof. If, following said change, the proposed report is critical of the
sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer
pursuant to the name-clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to participate in, a 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 repods shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the PCRB
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, Identification of Officers
1. The reports of the Police Chief and the City Manager to the Board will identify the
officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, the Board
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
the Board. The Board reserves the right, however, to identify the officer in a
sustained complaint pursuant to Section 8-8-7(B) of the City Code and may
obtain the officer's name from the City Clerk for this purpose.
2. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by the Board as evidence of misconduct.
PCRB SOP-2/99 - 6
VI. 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 11 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.
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.
B. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VII. 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.
VIII. 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.
E. Requests for information 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 the number of telephone calls and in-office
contacts which come directly to the PCRB office, the general substance of such
contacts, and their disposition.
PCRB SOP-2/99 - 7
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 for the
PCRB and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
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PCRB SOP-2/99 - 8