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HomeMy WebLinkAbout04-27-1999 CommunicationPeter Matthes 510 E. Buffington//3 "~'~..<r Iowa City, IA 52240 ' 319.339.7672 -~="' .r-- April 7, 1999 Iowa City Citizens Review Board 410 E. Washington St. Iowa City, IA 52240 Dear Citizens Review Board: We are writing to, you as a follow up to the presentation that took place at the Iowa City City Council Meeting on March 30th. The City Council was very receptive to the data that we shared about relations between University of Iowa students and the Iowa City Police Department. Our research group of students would like to once again reiterate that this is an extremely important issue to the students of the University of Iowa. Enclosed with this letter is the data that we shared with the City Council. Along with this data we have also included some solutions to this problem. We, as a group, would like to sit down with the Review Board and discuss these solutions. If the Review Board has any questions or comments please contact Professor Arthur Miller at the Iowa Social Science Institute or Peter Matthes at the above address or phone. We look forward to hearing fi.om you. Professor Arthur H. Miller Peter Matthes Enclosures: Problem/Solution Outline, Graphs Talking Points for Presentation on Relations Between the Iowa City Police Department and U of I Students Problems · Students comprise of a third of Iowa City's population · 61% of the students perceive that the attention from the ICPD is negative · This is roughly 18,000 students or about 20% of Iowa City's population · Women perceive the attention towards students as more negative than do males · The difference is 7% which is statistically significant within our study · Negative perceptions are also present in all grade levels · Seniors have a more negative view of the ICPD than Fresbanan · This difference is substantial; 33.8% · Perception of treatment by the ICPD · There is no statistical difference between the percentage of students who felt as though they were treated with respect compare with disrespect · 50.3% treated with respect, 49.7% treated with disrespect · Approximately 17% of Iowa City's residents feel as though they are being treated disrespectfully by the ICPD. · All grade levels also feel as though they had been treated with at least some disrespec~ · Graduate students responded negatively at 50% perceiving disrespect · Females responded much more negatively than males · 56.6% said they or someone they know have been treated with disrespect from the ICPD · 43.4% of males responded as the above females responded · This 13.2% is a statistically significant difference between the two groups 1 ~:~windows~¢sktopLhigh school su~¢y-binge drinking (art's ctass)~talklng points for pres~rltation.doc 03/18/99 Solutions · Sensitivity training · Help to get at the root of the 13.2% difference between males and females · Attack this problem from two fronts · The ICPD and the University community · The UofI · Stepping Up project, continue with current efforts and expand those efforts · Make events at Hancher and other venues more accessible for students · Open up discussion on this topic, refrain from negative comments · Several student liaisons between the U of I and the ICPD · Peer response group that is well known and advertised · The ICPD Open up dialogue between student groups and the police · The Greek system, talk to every house individually · The resident halls, talk to each floor individually · Various student groups that are social in nature, talk to each individually · Provi'de liaisons not only between the University as a whole and the ICPD but a liaison between students and the ICPD · Increase the number of female police officers 2 AGENDA POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM APRIL 28, 1999, 7:00 P.M. BROADWAY NEIGHBORHOOD CENTER 2105 Broadway Street Iowa City ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 COMMUNITY FORUM ITEM NO. 3 R.J. WINKELHAKE, CHIEF OF POLICE ITEM NO, 4 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 5 ADJOURNMENT POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 FOR IMMEDIATE RELEASE CONTACT: April 23, 1999 City Clerk 356-5041 Iowa City Police Citizen Review Board Plans Community Forum The Iowa City Police Citizen Review Board (PCRB) plans a Community Forum to receive community input regarding the Iowa City Police Department's policies, procedures and practices. The Forum will be held on Wednesday, April 28, 1999, from 7:00 to 9:00 P.M. at the Broadway Neighborhood Center, 2105 Broadway Street, Iowa City. Leah Cohen, Chair of the five-member PCRB, said 'This will be our third forum to help us learn if the Iowa City Police Department's performance is in keeping with community standards, and we believe we can best do this by listening to what our citizens have to say." In addition to reviewing investigations of complaints about the police, the Board is also directed to review police practices, procedures and written policies. R. J. Winkelhake, Chief of Police, will make a presentation on the Special Crimes Action Team and other issues of interest to citizens in the Broadway area. Issues raised at the Forum may become agenda items for further public input and discussion at regularly scheduled monthly PCRB meetings (second Tuesday of each month, 7:00 p.m., Lobby Conference Room, Civic Center). It will then be the responsibility of the Board to make appropriate recommendations to the City Council. PCRB Mediation/La-. 1, to Complainant after complaint is filed Date: Name Address City, State, Zip Dear : The Police Citizens Review Board acknowledges receipt of your recent Complaint. I want you to know that in addition to the Iowa City Police Department's investigation and the subsequent PCRB's review, another option available to you is formal mediation. This would occur when all parties agree to meet with a mutually acceptable third-party mediator (non-City staff) in an attempt to reach a resolution of your complaint. This mediator would be a neutral party who is specially trained in mediation. This is offered at no expense to the parties. I would also like to point out that you may meet informally with the police officer who is the subject of your complaint and the department supervisor of the police officer if you wish to do this in an effort to resolve your complaint informally. If you would like to meet with them informally, please call the Chief of Police, R.J. Winkelhake at (319)356-5270. I encourage you to consider either alternative method in an effort to resolve the issues in your complaint. Again, they are available to you at any point during the investigation process. If you are interested in formal mediation, please contact Sandy Bauer at 356-5413 or Marian Karr at 356-5041. Sincerely, Leah Cohen, Chair Police Citizens Review Board cc: R.J. Winkelhake, Chief of Police PCRB PCRB Mediation/Ltr. l(a ~ to Chie£with l(b) 3/9/98 Date Dear Chief Winkelhake: The Police Citizens Review Board has received Complaint # filed on Formal mediation is available at any time during the Police Department's investigation and the PCRB's review upon written consent of the complainant and the police officer(s) involved in this complaint. A letter has been sent to the complainant offering this formal mediation. Would you please present the enclosed letter to the appropriate officer(s) named in the above- mentioned complaint. If he/she expresses an interest in formal mediation, would you please contact the City Clerk's Office, and we will then provide the officer(s) with the mediation packet. Thank you for your assistance in this matter. Sincerely, Leah Cohen, Chair Police Citizens Review Board (Enclosures) cc: PCRB PCRB Mediation/Ltr. 1 (b) - enclosure with 1 (a) 3/9/98 Date: Dear Officer : The Police Citizens Review Board recently received Complaint # I want you to know that in addition to the Iowa City Police Department's investigation and the subsequent PCRB's review, another option available to you is formal mediation. This would occur when all parties agree to meet with a mutually acceptable third-party mediator (non-City staff) in an attempt to reach a resolution of your complaint. This mediator would be a neutral party who is specially trained in mediation. This is offered at no expense to the parties. I would also like to point out that you may meet informally with the complainant if you wish to do this in an effort to resolve this complaint informally. If you would like to meet with the complainant informally, please contact Chief of Police, R.J. Winkelhake. I encourage you to consider either alternative method in an effort to resolve the issues in this complaint. Again, they are available to you at any point during the investigation process. If you are interested in formal mediation, please advise Chief Winkelhake who, in turn, will contact Sandy Bauer at 356-5413 or Marian Karr at 356-5041. Sincerely, Leah Cohen, Chair Police Citizens Review Board cc: PCRB April 16, 1999 ~~'~ Catherine A. Pugh Stein & Pugh CITY OF I0 WA CITY 221½ E. Washington St. Iowa City, lA 52240 Re: Police Citizens Review Board Dear Catherine: Enclosed you will find a proposed amendment to Section 8-8-7(B)(3) of the PCRB ordinance which puts in place a balancing test for the Board's determination of whether it will disclose the names of the complainants and/or the police officers in its public report. The proposed amendment provides that the Board must balance the public interest in disclosure against the public harm and the privacy interests of those persons whose names it intends to disclose. I have included "public harm" as part of the balance because [ can imagine a situation in which disclosure would interfere with an ongoing investigation or compromise a witness's confidentiality. The proposed amendment does not require disclosure of the names of both the complainant and officer, but rather, says "complainant(s) and/or police officer(s)". There may be situations in which the Board believes it appropriate to release the officer's name but not the complainant's name (e.g. sustained allegation of sexual assault). Although the decision to disclose or not to disclose is the Board's, I have included a provision requiring notification to the person whose name is to be disclosed (by SOP, the Board can access the officer's name for this purpose), the Gity Attorney and the Police Ghief (or Gity Manager). The notification to the complainant and/or police officer would give that individual time to express opposition or seek court intervention. The notification to the Gity Attorney and PoLice Chief is in anticipation of those situations where the Board's intended disclosure could have an impact on other matters, such as an ongoing investigation or officer assignment. I look forward to hearing from you. Very truly yours, Eleanor M. Dilkes City Attorney Enclosure cc: Marian Karr, City Clerk Steve Atkins, City Manager R.J. Winkelhake, Police Chief Sarah Holecek, First Assistant City Attorney eleanor~ltr~cp4-15.doc 3. At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". This If the 60melaint is "not sustained" the public report shall not include the names of the complainant or the police officer s unlo ...... '-, .......... If the complaint is sustained the Board may include the names of the complainant(s) and/or the police officerfs~ if it determines that the public interest in such disclosure outweiahs the D~bic harm and privacy interests of the complainantfs) and/or police officer(s). Said determination shall be made in writin_o and shall state, in detail, the Board's reasons for such determination. The Board shall notify the person(s) whose namers) it intends to disclose, the City Attorney and the Police Chief for City Manager if the Police Chief is the subiect of the complaint), of its intent to make such disclosure at least 10 workina days prior to such disclosure. In addition, this public report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the complainant, the aolice officer, the Police Chief and the City Manager. (Ord. 97-3792, 7:15-1997) eleanoCcomp~ode.doc 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 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 April 21, 1999 R. J. Winkelhake, Police Chief 410 East Washington Street Iowa City, IA 52240 Dear Chief Winkelhake: At the City Council and PCRB joint meeting on February 11, there was discussion and general agreement that you would provide an investigation log to the Board on a quarterly basis. Todate we have not received the above mentioned document. We are requesting that the log be provided beginning October 1, 1998 through June 30, 1999. The Board needs as much information as possible by May 1, 1999 to prepare our annual report to Council. Sincerely, Leah Cohen, Chair Police Citizens Review Board POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 April 21, 1999 R. J. Winkelhake, Police Chief Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 Dear Chief Winkelhake: As a result of discussion at the City Council and PCRB joint meeting on February 11, the standard operating procedures have been revised to enable unique identifiers for all reports to the Board. Resolution 99-103 passed by the City Council on March 30 clarified this request in Section V, Identification of Officers, of the attached Standard Operating Procedures and Guidelines. We respectfully request this information be provided to the Board for Complaint #98-18, #98-19, and #98-20 by May 1, 1999, to enable us to prepare our annual report to Council. Sincerely, Leah Cohen, Chair Police Citizens Review Board POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)3~6-5413 March 21, 1999 R. J. Winkelhake, Chief of Police Iowa City Police Department 410 E. Washington Street Iowa City IA 52240 Dear Chief Winkelhake: As a reminder, the members of the Board are looking forward to your attendance at the PCRB Commun!ty Forum on Wednesday, April 28, 1999, at 7:00 P.M., at the Broadway Neighborhood Center. You have agreed to address police related concerns that are inherent to the neighborhood and what measures the police department is taking to deal with them. These concerns and measures could include, but not necessarily be limited to: types and frequency of crimes, police public relations and prevention programs, or enforcement activities which you believe would be of interest to those citizens living in this area of the city. Our understanding is that your presentation, and question and answer portion that follows, will be thirty (30) minutes so that the remainder of the time will be available for comments to the Board. A table top podium will be provided if you wish to use it. Again, Board members are looking forward to your attendance and participation next week. Please feel free to contact me with an questions you may have. Very truly yours, Leah Cohen, Chair Police Citizens Review Board cc: Steve Atkins, City Manager Eleanor Dilkes, City Attorney Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. 99-3877 ORDINANCE AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS' REVIEW BOARD," SECTION 3, ENTITLED ~DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL", SECTION 6, ENTITLED "POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD", AND SECTION 7, ENTITLED "DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES," AND ADDING AN ADDITIONAL SECTION 11, ENTITLED 'TIME COMPUTATION," REGARDING THE TIME LIMIT ALLOWED FOR FILING OF COMPLAINTS AND FOR REPORTS TO THE BOARD AND CITY COUNCIL. WHEREAS, in establishing the Police Citizens' Review Board, the City Council intended that claims of inappropriate conduct by sworn police officers be conducted in a fair, thorough and accurate manner; and WHEREAS, it is in the public interest to extend the time limits for a citizen to file a complaint with the Board, for the Chief of Police or City Manager to submit his or her report to the Board, and for the Board to submit its report to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 8, Chapter 8, entitled UPolice Citizens' Review Board," of the City Code be hereby amended as follows: 1. Title 8, Chapter 8, Section 3, Subparagraph D, is hereby amended by deleting said subparagraph and substituting in lieu thereof a new Title 8, Chapter 8, Section 3, Subparagraph D, as follows: 8-8-3(D): All complaints must be filed with either the Board or the Iowa City Police Department within ninety (90) days of the alleged misconduct. Ordinance No. 99-3877 Page 2 2. Title 8, Chapter 8, Section 3, Subparagraph E, is hereby amended by deleting said subparagraph and substituting in lieu thereof a new Title 8, Chapter 8, Section 3, Subparagraph E, as follows: 8-8-3(E): Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary dismissal by the Board. (Ord. 97- 3792, 7-15-1997). 3. Title 8, Chapter 8, Section 6, Subparagraph E, is hereby amended by deleting said subparagraph and substituting in lieu thereof a new Title 8, Chapter 8, Section 6, Subparagraph E, as follows: 8-8-6(E): The Police Chief's report to the Board shall be completed within ninety (90) calendar days after complaint is filed. The Bo~ird may grant extensions from the deadline for good cause shown. 4. Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 6 is hereby amended by deleting said subsection and substituting in lieu thereof a new Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 6, as follows: 8-8-7(B)(6): The Board's report to the City Council shall be completed within forty-five (45) calendar days of receipt of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. 5. Title 8, Chapter 8, is hereby amended by adding a new Section 11, as follows: 8-8-11: TIME COMPUTATION: In computing time under this Chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the completion of a report falls on a Saturday or Sunday, or a day on which the office of the City Clerk of the City of Iowa City is closed due to a City holiday, the time shall be extended to include the next day on which the office of the Clerk is open to receive the filing of a complaint or the report. IL R . All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. Ordinance No. Page 3 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. ~ECTION IV, EFFECTIVE DATE. This Ordinance shall be in effect after its final pas- sage, approval and publication, as provided by law. Passed and approved this 20thday of April ,19 99 · ATTEST: ~.~j;~ ~ .~.~ CIT~CLERK ved by ~, ~it~ ~t~rney's Office MarymYmisc/pcrb*ord Ordinance No. gg-~R77 . Page 4 It was moved by NOrton and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thombemy X . . Vanderhoef First Consideration 3/30/99 Vote for passage: AYES:Lehman, Norton, 0'Donnell, Thornberry, Vanderhoef, Champion, Kubby. NAYS: None. ABSENT: None. Second Consideration ,4/6/99 Vote for passage: AYES: Champion, Kubby, Lehman, Norton, O'Donnell, Thornberry, Vanderhoef. NAYS: None. ABSENT: None. Date published 4/28/99 The City of Iowa City WHEN: April 28, 1999 TIME: 7:00 P.M.-9:00 P.M. WHERE: Broadway Neighborhood Center 2105 Broadway Street Iowa City SPEAKER: Police Chief Winkelhake Those interested in addressing the Board may sign-up at the forum. The PCRB invites YOU to attend a community forum soliciting comments about policies, procedures, and practices of the Iowa City Police Department. We want to learn if the Iowa City Police Department's performance is in keeping with community standards. R. J. Winkelhake, Chief of Police, will make a presentation on the Special Crimes Action Team and other issues of interest to citizens living in the Broadway area. The PCRB will use suggestions and recommendations from the forum as we determine the focus and direction of our work.