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
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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.