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HomeMy WebLinkAbout04-27-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - April 13, 1999 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, and M. Raymond. Board member absent: J. Watson. Staff present: Interim Legal Counsel Catherine Pugh, and City Clerk Marian Karr. CONSENT CALENDAR Motion by M. Raymond and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 4/0, Watson absent. RECOMMENDATION TO COUNCIL None COMPLAINT FORMS P. Farrant distributed a revision draft (4/9/99) of the information cover sheet to be attached to the Police Department complaint form and the PCRB complaint form, utilizing "a" through "f" of City Atty. Dilkes correspondence of 3/23/99. Chair stated City Atty. Dilkes had indicated previously that officers are compelled to comply with the interviewing process, but the officer doesn't have to agree to allowing those interviews to be seen by the PCRB. M. Raymond requested that besides consulting the statute for further information, that the telephone number and address of the City Clerk's office be provided on the form. In response to whether formal investigations are considered as non-public confidential records, Farrant replied that the investigation, meaning the whole process, not just the outcome, is considered a non-public confidential record. Motion by P. Hoffey and seconded by M. Raymond to approve the Information Sheet, as amended, and send it to the City Attorney for review. Motion carried, 4/0, Watson absent. COMMUNITY FORUM A final draft of the notice for the Broadway Neighborhood Community Forum was approved by the Board. Notice distribution will include: · 100 notices to the Neighborhood Center · City buildings · Media mailboxes · JC News · Internet Staff was directed to prepare a press release for distribution to media on Friday, April 23, with release on Monday, April 26. Board members requested that each receive 12 copies of the notice in their next meeting packet. M. Karr explained the room setup procedures and recommended that staff hire a City crew to accommodate this; the Board agreed. Take-down will be done by City staff prior to 9:00 a.m. the next day. Board members will sit at a table in the front of the room; a small table-top podium will be provided for speakers. Sign-up sheets will be provided at the door and at the podium. The Chair will encourage speakers to limit their remarks to five minutes. Chair directed staff to prepare a followup letter to Chief Winkelhake confirming his participation at the forum. STATUS RE NEW LEGAL COUNSEL To-date, one application has been received. Deadline for receipt of applications is April 19, 1999. ANNUAL REPORT PLANNING Initial information regarding the annual report was discussed by the subcommittee, L. Cohen and P. Farrant. Discussion followed regarding the two draft letters to the Chief. Cohen directed staff to amend the two draft letters to the Chief: 1. To obtain the unique identifiers in PCRB Complaints //98-18, //98-19 and //98-20 2. To receive a copy of the Police Department's investigative logs, as discussed and agreed with the City Council. This letter should include dates of the board's annual report beginning October 1, 1998 through June 30, 1999. Both letters shall reflect a deadline of May 1, 1999 to receive the information. POLICE DEPARTMENT INVESTIGATIVE INTERVIEWS Committee member Raymond stated that the general topics related to Police Department investigative interviews are not confidential, but the references to specific materials in case files is confidential and will be discussed in executive session. Committee members M. Raymond and P. Hoffey agreed to review actual interview reports received by the Board and point out those places where they thought matters arose that raised some issues that some constructive discussions could be had. From here, they would go from particular examples to some more general categories of some of the things that they see happening. They would both talk about the kinds of issues that they see in these interviews and, assuming the Board agreed, they would then meet with the Chief, raise some of the issues and talk about why the Board is concerned about them and start some dialogue about these issues. The Board's concern derived from the manner in which some of the interviews are being conducted by the investigators. The Board felt this is an issue that should be studied by the Board and subsequently that task was given to the committee. The end result is that the Committee should take the information and arrange a meeting with the Chief and call these to his attention so that he is aware of concerns and hopefully will make the necessary corrections in futute interviews. The categories of concern include: 4 · Instances in which the witnesses or complainants are led by the interviewer; · There's some asymmetry in the adversarial nature of the questioning - the complainants are questioned more critically, but the officers are not. · Lack of consistency. The reason for the interview should remain the same from the beginning to the end. · There were some motives divulged that were not consistent with the purpose of the interview, which is suppose to be whether or not there was misconduct on behalf of a police officer; · What do department investigators perceive as their role in these investigations; is this a different role than the usual role of investigating criminal activity. · Tone of interviews and the manner in which complainants and witnesses are addressed. After Board discussion, the committee was directed to move forward to meet with the Chief, with the goal being consciousness-raising about these concerns, and explaining that the Board has to see some consistency in the interviewing process. To assure the Board that the investigative techniques are proper, it will request the opportunity to review all the investigative interviews for all the complaints that are put before the Board in the future. The committee will report back to the Board with the results of their meeting with the Chief. FORM LETTERS FOR UNTIMELY COMPLAINTS Motion by P. Farrant and seconded by P. Hoffey to accept the form letters and PCRB Final Report for untimely complaints, as amended. Motion carried, 4/0, Watson absent. M. Raymond requested that the form letters for mediation be put on the next agenda for review. MEETING SCHEDULE · Special Meeting April 27, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center, April 28, 1999, 7:00 P.M. · Regular Meeting May 11, 1999, 7'00 P.M. · Special Meeting May 25, 1999, 7:00 P.M. · Regular Meeting June 8, 1999, 7:00 P.M. · Special Meeting June 22, 1999, 7:00 P.M. PRIORITY SETTING GOALS M. Raymond requested that all correspondence from the Board remain formal; first names should never be used. P. Hoffey noted the need to prioritize the list of priority setting goals. Under the three categories listed, a number of objectives are listed, but the Board cannot accomplish all of those objectives in one year. The board needs to put them in order and see what we want to accomplish by the end of this year. Chair directed that this item appear on the agenda for the next meeting and each Board member should come with their list of priorities. Chair directed staff to provide another copy of the Preliminary PCRB Priority Setting Goals in the next meeting packet. PUBLIC DISCUSSION None BOARD INFORMATION L, Cohen - stated M. Raymond's resignation letter went to Council; resignation is effective June 1. A new appointment will be made by Council on May 18. Raymond noted that this is an appointment to fill the remainder of her term. Cohen also confirmed that the Board's SOP's have passed. The ordinance will have it's final reading April 20 and it will be published the 28th, which will be the effective date. STAFF INFORMATION M. Karr - reported on one call to the PCRB office. C. Pugh - She had to an inquiry from a Board member where the question was raised whether that member should participate in this evening's discussion in executive session since some of those specific examples related to a complaint where she recused herself for conflict of interest. It is Ms. Pugh's opinion that a person with a former conflict on a specific complaint can participate in an executive session discussion regarding policy, procedure or practice (PPP) where there is no action pending on a particular report. She further stated that information doesn't need to be shielded from board members, even if they were not present for discussions of the complaint where that information was discussed, as long as we're talking about a general policy rather than a particular complaint. Unless you're talking about recommendations for action, that person would not have to be kept away from the examples you're discussing in executive session. POLICE DEPARTMENT INVESTIGATIVE INTERVIEWS Motion by P. Hoffey and seconded by M. Raymond to adjourn to 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; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Watson absent. Open meeting adjourned at 8:15 P.M. Regular meeting resumed at 8:45 P.M. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by M. Raymond. Motion carried, 4/0, Watson absent. Meeting adjourned at 8:45 P.M.