HomeMy WebLinkAbout05-25-1999 CommunicationMa~ ~, ~9 INFORmATiON
CITY OF I0 WA CITY
Catherine A. Pugh
Stein & Pugh L.L.P.
Englert Building
PO Box 2416
Iowa City, IA 52244
Re: Police Citizens Review Board
Dear Catherine:
I have received your letter of April 29, 1999 concerning the proposed amendment to the PCRB
ordinance. Enclosed you will find a revised proposed amendment which addresses the issues
raised in your letter. I will plan on putting first consideration of the proposed ordinance
amendment on the Council's June 15'n agenda. The Council does not meet between May 18
and June 15 and due to other pressing matters I will be unable to do the necessary work to get
this before Council on May 18.
Eleanor M. Dilkes
City Attorney
cc: Marian Karr, City Clerk
R.J. Winkelhake, Police Chief
STeve Atkins, City Managar
Sarah Holecek, First Assistant City Attorney
3. At the conclusion of the Board's review, the Board shall issue a public repod 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". ..... If the complaint is "not sustained" the public report shall not include the
names of the complainant(s~ or the police officer~s~ ' '"'"""
the complaint is sustained the Board may include the names of the complainant(s}
and/or the police officer(s) if it determines that the public interest in such disclosure
outweiqhs the public harm and privacy interests of the complainant(s} and/or police
officer(s), Said determination shall be made in wdtinq aqd shall state, in detail, the
Board's reasons for such determination. The Board shall notify the person(s) whose
name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manaqer if
the Police Chief is the subiect of the complaint}, of its intent to make such disclosure by
confidential written communication sent by re.qular mail or hand delivery at least 10
workinq 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 police off~cer, the Police Chief and the City Manager. (Ord. 97-3792, 7-
15-1997)
eleanor~cornpcode.~oc
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. Continue to simplify reports
3. Explore involvement with national boards or associations.
Networking with national organizations
4. Baseline of information to analyze different types of
reports
5. Encourage diversity within Board membership
6. Ascertain community standards
7. Maintain dynamic tension
8. 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. Address the issue of race and police 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:5/25/99
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
Mr. Frank S. Martinez
404 W. 4th Street
Sterling IL 61081
Dear Mr. Martinez:
This is to confirm your interview for the position of independent legal
counsel with the Iowa City Police Citizens Review Board. The interview is
scheduled for Tuesday, May 25, 1999, commencing at 7:00 P.M. in the
Lobby Conference Room at the Iowa City Civic Center, 410 E. Washington
Street. For your convenience, I am enclosing the following documents:
Chapter 8 of the Iowa City Code
· PCRB By-Laws
· PCRB Standard Operating Procedures
· PCRB Brochure
· Anticipated questions to be asked by Board members
If you need any additional information or have further questions, please call
Sandy Bauer at (319)356-5413 or Marian Kart at (319)356-5401.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
Enclosures
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
May 13, 1999
Ms. Catherine A. Pugh
STEIN & PUGH, L.L.P
Englert Building
P. O. Box 2416
Iowa City IA 52244
Dear Ms. Pugh:
This is to confirm your interview for the position of independent legal
counsel with the iowa City Police Citizens Review Board. The interview is
scheduled for Tuesday, May 25, 1999, commencing at 7:45 P.M. in the
Lobby Conference Room at the Iowa City Civic Center, 410 E. Washington
Street. For your convenience, I am enclosing the following documents:
Chapter 8 of the Iowa City Code
PCRB By-Laws
· PCRB Standard Operating Procedures
PCRB Brochure
· Anticipated questions to be asked by Board members
If you need any additional information or have further questions, please call
Sandy Bauer at (31 9)356-5413 or Marian Karr at (319)356-5401.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
Enclosures
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
,,,o w,,.,,,.,,,on s,,.,
Iowa City IA 52240-1826
(319) 356-5413
May 11, 1999
R. J. Winkelhake, Chief of Police
Iowa City Police Department
410 E. Washington Street
Iowa City IA 52240-1826
Dear Chief Winkelhake:
The PCRB would like to extend its thanks for your appearance at the
Community Forum at the Broadway Neighborhood Center on April 28.
Together with your presentation and the comments from citizens, we feel
the forum was very valuable in assessing the Broadway neighborhood
concerns regarding police policies and procedures
Thanks again for your participation.
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
May11, 1999
Charlotte Bailey
Broadway Neighborhood Center
2105 Broadway Street
Iowa City IA 52240
Dear charlotte:
The PCRB would like to extend its appreciation for all your help with
arrangements for the Community Forum at the Broadway Neighborhood
Center. We feel the forum wes very valuable in assessing the Broadway
neighborhood concerns regarding police policies and procedures.
Thanks again for your assistance.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
I NT E R
MEMO
0 FF I £ E
To'- John Watson
From: Nancy Snider Overstreet
Subject: Grass Roots/Gun Controlq.~C'6-.)
Date: April 29, 1999
This comes under the categoD' of'what if'. Please put on your other hat...Police Advisory
Council Member.
1. We can not correct the world, nation, states of all the ills/perils facing our children.
2. We can set a standard for Johnson County for others to consider.
3. There have been limited gun-buy-back programs. But they are under funded and no
on-going attempt to change the culture.
4. I would guess that there are few persons in Johnson County supporting children having
guns or citizens having access to assault weapons. These areas can be agreed
upon by most citizens and recognize the NRA as a barrier to forward movement
on this.
5. What if...the United Way Agencies, churches, business', PTO's, service organizations,
Johnson County Board of Supervisors, city town councils, ete; linked together to
help sponser an on-going buy-back program. Have this program as a funded
agency of the county (United Way) that persons/business' could contribute to.
6. Each business (peer pressure) would designate a day (yearly) where profits of 1%, 2%,
3% (tax break) was given to this agency as a resource for the gun-buy-back.
7. We recycle, take our paint cans to a special drop off spot...why not drop off guns in the
same way.
8. Have the sports shops & other gun sellers who sell guns participate as eonsultants...not
to take their lively hood away but to help ensure a safer environment for our
citizens and especially our children. Again let peer pressure work. Who can
stand up and say that kids need to have guns?
9. Anyone could bring a gun to the designated location and be given $. Any person who
tells whoever about a gun that a child has, would get $ too.
10. Target hand guns, assault weapons
11.Let the community decide by input from all the agencies involved as to the standards
this county will adopt.
This may be a bit simplistic but does it have to be complicated? We as a community rally for
tornado disasters, school chili suppers, sporting events...why not to get the guns out of the
community?
~ City Council Meeting Schedule and M.y ~., 7999
~'~l cx~ Tentative Work Session Agendas
I May 12 Wednesday
8:00a SPECIAL COUNCIL WORK SESSION Council Chambers
I May 17 '- Monday
6:30p COUNCIL WORK SESSION Council Chambers
6:30p Joint Meeting with Library Board
7:30p Review Zoning Items
8:00p Review Agenda Items
8:10p Workforce Development
8:25p Board and Commission Absence Policy
8:35p Appointment: Police Citizens Review Board
8:45p Council Agenda/Council Time
IMay 18 Tuesday
7:00p FORMAL COUNCIL MEETING Council Chambers
IMay 31 Monday
MEMORIAL DAY - CITY OFFICES CLOSED
I June 14 Monday
6:30p Computer O & A (Council Only) Council Chambers
7:00p COUNCIL WORK SESSION Council Chambers
IOune 15 Tuesday
7:00p FORMAL COUNCIL MEETING Council Chambers
I June 28 Monday
6:30p COUNCIL WORK SESSION Council Chambers
IOune 29 Tuesday
7:00p FORMAL COUNCIL MEETING Council Chambers
Meeting dates/times subject to change
FUTURE WORK SESSION ITEMS
Goosetown Traffic Calming Chutes and Vaults
Transit Interchange Hickory Hill West
Energy Deregulation Englert Theater
Council Goals Free-Standing Signage
1999/2000 Deer Management Plan Animal Microchipping
Circuses and Rodeos Invisible Fences
Liquor Licenses Parking Prohibition/Traffic Calming Guidelines
~.~-;4- DraftflVlay 22, 1999
Annual Report
of the
Police Citizens Review Board
October 1, 1998 to xxxx ,1999
General Responsibilities
The Police Citizens Review Board was created by Ordinance
No. 97-3792 of the City of Iowa City on luly 15, 1997 (amended by
Ordinance No. 99-3877 on April 28, 1999).
The Board 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 by reviewing the Police Department's
investigations into complaints. The Board is also required to maintain
a central registry of complaints and to provide an annual report
setting forth the numbers, types, and disposition of complaints of
police misconduct. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code, the Board's By-Laws~-and tt~e
_PoEce Citizcns Rcvlcw E~ard's Standard Operating Procedures and
Guidelines.
Include John's l/st??
Activities and Accomplishments in Fiscal Year 1999
Meetings
The PCRB holds regular meetings on the second Tuesday and
special meetings on the fourth Tuesday of the month. During FY
1999, to address complaints and handle a variety of administrative
(~,~o~
tasks and outreach activities, the Board actually held,xxxx meetings,
each averaging at least two hours. Board members assigned to review
investigations of complaints and prepare written reports for the City
Council spent up to xxxx hours per complaint to complete these
tasks. The whole Board also devoted about xxx hours to discussions,
preparations, meetings, and presentations related to changes in By-
Laws, SOPs, and the City Ordinance. We estimate that in FY 1999,
Board members dedicated a total ofxxx person hours to the work of
the PCRB.
(Mention desire to hold fewer meetings??)
Administration
Bylaws, Standard Operating Procedures, City Ordinance Changes
During the year, the Board worked with City staff and the
Council to make minor revision to its By-Laws and to obtain formal
approval for the Standard Operating Procedures (SOP) the Board
originally implemented in September 1998. In addition, the City
revised the ordinance under which the Board was established and
operates. During this lengthy process, the full Board and individual
members met a number of times with City staff and the City Council
and the full Board made a formal presentation to the Council,
expressing concerns related to proposed SOP and ordinance
revisions.
(Should we summarize the issues??)
One of the Board's major concerns was that we continue to
have access to information with which to track patterns in complaints
against officers, though not necessarily information that would
identify individual officers. Satisfactory resolutions of this issue and
other matters were ultimately reached and are reflected in the
ordinance amendment passed on April 28, 1999 and in the changes
approved for the SOPs.
Complaint Procedures
To streamline the complaint process for complainants, the
Board redesigned and simplified the complaint form to collect only
essential information. We also initiated development of a simple
message to accompany both the PCRB form and the Police
Department complaint form. This message is being designed to help
complainants choose which form to complete and, thereby, to
designate the process by which their complaints will be handled.
We also developed form letters and procedures for addressing
untimely filed complaints and standardized the content of routine
Board correspondence.
Ordinance 99-3877 extends the time complainants have for
filing complaints from 60 to 90 days of the alleged misconduct.
Time Required to Complete the Complaint Review Process
To complete their review and reporting on complaints in FY
1999, both the Board and the Police Department consistently found it
necessary to request extensions of the time limits specified in the
Ordinance establishing the Board. Both groups requested that these
limits be extended. Ordinance No. 99-3877
~ specifi~ that the Chief's Report to the Board must be
completed within 90 calendar days after a complaint is filed and that
the Board's report to the City Council must be completed within 45
calendar days of receipt of the Chief's Report.
Community Forums
The PCRB held two public forums in FY 99. About 60 people
attended the forum at the Newman Center on December 1, 1998.
Discussion and comments focused mainly on concerns of university
students and a number of Iowa City police officers atttended this
forum.
~'~The"Police Chief made a presentation at the forum held at the
Broadway Neighborhood Center on April 28, 1999. The Board heard
comments from neighborhood young people, landlords, and other
citizens, mainly about
Issues raised at community forums help determine the
direction of Board activities and are addressed in our long-term
goals.
To provide more flexibility in options for future forums, we
modified our By-Laws to permit forums to be held in non-City
buildings.
Complaints
Number and Type of Allegations
The Board received eleven complaints in FY 1999--nine in 1998
and two to date in 1999. We have issued public reports on nine of
these complaints; one was dismissed as not timely filed; one is now
under review. The following data are based on the twenty-eight
allegations in the nine complaints reported on. All nine complaints
contained more than one allegation.
Allegations
Excessive force 5
Rude behavior or "attitude" 4
Racial discrimination / racially
motivated behavior 3
Unreasonable search 3
Disagreement with officer assessment of the situation 3
Unprofessional conduct 2
Unwarranted charges filed 2
No probable cause 1
Arrest for intoxication on private property
Complainant not informed of outstanding warrant
Complainant not permitted to take medication 1
Unnecessary administration of breath test 1
Profanity used 1
Level of Review Selected for FY 1999 Complain ts
The Board decides, by simple majority vote, the level of review
to give each report submitted by the Chief or the City Manager,
selecting one or more of the six levels specified in the city Code:
Level a On the record with no additional investigation 4
Level b Inverview or meet with complainant 0
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 5
City Manager, or request police assistance in
the Board's own investigation
Level e Board performs its own additional investigation 4
Level f Hire independent investigators 0
Complaint Resolutions
Complaints of misconduct of police officers are investigated by
the Police Department. The Police Chief summarizes the results of
these investigations and indicates tn a report (the Chief's Report) to
the PCRB whether allegations are sustained or not sustained. (If
complaints are made against the Chief, the City Manager conducts
the investigation and prepares and submits the report.)
The Board reviews both the citizen's complaint and the Chief's
Report and decides whether the allegations should be sustained or
not sustained. The Board prepares a report for the City Council, with
copies to the Chief, the officers involved, the City Manager, and the
complainant.
Of the twenty-eight allegations listed in the nine complaints for
which Board reports have been released, twenty-six were sustained
and two were not sustained.
Comments on and/or recommendations for improvement in
police policy, procedures, or conduct were made in four of the
Boards' reports. (Should we include the text of these comments?)
Although the Board is not sustaining any of the alle§ations made in
this Complaint, we are concerned that the situation that produced them
escalated very rapidly and perhaps unnecessarily. While acknowledging that
emotions were already intensifying at the time the officer arrived on the
scene, we believe that he could have chosen a course of action that was
more situation sensitive than the one he followed. For example, he could
have chosen to communicate with the assistance of one of the assembled
group who might have been able to calm the situation. He could have
chosen to interpret the complainant's lack of cooperation with his orders as
being the result of fear, panic, shame, or confusion. Since she was dressed
in a manner that did not suggest that she had identification with her, he
could have accompanied her to her apartment, where, it could be presumed,
she would have produced it. I.n other words, he might have exercised more
flexibility about how to fulfill his official, standard responsibilities in the
context of a clearly "nonstandard' situation - one that included a large and
agitated group of people of a different culture, many speaking an unfamiliar
language. Instead, the situation escalated so quickly that it would not be
unreasonable for a lone officer to feel threatened. Indeed, when officer
950831 called for backup soon after arriving on the scene, officer 970106
reported detecting the urgency in his voice.
While it may be unfair to expect the officer to have perceived
immediately that the Africans he was dealing with might have a different
attitude about specifically "who" among a group is responsible for the
welfare of a child, this is an issue that should be part of the training of
police in a community as diverse as ours
Finally, in the emotionally charged atmosphere that developed, the
welfare of the child - the issue the officer had been called to investigate in
the first place - appears to have rapidly become a concern peripheral 'to the
behavior of the complainant.
We support the ChieFs recommendations for department action
concerning further tra!ning in awareness of cultural diversity.
DATED: October 29, 1998
COMMENTS
We question the appropriateness of using plainclothes police officers
in unmarked vehicles for traffic enforcement.
DATED: October 13, 1998
COMMENTS
In his report on PCRB #98-14, the Chief inferred a third allegation in
PCRB Complaint//98-16 that he did not address in his Findings:
unprofessional conduct. Although the Board decided not to refer the
Complaint back to the Chief, it should be noted that this is the second
incident within a six-week period that an allegation of the use of profanity
has been filed against Officer 950828. In this incident, the complainant and
the complainant's wife claim that profanity was used and both officers claim
that it was not. The Board suggests that the Chief make it clear, through
whatever means he deems appropriate, that the use of profanity by officers
while acting in an official capacity is unprofessional conduct.
The complainant had recently had surgery and was in pain. Although
she was loud and emotional with the officers, Officer 950828's response to
her does not appear to have been effective in de-escalating the situation.
Although the Board understands that it is not always possible to prevent any
given situation from escalating, we encourage the Chief to enhance
departmental training in this area.
Finally, as noted in other Board reports involving race-related
allegations, the use of racial terms, or code words such as "you people," is
not the only indicator of racial motivation. We encourage the Chief to
reinforce his efforts to insure racial and cultural neutrality in all department
policies, practices, and procedures.
DATED: November 4, 1998
COMMENTS
The Board considers the Acting Police Chief's plan to provide formal
counseling on public contact and demeanor for the officer to be an
appropriate, positive action.
DATED: December 8, 1998
Name Clearing Hearings
The ordinance requires the Board not issue a report critical of
the conduct of a sworn officer until after a name clearing hearing has
been held. During FY 1999, the Board scheduled two name-clearing
hearings; in both cases, the officers waived their right to the hearing
and did not attend.
Mediation
Officers and complainants are notified by mail that formal
mediation is available to them at any stage in the complaint process
before the Board adopts its public report. Ail parties involved must
consent to requests for mediation. The Board received no requests
for mediation in FY 1999.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB
must not inc. lude the names of complainant~or officers involved in
~:v. stair, e~ complaints and must be in a form that protects the
confidentiality of information about all parties while providing the
public with information on the overall performance of the Police
Department.
In addition, at one of its first meetings, the Board
independently agreed that it did not wish to use the names of officers
or complainants in cases in which complaints are sustained. The
Board and the Police Chief agreed to use only the unique code
numbers the department has assigned to each Iowa City police
officer.
During FY 1999, there was a great deal of debate over a
proposal to discontinue the use of these individual unique identifiers
and replace them with a numbering system that would not have
permitted the Board to identify (by identifying number only)
patterns in complaints against officers. After lengthy deliberations
that included several presentations by the Board, the City Council
agreed not to change the ordinance but to retain the current practice
of preserving officer identity through use of individual unique
identifying numbers assigned by the department.
98~11 950831 (arresting officer); backup officers 790206 and
970106.
98-12 950828
98-14 950828 (arresting officer); backup officer 970103
98-15 891023 and 970106
98-16 950828 and 970103
98-17 910903
98-18 .... ~ 7o ~,z_~
98-19 Officers not identified ~t O 0 ~ L9
98-20 Officers not identified
99-01 N/A (summary dismissal)
Demographics of Complainants
Board Concerns
Long Range Planning/Plans for Fiscal 2000
Board members
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. Continue to simplify reports
3. Explore involvement with national boards or associations.
Networking with national organizations
4. Baseline of information to analyze different types of
reports
5. Encourage diversity within Board membership
6. Ascertain community standards
7. Maintain dynamic tension
8. Visit Police Academy at Camp Dodge
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. Address the issue of race and police 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:5125/99 ~