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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 ~