HomeMy WebLinkAbout07-13-1999 Communication POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
June 24, 1999
R. J. Winkelhake, Chief of Police
Iowa City Police Department
410 East Washington Street
Iowa City IA 52240
Dear Chief Winkelhake:
In its review of the Iowa City Police Department policies, procedures and
practices, the Police Citizens Review Board would like to invite you or a
representative from the department to its regular meeting on Tuesday,
August 10, 1999, to discuss the issue of unmarked cars and plainclothes
police officers in making traffic stops. The meeting will commence at 7:00
P.M. in the Lobby Conference Room. Would you please reply to Sandy
Bauer by July 1 if this date meets your approval.
If there is a written policy on this issue, would you please provide a copy to
the Board (by August 3) to accommodate the Board's review prior to the
August 10 meeting.
Thank you for your continuing assistance.
Sincerely,
Leah Cohen, Chair
Police Citizens Review Board
DRAFT
ANNUAL REPORT
OF THE
POLICE CITIZENS REVIEW BOARD
October 1, 1998 to June 30, 1999
GENERAL RESPONSIBILITIES
The Police Citizens Review Board (PCRB) was created by Ordinance
No. 97-3792 of the City of iowa City on July 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 Standard
Operating Procedures and Guidelines.
PCRB Responsibilities Include:
1. Review all complaints of police misconduct
· Review Chief's Report in a manner that is fair, thorough and
accurate
· issue public report to City Council
2. Help the Chief, City Manager, and City Council evaluate the
overall performance of the Iowa City Police Department (ICPD)
· Maintain a monitoring system for tracking complaints
· Provide an annual report to the City Council
· Review practices, procedures and policies and make
recommendations for change
· Recommend ways for the ICPD to improve community
relations and be more responsive to community needs
3. Assure the citizens of Iowa City that the ICPD's performance is
in keeping with community standards.
· Seek and accept comment, opinion and advice
PC RB Annual Report FY '99 - 7/13/99-l
· Hold periodic community forums to gather public input and
to inform the public
ACTIVITIES AND ACCOMPLISHMENTS FROM 1011198 TO
6130199
Meetings
The PCRB holds regular meetings on the second Tuesday and special
meetings on the fourth Tuesday of the month. To address complaints during
the period covered by this report and to handle a variety of administrative
tasks and outreach activities, the Board held 30 meetings, each averaging
two to three hours in length. Board members assigned to review
investigations of complaints and prepare written reports for the City Council
spent up to four hours per complaint to complete these tasks. The whole
Board also devoted about 16 hours to discussions, preparations, meetings,
and presentations related to changes in BwLaws, Standard Operating
Procedures (SOPs), and the City Ordinance. We estimate that during the
period covered by this report, Board members each dedicated at least 84
hours to the work of the PCRB (for a total of 420 hours).
Administration
Bylaws, Standard Operating Procedures, City Ordinance Changes
During the year, the Board worked with City staff and the Council to
make minor revisions 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.
One of the Board's major concerns was that it 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.
PCRB Annual Report FY '99 - 7/13/99-2
Complaint Procedures
To streamline the complaint process for complainants, the Board
redesigned and simplified the complaint form to collect only essential
information. It also initiated development of a simple message to accompany
both the PCRB form and the Police Department complaint form. This
message was designed to help complainants choose which form to complete
and, thereby, to designate the process by which their complaints will be
handled.
The Board 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 the Board's review and reporting on complaints in the
reporting period covered by this report, 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 specifies
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 during the reporting period covered
by this report. Approximately 60 people, including a number of Iowa City
police officers, attended the forum at the Newman Center on December 1,
1998. Discussion and comments focused mainly on concerns of university
students.
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 neighborhood concerns.
Issues raised at community forums help determine the direction of
Board activities and are addressed in its long-term goals.
PCRB Annual Report FY '99 7/13/99-3
To provide more flexibility in options for future forums, the Board
modified its By-Laws to permit forums to be held in non-City buildings.
Complaints
Number and Type of Allegations
The Board received thirteen complaints in the reporting period covered
by this report, nine in calendar year 1998 and four to date in calendar
year1999. Nine public reports have been issued by the Board; one was
dismissed as not timely filed; three are 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 charged filed 2
No probable cause 1
Arrest for intoxication on private property 1
Complainant not informed of outstanding warrant 1
Complainant not permitted to take medication 1
Unnecessary administration of breath test 1
Profanity used 1
Level of Review Selected for Complaints Covered in this Report
The Board decided, 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:
10/1/98 to
6/30/99
Level a On the record with no additional investigation 4
Level b Interview 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
PCRB Annual Report FY '99 - 7/13/99-4
Complaint Resolutions
Complaints of misconduct of police officers are investigated by the
Police Department. The Police Chi,el summarizes the results of these
investigations and indicates in 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 reports.)
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 not sustained and two
were sustained.
Comments and/or recommendations for improvement in police policy,
procedures, or conduct were made in four of the Board's reports. The
following is a synopsis of the Board's comments and recommendations:
· An officer was summoned to a situation that was complicated by
cultural and language differences. The Board recommended that
officers receive further training in awareness of cultural differences,
and suggested that officers exercise more flexibility when
responding to clearly "non-standard" situations.
· The Board questioned the appropriateness of using plainclothes
police officers in unmarked vehicles for traffic stops.
· The Board suggested that the Chief make it clear that the use of
profanity by officers while acting in an official capacity is
unprofessional conduct; that the Chief enhance training in methods
to de-escalate situations and to prevent escalation, and; that the
Chief reinforce efforts to insure racial and cultural neutrality in all
policies, practices, and procedures.
· The Board concurred with the Chief's plan to provide formal
counseling on public contact and demeanor for an officer.
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 the period covered in this report, the Board scheduled two name-
DCRB Annual Report FY '99 7/13/99-5
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. All parties involved must consent to request for
mediation. The Board received no requests for mediation during the
reporting period covered by this report.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not
include the names of complainants or officers involved in unsustained
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 the reporting period covered by this report, 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.
Complaint Histories - 10/1/98 to 6/30/99
Of the ten complaints this report addresses, eleven officers were
named. One officer was cited in four of these complaints, and one officer
was cited in two. The remaining officers were each cited once.
DEMOGRAPHICS OF COMPLAINANTS
The following demographic information provides information from the 10
complaints for which the Board has submitted its report to the City Council.
PCRB Annual Rcpor~ FY '99 7/13/99-6
Because demographic information is provided voluntarily, the Board has
incomplete information to report. Of the ten complaints, eight complainants
provided some demographic information.
Age:
Under 21 - 1 complainant
Over 21 - 6 complainants
Unknown - 3 complainants
Color:
White - 4 complainants
Black - 2 complainants
Unknown - 4 complainants
National Origin:
US 1
African 1
Irish 1
German 1
Unknown 6
Gender Identity:
Male - 4
Female * 2
Unknown - 4
Sex:
Male 4
Female 4
Sexual Orientation:
Heterosexual - 3
Unknown - 7
Marital Status:
Married - 3
Unknown - 7
Mental Disability:
No - 4
Unknown - 6
Physical Disability:
No 4
Unknown - 6
Religion:
Agnostic - 1
Catholic - 2
Unknown - 7
Race:
Unknown - 18
PCRB Annual Report FY '99 - 7/13/99-7
Some of the demographic information reported was not necessarily provided
in the demographic area of the complaint form, but rather from the first page
of the complaint form which identifies the complainant.
BOARD CONCERNS, ISSUES .
The Board concerns and issues include:
1. Continue to monitor and address issues related to race-based traffic
stops and other race-based (profiling) issues in policing; closely
monitor data results collected by the ICPD.
2. The need to finish work on the information "card" to be distributed
with complaint forms, and to specify uniform procedures for
distribution.
3. The continuing concern from last year on the limits on the authority of
the board and deferential standard of review.
4. Continue to work on process to get appropriate level of data on all
written complaints filed on Police Department complaint forms
5. Continue to work on specific areas of concern with respect to
department policies, procedures, practices:
· Interview techniques
· Acquisition of written transcripts of officer statements
· Participation of officers in name-clearing hearings
PCRB GOALS FOR FISCAL YEAR 2000
I. Mission
A. Review complaints of police misconduct
B. Help ensure that police department is responsive to community
needs
I1. Goals
A. Board Education
· Hold forums (minimum of two a year)
· Continue to streamline Board procedures
· Continue to look at involvement with national boards and
associations
· Establish a baseline of information to analyze different types
of reports
· New Board member briefings
· Visit Police Academy at Camp Dodge
PCKB Annual Report FY '99 - 7/13/99-8
B. Community Education
· Hold forums
· Provide information aimed at improving officers'
understanding of tha Board's function and educating the
public about the PCRB
C. Policy/Practice/Procedure (PPP) Review
· Review general police policies, procedures and practices, to
include the use of force
· Address the perception of discriminatory enforcement
· Community relations
COMMISSION MEMBERS
Leah Cohen, Chair
John Watson, Vice Chair
Patricia Farrant
Paul Hoffey
Margaret Raymond - resigned, effective June 1, 1999
PCRB Annual Repo~ FY '99 - 7/I 3~99-9
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
TO: PCRB Members
FROM: Sandy Bauer
RE: Annual Report (shortened version)
DATE: 7/9/99
At Leah's request, I have prepared a shortened version of the Board's Annual
Report to the City Council. The version I have prepared will be used in the
City's publication, Annual Report of Boards & Commissions, and is in
keeping with the formatting in this publication. I have prepared this in draft
form for your comments and suggestions. Particular attention should be
given to Concerns and Goals as I have shuffled them around in this version.
I also added the hiring of new legal counsel under the caption
A ccomplishmen ts.
DRAFT - 7/13/99
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
The Police Citizens Review Board (PCRB) was created by Ordinance No.
97-3792 of the City of Iowa City on July 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 and issuing a public report
of each investigation to the City Council. The Board periodically reviews the
Iowa City Police Department (ICPD) policies, procedures and practices and
makes recommendations for change; it also recommends ways for the ICPD
to improve community relations and be more responsive to community
needs. 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. The Board has a
responsibility to assure the citizens of Iowa City that the ICPD's performance
is in keeping with community standards by seeking and accepting comment,
opinion and advice, and holding periodic community forums to gather public
input and to inform the public. To achieve these purposes, the Board
complies with Chapter 8 of the Iowa City Code, the Board's By-Laws and its
Standard Operating Procedures and Guidelines.
ACCOMPLISHMENTS FROM 10/1/98 TO 6~30/99
· Worked with City staff and the City Council to make a revision to the
PCRB By-Laws, allowing community forums to be held in non-City
buildings.
· Board members made a formal presentation to the City Council
expressing concerns related to its proposed Standard Operating
Procedures (SOPs) and ordinance revisions. One of the Board's major
concerns was that it continues 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.
· Ordinance 99-3877 amended three sections of the City Code:
1. 8-8-3 D & E extends the time complainants have for filing PCRB
complaints from 60 to 90 days of the alleged misconduct.
2. 8-8-6 E extends the time that the Chief's Report to the Board must be
completed from 30 days to .90 calendar days after a complaint is filed.
3. 8-8-9 B.6 extends the time for the Board to submit its report to the
City Council from 30 days to 45 days of receipt of the Chief's Report.
· Redesigned and simplified the complaint form to collect only essential
information.
· Initiated development of an information "card" to accompany both the
PCRB complaint form and the Police Department complaint form. This
card should help complainants choose which form to complete and,
thereby, to designate the process I~y which their complaints will be
handled.
· Develop form letters and procedures for addressing untimely filed
complaints.
· Standardized the content of routine Board correspondence.
· Held two community forums during the reporting period covered by this
report:
1. Approximately 60 people, including a number of Iowa City police
officers, attended the forum at the Newman Center on December 1,
1998. Discussion and comments focused on concerns of university
students.
2. 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 neighborhood concerns.
Issues raised at community forums help determine the direction of Board
activities and are addressed in its long-term goals.
· Upon the resignation of the Board's legal counsel, a new independent
counsel was hired to furnish legal advice and guidance.
COMPLAINTS
The Board received thirteen complaints in the reporting period covered by
this report, nine in calendar year 1998 and four to date in calendar year
1999. Public reports were issued on nine of these complaints, one was
dismissed as not timely filed, and three are now under review. Of the nine
complaints for which the Board completed its review, 28 allegations were
listed on the citizen complaint forms. All nine complaints contained more
than one allegation. Of the 28 allegations listed in the nine complaints for
which Board reports have been released, 26 were not sustained and two
were sustained.
Comments and/or recommendations for improvement in police policy,
procedure or conduct were made in four of the Board's reports. The
following is a synopsis of the Board's comments and recommendations:
· An officer was summoned t,o a situation that was complicated by
cultural and language differences. The Board recommended that
officers receive further training in awareness of cultural differences,
and suggested that officers exercise more flexibility when responding
to clearly "non-standard" situations.
· The Board questioned the appropriateness of using plainclothes police
officers in unmarked vehicles for traffic stops.
· The Board suggested that the Chief make it clear that the use of
profanity by officers while acting in an official capacity is
unprofessional conduct; that the Chief enhance training in methods to
de-escalate situations and to prevent escalation; and that the Chief
reinforce efforts to insure racial and cultural neutrality in all policies,
practices and procedures.
· The Board concurred with the chief's plan to provide formal counseling
on public contact and demeanor for an officer.
During the period covered in this report, the Board scheduled two name-
clearing hearings. In both cases, the officers waived their right to the
hearing and did not attend.
The Board received no requests for mediation during the reporting period
covered by this report,
Of the ten complaints this report addresses, eleven officers were named.
One officer was cited in four of these complaints; one officer was cited in
two; the remaining officers were each cited once.
CONCERNS OF THE BOARD
1. The Board continues to be concerned about the limits on its authority
and deferential standard of review. The PCRB can only recommend
changes in the Chief's reports if it concludes that those findings are
unsupported by substantial evidence; are unreasonable, arbitrary or
capricious, or are contrary to law. The PCRB has some concerns
about its ability to review complaints in light of community standards
given its deferential standard of review.
2. The Board continues to be concerned about acquiring the appropriate
level of data on all written complaints filed on Police Department
complaint forms.
3. With respect to Police Department policies, procedures and practices,
the Board is concerned in specific areas, to include:
· Interview techniques
· Acquisition of written transcripts of officer statements
· Participation of officers in, name-clearing hearings
PLANS FOR FISCAL YEAR 2000
· Continue to investigate complaints and issue public reports to the City
Council
· Continue systematic review of Police Department policies, procedures and
practices, to include the use of force
· Continue to hold community forums
· Continue to streamline board procedures
· Continue to look at national boards and associations
· Establish a baseline of information to analyze different types of reports
· Conduct new board member briefings
· Visit the Police Academy at Camp Dodge
· Provide information aimed at improving officers understanding of the
Board's function and educating the public about the PCRB
· Continue to monitor and address issues related to race-based traffic stops
and other race-based (profiling) issues in policing; closely monitor data
results collected by the ICPD
· Complete work on the information "card" to be distributed with complaint
forms, and to specify uniform procedures for distribution
· Community relations
COMMISSION MEMBERS
Leah Cohen, Chair
John Watson, Vice Chair
Patricia Farrant
Paul Hoffey
Margaret Raymond {resigned, effective June 1, 1999)
(A more detailed report was submitted to the city Council in August 1999.)
4