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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