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HomeMy WebLinkAbout01-25-2000 Communication POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City iA 52240-1B26 (319)356-5413 January 13, 2~J00 Emie Lehman, Mayor City of Iowa City 410 E, Washington Street Iowa City, Iowa 52240 Dear Emie: First, congratulations on your selection as Mayor. Your leadership of the Council over the past two years is greatly appreciated and we look forward to working with you in 2000 and 2001, As you know, the Iowa City PCRB will "sunset" in September of 2001, just before the next city elections. This means that the current members of the Council will decide whether the PCRB will continue to function beyond the sunset date. This will be a very important decision. The members of the PCRB would like to request a joint informal session with the entire Council as soon as your calendar will permit. The purpose of the me, eting would be to review the purpose and goals of the PCRB, to give of summary of activities and accomplishments in 1999, and to disenss some issues of concern to the Board. We feel it would be helpful for Pat Fan-ant, our Vice Chairperson, and I to meet with you and Steve Atkins to decide on a specific agenda for the joint meeting. If you agree, I will ask Sandy Bauer, our Administrative Assistant, to arrange a meeting time and place. The Board also discussed whether it would be helpful and appropriate for one or two members of the PCRB to meet informally with the three new Council members, individually or together, to bring them "up to speed" on the ordinance and PCRB procedures prior to the joint meeting. We would appreciate your opinion on this matter. I can be reached at work by phone (337-4158) or e-mail (iwatson(~_,goodwillseiov&.org) or at home (337-9225 and watson.}ohn~_,mcleodusa.net). We look forward to your reply. Sincerely, John Watson Board Chairperson Cc: Steve Atkins 8-8-1 8-8-2 CHAPTER 8 POLICE CITIZENS REVIEW BOARD SECTION: 8-8-2: INTENT, GOALS AND GUID- ING PRINCIPLES: 8-8- 1: Creation Of A Police Citizens Review Board A. investigations into claims of inappro- 8-8- 2: Intent, Goals And Guiding priate conduct by sworn police officers Principles will be conducted in a manner which 8-8- 3: Definition Of Complaint; is fair, thorough, and accurate. Complaint Process In General 8-8- 4: Formal Mediation B. An annual reporting system regarding 8-8- 5: Police Department And Police complaints against sworn police offi- Chief investigatory Duties; City cars will be established to give the Manager Investigatory Duties City Council sufficient information to 8-8- 6: Police Chief's Report To The assess the overall performance of the Board; City Manager's Report Iowa City Police Department in these To The Board matters. 8-8- 7: Duties Of The Board; Complaint Review And General Duties C. The Board will: 8-8- 8: Board Composition; Limited Powers Of The Board 1. Oversee a monitoring system for 8-5- 9: Police Officer's And tracking receipt of complaints lodged Complainant's Rights against sworn police officers; Preserved 8-8-10: Sunset Clause 2. Provide oversight of police investi- 8-8-11: Time Computation gations through review of such investi- gations; (Ord. 97-3792, 7-15-1997) 3. Provide the opportunity for a hear- 8-8-1: CREATION OF A POLICE CIT- lng to the police officer if the Board's IZENS REVIEW BOARD: As findings on the complaint are critical permitted under Iowa's home rule authority, of the police officer, as required by the City hereby creates a Police Citizens constitutional law, and give the police Review Board, to be hereafter referred to officer the opportunity to present testi- as the "Board", subject to the duties and mony and evidence; (Ord. 98-3865, limited powers set forth herein. (Ord. 12-15-1998) 97-3792, 7-15-1997) 4. issue a final public report on each complaint to the City Council which sets forth factual findings and a writ- ten conclusion which explains why and the extent to which the complaint 1099 Iowa City 8-8-2 8-8-2 is either "sustained" or "not sus- Formal mediation shall be available to tained", the complainant(s) and the police officer(s) at any time during the pro- D. The Board shall have no authority cess. over police disciplinary matters be- cause only the Police Chief or City I. The Board shall not intedere with or Manager may impose discipline under diminish the legal rights of sworn Iowa law. police officers, including those rights protected under the union contract, E. No findings in the Board's report shall Civil Service Commission, and State be used in any other legal proceeding, and Federal law. Similarly, the Board shall respect the rights of privacy and F. The Board shall only review the con- freedom from defamation shared by duct of sworn police officers and shall complainants and witnesses, as well only act in a civil, not criminal, capaci- as those same rights enjoyed by po- ty. The Board is not intended to be a lice officers under the law. court of law, a tort claim process or other litigation process. No action of J. The City Council finds that internal the Board shall be deemed to diminish accountability within the Police De- or limit the right of any person to file a partment is a valid legislative purpose, claim or a lawsuit against the City. and one method of accomplishing such internal accountability is to have G. A complaint may be filed by any per- the police do their own investigations son with personal knowledge of an into claims of inappropriate police incident. 'Personal knowledge" means conduct. If a complaint is asserted the complainant was directly involved against the Police Chief, the City in the incident or witnessed the inci- Manager will investigate the claim and dent. If the person with personal report to the Board and the City Coun- knowledge is underage or otherwise cil. unable to complete a complaint form, the complaint may be filed by such K. Investigation of all formal complaints person's designated representative, is a mandatory duty of the Police The City Manager, the Police Chief, Chief, and a report of each complaint the City Council, or the Board may file investigation shall be given to the a complaint based upon a reasonable Board. Such reports to the Board shall belief that police misconduct has oc- include the factual findings of the curred regardless of personal knowl- Police Chief as well as a written con- edge. clusion explaining why and the extent to which a complaint is either "sus- H. In order to assure that people feel tained" or 'not sustained". However, confident in the complaint process, such reports shall not include disci- nonpolice City staff shall be available pline or other personnel matters. If the at a public location other than the Police Chief and the City Manager find Police Department to receive corn- the police officer's actions constitute plaints, although complaints may also misconduct and discipline is imposed be filed at the Police Department. by the Police Chief or City Manag~ 1099 Iowa Cit~, 8-8-2 8-8-3 the internal affairs investigation may Department, where the complained-of become a public record to be released activity occurred while the officer was by the City Attorney to the extent acting in the capacity of a sworn po- provided by law. lice officer. L. In order to assure external account- B. Any person with personal knowledge ability of the actions of the Police of the alleged police misconduct may Department, all formal complaint in- file a complaint with the Board or with vestigations shall be reviewed by the the Iowa City Police Department. In Board and reported to the City Coun- order to have "personal knowledge", cil. the complainant must have been di- rectly involved in the incident or wit- M. External accountability will further be nessed the incident. If the person with provided by the Board's maintenance personal knowledge is underage or of a central registry of all formal corn- otherwise unable to complete a com- plaints. In addition to the central regis- plaint form, the complaint may be filed try, the Board shall provide an annual by such person's designated repre- report to the City Council, which report sentative. The City Manager, the Po- shall be public and shall set forth the lice Chief, the City Council or the general types and numbers of corn- Board itself may file a complaint plaints, how they were resolved, de- based on a reasonable belief that mographic information, and recom- police misconduct has occurred re- mendations as to how the Police De- gardless of personal knowledge. The partment may improve its community person or official filing the complaint relations or be more responsive to may hereafter be referred to as the community needs. "complainant". N. The Board shall have oversight au- C. All complaints filed with the Board or thority to review police practices, the Iowa City Police Department shall procedures, and written policies as be in writing and on forms provided by those practices and procedures relate the Board. Complaint forms shall be to the Police Department's per~or- available to the public in easily acces- mance as a whole, and shall report sible locations, and nonpolice staff same to the City Council, including shall be available to receive the corn- any recommended changes. (Ord. plaint forms. Assistance may be avail- 97-3792, 7-15-1997) able to complete the form as designat- ed by the Board. (Ord. 97-3792, 7-15-1997) 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN D. All complaints must be filed with either GENERAL: the Board or the Iowa City Police Department within ninety (90) days of A. A "complaint" is an allegation of mis- the alleged misconduct. conduct lodged against a sworn police officer ("police officer" or "officer") E. Only those complaints which do not employed by the Iowa City Police involve the conduct of an Iowa City 699 Iowa City 8-8-3 8-8-5 sworn police officer or are not filed the complaint shall also be forwarded within ninety (90) days of the alleged to the City Manager. misconduct may be subject to summa- ry dismissal by the Board. (Ord. B. Investigation: It shall be the mandato- 99-3877, 4-20-1999) ry duty of the Police Chief to do the following: 8-8-4: FORMAL MEDIATION: 1. Prior to investigation of any com- plaint, the Police Chief shall first give A. Formal mediation shall be the respon- Garrity and Gardner advice to all po- sibility of the Board, and shall be lice officers implicated in the corn- available to the complainant(s) and plaint, as required by constitutional police officer(s) at any stage of the law. This means the officer cannot be process upon consent of all involved required to waive the officer's consti- parties and as provided by the Board. tutional right against self-incrimination. Upon the filing of a complaint, all However, the officer may be required complainants shall be informed that to answer questions during the inves- formal mediation is available. A corn- tigation as a condition of the officer's plainant may also meet informally with employment, but any admissions the police officer and the watch corn- made by the officer cannot be used mander of the police officer if the against the officer in a criminal pro- complainant wishes to do so. ceeding. B. if a complaint is successfully mediat- 2. Notify the complainant and the ed, the terms of the mediation agree- police officer who is the subject of the ment shall be set forth in writing, and complaint that formal mediation is shall be kept confidential to the extent available at any time during the Police allowed by law; but the status of set- Department's investigation and the tiement shall be maintained in the Board's review. The Police Chief may Board's central registry for reporting in also notify the complainant that the the Board's annual report. There shall complainant may meet informally with be no retaliation against police offi- the police officer and the watch com- cers who choose not to mediate. (Ord. mander of the police officer if the 97-3792, 7-15-1997) complainant wishes to do so. 3. Assign the complaint to designated 8-8-5: POLICE DEPARTMENT AND investigators within the Police Depart- POLICE CHIEF INVESTIGATO- ment for investigation into the factual RY DUTIES; CITY MANAGER INVESTI- allegations of the complaint, GATORY DUTIES: 4. The complainant shall be inter- A. Complaints: The Police Department viewed by the Police Department and shall forward copies of all complaints shall be entitled to have a neutral City received to the Board. If the complaint staff person or some other person concerns the Police Chief, a copy of chosen by the complainant present during the interview. The police officer 699 Iowa City 8-8-5 8-8-6 iS entitled to have a union steward Chief. The Police Chief shall conduct present during any interviews, a review of the investigators' report, and may do any or all of the following: 5. Investigators will prepare and for- conduct interviews or request the ward a report of their investigation to police investigators to conduct addi- the Police Chief, and shall make de- tional investigations; request addition- tailed findings of fact as to the allega- al information, or that additional ques- tions in the complaint, and shall also tions be asked; interview or direct that set forth a written conclusion which other persons or witnesses be inter- explains why and the extent to which viewed; request that other documents the complaint is either "sustained" or be reviewed and/or retrieved; and any "not sustained", other investigative matters the Police Chief deems appropriate. C. Legal Advice: If litigation, including criminal charges, relating to the matter B. The Police Chief will consult with the of the complaint is commenced or is City Personnel Administrator and the being contemplated by or against any City Attorney prior to finalizing the party to the complaint, the Police Police Chief's report to the Board, and Department, the Police Chief and/or shall then forward this report to the the Board shall consult with the City Board, which shall include the follow- Attorney and/or the Board's own attor- lng: ney on a case-by-case basis, to deter- mine whether and how the investiga- 1. Detailed written findings of fact tion of the complaint should proceed, concerning the allegations in the com- plaint; D. Complaints Against Police Chief: If a complaint is filed concerning the Po- 2. A written conclusion which explains lice Chief's conduct, the City Manager why and the extent to which the corn- shall investigate or cause an investi- plaint is either "sustained" or "not gation to be completed, sustained"; and E. Disciplinary Action: Nothing in this 3. Recommended remedial actions, if Chapter shall prevent the Police Chief any, including amending current poll- or the City Manager from taking disci- cies or adopting new policies. plinary action prior to the Board's review of the complaint. (Ord. C. The Police Chief's report to the Board 97-3792, 7-15-1997) shall not include discipline or person- nel matters. 8-8-6: POLICE CHIEF'S REPORT TO D. A copy of the Police Chief's report to THE BOARD; CITY MAN- the Board shall be given to the police AGER'S REPORT TO THE BOARD: officer, the complainant, and the City Manager. If the complaint concerns A. The Police Chief shall receive the the Police Chief, copies of the City designated investigators' report within Manager's report to the Board shall be the time frame indicated by the Police given to the Police Chief, the corn- 699 Iowa City 8-8-6 8-8-7 plainant, and the City Council. (Ord. report, and the Board may select any 97-3792, 7-15-1997) or all of the following levels of review: E. The Police Chief's report to the Board a. On the record with no additional shall be completed within ninety (90) investigation; calendar days after complaint is filed. The Board may grant extensions from b. Interview/meet with complainant; this deadline for good cause shown. (Ord. 99-3877, 4-20-1999) c. Interview/meet with named offi- cer(s) and other officers; F. All investigations shall be performed in a manner designed to produce a d. Request additional investigation minimum of inconvenience and em- by the Police Chief or City Manager, barrassment to all parties, including or request police assistance in the the complainant, the police officer, Board's own investigation; and other witnesses. e. Performance by Board of its own G. If a complaint is filed concerning the additional investigation; Police Chief, the City Manager's re- port shall include the same findings of f. Hire independent investigators. fact and conclusions as required for the Police Chief's report to the Board. 2. The Board shall apply a "reason- (Ord. 97-3792, 7-15-1997) able basis" standard of review when reviewing the Police Chief's or City Manager's report. This requires the 8-8-7: DUTIES OF THE BOARD; Board to give deference to the Police COMPLAINT REVIEW AND Chief's or City Manager's report be- GENERAL DUTIES: cause of the Police Chief's and City Manager's respective professional A. Complaints: The Board shall forward expertise. The Board may recommend copies of all complaints received to that the Police Chief or City Manager the Police Chief for investigation; or reverse or modify their findings only if: where the complaint concerns the Police Chief, forward a copy of the a. The findings are unsupported by complaint to the City Manager for substantial evidence; investigation. b. The findings are unreasonable, B. Review Of Police Chief's Report Or arbitrary or capricious; or City Manager's Report: c. The findings are contrary to a 1. The Board shall review all Police Police Department policy or practice, Chief's reports and City Manager's or any Federal, State, or local law. reports concerning complaints. The Board shall decide, on a simple major- When collecting and reviewing addi- ity vote, the level of review to give tional evidence, the Board shall rely each Police Chief's or City Manager's on evidence which reasonably prudent 699 Iowa City 8-8-7 8-8-7 persons are accustomed to rely upon report to the City Council shall be in the conduct of their serious affairs, given to the complainant(s), the police (Ord. 98-3865, 12-15-1998) officer(s), the Police Chief and the City Manager. (Ord. 99-3891, 3. At the conclusion of the Board's 7-13-1999) review, the Board shall issue a public report to the City Council concerning 4. The Board shall not issue a report the complaint investigation. Such which is critical of the sworn police public report shall include detailed officer's conduct until after a "name- findings of fact concerning the corn- clearing hearing" has been held, con- plaint, together with a clearly articulat- sistent with constitutional due process ed conclusion which explains why and law. The Board shall give notice of the extent to which the complaint is such hearing to the police officer so "sustained" or "not sustained". If the that the officer may testify before the complaint is "not sustained", the pub- Board and present additional relevant lic report shall not include the names evidence. The Board shall be respon- of the complainant(s) or the police sible for protection of all State and officer(s). If the complaint is "sus- Federal rights enjoyed by the officer. tained" the Board may include the The officer may waive the right to this names of the complainant(s) and/or hearing upon written waiver submitted the police officer(s) if it determines to the Board. (Ord. 98-3865, that the public interest in such disclo- 12-15-1998) sure outweighs the public harm and privacy interests of the complainant(s) 5. If the Board's report is not critical of and/or police officer(s). Said determi- the officer's conduct, the Board is not nation shall be made in writing and required by law to offer a hearing to shall state, in detail, the Board's rea- the officer, but the Board may hold sons for such determination. The hearings as deemed appropriate by Board shall notify the person(s) whose the Board. (Ord. 97-3792, 7-15-1997) name(s) it intends to disclose, the City Attorney and the Police Chief (or City 6. The Board's report to the City Manager if the Police Chief is the Council shall be completed within forty subject of the complaint), of its intent five (45) calendar days of receipt of to make such disclosure by confiden- the Chief's or City Manager's report. tial written communication sent by The City Council may grant requests regular mail or hand delivery at least for extensions to this deadline upon ten (10) working days prior to such good cause shown. (Ord. 99-3877, disclosure. In addition, the Board's 4-20-1999) public report shall not include any discipline or personnel matters, al- 7. Nothing in this Chapter shall in any though the Board may comment gen- way impede or interfere with the Po- erally as to whether the Board be- lice Chief's and the City Manager's lieves discipline is appropriate without lawful ability to perform their person- commenting on the extent or form of net supervisory duties over sworn the discipline. A copy of this public police officers, including the ability to lO99 Iowa City 8-8-7 8-8-8 impose discipline as deemed appropri- such procedural rules and bylaws ate by the Police Chief or City Manag- shall be approved by the City Council. er. (Ord. 97-3792, 7-15-1997) 8. No findings or report submitted to the Board or prepared by the Board 8-8-8: BOARD COMPOSITION; LIM- shall be used in any other proceed- ITED POWERS OF THE ings. BOARD: C. General Powers And Duties: The A. Board Composition: Board shall also carry out the follow- ing duties: 1. The Board shall consist of five (5) members appointed by the City Coun- 1. Maintain a central registry of corn- cil, who shall be iowa City eligible plaints, electors and shall serve without com- pensation. The City Council shall 2. Collect data and do an annual re- strive to appoint members who repre- port to the City Council which shall be sent the diversity of the community. public and shall set forth the general Appointments to the Board shall in- types and numbers of complaints, clude one current or former 'peace disposition of the complaints, the officer" as that term is defined by discipline which was imposed, if any, State law. The City Council reserves and demographic information. This the right to waive the residency re- annual report shall not include the quirement for good cause shown. The names of the complainants or officers City Council also reserves the right, involved in complaints which were not for good cause shown, to waive the sustained, and shall otherwise be in a requirement that the Board include form which protects the confidentiality one current or former peace officer. of the parties while providing the pub- lic with information on the overall 2. Following final adoption and publi- performance of the Police Depart- cation of Ordinance 97-3792, as ment. The Board's annual report may amended, the City Council shall ap- also include recommended changes in point members to the Board for stag- police practices, policies or proce- gered terms. All appointments shall be dures, for a four (4) year term, except for the initial appointments which shall be as 3. In addition to the annual report, the follows: Board shall, from time to time, report to the City Council on police practices, a. One person appointed for a two procedures and policies, including (2) year term. recommended changes, if appropriate. b. Two (2) persons appointed for 4. The Board shall adopt procedural three (3)year terms. rules and bylaws governing the Board's activities, including the receipt c. Two (2) persons appointed for and processing of complaints, and four (4)year terms. 1099 Iowa City 8-8-8 8-8-9 3. Training shall be available to all unless such constitutional right is Board members to enable them to waived. perform the duties imposed herein, including training on Iowa's public 6. The Board may obtain outside records and open meetings laws. counsel and independent investigators in order to carry out the Board's du- B. Limited Powers: The Board shall have ties. the following limited powers: 7. The Board may hold general infer- 1. On its own motion, by a simple mational hearings concerning Police majority vote of all members of the Department practices, procedures or Board, the Board may file a complaint, written policies, and such hearings will be public. The Board shall then report 2. The Board shall decide the level of the results of such general informa- review to give the Police Chief's or tienal hearings to the City Council, as City Manager's report by a simple the Board deems appropriate. (Ord. majority vote of all members of the 97-3792, 7-15-1997) Board. 3. The Board has no power to review 8-8-9: POLICE OFFICER'S AND police officer personnel records or COMPLAINANT'S RIGHTS disciplinary matters except to the PRESERVED: extent such matters are made public by the City Attorney. A. All rights enjoyed by sworn police officers employed by the City are 4. The Board has only limited civil, preserved in this Chapter, and nothing administrative review powers, and has herein is intended to waive, diminish no power or authority over criminal or interfere with any such rights pro- matters. The Board is not a court of tected by the union contract, Iowa's law, and is not intended to substitute Civil Service Commission laws and as a tort claims procedure or as litiga- other applicable State and Federal tion against the City. laws. 5. If criminal charges are brought or B. All common law rights enjoyed by are being considered against any complainants and police officers, such particular police officer(s), the Board's as privacy and freedom from defama- review or investigation may proceed tion, shall be protected during the with interviewing other officers or process set out in this Chapter, and it witnesses, or collecting documents, as shall be the Board's duty to protect appropriate. Any statements given by said rights. an officer who is subject to criminal investigation cannot later be used C. Notwithstanding the above provisions, against the officer in a criminal pro- no Board member shall be liable to ceeding, as provided under the Fifth any person for damages or equitable Amendment to the U.S. Constitution, relief by reason of any investigation or recommendation or report made by 1099 Iowa City 8-8-9 8-8-11 either a Board member or by the Board itself. (Ord. 97-3792, 7-15-1997) 8-8-10: SUNSET CLAUSE: This Chapter shall be automatically repealed on August 1, 2001, unless reenacted by City Council. (Ord. 97-3792, 7-15-1997) 8-8-11: TIME COMPUTATION: In com- puting time under this Chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the com- pletion of a report falls on a Saturday or Sunday, or a day on which the office of the City Clerk is closed due to a City holiday, the time shall be extended to include the next day on which the office of the Clerk is open to receive the filing of a complaint or the report. (Ord. 99-3877, 4-20-1999) 1099 Iow= city