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
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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~
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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
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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
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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-
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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
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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
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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.
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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
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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)
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