HomeMy WebLinkAbout06-13-2000 Communication May 30, 2000
John Watson
Police Citizens Review Board
410 E. Washington Street
Iowa City, IA 52240
Dear John,
Thank you for your membership in NACOLE and I apologize for taking so long to
respond. As an associate member you are eligible to participate in all association
activities, but are ineligible to vote or serve as an officer. Your membership number is
NA0118. Please refer to this number when corresponding with NACOLE.
IfI or any of the Board members can be of assistance to you, please do not hesitate to
contact me.
Sincerely,
Clyde B. Davis
Treasurer and Membership Director
17.O. Box 1110 · Lanham, Maryland 20703 · (301) 731-5808 · (301) 794-0264 (fax)
E-mail: nacole95~,aol.com * Web Page: www.nacole.org
HISTORY OF NACOLE
In 1993, several members of the US delegation to the IACOLE (International Association
for Civilian Oversight of Law Enforcement) conference in Cambridge, Massachusetts met
to discuss issues of mutual concern relating to civilian oversight within the United States.
The focus of the meeting was the creation of a national organization that would address
these issues.
At the 1994 LA, COLE conference in Orlando, Florida, meetings were held with the US
attendees to the conference. Several tele-conferences were held during the year to discuss
issues related to the creation ora national organization. In April 1995, a group of
individuals met in Landover, Maryland and approved the articles of incorporation and
preliminary by-laws. The National Association for Civilian Oversight of Law Enforcement
(NACOLE) was approved as the official name of the organization. NACOLE has been
established as a nonprofit, tax exempt, professional organization. NACOLE is endorsed by
the International Association for Civilian Oversight of Law Enforcement (IACOLE).
NACOLE recognizes that the majority of law enforcement officers strive, ot~en under dangerous
and demanding circumstances, to can3, out their duties in a restrained, lawfifl and professional
manner. Tt~ United States, however, continues to have a growing crisis of police misconduct.
NACOLE's goal is to be a catalyst in establishing adequate mechanisms to review, provide
oversight, and investigate questionable and unacceptable actions of law enforcement officers and
to be a resource to existing agencies. NACOLE conducts an annual conference each year that
pro'fides citizens, practitioners of dvilian ov .e. oig~ht, and la;v enforcement with the opportunity to
dialogue and exchange information on questionable and unacceptable actions of law enforcement
personnel.
GOALS
· To provide for the establishment, development, education, and technical assistance off`for the
civilian oversight of law enforcement.
· To develop a national forum to provide an informational and educational clearinghouse and a
publication resource of educational information for the public and organizations in the field
of civilian oversight of law enforcement.
· To encourage the highest ethical standards in organizations which oversee law enforcement.
· To educate the public by developing mechanisms to enhance police and community relations,
educate law enforcement agencies, and encourage law enforcement to respond with
sensitivity to citizens' issues and complaints.
· To encourage full racial and ethnic representation and participation in this organizatir,n and
the agencies overseen by its members.
National Association For Civilian
Oversight Of Law Enforcement
(NACOLE)
Sixth Annual Conference
September 26-29, 2000
Outrigger Hotel
4331 Kauai Beach Drive
Lihue, Hawaii 96766
(808) 245-1955
POCO NACOLE CONFERENCE REOISTRATION
[ ] REOULAR MEMBER $250
[ } ORGANIZATIONAL MEMBER $2:50
[ ] STUDENT MEMBER $275
[ ] A~SOCIATE MEMBER $300
[ ] NON-MEMBER $300
NAME DATE
TITLE
AOENCY/BOARD
ADDRESS
CiTY STATE ZIP
PHONE ( ) Fao( ( )
E-MAIL
P. O. Box I I I0 · LANHAM, MARYLAND 20703
(30 I ) 73 I -5808 · (30 I ) 794-0264 FAX · E-fataL: NACOLE95@AOL.COM
· Regular members are de£med as those persons:
· Who are not sworn law enforcement officers;
· Who work for or constitute U.S. agencies which are established by
legislative or executive authority to investigate and/or review issues
and complaints against law enforcement; or
· Who have worked for and/or have constituted U.S. agencies, which
are established by legislative or executive authority to investigate
and/or review complaints against law enfomement.
Regular members are eligible to vote and serve as officers or members of
the Board of Directors.
· Associate members are defmed as any persons interested in the oversight
of law enforcement. Associate members shall be able to participate in all
Association activities including serving on committees, but are
ineligible to vote or serve as officers or members of the Board of
Directors.
· Organizational ~;:eh~bers are defined as agencies or boards who provide
civilian oversight of law enforcement by legislative or executive mandate.
These agencies or boards will receive one transferable regular membership
and associate memberships for the remaining members of the Agency or
Board.
· Sustaining members are de£med as organizations or individuals who wish
to make tax deductible contributions to further the goals and principles of
NACOLE.
· Student members are defined as individuals who are full time students
and are interested in the oversight of law enforcement. Student
members shall be able to serve on committees but are ineligible to vote
or serve as officers.
· Lifetime members are defined as individuals who are regular members and
have paid dues for this category as established by the Board of Directors.
SURVIVAL TIPS FOR CITIZEN REVIEW BOARDS (CRB)
PARTICIPATE IN
COMMUNITY OUTREACH
Stay in touch with the community. Meet with community organizations. Members need to be
available to speak to community groups. The community can be a base of support if there are
challenges to the existence oftbe CRB or if there are attempts to weaken its powers.
"BRIDGE THE DIVIDE"
BETWEEN CRB AND POLICE
UNIONS
Let the unions know that the CRB's goal is to help all citizens who are abused by police, including
other police officers. CRBs should seek to "bridge the divide" between themselves and the union's
perception of the CRB's role.
ESTABLISH LINES OF
COMMUNICATION WITH POLICE
OFFICIALS
Meet periodically with the Police Chief and other top officials oi the Police Department. The purpose
of the meetings is to share information, discuss issues pertinent to the community and to offer
constructive suggestions for making the department more responsive to those it "protects and serves".
FOLLOW-UP QUICKLY ON
A! J. INQUIRES
Follow-up quickly on all inquires. If an inquiry is not within the CRB's jurisdiction, re-direct the citizen
with courtesy and specificity.
TRAINING
In order to establish and maintain credib'dity, CRB members must be familiar with police terminology,
procedures and the reality of"life on the streets". CRB members should participate in various training
opportunities offered by the police depa,h,ent, including police ride-alongs. These efforts let the
police know you are tx3~ing to understand their job and what they go through.
PREPARE AN ANNUAL REPORT
Prepare an annual report detailing activities, observations and recommendations. The report should be
distributed to the Police Department leadership, elected officials and the community.
PARTICIPATE IN COMMUNITY
FORUMS
Participate in appropriate community forums whenever possible. This keeps the CRB involved with
the public, lets the public know what the CRB is doing, and keeps the CRB and its fi~nction before the
community.
CONDUCT OPEN ME~F~TINGS
When allowed by law, CRB meetings should be open to the public to let them see what is going on and
to assure the public that discussions are fak and impartial.
USE TWE MEDIA - CAREFUI~Y
The media can be useful in spreading the w'~rd about the role of the CRB and keeping the public
informed. But be careful--The media can distort informa~cn. There s,~,ould be only one CRB
spokesperson. The spokesperson must be careful when responding to the media because of the
sensitive and sometimes sensational nature of inddents, as well as the legal requkements affecting the
parities.
JOIN NACOLE
NACOLE is a source of information and support for its members. NACOLE can provide statistics
and other information about what is happening throughout the United States. NACOLE provides
training to its members. NACOLE supports CRBs that are under attack by writing letters of support
to the local political establishment and community. NACOLE will send someone to testify on the
CRB's behalf when needed.
National Association for Civilian Oversight of Law Enforcement (NACOLE)
P.O. Box 1110 · Lanham, Maryland 20703 · 301 731-5808 · 301 794-0264 FAX
NACOLE
Board Members
Reeder, Brian C. Davis, K. Felicia
Citizens Police Complaint Office Syracuse Citizen Review Board
148 E. Market Street; Suite 508 201 E. Washington Street; Suite 705
Indianapolis, IN 46204 Syracuse, NY 13202
President Board Member
Phone: (317) 327-3429 Phone: (315) 448-8750
Fax: (317) 327-5472 Fax: (315) 448-8768
Monteiro, Maivina G. Johnson, James
Police Review & Advisory Board CPRP Legal Counsel
831 Massachusetts Avenue; 1st Floor 801 Plum Street, Room 214
Cambridge, MA 02139 Cincinnati, OH 45202
Vice President Board Member
Phone: (617) 349-6155 Phone: (513) 961-8202
Fax: (617) 349-6148 Fax: (513) 352-1515
Spearman, Larna Quinn, Sue
Citizens Police Complaint Office (Former) CLERB (Former)
3530 Watson Road 3821 Front Street
Indianapolis, IN 46205 San Diego, CA 92103
Secreta~ Board Member
Phone: (317) 925-0305 Phone: (619) 293-0614
Fax: (317) 327-5472 Fax: (619) 294-3225
Davis, Clyde B. Sandoval, Joseph
Prince George's County Public Safety Review Commission
9911 Breezy Knoll Court 303 West Colfax Avenue, Suite 1600
Lanham, MD 20706 Denver, CO 80204
Treasurer Board Member
Phone: (301) 731-5808 Phone: (303) 640-5825
Fax: (301) 794-0264 Fax: (303) 640-4567
Casimere, Don
Office of Police Accountability
2915 1 Street, Room 101
Sacramento, CA 95814
Board Member
Phone: 916 264-5704
Fax: 916 264-7618
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the CiW of Iowa City
TO: PCRB Members
FROM: Sandy Bauer
RE: PCRB 'Education'
DATE: June 9, 2000
It is my recollection of the joint meetings the Board has had with the City
Council, that the issue of educating the public about the PCRB is regularly
mentioned. I was wondering what the Board feels about the idea of
developing a videotape as an educational tool. What I have in mind is
exploring the concept of utilizing the City's cable folks to put this together;
PCRB would have final say on script and the final product. The video could
be shown on the government channel. It could also be used by anyone
(board members or staff) at presentations - thereby putting some uniformity
to presentations.
I'm attaching a rough draft of some questions/answers that might be used.
Before I go any further on getting information, I am soliciting your interest
level. If interested, then I will check with the Cable people and see if it can
be done, the cost, timeframe, etc.
What is the PCRB?
The Police Citizens Review Board (PCRB) was created by ordinance of the
City of iowa City on July 15, 1997. The Board is made up of five volunteer
iowa City residents appointed by the City Council. The PCRB conducts
public meetings at 7:00 P.M. on the second Tuesday of the month in the
Civic Center Lobby Conference Room. The PCRB has its own administrative
assistant and legal counsel.
Why was the Board established?
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.
What does the PCRB do?
· The Board's job is to review the Chief's Report prepared after
investigation of complaints about police misconduct. The Board then
issues its own written reports that contain detailed findings of fact and
conclusions that explain why and the extent to which complaints should
be sustained or not sustained.
· The PCRB maintains a central registry of complaints against sworn police
officers and prepared annual reports to the City Council on the disposition
of these complaints.
· The PCRB reviews police policies, procedures and practices, and may
recommend modifications to them. The PCRB may hold public forums
and/or hearings designed to encourage citizens to provide information,
recommendations, and opinions about police policies, procedures and
practices.
· The Board recommends ways for the ICPD to improve community
relations and be more responsive to community needs.
· Assure the citizens of Iowa City that the ICPD's performance is in
keeping with community standards. The Board holds periodic community
forums to gather public input and to inform the public.
What the Board cannot do?
The PCRB cannot review investigations of complaints of other police
jurisdictions such as the Sheriff's Office, Highway Patrol, University
Security, Coralville Police Department, or police departments of any other
neighboring cities. The PCRB cannot impose discipline on police officers for
alleged misconduct. The PCRB has only limited civil administrative review
powers and has no power of authority over criminal matters. It is not a
court of law and is not intended to substitute for any form of legal action
against the Police City or the City.
A Note to Complainants and Witnesses
Some p~ople may be frightened at the prospect of filing a complaint against
a police officer. The Police Citizens Review Board and the Chief of Police
will not tolerate harassment of and/or retaliation to victims and reportees of
police misconduct. The PCRB has an office in Room 207 of the Senior
Center, which is staffed by the Board's administrative assistant.
Where are PCRB Complaint Forms Available?
Forms are available in the PCRB office, the City Clerk's Office in the Civic
Center, the Police Department, the lC Library, the Senior Center, and the
Iowa Memorial Union. You may also call the Board's office (356-5413) or
the City Clerk's office (356-5041) to have e complaint form mailed to you.
Who Can File a Complaint?
Anyone can file a complaint regarding an Iowa City police officer's conduct
or police policies, procedures or practices. A complaint can be filed by the
complaining party, a friend, a family member, a witness, or any third party.
The PCRB may review only complaints filed on the official PCRB Complaint
Form. Complaints must be filed within 90 days of the incident giving rise to
the complaint. You do not have to file your complaint at the Iowa City
Police Department. You can mail or bring your complaint form to the Police
Citizens Review Board's Office (207 Senior Center) or the City Clerk's Office
(Civic Center).
What Type of Activity is Cause for Complaint?
The Police Citizens Review Board has jurisdiction over any allegation of
police misconduct, including excessive use of force, discrimination, sexual
harassment, improper discharge of firearms, illegal search or seizure, false
arrest, false reporting, rude behavior, criminal conduct or misconduct.
'Misconduct" means an alleged improper or illegal act, omission or decision,
directly affecting the person or property of an individual.
Important Information to Know
· Date, time and location of incident giving rise to the complaint.
· Name, badge number or description of involved police officer(s)
Name, phone number and/or address of any potential witness(es)
lnves~gaflon
The Chief of Police instructs the Internal Affairs Investigator to conduct an
investigation into the complaint. The Internal Affairs Investigator contacts
the complainant, police officer(s) and witness(es) involved and gathers
evidence for a report. Upon conclusion of the investigation, the Internal
Affairs Investigator sends the investigation to the Police Chief. The Police
Chief reviews the investigation, and issues his detailed written report that
concludes with a finding that the allegation(s) in the complaint is sustained
or not sustained. Copies of the Chief's Report are sent to the PCRB and to
the complainant, the police officer(s) involved, and the City Manager. The
Chief has 90 days from the date of filing to complete his report.
PCRB Review
The PCRB reviews the Chief's Report and may conduct an additional
investigation or request that the Chief do so. Within 45 days of receipt of
the Chief's report, the Board issues a written report that contains detailed
findings of fact and a conclusion that explains why and the extent to which
the allegation(s) in the complaint should be sustained or not sustained.
Copies of the PCRB's report on the Chief's investigation are sent to the
complainant, the police officer(s) involved, the City Manager and the City
Council. The PCRB may recommend that the Chief reverse his findings if it
determines that they are unsupported by substantial evidence; are
unreasonable, arbitrary or capricious; or are contrary to Police Department
police or practice, or any federal, state, or local law.
Possible other areas:
· Arms-length relationship with PD and City Council
· Confidentiality
· Forums
·
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
· Hold periodic community forums to gather public input and
to inform the public
PCRB Annual Repo~ FY '99 - 1
ACTIVITIES AND ACCOMPLISHMENTS FROM 10/1/98 TO
6/3O/99
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 lasting one
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 By-Laws, Standard Operating Procedures
(SOPs), and the City Ordinance. 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 resolution of this issue and other matters were
ultimately reached and are reflected in the ordinance amendment passed on
April 28, 1999 and on July 13, 1999, and in the changes approved for the
SOPs.
Complaint Procedures
To streamline the complaint process for complainants, the Board
redesigned and simplified the complaint form to collect only essential
information. 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.
T-line 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 A~nual Report FY '99 - ~
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
NumlJer 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 is 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
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
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 R~port l:Y '99 - 4
Complaint Resolutions
Complaints of misconduct of police officers are investigated by the
Police Department. The Police Chief summarizes the results of these
investigations and indicates 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-
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 Histo~fes- 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.
ICPD Internal Investigations Logs - 1/1/98 to 6/2/99
The Board reviewed the ICPD Internal Investigation Log dated June
22, 1999, provided by the Chief of Police.
I~RB Annual Rcpott FY '99 6
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. 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 - I 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 Identtty;
Male - 4
Female - 2
Unknown- 4
Sex:
Male 4
Female - 4
Sexual Orientation:
Heterosexual - 3
Unknown - 7
Marital Status:
Married - 3
Unknown - 7
Mental Disabiflty;
No - 4
Unknown - 6
Physical Disability:
No - 4
Unknown - 6
PCP~ Annual Repo~ FY' '99 + 7
Religion:
Agnostic - 1
Catholic - 2
Unknown - 7
Race:
Caucasian - 4
Black - 2
Unknown - 4
Some demographic information not provided on the sheet attached to the
complaint form was taken from the first page of the complaint form.
BOARD CONCERNS, ISSUES
The Board concerns and issues include:
1. Continuing to monitor and address issues related to race-based traffic
stops and other race-based (profiling) issues in policing. Closely
monitoring the results of the Iowa City Police Department's new policy
on collection of information on race for all traffic stops.
2. Completing the information 'card" to be distributed with complaint
forms (both ICPD and PCRB) and specifying uniform procedures for its
distribution.
3. Continuing to address concerns with limits on the authority of the
PCRB and with the deferential standard of review in the complaint
process.
4. Continuing to work on specific areas of concern with respect to
department policies, procedures, and practices - for example,
interview techniques.
5. Continuing to address concerns about limits on Board access to
information needed to do a thorough review of the Chief's reports.
Exploring alternative ways of obtaining the information we need to
execute fair and balanced reviews.
PCRB GOALS FOR YEAR 2000
I. Mission
A. Revisw complaints of police misconduct
B. Help ensure that police department is responsive to community
needs
II. Goals
A. Board Education
PCRB Annual Report FY '99 - 8
· Hold forums (minimum of two a year}
· Continue to streamline Board procedures
· Decide whether to affiliate 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
B. Community Education
· Hold forums
· Provide information aimed at improving officers'
understanding of the 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
John Stratton - appointed June 29, 1999
POL1'CE CI'TTZENS REVZEW 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 and
by Ordinance No. 99-3891 on July 13, 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.
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 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.
e 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.
OTHER 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 mede 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 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 resolution of this issue
and other matters were ultimately reached and are reflected in the ordinance
amendments passed on April 28, 1999 and July 13, 1999, and in the changes approved
for the SOPs.
· 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 by which their
complaints will be handled.
· Developed 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, hired new independent counsel to
furnish legal advice and guidance.
· 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.
BOARD CONCERNS, ISSUES
The Board concerns and issues include:
· Continuing to monitor and address issues related to race-based traffic stops and other
race-baaed (profiling) issues in policing. Closely monitoring the results of the Iowa City
Police Department's new policy on collection of information on race for all traffic stops.
· Completing the information 'card" to be distributed with complaint forms (both ICPD
and PCRB} and specifying uniform procedures for its distribution.
· Continuing to address concerns with limits on the authority of the PCRB and with the
deferential standard of review in the complaint process.
· Continuing to work on specific areas of concern with respect to department policies,
procedures, and practices - for example, interview techniques.
· Continuing to address concerns about limits on Board access to information needed to
do a thorough review of the Chief's reports. Exploring alternative ways of obtaining the
information we need to execute fair and balanced reviews.
PCRB GOALS FOR 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
· Decide whether to affiliate with national boards and associations
· Establish a baseline of information to analyze different types of reports
· Conduct new Board member briefings
· Visit the Police Academy et Camp Dodge
· Provide information aimed at improving officers understanding of the Board's function
and educating the public about the PCRB
· Address the perception of discriminatory enforcement
· Community relations
BOARD MEMBERS
Leah Cohen, Chair
John Watson, Vice Chair
Patricia Farrant
Paul Hoffey
Margaret Raymond - resigned, effective June 1, 1999
John Stretton - appointed June 29, 1999
(A more detailed report was submitted to tha City Council on July 27, 1999.)
May 1, 2000 Council Work Session Page 1
May 1, 2000 Council Work Session 6:30
PM
Council: Lehman, Champion, O'Dormell, Vanderhoef, Karmer, Wilburn (Pfab 6:35)
Staff.' Atkins, Helling, Kart, Dilkes, Franklin, Davidson, Fosse, Winkelhake,
Mollenhaner, Bower
Tapes: 00-52 Both Sides', 00-53 Side 1
Joint Meeting with PCRB
Lehman/OK first of all this meeting from now to 7:00 is going to be discussing issues
with the PCRB, I'm going to have John lead us, I think you got a copy of the
agenda in a packet so go ahead.
John Watson/OK, thanks, thanks for agreeing to meet, we know it was a busy spring.
We want to start by introducing our board members that are at least here. She is
here, she is our immediate past chair, Pat Farrant is our current vice chair, Paul
Hoffey is with the first chair, he's on vacation but he is with service the first year
and a little bit more than that I guess as our first chair. John Stratton is our newest
member, he replaced Margaret Raymond who you may remember moved to India,
out of reach for us to continue, and I'm John Watson the current chair, I'd also
like to introduce Sandy Bauer who is our Administrative Assistant and Catherine
Pugh who is our Counsel and as you may recall she replaced Doug Russell who's
now a Cimuit Court Judge. The agenda that we had set out was kind of general,
I'm just going to go through it very briefly and we want to leave time for you to
ask questions about whatever you'd like to we'll make time so. Just a very brief
overview of our responsibilities, the first one of course is to review often
complaints of police misconduct that come to us. We try to do that as thoroughly
and as objectively as we can, and you see the products of that in the report, you
get a copy of all of our reports. Another duty that's spelled out in the ordinance
has to do with overall performance of the police department to support your
efforts and the City Manager's and the chief's efforts to evaluate performance, we
really haven't done a whole lot in that area at this point, it's something that we
would be interested in helping you to do with if you are interested in that but we
don't have any specific tools to do that at this point. We also, part of the
ordinances to ensure, assure the citizen's of the city that the department
performances in keeping community standards. One of the things that we try to
do is to determine what those community standards are and we tell some forms to
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do that, we are looking at, we have been offered opportunities by the chief to
review policies and we've done that and we've specially looking at use of force
and traffic stop policies because it seems like a lot of our complaints are centered
around those issues. A bit of a progress report we're approaching the end of our
third year of existence, and as I indicated four of the original appointees are still
on the board. John began last fall, he's learned very quickly, there are two terms
due to expire this year in a few months and that is John's because he filled an
unfulfilled term and Pat Farrant. In the first two years we spent a great deal of
time and thought, and your staff spent a great deal of time and thought on
processes, we really started from scratch, we had to develop forms and processes,
we're still refining and improving those but it's most of that work is SOP's and all
that business is mostly behind us. And we're not having to spend as much time
and I think the City Attorney and others are not having to spend as much time on
processes. Complaint trend, just a brief overview, in a few minutes you'll get a
copy of our annual fiscal report so you'll have to ignore but to date since we've
been informed we've received 38 complaints. In recent, in the recent months
perhaps years complaint activity has slowed down, we have not been receiving as
the first two years. Ten of the 38 complaints involved allegations of excessive
force, 6 of the 38 involved allegations of a racial motivation or discrimination,
there were 27 complainants, you remember even though there were 38 complaints
there were 27 complainants, you may remember that in the first year we had 12
from one complainant so I, that's one person, so we have 27 complainants. Of
those 13 or 48 percent were white, 7 or 26 percent were black, one Hispanic, one
Asian, one unknown or not reported. Again we'll give a complete breakdown of
that at the end of the fiscal year and you'll get that as part of the annual report. In
the area communication, it has been very helpful to have an officer in attendance
at our meetings, I think it's been an officer at the rank of lieutenant or higher for
the most part, but that's been very helpful. It's open communication often it's the
chief, often one of his captains or lieutenants. One of the things that we're
looking at or going to be looking at closely is the traffic stop data that's being
compiled by the department, we feel it's very important to have a full year of data
to work with and that's really just going to give us a baseline and it's going to
take two or more years to really understand I think what's, to have enough data to
really understand what's going on and if there are any trends in that. It will take a
careful analysis and we haven't decided this but I'm going to suggest perhaps we
hire some professional consultant to help with the analysis that I think there may,
unless there may be some people that are chief's that are in this field that
understand that but it's very difficult to draw conclusions from a small base of
information especially from just a short period of time so I think we have to be
very careful in looking at it before we draw too many conclusions but we'll be
doing that oh later in the Summer I think starting to look at that. Attached to our
agenda that we sent you was several kind of a narrative of several issues and
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concerns that the board has. One is kind of our request for kind of a, a report card,
we worked long and hard and would like some feedback from you either as a
body or as individuals on how you perceived our work and the products of our
work. The second issue was the Sunset cause, we the board by the ordinance will
cease to exist as of August 1 of 2001 unless you decide it will continue before
then. Some of you have a position on that as we have that the PCRB should not
Sunset, it should not die, although more than a year away we believe now is a
good time to begin discussion of the criteria that you will use to determine
whether the PCRB will continue. Cost, in the last, about this time last year, well
last time we met I guess there was some discussion by some Council members
about cost. Just, as far as our budget is concerned we're about 35 percent below
budget year to date, mostly that's in the area of attorney fees, we believe that
there's also been, probably been a significant reduction of time devoted by the
City Attorney and the Police Department staff in the last year as our process work
would decrease then actually as complaints have decreased. And lastly about the
participation of officers in some of our process, and I want to, Catherine pointed
out it's not the Fourth Amendment, I'm not a lawyer or a constitutional expert,
it's not the Fourth Amendment but the Fifth Amendment that officers exercise
when they decide not to release the transfer, sorry about that, in case some of you
caught that. Anyway that is an issue, we're not, we're kind of stumped about
what to do with that, we'd appreciate any suggestions or support you can give us.
I think that kind of wraps up the formal part of the presentation, I'd invite though
any Council Members, not Council Members, Board Members that want to add to
that at this point before we go on and open it up for any questions or comments
you want to.
Pfab/You're not a board member, wait a minute, let me ask the Board Members first.
Watson/I have a question.
Farrant/No I think you covered it briefly.
Watson/John OK good, Irvin go ahead.
Pfab/In this, what you know that we as City Council Members don't know and take the
climate, the political climate, the law enforcement climate there is now, would
you start one if there wasn't one. If you didn't exist.
Watson/Would I?
Pfab/And sitting on the City Council would you start it? Would you initiate one?
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Watson/I don't think it would have occurred to me, I mean I can't think, I don't think we
can deny that it was born in the aftermath of the Eric Shaw incident and tragedy. I
mean I can't put that myself in that, I mean that's so large, I can't put myself in a
position of not thinking, I don't think it occurred to any of us in the community
that I'm aware of until that happened. But that's not to say it's not a good thing,
other communities have it and have had it, but I think most of them were probably
created of some incident, but they still do good work, it doesn't mean that they're
not important. That's my reaction to it.
Pfab/Just what I asked.
Watson/OK.
Champion/Because you have kind of a, I don't want to say a distant relationship from the
City Council.
Lehman/No that's the right word.
Champion/I mean you should.
Lehman/That's correct.
Champion/And off the police department and even the City Manager, tell me what the
police officers presence, how does that help you?
Watson/The presence at our meeting?
Champion/Yes.
Watson/I think we, feel free to differ with me Board Members but I think we feel it's
helped with communications between us and the department. It's not an
extremely formal meeting, of course when we deliberate about complaints we're
in executive session, there's nobody in the room but us and our staff so nobody is
there but us and the staff, and that's by law, there's no choice about that, we have
to.
Champion/Well I think you're a commission that I think more people in town are aware
of just like the Planning & Zoning than any other commissions that we have. And
I have to frankly tell you that I've never heard a complaint so I think people
perceive (can't hear) what they want you doing.
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Cohen/I think part of that Connie is I do feel that since the police board was set up
there's a lot of functions in accordance with the ordinance that they do but I also
do think that there's a different feeling perception on someone (can't hear) and I
do, I know I certainly hear quite often, I do feel that the community in a way
many members of the community feel with the Police Board there that things are
kind of being taken care of, that if you know with an oversight of some sort, I
think there's good confidence in the police department and I do think that has
something to do with that. I think that you know from what I hear from citizens I
think that there's also the you know the perception that with the Board sitting
there the police department kind of police's themselves knowing that that Board
sits all over town. To get back to your question on officers being at meetings, I
can honestly say I think initially it was a little uncomfortable for the board and
maybe little more reserved, I think we've become comfortable with that now and
feel a little better about communicating back and forth with a member of the
department that was there.
Champion/That's good. Is it usually a different police officer all the time or?
Cohen/Most the time.
Watson/Captain Widmer more than anybody else but we've had Lieutenant Johnson and
Lieutenant Wyss is that his name and the chief and so it, but those are the ones
that come the most.
Stratton/Having an officer there allows us if we have questions to get instant feedback on
those questions rather than debating what might be and what having to wait for
another two weeks before we get an answer (can't hear).
Lehman/I've got a couple questions, first I know that for example Human Rights
Commission, the director obviously takes complaints and is able on many
occasions to take care of the complaints without lots of research and whatever and
just say yea this is one we should pursue or I don't think we have anything here.
When you get a complaint, how soon do you reach the conclusion that the
complaint has merit, I mean how much work do you go through? Do you go
through the same process on all of them?
Watson/No.
Lehman/I mean is it possible, because I know you spend an awful lot of time and I'm
sure I speak for the Council we appreciate that amount of time. But is there a
point in the process where it becomes apparent that this is really something that
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needs to be dug into very deeply or this one is kind of superficial and it should be
dismissed?
Watson/Well we have different levels, the ordinance allows us different levels of review
for a complaint and one is just on a record, that's the simpler, we just take the
chief's report and we discuss it and we write a report based on that and our. But
we feel that.
Lehman/OK but then you do.
Watson/Other information. Then we can.
Lehman/Those you agree with the chief's report and you move onto the next complaint.
So you don't have to go through the process of every single complaint of?
Watson/Well we have our process but.
Lehman/Well I, OK, but not.
Watson/But we don't have to do our investigation, we don't have to request additional
materials, we just take what the chief submits to us and if we feel that's adequate
for that particular complaint then that's it, we won't, we can move fairly quickly
on that. It still takes a couple of meetings, two or three meetings between to
assign a team to draft a report, we do the draft that goes back and then we look at
it one final time, it has to go through our Counsel, which we review by our
Counsel to (can't hear). I'd say there is some but, let me answer the question
another way, there isn't a way to kind of summarily dismiss a complaint on
because we think it's frivolous, we can't, we can't consider any complaint on it's
face frivolous and just say heck with it.
Lehman/But after getting the chief's report you can at that point decide yes we'll pursue
this one or.
Watson/ Yes.
Lehman/ OK, now the second question, in the agenda that you gave us tonight, the first
item is review complaints and the second and third are to help the chief and the
City Council evaluate overall performance and assure the citizens of Iowa City
that the performance is in keeping with community standards. How much does
one number one, reviewing the complaints tell us about two and three?
Watson/Oh boy.
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Farrant/That's a hard one, I think.
Lehman/No, no, it is a hard one.
Farrant/You know I think it reveals on an issue, a case by case basis, certain approaches
that are taken to certain complaints. I think they are all taken seriously but I
think we have discovered that there are different ways that complaints are
approached in the investigation complaints are approached. I don't know how
much you can derive in terms of patterns. One of the things that I think maybe
could get at what your ifI heard what your asking is that in the beginning we were
concerned that there were going to be two kinds complaints for us, two parallel
streams of complaints and I think maybe having that in retrospect now has
perhaps made it easy to not dismiss but to handle expeditiously the complaints
that don't merit our level of review and I think they kind of treat (can't hear) when
they come in to pick up which form they're interested in they're interested in in
pursuing. So I mean I think maybe we don't get too many where this is clearly
just a disgruntled citizen who going take out his frustration on the police
department, I don't think we getting any at all. We are very careful not to be
make a big issue out of the small issue in terms of investigation.
Lehman/And don't you think that maybe the public maybe a lot more reluctant to file a
frivolous complaint that this is going to you and they might be if they were just
going to complain to the police department? I mean I'd think long and hard
before I filed a complaint and had a Board look at it. I probably wouldn't think
quite as long in complaining to a sergeant or the chief that.
(cant hear).
Lehman/That's one thing but if I'm going to do that and write it down and go to the
Board.
Fan'ant/We're not catharsis, catharsis is you go and complain to the desk, if you take it
one step further you can still withdraw it, they can withdraw a complaint
whenever they want I think.
Cohen/(can't hear) nobody ever has.
Watson/Nobody has yea.
Farrant/I think there's, yea but I don't think we get too many of just cranky annoyed.
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Watson/Other than the first year.
Vanderhoef/Well that first year yes.
Lehman/Well I think that's new untried waters, people are testing the water, we all are
testing the waters, you know you folks, the Council, everybody. But it just seems
to me that the overall evaluation of the police department is mirrored somewhat
by the resolution of complaints.
Watson/You know I think it's a little dangerous to draw too many conclusions from the
fact that most of the allegations that we found are not sustained or the number of
complaints are going down. Some of the allegations are serious, some of them by
our process we almost have to say they are not sustained, in some cases though we
suspect that not that we would sustain them but there was some other things going
on that might have been preventable.
Wilburn/You mentioned that you were troubled by officers not taking advantage of the
mediation. I was curious as to what are your hopes to come out of such a
mediation and I mean you can't go into a specific case but can you perhaps color
in how that how it might have influenced something that you were looking at?
Watson/Well I don't think it's influenced us at all, I mean it's pretty much routine, it's
all for both parties, and both parties have to agree to it and we don't always know,
often the complainant doesn't want to do it too I think I mean informal mediation
is always available to a complainant and that is not necessarily with an officer or
the subject of the complainant, it can be just one, the chief or one of the chief's
staff that, or the supervisor of the officer that, that's always available and I don't
know how else, we don't have information about how often that's used. The
formal mediation process is done through a third party contracted by us to do the
mediation, professional mediation. I think it's only been tried only once or twice.
Fan'ant/It's a very low rate.
Watson/And the one that was there was not successful. I guess, and I can understand
why an officer in a particular situation would not want to go into mediation with a
particular complainant and vice versa. What we're concerned about is just kind of
the blanket coalition of mediation that, an officers being told amongst themselves
or by the union or whatever don't mediate, that's what we're concerned about. It
should be the individual officers decision to do that we believe, the same thing
with attending a name cleating hearing. If it looks like we're going to be critical
of an officer we're required to hold a name cleating hearing so the officer can
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appear to us and give his or her side of the sto~y. Apparently had been told to not
attend those.
Lehman/RJ would you respond to that officers not appearing at name clearing or for
mediation because I think and I think your right John what I read they've been, I
believe this is correct encouraged by their union not to participate.
Watson/We've got correspondence that indicates that.
Lehman/OK.
Winkelhake/Early on I think there was one name cleating, where in fact the officer
decided not to go, I spoke with him and he went and I think that probably
changed the.
Watson/Yep, it changed our.
Winkelhake/What the decision was. Since that time we have received correspondence, I
have from the union say they do not want to do that, they are not going to do that,
and I've received from the union president and I believe from their attorney as
well that they choose not to take part in it period.
Champion/Are all the officers members of the union?
Winkelhake/I can't tell you who is and who isn't, I've been told.
Karr/Yea, RJ would you use the mic on the podium please.
Winkelhake/Okay. I can not tell you who is or who isn't, but I have been told that not all
of the officers are members but who is and who isn't I don't know.
Pfab/I have a question. You have access to the video tapes, the audio transmissions,
radio so you have that without the officer being there?
Watson/Yea we can request any part of the case file, unless it was, if it's a transcript of
the officer or any material that was obtained from the officer because of an
investigation, we're not entitled to that if the officer says no. But it should be the
officer's decision to not release it, not, I mean it's the officer's 5th Amendment
right not to release it, it's not the union's 5th Amendment right or the departments
5th Amendment right.
Lehman/I think we're going to get an opinion on that.
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Dilkes/I just want to clarify though, I agree that we have received correspondence from
the union and it does appear to be a union position but we do in each individual
case require that the officer sign a statement either releasing or choosing not to
release their statement. So we do not rely on a the union's position to make that
decision in each case as to whether we're going to release the statement. We
require the individual officer to make that decision.
Pfab/But you were saying that all the data that's collected by the police department in the
daily, in the process of ongoing either with videotape or audio, radio transmission
and radio traffic that that's available to you, other than if somebody sits down
with the officer and said I I'm putting you down in an investigative interview, that
you don't have any access to?
Watson/The product of that interview fight I don't have access to, anything.
Pfab/So you really don't go into those things naked either do you? I mean that you have
the public opinion.
Watson/Neither literally or figuratively.
Lehman/That's a relief.
Pfab/Bad choice of words.
Wilburn/Do you have the tools you need to do this?
Watson/Yes except we would like, you know often, it's just like in a name clearing
hearing, when we heard what the officer had to say in that particular hearing we
understood the situation a whole lot more, we understood the guidelines that he
was operating under and we did not sustain that complaint whereas before we
were leaning towards sustaining the complaint. It's helpful for us to see the whole
picture, and part of that whole picture is to see the transcripts of intereiews
including of the officer. We feel hampered by not having that, understanding that
if the officer if he feels that there's something in there that is not in his best
interest he has the fight or she has the fight to say no I don't want them to see that.
That's OK, but as long as it's an individual decision I guess we can live with that.
O'Donnell/John can you recall offhand how many complaints you had the first year?
Watson/Well I had that data right here, I didn't include it, it was, we have a calendar year
and a fiscal year, so I'm, Sandy do you have that also?
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Bauer/Calendar year (can't hear).
Lehman/You need to speak in the microphone.
Watson/Oh I remember it, it was 7, we were started in September of 97, we had 7 by the
end of that year, in 1998 we had 20, in 1999 1 think it was down to about 10, and
we've had one this year so far, calendar year.
O'Donnell/So you've had one complaint this year.
Watson/One complaint so far this year.
O'Donnell/In the past you've done some neighborhood forums. When was the last time
you've done that?
Watson/About, it was at the neighborhood center I believe about a year ago.
O'Donnell/So that last one that I attended. Do you, do you see any good that came out
of this neighborhood forum over there, did you, did we have anything positive on
that John?
Watson/I think we have different opinions about that amongst the Board. I, that
particular one was not real constructive but we've had some that I think were
really helpful to us.
O'Donnell/Because that was my assessment of that forum there.
Watson/No that one had it's problems.
Vanderhoef/What do you gain fi:om some of those? What do you think you have gained
from some of your forums?
Watson/Well an understanding of what the community believes what the police conduct
should be, what some of those standards that we're suppose to understand are.
We're not sure how to get that information except go out and ask people for it. So
that's really just, part of what we felt was our role is to try to ascertain what the
commtmity standards for police conduct were.
Vanderhoef/And were you surprised by anything?
Watson/Oh yea, lots of things.
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Champion/That's hard to establish because I really like policeman unless they did
something wrong then I might not like them.
Lehman/File a complaint. Steven.
Watson/We understand like you do first of all that people that come to those have
something to say one way or another, and that we're not getting you know, it's not
a poll of the whole community, we understand that.
Kanner/On mediation, I've got a couple things. Mediation it's between an individual
and a police officer were in affect where it might be needed in essence a
mediation between the individual and the police depamnent policy and it seems
the way we deal with that is evaluation of the overall performances and so it, we
haven't seen that and so I would ask you to comment on that and it appears that
we need more tools out there to do that, to make sure that it's not the policy that
are out there versus the individuals. And then I also wanted to ask, again it seems
that the greatest interaction between police and citizens of Iowa City is perhaps
those arrested for underage drinking and college student ages and I'm wondering
if we have enough output into that community to let people know about the Police
Citizen Review Board and perhaps other targeted communities within Iowa City,
that we have to make more of an effort a proactive effort to get the word out, I
think the community forum was probably one way to do that, maybe we need to
look at other tools to make sure that those people feel that they can come to the
board. And the other question and concern is we try to look at our boards in terms
of male and female and sometimes in terms of ethnic and racial makeup and are
we doing that enough for the Police Citizen Review Board? That especially if we
have it seems like over 25 percent of the complaints are from minority population,
do we have minority representation on the Police Citizen Review Board. Is that
something that we can be more proactive in? So I throw those things out to you.
Lehman/We did, when we applied the initial Board, we appointed a person of color and
found out and after the appointment was made the person did not live in the city
of Iowa City and that was a, and that was one of the concerns. I think they had
40, 44 or 45 people apply for that first Board and it probably got more scrutiny
than any appointments we've ever made. I think that's a valid point but as your
well aware, appointments can only be made from those people who apply.
Kanner/Well maybe the City along with the Board as part of their charter has to be
proactive in going out into those neighborhoods and say we want folks to serve on
the board, look at serving on the board and applying for it.
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Lehman/That can.
Vanderhoef/We're just reaching that time now where some of those terms are starting to
turn over and so we haven't had that opportunity really except this one
replacement that was an unexpired term. And here again we did not have a person
of color apply.
Watson/And there was some effort on the part of Board Members and some Council
Members to try to encourage minority applications.
Vanderhoef/Yes, I know I worked at it.
Farrant/I think it's becoming known too that this is a very labor intensive undertaking
and a lot of my colleagues of color are people who are sought after to do lots of
things because we have minority minority in this town and.
Wilburn/There's only a few of us.
Farrant/Truly it's very hard, I mean I've drummed up the trade among people where I
work and they've come to know this is going to be a lot of work and to be honest
you know, you have to make your choices. So I don't disagree with at all I just
think it's a challenge.
Kanner/Well maybe we have to look at things like child care if that would help or other
tools that might be of help to encourage people. There are tools that we can look
into.
Farrant/Something for you to look at.
Watson/IfI could address the first two parts of your question. One had to do with
policy, we do have copies of the general orders that constitute a policy under
which the department operates and we do refer to those sometimes and have made
comments about policies, I don't know, I don't think mediation on a policy really
probably, we comment about policy if we have a thought about it if it should be
changed, that's not been too often, but we have done that. Outreach to students,
we did hold one of our forums at the Newman Center and really targeted students
with our flyers and our press releases and advertisements I think and had very few
students attend that.
Pfab/What is your policy as you look out into the future, of having forums?
Watson/ Well we're planning one this year.
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Pfab/So one a year is what your?
Watson/I think so. You know we haven't been in a great hurry, we had three in fairly
quick succession, I think they had mixed reviews, I think you know, I think we
want to figure out how we want to do the next one and where and when and so on.
Pfab/But what I'm asking is just because you had a flop so to speak or kind of one
against the grain that doesn't both discourage you from doing anymore?
Watson/No I don't think so, I think we intend to have another. We haven't scheduled
one but it's in our plan to hold one.
Vanderhoeff Are you going to try and target a subject matter for the forum so that there's
an education piece that goes along with public time for them to give you input?
Watson/We've talked about doing that but we haven't really discussed the format yet for
the next forum so we have talked about the possibility of doing that.
Lehman/You know it seems to me that the more the PCRB is able to work with the
police department and obviously the indication since an officer is there at
meetings, it's best because you can ask questions and get immediate answers. To
me the PCRB and the police department really need, they need to kind of be hand
in glove if they're going to be, you could provide some real help to those folks I
think, you've got suggestive ideas but in order to do that there has to be that
relationship like your talking about at the meeting where you have an officer
there. And I'm not sure that, you can talk to the chief, but I'm not so sure that
they couldn't be of some help in forums too.
Watson/Well we had the chief at the last one, as a matter of fact he was the speaker at the
last one.
Lehman/And I think that's, well, I think that's great PR for the police department and for
the board.
Kanner/I have a question for Eleanor. Eleanor in chapter 8 it talks about how there are
certain things you can't compel police officers to do before the commission
because of the constitutional law but it also, it says there are certain things you
can do as an employee that I would assume that would have to be negotiated,
settlement between the City and the union. Are there ways to legally, if we were
to negotiate in a union contract to compel police officer's to take part of the
process or suffer some sort of employment setback some way?
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Dilkes/The police chief has the authority to compel an officer to talk to him under threat
of termination or other discipline because the police chief has the right by state
code to meet out discipline. And that state code, the civil service chapter of the
code pretty much occupies the field when it comes to hiring and firing of police
officers so the short answer is no.
Kanner/Could there be a scenario where the commission perhaps does not discipline an
officer but could recommend to the police chief as part of their report possible
discipline because of officers not appearing?
Watson/We can't according to the code.
Dilkes/No.
Watson/We can not recommend discipline.
Kanner/OK because when I saw in here it said, chief is in charge of discipline under state
code but I didn't see where it said about recommendations.
Champion/Well the officer.
Dilkes/Well certainly if you're suggesting a recommendation that would somehow affect
their employment if it's not, I mean that's, no, that's not a possibility. But I think
the problem you've got is with state law and we're going to have, I think if we
enter that area at all we're going to have some big preemption issues.
Pfab/I'll make a statement and in very much support of what you're doing and that's on a
global basis after you watch the news of what's going on presently in Illinois with
the prison terms and California, those, it's possible for human beings that are
police officers to do wrong and I think this is a good way to help them realize that
immediately there is a way to do that and it also allows the public a chance to say
you know I'm wrong, I, there is a way for me to go and it's, it relieves the
pressure on, pressure cooker relationship so that's, it's you, it looks like your
doing a good job in at least attempting to do a good in providing that service and I
commend you.
Watson/Thank you.
Lehman/Other Council comments. As far as the sunset clause is concerned, that is
obviously a decision that has to be made this September, I don't, or a year from
this September.
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May 1, 2000 Council Work Session Page 16
Watson/Well before August 1 of next year.
Champion/A year from now though.
Watson/We would like to know how your going to make your decision. How your going
to make your decision. What your going to base your decision on. What criteria?
Lehman/Well we haven't talked about that, we've never talked about the criteria.
Pfab/We should be.
O'Donnell/That would be a good thing to put on a future work session.
Lehman/You know you've got to be really careful because that's a really really good
question. How do you determine, obviously I would assume the thoroughness of
your investigations, I don't think anybody can fault those, you've done I think a
very good job. There certainly has been no dereliction of duty when it comes to
putting in the hours. I guess personally I would I'd be interested in the
cooperation between the police department and the PCRB. I think you hit it on
the head in your note that there's a certain, I don't like to use the word sensitive,
there's a certain feeling between the Council and the PCRB which I think is as it
should be because we would like you folks to be autonomous as you can possibly
be and not take direction from anybody sitting around here. If you do you lose
your effectiveness, we were very careful in selecting that group of folks to start
with. That is something I suppose that we would, yea there needs to he some
criteria. Obviously, I shouldn't say obviously, it's obvious to me, probably the
most important criteria is the level of comfort within the community knowing that
there is a board that reinforces the, our own, we happen to feel we have a very
good police department, I think you feel the same way and based on the
complaints has really proven that we've got a wonderful police department and
very professional folks. And I think there's a group in the community just, a level
of comfort with the police is just better knowing that someone is there to verify
what the chief has found, and in most cases that's what's exactly what happened
so, to me that would probably be the biggest criteria in evaluating whether or not
the PCRB continues is that level of comfort within the community. What it does
for our police department and I think it does a great deal for us, ! think you guys
have. If you want to look at the complaints, the police department has come out
very good.
Watson/Are you suggesting we're the cause of that? I don't think
(all talking.., laughing)
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May 1, 2000 Council Work Session Page 17
Lehman/No, no, no, I don't, I don't think your the cause of that but I do believe that
credibility is there because your there, we have, and those of us who are closer to
the police or whatever, I don't think I've ever dealt, doubted the credibility, there
are people in the public who do. They doubt us.
Watson/And they doubt us too. I mean we have negative (can't hear).
Champion/Right.
(All talking)
Wilbum/The part that your not referring to though is it's also not only to affirm what law
enforcement is doing well but in instances and hopefully rare where there is
something wrong because that's a local comfort for us the public too because I
mean don't look at law enfomement any different from the general public, there's,
nor any other business, there's people doing what they're suppose to do and
there's people who may not in any, you know we're people, we're human beings
and that's the safety net that it provides I think.
Farrant/And we really want that level of attention to be there or we're not doing our
work, I mean this is not a cheerleading group for any faction in the community, on
the other hand I think as Ernie has said it does review that problems are solvable,
at least the ones that have come to our attention, but I think the attention is (can't
hear).
Lehman/Healthy.
Farrant/(can't hear).
Vanderhoef/The number of complaints is one of the things, the seriousness of the
complaints that are sustained will be something else to look at. Looking to see
where the complaints are as a group of complaints, whether they're all excessive
use of force or what those are and what the perceptions are of those. Those are
the kinds of specific criteria that I would be looking at and the things that Emie is
talking about also because yes there's, a safety net there in what you folks are
doing and I acknowledge that. Whether it is that much different than whether you
were not there that would be the question to answer.
Lehman/Other Council comments or Board comments. Thank you folks, appreciate it.
Planning & Zoning Matters
This represents only a reasonably accurate transcription of the Iowa City council
meeting of May 1, 2000.
WS050100
5TEVEN KANNER
City Councilmember. 'row,., City.
Home Address: 515 E. College St., #3, Iowa City, Iowa 52245 (319)338-8865
To: Stephen Atkins
From: Steven Kanner
Re: I.C. Police Officer Quote in D.I.
Date: May 18, 2000
I just read an account in the U.I. Daily Iowan about a local man who was allegedly
threatened in the Fieldhouse by another man claiming to have a knife. ("$1 tequila lands I.C. man in
jail," 5/10/00) What concerns me about the incident is the following quote fi.om an Iowa City
police officer that appeared in the newspaper: "It's stupid if you ask me, (police Lt. Dan) Sellers
said. "If somebody wonld come up to me like this, I would tell him to get away and play with
his own friends. If he pulls the knife ont, I would have hit him with something."
Has police office Sellers been questioned to verify if the above was an accurate quote. If it
has been found to be accurate, I fred it very disturbing and hope that Seller's advice is not condoned
by Iowa City Police Department policy. Whether the quote is accurate or not, I feel that thc City of
Iowa City and its Police Department needs to issue a statement disavowing the above quote/advise
as a proper course of recommended action.
Please respond to my concerns and let me know what your investigations have found.
Thank you.
cc:
Police Citizen Review Board Chair, John Watson
The Daily Iowan ~ Iowa City, Iowa Wednesday, May 10,
& NATION
space $'1 tequila-land
I C man in lan:"
· A Ioc21 man allegedly Sellers~"Bvt I have never heard of
anything like this in a bar."
threatened a Fieldhouse R~os did not have the knife in
patron in order to get a his hand, and the alleged victim
d ri n k: was nor physically injured, Sellers
: said. In a situation such as this;'
By Christoph Trappe the outcome heavily depends an
The Daily ~owan the victim's ~eaction.
"It's stupid if you ask
Police ~L~rested an. IoWa City SeLlers said. "If somebpdy would
man early Tuesday morr~g a/~er come up to me lik~ th~, I .would"
an, alleged incident at the
Fiqldhouse :~taurant & Bar, 111 tell him to get away aad play wi~
, E:College St.: . / ::. his Own friends. If
Marlo Rios. 2401:Highway 6 E. knife .out. I wo~ld ,hq~(,e, hit'~
Apt. 1803, approached another
bar patron and requested that the
Brett Roseman/The Da y Iow~h- v'[c~ buy ~ a tequila with about the incident,.and,
Ume, according ~ court records, know who~ca]Jed the police. Tl~e
alleged z~obber
' Rios, 29, .told the person he hod a
Futrell Iool~ at artwork at Aris, knife and would use it it' the by
moving back Into its original.' req~:est ~v, as.denJed, the court doc- Rios
· , g after occupying the former um~nts s~dd. -
asr nine inonths. T~e patron bought the drink for that is puz~shable~ b~
., Rios because he febxed for his yeaxs L~ prison. ~
safety, court records said. The ~0st Rios is being
and attractive and provided a for the tequila drink was $1 Coun.ty JaiI:on
great atmosphere." Hollis said. Monday night, said Mike His preliminary h~ing tias been
The nonprofit organization McCormell. the bar manager a~ set for May19 ~ J0hnpo~ n
'will celebrate its 25th anniver~ ~he ~ld~house. Distric~ Court..He'.c0uld
sary on May 19, before the move. ~I~nor rob,berles, like this one~ reached for conunen~.
Of reporter Avian Cartasquillo can be reached at: happen aU the tira~ around Iowa ' Ol reoorter ChdstoDh
*~ av~an-carrasauillo@uiowa.edu Cityf said Iowa City police Lt. Dan
some
CAREERS IN THE' TW ce./ .ut, Nce
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· ' s~.,.~...o..,,,~.~,~., ~,, .... '~ 'Consign your.
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H.~ ~,~t~ (1 block south ,o[ ~tie~s;',Off,~il?~)
887;i 566V' '."
319-351-2337 Hours:
-5:30 · Sat 9-5 · Sun 11-4
City of Iowa City
MEMORANDUM
Date: May 22, 2000
To: Steve Kanner
From: City Manager
Re: Police Officer Comment - Lt. Sellers
I too share your concern and saw the comment in the DI. Lieutenant Sellers was
contacted immediately by Captain Widmer concerning these alleged comments. There
is disagreement as to the accuracy of the quote. I can assure you we deal with these
types of circumstances in a prompt fashion. I do not believe it is in our best interest to
issue any kind of statement disavowing any type of quote particularly when there is a
difference of opinion. The only written record would be the reporter's notebook, which I
have never seen a reporter surrender. Furthermore it simply sets off the potential for
further media debate and, based upon my experience, further misquotes.
c: John Watson
Mgr~mem~sa5-19-2.doc