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HomeMy WebLinkAbout07-14-2000 Communication City of Iowa City MEMORANDUM Date: July 11,2000 To: Police Citizens Review Board From: David Schoon, Economic Development Coordinat0?_._~/-~ ?,~,~¢~ ~ ~;/ ~-'%- Re: Iowa City Business Outreach Survey 2000 At the end of February of this year over 570 businesses received a copy of a business outreach survey. Almost 200 businesses (nearly 35%) returned their survey. Attached is a document graphically summarizing the results from the returned surveys. The survey contains information that you may find relevant to the Police Citizens Review Board. As the City Council and City staff prepare an economic development work program, the City Council will take into consideration issues and concerns identified by Iowa City businesses through this survey. If you have any questions or comments regarding the survey results, please call me at x5236. Attachment Iowa city Busincss outrcac# vo0 /~)nder the direction of Iowa City staff, a team of graduate students from the University of Iowa Graduate Program in Urban and Regional Planning prepared and conducted a business outreach survey of businesses within Iowa City. At the end of February, 574 surveys were sent to Iowa City businesses listed in the Iowa City Area Chamber of Commerce directory. Listed below are general conclusions and summaries of more specific findings from the survey results. Who Responded Business Type (198 Responses) · Office - 37% · Retail/Commercial - 36% · Construction Trade - 12% · Non-profit - 10% lIndustrial - 4% · On-line - 1% Location (195 Responses) · Downtown - 37% · East Central - 25% · Southeast - 14% · Westside- 14% Business Size · Northeast - 6% (195 Responses) · 0-25 Employees -70% · 26-75 Employees - 18% · Over 75 Employees - 12% Strengths and Weaknesses of the Iowa City Business Climate 5 - Very Strong; 4 - Strong; 3 - Fair; 2 - Weak; 1 - Very Weak Iowa City's Business Climate When asked to rate the strengths and weaknesses of Iowa City as they pertain to the business community, the graph to the right shows how each of thirteen factors were rated. Iowa city's Business Climate (continued) business, 140 (71%) of the 197 respondents rated Iowa City as an excellent or good place to do business. Only eight (4%) rated Iowa City as a poor place to do business, while the remainder rated Iowa City as a fair place to do business. Percentage of Business Owners Rating Iowa City as an Excellent or Good Place to do Business by Business Type $0% ~ R~all (3ff~e~ Indu~fial ~m ~4~ T~ ~ N=52 N=54 N~ N= 14 N= 15 N4 of businesses rating Iowa City as excellent or good. Based on the survey results... · Iowa City has a fairly healthy business climate as evidenced by the large percentage of busi- nesses anticipating any combination of building space, employment, or machinery and equip- ment expansion in the near future. · City staff has generally been responsive to the needs of the business community despite the perception of a minority of respondents (that provided comments) to this survey. · Iowa City is generally regarded as a good place to do business. page Health of Iowa City's Businesses 2000 .~en asked what changes, if any, the busi- nesses have experienced within the last five years, respondents indicated... Expansions Recent Expansions and Reductions 69 Building expansions 89 Machinery & equipment expansions 109 Employment expansions Reductions 7 Building space reductions 2 Machinery & equipment reductions 25 Employment reductions Note: A business could choose more than one response. ~r~ Anticipated Changes When asked what changes, if any, the busi- nesses anticipate in the near future, respon- nts indicated .... Expansions 49 Building expansions When asked if a business was considering 50 Machinery & equipment expansions expanding, businesses stated the following 90 Employment expansions reasons why... Reductions Reasons for Anticipated Expansion 2 Building space reductions Factor Responses 0 Machinery & equipment reductions Improving Market Conditions 53 7 Employment reductions Land Availability 7 4 Closing Availability of Transportation 3 18 Relocating outside of Iowa City Fair Local Taxes 1 Note: A business could choose more than one Fair State Taxes 2 response. Shift Towards On-Line Operation 4 Anticipated Activity Inadequate Workforce* 10 ~0o% Other 27 I ~0~ *Inadequate Workforce was intended to mean the 40% need for additional workers. 20% O% Page 3 Health of iowa City's Businesses (continued) reducing, relocating, or closing, businesses stated the following reasons... Reasons for Anticipated Expansion Factor Responses Changing Market Conditions 15 No Land for Expansion 8 Transportation Problems 5 Environmental Concerns 1 Rigid Code Enforcement 8 High Local Taxes 10 High State Taxes 0 Lease Expiration 12 The breakdown of the 18 businesses Shift Towards On-Line Operation 2 reporting that they anticipate locating out Inadequate Workforce 5 of Iowa City in the near future is as fol- Other 10 lows: Business Sector Retail/Commercial 5 Office 7 Industrial 2 Of the four businesses reporting that they Construction Trades 4 L? anticipate closing in the near future... Business Location · All four are retail businesses Downtown 6 Southeast 4 · Two are located downtown, one on the East Central 5 southeast side and one in the east central side of town. Northeast 2 West of the River 2 Expansion and reductions of the different sectors of the economy vary as follows... Expansion and Reduction by Sector Sector %Reporting %Reporting Expansion Reduction Retail (72 respondents) 59.7% 15.3% Downtown Retail (30) 50.0% 23.3% Office (74) 71.6% 14.9% Industrial (8) 87.5% 0.0% ~:j Construction Trades (24) 87.5% 12.5% Not-for-Profit Businesses (20) 85.0% 15.0% Page 4 city Government- Services & Staff 2000 The Highest Rated: Fire Protection Quality of City Services Police Protection s 4.5 4 The Lowest Rated: Land Development Process Building Permit Review Process Public Parking 1 - Very Low When businesses were asked if they feel that the overall quality and quantity of City ser- vices justifies the amount of local taxes their b' qness pays, they responded... City Services Justifies Taxes Paid 40% 60% Yes One area of the business community and one sector of the business commu- nity stood out in their response to this question... · Of the 22 construction trade businesses responding to this que'stion, 13 (59%) believe that the quality and quantity of services provided did not justify the amount of local taxes they pay. · Of the 20 southeast businesses responding to the question, 11 (55%) felt that the overall quality and quantity of services provided did not justify the amount of local taxes they pay. city Government. Services & Staff (Continued) 200 they have been with City staff s level of help- fulness in their interactions within the past year, businesses responded... City regulations viewed as... Satisfaction with City Staff's Helpfulness Having more of a positive than negative effect on business were: ...Fire Code Regulations · Very Satisfied - 35% ...ADA Interpretation and Enforcement · Somewhat Satisfied - 32% · Had No Contact - 17% ...Building Code Requirements · Not Satisfied - 12% · Indifferent - 4% Having more of a negative than positive effect on business were: ...Dimensional Requirements ...Zoning Use Restrictions ...Sign Requirements ...Off-Street Parking Requirements General Summary of Comments Though many written comments were made by survey respondents regarding a variety of topics, a few common issues were noted from several surveys. They are... · There is a perception that non-downtown businesses are ignored. This perception is held mainly by businesses in the southeast section of Iowa City. · The availability and cost of public parking is a concern. · Several respondents also indicated a desire to be involved in the economic development process. How will Survey Results be Used? As the City Council and City staff prepare an economic development work program, the City Coun- cil will take into consideration issues and concerns identified by Iowa City businesses through this survey. For instance, the City has already hired a consultant to review the City's development code to look at ways to refine it and to make it more user friendly. Annually surveying the Iowa City business community will be one tool to help the City gauge the needs and concerns of businesss. Iowa City Business Outreach Survey Prepared by: Iowa City Department of Planning and Community Development Conducted by: Joseph Barbeau, Aaron Chittenden, and Angela Clark, Graduate Students in the Graduate Program in Urban and Regional Planning, University of Iowa Supervised by: David Schoon, Economic Development Coordinator. 356-5236 or david_schoon@iowa-city, org Page 6 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: --.' POLICE CITIZENS' RE'VIE'IN BOARD Two Vacancies - Four-Year Terms Ending September 1, 2004 Duties of the Police citizens, Review Board include reviewing Police Department investigations into allegations of misconduct lodged against police officers, conducting further investigation of the complaint when the Board deems it necessary, and issuing a public report which explains why and the extent to which the complaint is sustained or not sustained; maintaining a central registry of complaints against sworn police officers and issuing annual reports regarding the disposition of the complaints to the City Council; reviewing police policies and practices from time-to-time and recommending changes to the City Council when the Board d~ems it appropriate. Iowa City appointed members of boards and commissions must be eligible electors of the City of Iowa City. However, the City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former 'peace officer." Appointments will be made at the September 5, 2000, meeting of the City Council at 7:00 p.m. in the Council Chambers. The City of Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request. 7/13/oo ANNUAL REPORT OF THE POLICE CITIZENS REVIEW BOARD July 1, 1999 to June 30, 2000 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 and the Board's By-Laws and Standard Operating Procedures and Guidelines. PCRB responsibilities: 1. Review [investigations of] complaints of police misconduct · Review the Chief's reports in a manner that is fair, thorough, and accurate · Issue public reports to the 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 I~CRB Armual Report FY '2000 - ~ · Hold periodic community forums to gather public input and to inform the public Activities and Accomplishments Meetings The PCRB holds regular meetings on the second Tuesday and special meetings as necessary. To address complaints during the period covered by this report and to handle a variety of administrative tasks and other activities, the Board held 23 meetings, each lasting one to three hours. The Board also met once with the City Council. Board members assigned to review'investigations of complaints and prepare written reports for the City Council spent an average of four hours per complaint to complete these tasks. During the period covered by this report, Board members each dedicated at least 60 hours to the work of the PCRB (for a total of 300 hours). Administration During the year, the City Manager approved a proposal that the Board apply for membership in National Association for Citizen Oversight of Law Enforcement (NACOLE), a national organization for citizen review boards. NACOLE provides a variety of relevant services, such as national statistics and information, training, and expert testimony. The NACOLE membership was established at the associate member level and the Board Chair will routinely be listed as the PCRB's contact. A senior member of the Police Department now routinely attends the open portion of PCRB meetings. Complaints Number and Type of Allegations The Board received 12 complaints in the reporting period covered by this report: nine in 1999 and three to date in 2000. Eight public reports were issued. Four complaints are now under review. One complaint under review contained several timely allegations and several allegations that were dismissed as untimely. The following data are based on the 24 allegations in the eight complaints reported on. Seven of the eight complaints contained more than one allegation. PCRB Annual Repori FY '2000 Allegations Stop or arrest made on basis of race 4 Officer did not explain reason for stop or arrest 2 No probable cause 2 No medical treatment offered 2 Excessive force 2 Intimidation to consent to search vehicle 1 Officer rude and antagonistic 1 Not advised of right to refuse breath test 1 Breath test poorly administered !, 1 Officer slapped drink from complainant's hand 1 Officer threatened to use OC spray 1 Complainant was left in police car for 15 minutes 1 Failure to Mirandize 1 Officers had previously harassed complainant 1 Officers planted controlled substance 1 Officer made inappropriate comments to the press 1 ICPD gave media copies of police reports 1 Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code: Level a On the record with no additional investigation 7 Level b Interview or meet with complainant 1 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level · Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutiono The Police Department investigates complaints of misconduct of police officers. 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. None of the 24 allegations listed in the eight complaints for which Board reports have been released was sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in four of the reports. The following are synopses of the Board's comments and recommendations: A complainant stated she felt she had been intimidated into consenting to a search of her car. The Board noted that in his Report the Chief cites the importance of securing voluntary consent for vehicle searches and recommends that the officers named in the complaint review department policy on traffic stops and the law concerning consent to search. A complainant alleged that the officer used an inaccurate Preliminary Breath Test (PBT) unit to conduct a breath test or administered it incorrectly. Since there was no record that the officer had signed out a PBT on the date of the incident, it was not possible to determine the accuracy of the unit that he used. The Board recommended that the Chief assure that appropriate administrative policies and procedures be developed and/or followed, to permit routine identification and tracking of each PBT unit in the field. · A complainant sat in her car for nearly an hour while the officer who had stopped her for minor traffic violations waited to receive confirmation of information about her out-of-state license and registration. The complainant stated that upon receipt of the information, the officer ordered her to get out of the car and it was impounded. Considering the lateness of the hour of the stop, the time of the year (late fall) and the complainant's expressed concern that she was not dressed appropriately to walk home, the Board concluded that it would have been common courtesy to a citizen in this situation to offer her assistance in arranging transportation. The officer's failure to do so is inconsistent with Section 208 of the Police Policy Manual. The stop lasted nearly an hour. The Board suggested that a review of department policy, procedures, and practice is warranted when a simple traffic stop is of very long duration. Although there was a video of the stop, there was no audio record. The Board affirmed that it is most desirable that officers verify that audio is functioning during such stops. In this case, since the complainant alleged that the officer had harangued her, the audio record would have been a valuable part of the case file. · It is the Board's opinion that Section 402.3 of the ICPD policy manual is too broad. The Board agrees with the basic premise that police officials should be I~RB A~,n~l R~por~ FY '2000 - 4 responsive to requests for information from the public and the news media. However, it recommended that the policy be changed to 1) permit the Chief to designate a primary spokesperson for the department for issues or incidents that are potentially sensitive or high profile; and 2) more clearly restrict the release of information that is not factual in nature. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name~clearing hearing has been held. During this reporting period, the Board scheduled two name-clearing hearings. Both officers waived the 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 a request for mediation. The Board received one request for mediation from a complainant, but the officers involved declined to participate, upon advice of the union. 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 Police Department has assigned to each officer. In 1998-99, 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 Police Department. The Board continued to follow this practice during the period covered by this report. PCRB Annual Report FY '2000 - ~ Complaint Histories Thirteen officers were named in the eight complaints this report covers. Two officers were named in two; the rest were each named once, ICPD Internal Investigetions Logs The Board reviewed the ICPD Internal Investigations Log, provided by the Chief of Police on October 5, 1999. Complainant Demographics The following is demographic information from the eight complaints discussed in this report. Because complainants provide it voluntaril¥, the demographic information is incomplete. All eight complainants provided some demographic information. Category Number of Complainanta Age: Under 21 1 Over 21 7 Color: White 3 Black 4 Latino 1 National Origin: US 1 African 4 Mexican 1 Unknown 2 Gender Identity: Male 4 Female 3 Unknown 1 .S,,ex: Male 5 Female 3 PCRB Annual R~po~ FY '2000- 6 Sexual Orientation; Heterosexual Unknown 4 Marital Status: Married 1 Single 3 Divorced 1 Unknown Mental Disability: No 1 Unknown 7 Physical Disability: No 1 Yes 2 Unknown 5 Religion: Lutheran 1 Baptist 1 Pentecostal 1 Unitarian 1 Unknown 4 Race; Caucasian 3 Black 4 Latino 1 Some demographic information that was not provided on the sheet attached to the complaint form was taken from the first page of the complaint form. Board Concerns and Issues The Board's concerns and issues include: 1. Continuing to address concerns about limits on/obstacles to access the information the Board needs to do a thorough review of the Chief's Reports. Exploring all appropriate ways of obtaining the information we need to execute fair and balanced reviews. 2. Continuing to monitor and address issues related to race~based traffic stops and other race-based (profiling) issues in policing. Reviewing a full year of results of the iowa City Police Department's new policy on collection of information on race for all traffic stops as soon as they are available. 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. Non-participation of officers in mediation, name-clearing hearings, and release of transcripts. 6. Sunset clause 7. 'Report card" from the City Council PCRB Goals for 2000-2001 Mission ~ ~ · Review [investioations of] complaints of police misconduot · H~lp ensure that polioe department is responsive to community needs Goals 1. Board Education · Continue to streamline Board procedures · New Board member briefings 2. Community Education · Hold forums · Provide information aimed at improving officers' understanding of the Board's function and educating the public about the PCRB 3. 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 Board Members John Watson, Chair Patricia Farrant, Vice Chair Leah Cohen Paul Hoffey John Stratton I~P.~ Annual Repon FY '2000- g