HomeMy WebLinkAbout09-12-2000 CommunicationSandj~ Bauer
From: Osha Gray Davidson [osha@oshadavidson.com]
~.nt: Tuesday, August 01, 2000 12:26 PM
: sandy_bauer@iowa-city.org
oubject: POLICE CITIZENS REVIEW BOARD
Dear members of the Police Citizens Review Board,
The Iowa City Police Department deserves praise for beginning the practice
last year of keeping track of the racial demographics of all traffic stops,
and releasing that information to the public. It was one of the first law
enforcement agencies in the state to do so.
"Racial profiling" is one of the more controversial issues in
police/citizen relations today, and for good reason. If it doesn't happen
to you, racial profiling may s6und like nothing more than an inconvenience
at worst. But when police make routine traffic stops based on the
individual's race, rather than on suspicious behavior or illegal actions,
they assault the dignity of the citizen and undermine a basic tenet of our
society-the belief that all people should be treated as equals before the law.
Of lesser, but real importance, is the fact that racial profiling breaks
the all-important bond of trust between the police and the citizens they serve.
In the absence of hard data, critics can claim that cops engage in racial
profiling here every day. Apologists can swear that the practice never
happens. But without the facts, the only thing we can be sure of is that we
don't really know what's going on. Again, the ICPD deserves credit for
providing information-not just rhetoric.
On July 31, the ICPD released its first annual compilation of traffic stop
data. While this represents an important step in the right direction, the
quality of the information can and should be improved. Only raw numbers
~<~re released in the police report. Based on these figures, I calculated
at nearly 8% of the total was black. But what does even this figure tell
us about the practice of racial profiling here? Without knowing the
percentage of black residents in Iowa City, it's still impossible to tell
if blacks are stopped disproportionately. Expanding future ICPD traffic
stop reports to include these percentages would provide a more complete
picture of the situation, and help to answer the question: '~Is racial
profiling a problem in Iowa City?"
The ICPD has taken an important first step, and for that they should be
congratulated. They should also be encouraged to take the next step.
Sincerely,
Osha Gray Davidson
cc: Iowa City Council
Iowa City Press-Citizen
Iowa City Gazette
Iowa City Police Department
Osha Gray Davidson Home page: www. OshaDavidson.com
14 S. Governor St.
Iowa City, IA 52240
USA
IV. Complaint Review Process
The Board shall review all Police Chief's reports and City Manager's reports concerning
complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB
Standard Operating Procedures and Guidelines.
A. Review of Police Chief's report or City Manager's report. Follow 8-8-7 B of the
City Code.
B. Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The
Board shall notify the Complainant and the Police Chief, or the City Manager if
the complaint is against the Chief, of the selected level of review. The Chief shall
notify the officer of the selected level of review.
C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of
the City Code.
D. The PCRB shall not issue a public report critical of a police officer until after a
name-clearing hearing has been held or waived by the police officer. Refer to
Section 8-8-7 B.4 of the City Code.
E. Name-clearing hearing procedure
1. If the Board determines that the comments or findings contained in its proposed repod will
be critical of the conduct of a sworn police officer, it must offer the officer a name-clearing
hearing prior to the issuance of the Board's report to Council.
2. The Board shall select a proposed date for the narhe-clearing hearing.
3. Written notice of the date, time and place of the name-clearing hearing shall be given to the
officer n__o less than ten working days prior to the date set for hearing. The notice to the
officer should be transmitted via the Chief of Police. The notice to the officer shall provide a
written response form for the officer to demand or waive the name-clearing hearing. Said
wdtten response form shall also allow the police officer to state whether he or she requests
an open or closed session.
4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for
hearing, the hearing shall not be held.
5. If the officer does not respond to the notice pdor to the time of the hearing, the hearing shall
be convened. If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will first determine
whether the hearing shall be open or closed. If the officer requests a closed session, the
Board shall close the session pursuant to motion specifically identifying Section 21.5(1)(i)
and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a
closed session the session shall be open except where closure is appropriate pursuant to
Section 21.5(1)(a).
PCRB SOP-2/99 - 5
7. At the hearing the Board shall advise the officer of the Board's proposed criticism(s) and
evidence supporting the same. The officer shall be given the opportunity to be heard and to
present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the
officer, the Board changes its level of review, it shall issue a new written notice pursuant to
subparagraph B. hereof. If, following said change, the proposed report is critical of the
sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer
pursuant to the name-clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to participate in, a name-
clearing hearing.
F. Report Writing - Follow 8-8-7 of the City Code
1. The Chair shall appoint a committee to prepare draft 'repods. The
committee may request assistance from staff as needed.
2. When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft repods shall be confidential.
5. Final Public Repods shall be reviewed by legal counsel to the PCRB
before being submitted to the City Council.
G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City
Code. The copy sent to the City 'Council shall be accompanied by the minutes of the
meeting which approved it and be sent to the City Clerk for inclusion in the next
Council agenda packet.
H. Once the Public Repod is sent to designated padies, the complaint file is closed and
is taken to the City Clerk's Office for retention.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
Date
R. J. Winkelhake, Police Chief
Iowa City Police Department
410 East Washington Street
Iowa City IA 52245
Dear Chief Winkelhake:
We are enclosing a letter to be delivered to the officer involved in PCRB
Complaint # Since we do not have the names in our report, we would
appreciate your forwarding this to the officer involved. Please note that the
attached sheet indicating whether the officer wishes to participate in the
name-clearing hearing is returned to you for your files. Please notify PCRB
staff (Sandy Bauer or Marian Karr) on the officer's intent.
Thank you for your cooperation.
Sincerely,
John Watson, Chair
Police Citizens Review Board
Enclosures
POLICE CITIZENS REVIEW BOARD
A Board of the City of iowa City
410 East Washington Street
iowa City IA 52240-1826
(319)356-5413
Date
Dear Officer:
On 2000, PCRB Complaint # was received at the Office of
the City Clerk and was referred to the Police Chief for investigation. The Police
Chief prepared a report to the Police Citizens Review Board, which was completed
and submitted on . Pursuant to Chapter 8-8-7 B(4) of the Municipal
Code:
The Board shall not issue a report which is critical of the
sworn police officer's conduct until after a "name-clearing
hearing" has been held, consistent with constitutional due
process law. The Board shall give notice of such hearing to
both the police officer and the complainant so that they may
testify before the Board and present additional relevant evidence.
The Board shall be responsible for protection of all State and
Federal rights enjoyed by both the officer and the complainant.
The officer may waive the right to this hearing upon written
waiver submitted to the Board.
The Board hereby gives notice to you that a hearing will take place concerning
PCRB Complaint # at the Board's next meeting on
2000, at 7:00 p.m., in the Lobby Conference Room of the Civic Center, unless you
waive the right to such a hearing.
Please acknowledge receipt of this notice on the attached sheet indicating whether
you wish a name-clearing hearing to be held in this matter, and sign and return in
the enclosed envelope by 12:OO p.m. on , 2000.
If you fail to attend the name-clearing hearing, no hearing will be held by the Board.
Thanl~ you for your cooperation.
Sincerely,
John Watson, Chair
Police Citizens Review Board
cc: RJ Winkelhake, Chief of Police
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
I acknowledge receipt of the hearing notice concerning PCRB Complaint
# and will attend the hearing scheduled at 7:00 p.m. on ,
2000, in the Lobby Conference Room at the Civic Center.
I wish for the name-clearing hearing to be in:
Open Session
Closed Session
Signature
Date
I acknowledge receipt of the hearing notice concerning PCRB Complaint
#__ and waive my right to such hearing.
Signature
Date
RETURN IN ENCLOSED ENVELOPE BY , 2000
City of Iowa City
MEMORANDUM .
Date: May 16, 2000
To: City Council
From: City Manager
Re: Proposal for an Advisory Committee of People with Disabilities
Recently the City Council received a request to consider forming an advisory
committee of people with disabilities. It appears the specific interest of the
individual making such a request was to advise City employees, the City Council
and in particular the City's technical staff as it relates to capital projects and
programs.
Interest in this issue appears to have developed due to the manufacturer's error in
construction of the downtown kiosks. As you know the kiosks were improperly
constructed/installed and therefore the manufacturer was to assume responsibility
for ADA compliance. That project is underway at no cost to the City.
The review of capital projects can be complex, involving a variety of codes and
technical disciplines, such as engineering and architecture. ADA compliance is
incorporated into project specifications. Contractors are legally bound to provide
ADA compliance with the award of City construction contracts, that provide such
specifications.
A common procedure for our technica~ staff is to conduct a pre-design meeting.
When necessary, the staff will call upon those who are knowledgeable to consult
and assure that we have identified all pertinent ADA and related issues. The
federal law is clear and therefore the incorporation of ADA compliance into the
contract is a satisfactory means to assure these issues are dealt with during the
construction process.
Until recently there was a Council on Disability Rights and Education (CDRE)
which was staffed, in part, through my office. This group provided public
information and education about disability issues, it has since dissolved due to the
lack of interest.
Due to the extensive legal requirements and our ad hoc use of those with
knowledge of disabilities, we believe the creation of a separate committee is not
necessary.
At your request, Department Directors will be asked to solicit input from
appropriate Boards and Commissions on this matter as well. Any comments will
e contained in minutes and/or forwarded to you. /
Purpose of PCRB Video
Our intent is to:
· Inform and engage the citizens of Iowa City regarding the
origins, role, and function of the PCRB.
· Explore some of the issues that surround the PCRB.
Overall tone and flavor: balanced, candid, interesting, informative.
The video would be used for presentations to community and
neighborhood groups, service clubs, City boards, commissions and
employees, and for broadcast.
Major issues:
· Access to ICPD information and officer participation.
· Race-based issues in policing.
· Authority of PCRB (deference).
· Continuation of PCRB (sunset clause).