Loading...
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).