HomeMy WebLinkAbout06-06-2001 Minutes POLICE CITIZENS REVIEW BOARD
- MINUTES - May 8, 2001
CALL TO ORDER Chair John Watson called the meeting to order at 7:00
P.M.
ATTENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren
Horton, John Stratton and John Watson. Staff present:
Legal Counsel Catherine Pugh and PCRB Assistant Sandy
Bauer. Captain Tom Widmer was also present.
RECOMMENDATION TO COUNCIL - Recommend PCRB By-Law change to
read: ARTICLE Ill. Membership, Section 6. Terms.
Members shall be initially appointed for staggered terms
as outlined in Chapter 8, City Code, City of Iowa City,
Iowa. Thereafter, Members shall be appointed for terms
of four years, with terms expiring September 1 ....
VIDEOTAPE Motion by Stratton and seconded by Horton to move
"PCRB Videotape" to Item 2 on the agenda. Motion
carried, 5/0, all members present,
Bob Hardy was present and gave an update on the PCRB
videotape. Since the PCRB is presently an issue before
the Council, Hardy wanted direction as to whether he
should go ahead and interview the Chief and the City
Manager. Chair responded that the videotape should
move forward as planned. Each board member
responded with the same direction. Hardy stated the
interviews so far have been good. Following the
interviews of the Chief and the City Manager, editing will
commence, and should be completed within a month. It
will be previewed by the board before the final cut.
CONSENT
CALENDAR Motion by Cohen and seconded by Hoffey to adopt the
Consent Calendar as presented:
a. Minutes of 4/10/01 meeting
b. Minutes of 4/18/01 community forum
c. ICPD Traffic Stop Demographics - March 2001
General Order - Prisoner Transport
e. ICPD Use of Force Report - March 2001
ICPD Training Bulletin 01-54
g. ICPD Training Bulletin 01-56
h. ICPD Training Bulletin 01-59
i. ICPD April Training Report
ICPD "training" newsletter, May 2001
Motion carried, 5/0, all members present.
SUNSET CLAUSE
AND ORDINANCE
CHANGES Chair suggested the Board decide what suggestions it
would like to make regarding the ordinance and send a
letter to the Council with those recommendations.
Watson indicated he thought there were some general
misunderstandings about the ordinance by council
members. Connie Champion stated she didn't want the
board to set policy. Watson called her and explained that
the board cannot and does not establish policy, it can
only recommend. Nor is the board recommending any
change in this. However, the board does recommend
policy changes to the City Council.
Watson also spoke with Council Member Ross Wilburn.
Ordinance issues/concerns were discussed:
· 8-8-3 N: Recommend change to read: The Board
shall review police practices, procedures, and written
policies as those practices and procedures relate to
the Police Department's performance as a whole.
The Board shall report recommended changes to the
Police Department and the City Council.
· Reconcile what appears to be a one complaint
system in the ordinance, which in practice is a two
complaint system. Regarding 8-8-2 K: the Board
sanctions the two-track system, but recommends the
ordinance allow it access to the investigative reports
of the formal internal complaints. Hoffey stated
"the Board wants to follow the ordinance as it is
written, that a formal complaint is one that comes to
the PCRB or one that goes to the Police Department,
Regardless who handles it, they are both formal
complaints. The board wants to see the other one
(investigative report) as well as the PCRB complaint."
8-8-2 L. would read "in order to assure external
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accountability of the actions of the Police
Department, all formal complaint investigations shaft
be reviewed by the Board and reported to the City
Council in its Annual Report. ~
8-8-3 B. and 8-8-3 C. - The understanding is that a
PCRB complaint can be filed with the Board or with
the Iowa City Police Department. It doesn't actually
say that the ICPD has a separate complaint form.
The two track system was addressed by the Board
with the City Attorney and the City Council when
the Board discovered that the Police Department had
a separate complaint form. The result of that
meeting was the Investigative Log from the Chief,
which gave a more complete picture of the whole
complaint system. If the Board has concerns about a
complaint on the Log, it would request additional
information from the department or the City Council.
· The issue of 'deference" will also be addressed in the
recommendations (8-8-7 B.2). The Board will seek
more latitude for it to make its own findings, and to
make further comment. Also, change "unsupported"
to "not supported."
Pugh stated the Board could let the City Attorney know what
its concerns are, or the Board could draft the changes and send
them to her for her review and consideration with Council.
Following lengthy discussion on each issue, Chair stated he
would work with Pugh to draft new language and distribute it
for consideration at the next board meeting. Pugh stated she
would call the City Attorney to advise what is coming.
COMMUNITY
FORUM The Board commended Captain Johnson on his
presentation on Community Policing. Attendees at the
forum expressed their appreciation that Captain Johnson
stayed to answer questions.
NEW BUSINESS PCRB Brochure: Council member Dee Vanderhoef
recommended that the word "alleged" be inserted in the
first sentence of the second paragraph. Following
discussion, board members decided it was not necessary
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because the word "complaint" is an allegation, not a
finding.
PCRB Complaint Form: The full page instructions will
continue to be attached to the front of the complaint
form.
PCRB By-Laws: Motion by Horton and seconded by
Stratton to recommend that Article III, Section 6, Terms,
second sentence be changed to read "Thereafter,
Members shall be appointed for terms of four years, with
terms expiring on September 1 ." Motion carried, 5/0, all
members present.
OLD BUSINESS Staff was directed to eliminate the review of Police
Polices, Procedures and Practices from the agenda for the
next few months,
PUBLIC DISCUSSION None
MEETING SCHEDULE · Special Meeting May 16, 2001, 7:00 p.m.
· Regular Meeting June 12, 2001, 7:00 p.m.
Hoffey advised he will be unavailable for meetings from
May 22 to June 17.
Horton advised he will be absent for the June 12
meeting.
BOARD
INFORMATION John Watson: Had conversations with Council members
Ross Wilburn and Connie Champion about the ordinance.
David Baldus invited Watson to attend a meeting with
Vivian Berger, a law professor from Columbia University
who is a mediator for the New York City Police Review
Board. She reported a high success rate of mediation in
New York.
John Stratton: Contact with a City Council person who
phoned about an allegation that he had heard a rumor
that one of the local police officers "was going bad."
The Council member provided no further information.
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Watson was also contacted by this council member.
Watson suggested he contact
the City Manager or the Chief. There is nothing the
PCRB can do unless a specific complaint is filed.
Stratton also reported contact from a Daily lowan
reporter, and the subsequent article that appeared was
inaccurate.
STAFF
INFORMATION Bauer reported contact with NACOLE. Board members
directed staff to continue providing them with NACOLE
information.
EXECUTIVE
SESSION Motion by Cohen and seconded by Horton to adjourn into
Executive Session based on Section 21.5(1 )(a) of the
Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept
confidential or to be kept confidential as a condition for
that government body's possession or continued receipt
of federal funds,and 22.7(11) personal information in
confidential personnel records of public bodies including
but not limited to cities, boards of supervisors and school
-- districts, and 22-7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the
Code; and 22.7(18) Communications not required by law,
rule or procedure that are made to a government body or
to any of its employees by identified persons outside of
government, to the extent that the government body
receiving those communications from such persons
outside of government could reasonably believe that
those persons would be discouraged from making them
to that government body if they were available for
general public examination. Motion carried, 5/0, all
members present. Open session adjourned at 8:40 P.M.
REGULAR
SESSION Regular session resumed at 8:55 P.M.
Legal Counsel was directed to draft a letter in response to
the correspondence from the attorney for the complainant
in PCRB Complaint//01-02.
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EXECUTIVE
SESSION Motion for adjournment by Cohen and seconded by
Hoffey. Motion carried, 5/0, all members present.
Meeting adjourned at 9:00 P.M.
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POLICE CITIZENS REVIEW BOARD
MINUTES - May 16, 2001
CALL TO ORDER Chair John Watson called the meeting to order at 7:00
P,M.
ATI'ENDANCE Board members present: Leah Cohen, Paul Hoffey, Loren
Horton, John Stratton and John Watson. Staff present:
Legal Counsel Catherine Pugh and PCRB Assistant Sandy
Bauer.
RECOMMENDATION TO COUNCIL Accept PCRB Memorandum regarding
Ordinance Change Recommendations
SUNSET CLAUSE
AND ORDINANCE
CHANGES Watson reported he artended the City Council work
session this past Monday at which time the PCRB sunset
was discussed. Watson was invited to speak at the
meeting, explaining that the Board does not make policy
nor does it seek to make policy. The Board can
recommend changes of policy. At this meeting it was
decided each council member will draft concerns and
recommendations regarding the ordinance to the City
Attorney. Council Member Mike O'Donnell stated he
would also like to hear what the Board's
recommendations are. The ordinance will be discussed
again at the Council meeting on June 11.
Pugh distributed a draft of a memorandum she prepared
to the City Council regarding ordinance changes.
Discussion followed. Motion by Hoffey and seconded by
Cohen to approve the correspondence, as amended, and
send it to the City Council. Motion carried, 5/0, all
members present.
NEW BUSINESS None
OLD BUSINESS None
PUBLIC DISCUSSION None
MEETING SCHEDULE
· Regular Meeting June 6, 2001, 7:00 p.m.
BOARD
INFORMATION None
STAFF
INFORMATION Pugh spoke with Sarah Holecek who reported the City
Attorney's Office has not started drafting any
recommended ordinance changes yet.
EXECUTIVE
SESSION Motion by Hoffey and seconded by Stratton to adjourn
into Executive Session based on Section 21.5(1 )(a) of the
Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept
confidential or to be kept confidential as a condition for
that government body's possession or continued receipt
of federal funds,and 22.7(11) personal information in
confidential personnel records of public bodies including
but not limited to cities, boards of supervisors and school
districts, and 22~7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the
Code; and 22.7(18) Communications not required by law,
rule or procedure that are made to a government body or
to any of its employees by identified persons outside of
government, to the extent that the government body
receiving those communications from such persons
outside of government could reasonably believe that
those persons would be discouraged from making them
to that government body if they were available for
general public examination. Motion carried, 5/0, all
members present. Open session adjourned at 7:37 P.M.
REGULAR
SESSION Regular session resumed at 8:45 P.M.
Motion by Stratton and seconded by Horton to extend
the Chief's deadline on PCRB Complaint #0~-02 from
July 8, 2001, to September 7, 2001 for good cause.
Motion carried, 5/0, all members present. Direction was
given to Pugh to communicate with the Chief and the
complainant.
Motion by Horton and seconded by Cohen to review the
Chief's Report on PCRB Complaint//00-01 at level 8-8-6
B. 1 (e), performance by Board of its own additional
investigation, in accordance with the Ordinance. Motion
carried, 5/0, all members present.
EXECUTIVE
SESSION Motion for adjournment by Horton and seconded by
Hoffey. Motion carried, 5/0, all members present.
Meeting adjourned at 8:50 P.M.
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