HomeMy WebLinkAbout06-25-2001 Communication City of Iowa City
MEMORANDUM
DATE: June 19, 2001
TO: Mayor and City Council
FROM: Marian Karr, City Clerk ~'~"'~"'
RE: PCRB
The PCRB was established by ordinance in 1997. In order to provide staff support to the
PCRB, one permanent pad-time position of 20 hours a week was created. At the
Council's work session of June 11, minor revisions were proposed to the ordinance, and
a revised ordinance is being prepared. Our reading of the Council's proposed revisions
would be that the workload will not be substantially reduced; however, the staff position
was eliminated and the office in the Senior Center closed. PCRB Assistant Sandy Bauer
has accepted another position in the City.
Because the proposed revisions will not decrease the workload I have concerns
regarding my office absorbing the demands of the PCRB, such as research, conducting
forums, etc., and citizen inquiries and complaint processing as well as any other duty
that the City Council might choose to assign to the PCRB. Prior to your adoption of the
revised ordinance, I wanted you to be aware of my concerns and. the need, as you
proceed, to provide some additional staff support to my office.
At the request of the Mayor the item has been scheduled for discussion at your work
session on the 25t~, and first consideration on the 26th.
clerWmem/pcrb.doc
City of Iowa City
MEMORANDUM
DATE: June 20, 2001 ~
TO: City Council
FROM: Eleanor M. Dilkes, City Attorney
RE: Amendments to PoEice Citizens Review Board Ordinance
On your agenda is an ordinance making amendments to the Police Citizens Review
Board Ordinance (Title 8, Chapter 8 of the City Code) in accordance with the Council's
direction at the June 11, 2001 work session. Due to time and for purposes of easy
tracking of the changes, I am providing you with a redlined version of Title 8, Chapter 8
of the City Code as opposed to putting the amending ordinance in final ordinance form.
All changes that I have made to the ordinance are for the purpose of effectuating the
changes the majority of Council indicated it wished to make at the June 11 work session.
My understanding of those changes is as follows:
1. Revisions to distinguish between complaints filed with the Police Citizens Review
Board and those flied with the Iowa City Police Department to clarify that the
Board shall process only those complaints filed with the Board, but will receive
reports from the Police Chief briefly describing the nature of the allegations made
in formal written complaints filed with the Police Department and the disposition
of the same to enable the Board to track, monitor, and report to the City Council
on all formal written complaints filed with either the Board or the Police
Department. These revisions are intended to bring the language of the ordinance
into conformance with existing practice.
2. Amendments to provide that the Board shall review police practices, procedures
and written policies only at the direction of the City Council, City Manager, or
Police Chief. The sections of the ordinance dealing with review of police
practices, procedures and written policies are Sections 8-8-2(N) and 8-8-7(C)
and have been revised. The Council stated that Section 8-8-8(B)(7) regarding the
holding of informational hearings should not be changed. As I indicated at your
work session, providing that the Board will review policy and procedure only at
Amendmentsto PCRB Ordinance
June 20, 2001
Page 2
the direction of the City Council, City Manager, or Police Chief potentially
conflicts with the provision allowing the Board to hold informational hearings on
such practices, procedures or written policies and to report the results to the City
Council. The only way to interpret these two provisions consistently would be that
the Board may hold informational hearings on practices, procedures and policies
and report the results of those hearings to the City Council, but will not initiate its
own review of such practices, procedures and policies without direction from the
City Council, City Manager, or Police Chief.
3. Maintain the reasonable basis standard of review applicable to the Board's
review of the Police Chief's or City Manager's report, but allow the Board to
comment if it has concerns notwithstanding its affirmance of the decision of the
Police Chief or City Manager with respect to the allegations of misconduct.
4. Finally, Council directed that Section 8-8-10, which includes a sunset clause
sunsetting the ordinance on August 1, 2001, be deleted and replaced with a
provision requiring Council to review the effectiveness of the Board every two
years.
Please note that in accordance with 8-8-10 of the existing ordinance, the PCRB
ordinance will automatically be repealed on August 1, 2001, unless menacted by the
City Council prior to that time. Thus, the ordinance as it exists will sunset if an ordinance
· deleting the August 1, 2001 sunset is not published on or before August 1, 2001. The
City Clerk informs me that in order to get any reenactment or ordinance revisions to the
paper for publication by August 1, 2001, the paper must receive the ordinance for
publication on or before July 26. Finally, please remember that any ordinance revisions
require three readings or, with the concurrence of five members of the Council, two
readings. Any substantive changes to the ordinance will require that we begin the
process anew.
Amendmentsto PCRB Ordinance
June 20, 2001
Page 3
Due to lack of time, it has not been possible to review the ordinance revisions with City
staff or with the attorney for the PCRB prior to presentation to Council. They will receive
a copy of this memo and proposed revisions.
Please call me or Sarah Holecek if you have any questions or comments.
cc: City Manager
Assistant City Manager
City Clerk
Police Chief Winkelhake
Sarah Holecek, First Assistant City Attorney
Catherine Pugh, Attorney for PCRB
eleanor/mem/pcrborddoc
Ordinance amending Title 8, Chapter 8 of the City Code entitled "Police Citizens Review
Board" to distinguish, in accordance with actual practice, between complaints made to
the Board and complaints made to the Iowa City Police Department, to allow the Board to
review police practices, procedures, and written policies only at the request of the City
Council, City Manager, or Police Chief and to allow the Board to comment on aspects of
an incident with which it is concerned notwithstanding its affirmance of the Police Chief
or City Manager's report in accordance with the reasonable basis standard of review.
Title 8, Chapter 8, entitled "Potice Citizens Review Board" shaft be amended as fofiows:
(revisions to be made in ordinance form before second reading)
CHAPTER 8
POLICE CITIZENS REVIEW BOARD
8-8-1: CREATION OF A POLICE CITIZENS REVIEW BOARD:
As permitted under Iowa's home rule authority, the City hereby creates a Police Citizens Review
Board, to be hereafter referred to as the "Board", subject to the duties and limited powers set
forth herein. lord. 97-3792, 7-15-1997)
8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES:
A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted
in a manner which is fair, thorough, and accurate.
B. An annual reporting system regarding complaints against sworn police officers will be
established to give the City Council sufficient information to assess the overall performance of
the Iowa City Police Department in these matters.
C. Citizens may make a formal written complaint to either the Board or the Iowa City
Police DepartmenL In accordance with this Chapter the Board shaft process only those
complaints filed with the Board but will receive reports from the Police Chief briefly
describing the nature of the allegations made in formal written complaints filed with the
police department and the disposition of the same.
D. The Board will:
1. Oversee a monitoring system for tracking receipt of formal complaints lodged
against sworn police officers with either the Board or the Iowa City Police
Department;,
2. Provide oversight of police investigations through review of such investigations; lord.
97-3792, 7-15-1997)
3. Provide the opportunity for a hearing to the police officer if the Board's findings on
the complaint to the Board are critical of the police officer, as required by
constitufional law, and give the police officer the opportunity to present testimony and
evidence; lord. 98-3865, 12-15-1998)
4. Issue a final public report to the City Council on each complaint to the Board lethe
City Council which sets forth factual findings and a written conclusion which explains
why and the extent to which the complaint is either "sustained" or "not sustained".
E)E. The Board shall have no authority over police disciplinary matters because only the Police
Chief or City Manager may impose discipline under Iowa law.
Legal\eleanor\ord\pcrbupd. doc 1
EF. No findings in the Board's report shall be used in any other legal proceeding.
FG. The Board shall only review the conduct of sworn police officers and shall orrly 'act in a civil,
not criminal, capacity. The Board is not intended to be a court of law, a tort claim process or
other litigation process. No action of the Board shall be deemed to diminish or limit the right of
any person to file a claim or a lawsuit against the City.
GH. A complaint to the Board may be filed by any person with personal knowledge of an
incident. "Personal knowledge" means the complainant was directly involved in the incident or
witnessed the incident. If the person with personal knowledge is underage or otherwise unable
to complete a complaint form, the complaint may be filed by such person's designated
representative. The City Manager, the Police Chief, the City Council, or the Board may file a
complaint (o the Board based upon a reasonable belief that police misconduct has occurred
regardless of personal knowledge.
I=11. In order to assure that people feel confident in the complaint process, nonpolice City staff
shall be available at a public location other than the Police Department to receive complaints,
although complaints may also be filed at the Police Department. Formal mediation shall be
available to the complainant(s) and the police officer(s) at any time during the process.
IJ. The Board shall not interfere with or diminish the legal rights of sworn police officers,
including those rights protected under the union contract, Civil Service Commission, and State
and Federal law. Similarly, the Board shall respect the rights of privacy and freedom from
defamation shared by complainants and witnesses, as well as those same rights enjoyed by
police officers under the law.
JK. The City Council finds that internal accountability within the Police Depadment is a valid
legislative purpose, and one method of accomplishing such internal accountability is to have the
police do their own investigations into claims of inappropriate police conduct. If a complaint is
asserted against the Police Chief, the City Manager will investigate the claim and report to the
Board and the City Council.
I(L. Investigation of all formal complaints to the Board is a mandatory duty of the Police Chief,
and a report of each complaint investigation shall be given to the Board. Such reports to the
Board shall include the factual findings of the Police Chief as well as a written conclusion
explaining why and the extent to which a complaint is either "sustained" or "not sustained".
However, such reports shall not include discipline or other personnel matters. If the Police Chief
and the City Manager find the police officer's actions constitute misconduct and discipline is
imposed by the Police Chief or City Manager, the internal affairs investigation may become a
public record to be released by the City Attorney to the extent provided by law.
I=M. In order to assure external accountability of the actions of the Police Department, the
Police Chief shall provide the Board with a report at least quarterly of all formal complaints
investigations chall be reviewed by the Board and reported to tho City Council filed directly
with the police department, which report shaft state the date and location of the incident
and a brief description of the nature of the allegation and the disposition of the
complainL
MN. External accountability will further be provided by the Board's maintenance of a central
registry of all formal complaints. In addition to the central registry, the Board shall provide an
annual report to the City Council, which report shall be public and shall set forth the general
types and numbers of complaints. how they were resolved, demographic information, and
recommendations as to how the Police Department may improve its community relations or be
more responsive to community needs.
Legal\eleanor\ord\pcrbupd.doc 2
NO. At the request of the City Council, City Manager or Police Chief t~he~ Board shall have
oversight authority to review police practices, procedures, and written policies as those
practices and procedures relate to the Police Department's performance as a whole, and shall
report their recommendations, if any, to the City Council, City Manager and Police Chief
same to the City Council, including any rccommondcd changes. (Ord. 97-3792, 7-15-1997).
8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL:
A. A "complaint to the Board' or "PCRB Complaint" is an allegation of misconduct lodged
against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police
Department, where the complained-of activity occurred while the officer was acting in the
capacity of a sworn police officer.
B. Any person with personal knowledge of the alleged police misconduct may file a PCRB
complaint with the Board or with the Iowa City Police Department. In order to have "personal
knowledge", the complainant must have been directly involved in the incident or witnessed the
incident. tf the person with personal knowledge is underage or otherwise unable to complete a
PCRB complaint form, the PCRB complaint may be filed by such person's designated
representative. The City Manager, the Police Chief, the City Council or the Board itself may file
a PCRB complaint based on a reasonable belief that police misconduct has occurred regardless
of personal knowledge. The person or official filing the PCRB complaint may hereafter be
referred to as the "complainant".
C. All complaints fi!ed w!th to the Board or the Iowa City Police Department shall be in writing
and on forms provided by the Board. Complaint forms shall be available to the public in easily
accessible locations, and nonpolice staff shall be available to receive the complaint forms.
Assistance may be available to complete the form as designated by the Board. (Ord. 97-3792,
7-15-1997)
D. All complaints to the Board must be filed with the City Clerk either the Board or the Iowa
City Police Department within ninety (90) days of the alleged misconduct.
E. Only those complaints to the Board which do not involve the conduct of an Iowa City sworn
police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to
summary dismissal by the Board. (Old. 99-3877, 4-20-1999).
8-8-4: FORMAL MEDIATION:
A. Formal mediation shall be the responsibility of the Board, and shall be available to the
complainant(s) and police officer(s) at any stage of the process upon consent of all involved
parties and as provided by the Board. Upon the filing of a PCRB complaint, all complainants
shall be informed that formal mediation is available. A complainant may also meet informally
with the police officer and the watch commander of the police officer if the complainant wishes
to do so.
B. If a PCRB complaint is successfully mediated, the terms of the mediation agreement shall be
set forth in writing, and shall be kept confidential to the extent allowed by law; but the status of
settlement shall be maintained in the Board's central registry for reporting in the Board's annual
report. There shall be no retaliation against police officers who choose not to mediate. (Ord. 97-
3792, 7-15-1997).
8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY
MANAGER INVESTIGATORY DUTIES:
A. Complaints: The Police Department shall forward copies of all PCRB complaints received to
the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be
forwarded to the City Manager.
B. Investigation: It shall be the mandatory duty of the Police Chief to do the following:
Legal\eleanor\ord\pcrbupd.doc 3
1. Prior to investigation of any PCRB complaint, the Police Chief sha~ first give Garrity
and Gardner advice to all police officers implicated in the complaint, as required by
constitutional law. This means the officer cannot be required to waive the offiGer's
constitutional right against self-incrimination. However, the officer may-be. required to
answer questions during the investigation as a condition of the officer's employment,
but any admissions made by the officer cannot be used against the officer in a
criminal proceeding.
2. Notify the complainant and the police officer who is the subject of the complaint that
formal mediation is available at any time during the Police Department's investigation
and the Board's review. The Police Chief may also notify the complainant that the
complainant may meet informally with the police officer and the watch commander of
the police officer if the complainant wishes to do so.
3. Assign the PCRB complaint to designated investigators within the Police Depadment
for investigation into the factual allegations of the complaint.
4. The complainant shall be interviewed by the Police Department and shall be entitled
to have a neutral City staff person or some other person chosen by the complainant
present during the interview. The police officer is entitled to have a union steward
present during any interviews.
5. Investigators will prepare and forward a report of their investigation to the Police
Chief, and shall make detailed findings of fact as to the allegations in the complaint,
and shall also set forth a written conclusion which explains why and the extent to
which the complaint is either "sustained" or "not sustained".
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the PCRB
complaint is commenced or is being contemplated by or against any party to the complaint, the
Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or
the Board's own attorney on a case-by-case basis, to determine whether and how the
investigation of the PCRB complaint should proceed.
D. Complaints Against Police Chief: If a PCRB complaint is filed concerning the Police Ghiefis
conduct, the City Manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this Chapter shall prevent the Police Chief or the City
Manager from taking disciplinary action prior to the Board's review of the PCRB complaint. lord.
97-3792, 7-15-1997)
8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE
BOARD:
A. The Police Chief shall receive the designated investigators' report within the time frame
indicated by the Police Chief. The Police Chief shall conduct a review of the investigators'
report, and may do any or all of the following: conduct interviews or request the police
investigators to conduct additional investigations; request additional information, or that
additional questions be asked; interview or direct that other persons or witnesses be
interviewed; request that other documents be reviewed and/or retrieved; and any other
investigative matters the Police Chief deems appropriate.
B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior
to finalizing the Police Ohief's report to the Board, and shall then forward this report to the
Board, which shall include the following:
1. Detailed written findings of fact concerning the allegations in the PCRB complaint;
Legal\eleanor\ord\pcrbupd.doc 4
2. A written conclusion which explains why and the extent to which the~PCRB complaint
is either "sustained" or "not sustained"; and
3. Recommended remedial actions, if any, including amending current"policies or
adopting new policies.
C. The Police ChieFs report to the Board shall not include discipline or personnel matters.
D. A copy of the Police ChieFs repod to the Board shall be given to the police officer, the
complainant, and the City Manager. If the PCRB complaint concerns the Police Chief, copies of
the City Manager's report to the Board shall be given to the Police Chief, the complainant, and
the City Council. (Ord. 97-3792, 7-15-1997)
E. The Police Chiefis report to the Board shall be completed within ninety (90) calendar days
after the PCRB complaint is filed. The Board may grant extensions from this deadline for good
cause shown. (Ord. 99-3877, 4-20-1999)
F All investigations shall be performed in a manner designed to produce a minimum of
inconvenience and embarrassment to all parties-including the complainant, the police officer,
and other witnesses.
G. If a PCRB complaint is filed concerning the Police Chief, the City Manager's repod shall
include the same findings of fact and conclusions as required for the Police Chief's report to the
Board. (Ord. 97-3792, 7-15-1997)
8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES:
A. Complaints: The Board shall forward copies of all PCRB complaints received to the Police
Chief for investigation; or where the PCRB complaint concerns the Police Chief, forward a copy
of the PCRB complaint to the City Manager for investigation.
B. Review Of Police ChieFs Report Or City Manager's Report:
1. The Board shall review all Police ChieFs reports and City Manager's reports
concerning PCRB complaints. The Board shall decide, on a simple majority vote, the
level of review to give each Police ChieFs or City Manager's report, and the Board
may select any or all of the following levels of review:
a. On the record with no additional investigation;
b. Interview/meet with complainant;
c. Interview/meet with named officer(s) and other officers;
d. Request additional investigation by the Police Chief or City Manager, or
request police assistance in the Board's own investigation;
e. Performance by Board of its own additional investigation;
f. Hire independent investigators.
2. The Board shall apply a "reasonable basis" standard of review when reviewing the
Police ChieFs or City Manager's report. This requires the Board to give deference to
the Police ChieFs or City Manager's report because of the Police ChieFs and City
Manager's respective professional expertise. The Board may recommend that the
Police Chief or City Manager reverse or modify their findings only if:
a. The findings are notunsupported by substantial evidence;
b. The findings are unreasonable, arbitrary or capricious; or
Legal\eleanor\ord\pcrbupd.doc 5
c. The findings are contrary to a Police Department policy o~ practice, or any
Federal, State, orlocal law.
If, in accordance with said standard, the Board affirms the decision of the Police
Chief or City Manager with respect to the allegations of misconduct but
nonetheless has concern about the officer's conduct it may so comment in its
report to the City Council. If such comments are critical of the officer's conduct
the Board shall provide the officer a name-clearing hearing pursuant to Section 8-
8-7(B)(4) hereof.
When collecting and reviewing additional evidence, the Board shall rely on evidence
which reasonably prudent persons are accustomed to rely upon in the conduct of their
serious affairs. lord. 98-3865, 12-15-1998)
3. At the conclusion of the Board's review, the Board shall issue a public report to the
City Council concerning the PCRB complaint investigation. Such public report shall
include detailed findings of fact concerning the PCRB complaint, together with a
clearly articulated conclusion which explains why and the extent to which the
complaint is "sustained" or "not sustained". If the complaint is "not sustained". the
public report shall not include the names of the complainant(s) or the police
officer(s). If the complaint is "sustained" the Board may include the names of the
complainant(s) and/or the police officer(s) if it determines that the public interest in
such disclosure outweighs the public harm and privacy interests of the
complainant(s) and/or police officer(s). Said determination shall be made in writing
and shall state, in detail, the Board's reasons for such determination. The Board shall
notify the person(s) whose name(s) it intends to disclose, the City Attorney and the
Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its
intent to make such disclosure by confidential written communication sent by regular
mail or hand delivery at least ten (10) working days prior to such disclosure. In
addition, the Board's public report shall not include any discipline or personnel
matters, although the Board may comment generally as to whether the Board
believes discipline is appropriate without commenting on the extent or form of the
discipline. A copy of this public report to the City Council shall be given to the
complainant(s), the police officer(s), the Police Chief and the City Manager. lord. 99-
3891, 7-13-1999)
4. 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 the
police officer so that the officer 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 the officer, The officer may waive the right to this hearing
upon written waiver submitted to the Board. lord. 98-3865, 12-15-1998)
5. If the Board's report is not critical of the officer's conduct, the Board is not required by
law to offer a hearing to the officer, but the Board may hold hearings as deemed
appropriate by the Board. lord. 97-3792, 7-15-1997)
6. The Board's report to the City Council shall be completed within forty five (45)
calendar days of receipt of the Chief's or City Manager's report. The City Council
may grant requests for extensions to this deadline upon good cause shown. lord.
99-3877, 4-20-1999)
7. Nothing in this Chapter shall in any way impede or interfere with the Police Chief's
and the City Managers lawful ability to perform their personnel supervisory duties
Legal\eleanor\ord\pcrbupd.doc 6
over sworn police officers, including the ability to impose discipline as deemed
appropriate by the Police Chief or City Manager.
8. No findings or report submitted to the Board or prepared by the Board shall be used
in any other proceedings.
C. General Powers And Duties: The Board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the Board or with the
Iowa City Po~ce Department.
2. Collect data and do an annual repod to the City Council which shall be public and
shall set forth the general types and numbers of complaints, disposition of the
complaints, the discipline which was imposed, if any, and demographic information.
This annual report shall not include the names of the complainants or officers
involved in complaints which were not sustained, and shall otherwise be in a form
which protects the confidentiality of the padies while providing the public with
information on the overall performance of the Police Depadment. If the Board has
been requested by the City Council, City Manger or Police Chief to review a
police practice po~cy or procedure ~he Board's annual report may also include
recommended changes in such police practices, policies or procedures.
3. In addition to the annual report, at the request of the City Council, City Manager
or Police Chief, the Board shall, from time to time, report to the City Council on
police practices, procedures and policies, including recommended changes, if
appropriate.
4. The Board shall adopt procedural rules and bylaws governing the Board's activities,
including the receipt and processing of complaints, and such procedural rules and
bylaws shall be appreved by the City Council. (Ord. 97-3792, 7-15-1997)
8-8-8: BOARD COMPOSITION; LIMITED POWERS OF THE BOARD:
A. Board Composition:
1. The Board shall consist of five (5) members appointed by the City Council, who shall
be Iowa City eligible electors and shall serve without compensation. The City Council
shall strive to appoint members who represent the diversity of the community.
Appointments to the Board shall include one current or former "peace officer' as that
term is defined by State law. 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.
2. Following final adoption and publication of Ordinance 97-3792, the City Council shall
appoint members to the Board for staggered terms. All appointments shall be for a
four (4) year term, except for the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term.
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms.
3. Training shall be available to all Board members to enable them to perform the
duties imposed herein, including training on Iowa's public records and open meetings
laws.
B. Limited Powers: The Board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the Board, the Board
may file a PCRB complaint.
LegaI\eleanor\ord\pcrbupd.doc 7
2. The Board shall decide the level of review to give the Police Chief's or City
Manager's report by a simple majority vote of all members of the Board.
3. The Board has no power to review police officer personnel records or disciplinary
matters except to the extent such matters are made public by the City Attorney.
4. The Board has only limited civil, administrative review powers, and has no power or
authority over criminal matters. The Board is not a coud of law, and is not intended to
substitute as a rod claims procedure or as litigation against the City.
5. If criminal charges are brought or are being considered against a particular police
officer(s), the Board's review or investigation may proceed with interviewing other
officers or witnesses, or collecting documents, as appropriate. Any statements given
by an officer who is subject to criminal investigation cannot later be used against the
officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S.
Constitution, unless such constitutional right is waived.
6. The Board may obtain outside counsel and independent investigators in order to
carry out the Board's duties.
7. The Board may hold general informational hearings concerning POlice Department
practices, procedures or written policies, and such hearings will be public. The Board
shall then repod the results of such general informational hearings to the City
Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997)
8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED:
A. All rights enjoyed by sworn police officers employed by the City are preserved in this
Chapter, and nothing herein is intended to waive, diminish or interfere with any such rights
protected by the union contract, Iowa's Civil Service Commission laws and other applicable
State and Federal laws.
B. All common law rights enjoyed by complainants and police officers, such as privacy and
freedom from defamation, shall be protected during the process set out in this Chapter, and it
shall be the Board's duty to protect said rights.
C. Notwithstanding the above provisions, no Board member shall be liable to any person for
damages or equitable relief by reason of any investigation or recommendation or report made
by either a Board member or by the Board itself. (Ord. 97-3792, 7-15-1997)
8-8o10: SUNSET CLAUSE:
This Chapter shall be automatic-311y repealed on August 1, 2001, unless reenacted by City
Cc'Jnc!!. COUNCIL REVIEW: On or before August 1, 2003 and every two years thereafter
the City Council shall evaluate the effectiveness of the Board in light of the goals and
principles set forth in Section 8-8-2. (Ord. 97-3792, 7-15-1997)
8-8-11: TIME COMPUTATION:
In computing time under this Chapter, the first day shall be excluded and the last included,
unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to
include the whole of the following Monday. However, when the last day for the filing of a
complaint or the completion of a report falls on a Saturday or Sunday, or a day on which the
office of the City Clerk is closed due to a City holiday, the time shall be extended to include the
next day on which the office of the CJerk is open to receive the filing of a complaint or the report.
(Ord. 99-3877, 4-20-1999)
Legal\eleanor\ord\pcrbupd.doc 8