HomeMy WebLinkAbout08-22-2001 Communication ANNUAL REPORT
OF THE
POLICE CITIZENS REVIEW BOARD
July 1, 2000 to June 30, 2001
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 and by Ordinance No. 99-3891 on July 13, 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
· Hold periodic community forums to gather public input and to inform the
public
I'CRB Annual Report FY 2001 - I
Activities and Accomplishments
Mee6ngs
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 18 meetings, each
lasting one to three hours. The Board also met once with the City Council.
ICPD POLICIES/PROCEDURES/PRACTICES REVIEW BY PCRB
The ICPD regularly provides the Board with monthly Use of Force Reports,
Demographic Report and various Training Bulletins. A senior member of the Police
Department routinely attends the open portion of the PCRB meetings, and is available for
any questions Board members have regarding this report. The Department also provided
various General Orders for the Roard's review and comment. During this past year, the
ICPD gave presentations to the Board, including:
· "FBI Training" by Sgt. J. Steffen;
· Sgt. Sid Jackson spoke to the Board about his attendance at the Southern
Police Institute at the University of Louisville, to include his research paper on
Racial Profiling;
· "Arrest Procedures" by Capt. M. Johnson, Sgt. K. Hurd, and Capt. T. Widmer;
· "Internal Affairs and Discipline" by Capt. T. Widmer;
· 'ICPD Goals and Objectives for 2001" by Captains Johnson and Widmer;
At the Board's March meeting Professor David Baldus from the University of Iowa
Law School presented a discussion on the interpretation of the ICPD Traffic Stop Data
and Racial Profiling.
In April, the Board hosted a Community Forum on Community Policing presented
by Captain Matt Johnson.
PCRB VIDEOTAPE
The PCRB commissioned the production of a PCRB videotape this year, with the
intent to (1) inform and engage the citizens of Iowa City regarding the origin, role, and
function of the PCRB, and (2) explore some of the issues that surround the PCRB. The
video, when completed, will be used for presentations to community and neighborhood
groups, service clubs, City boards, commissions and employees, and for broadcast.
PCRts Annual Report FY 2001 - 2
Complaints
Number and Type of Allegations
The Board received six complaints in the reporting period covered by this report:
four in 2000 and two to date in 2001. Four public reports were issued. One complaint
remains under review. During the course of the investigation of another complaint, the
complainant chose to take part in an informal mediation; at the conclusion of this
mediation, the complainant was satisfied with the results and withdrew his complaint,
The following are the 14 allegations in the four complaints reported on. Each of the
complaints contained more than one allegation.
The Board sustained one of the 14 allegations during the past year.
Allegations
1. Police had a hidden agenda.
2. Police gave false testimony during court.
3. Discrimination based upon gender and race.
4. Police tried to kick in complainant's door, causing damage
5. While arresting complainant, police threw him from wall to wall and then took him to
the floor. Complainant further states he had guns placed to his head during the
arrest.
6. Officers questioned complainant's three-year-old child without permission.
7. Officers attempted to coerce compliance from complainant's spouse by threatening
DHS involvement.
8. Police should not be following up on complaints of personal use of marijuana by
confronting single women alone in their apartment at 10:30 p.m. This is a
misallocation of police resources and time.
9. Officer was deceptive as to why he wished to enter complainant's apartment,
referring to an event in the neighborhood which they wished to discuss with
complainant.
10. Officer questioning was accusatory, lacked a reasonable basis in fact, invaded
complainant's personal space, and was frightening to complainant at the particular
hour and under the particular circumstances.
11. The complainant should have been notified of a warrant for her arrest as the
officer had advised her that he would do. She should have been provided the
opportunity to turn herself in rather than waiting 38 days after the issuance of the
warrant before notification of the warrant. Such a lapse of time may have caused
unnecessary embarrassment and inconvenience had she been stopped for a traffic
offense or if it were served at any other time which could have caused unnecessary
disruption and be a waste of officers' resources and time.
12. The complainant states that during search of her residence, an officer pulled open
a drawer in the kitchen. This drawer had knives in it and the officer made a
PCRB Annual Report FY 2001 - 3
statement to the effect that he didn't like knives and that she should not make any
sudden moves. She felt this was very intimidating.
13. Police entry into the residence of the complainant was unlawful.
14. The complainant's residence was searched illegally without a warrant.
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 3
Level b Interview or meet with complainant 0
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 e Board performs its own additional investigation 1
Level f Hire independent investigators 0
Complaint Resolutions
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 oitizen'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. One of the 14 allegations listed in the four
complaints for which the Board reported was released as sustained.
The Board made comments and/or recommendations for improvement in police
policy, procedures, or conduct in one of the reports, which stated:
· The Board understood the rationale allowing a walk through of a residence or
other edifice, absent a search warrant, to protect officers from unexpected or
concealed attack, but is concerned that some officers may not fully understand
the restrictions imposed on this limited search. The Board recommended that
this topic be incorporated into routine training.
· The Board is unclear to what extent procedural law created for situations
involving adults may be used as guidelines for dealing with juveniles,
particularly when the circumstances are not identical. For example, if a search
of an area near adults who have been arrested for a drug offense is
PCRB Arereal Report FY 2001-4
appropriate, is such search appropriate for juveniles who could be taken into
custody but are not. The Board recommended clarification of this issue in
order to reduce ambiguities in the future.
· The Board recommended that, if a policy doesn't currently exist regarding how
Iowa City police officers should handle consent situations involving individuals
under 18 years of age, one should be formulated with particular attention to
those at the lower end of the age consortium.
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. 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 ICPD received one
request for informal mediation from a complainant, and that mediation was successful.
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.
Complaint Histories
Fourteen officers were named in the four complaints this report covers. Two
officers were named in two; the rest were each named once.
ICPD Internal Investigations Logs
The Board reviewed the ICPD Internal Investigations Log, provided by the Chief of
Police on May 11, 2001
PCRB Annual Report lay 2001
Complainant Demographics
The following is demographic information from the four complaints discussed in
this report. Because complainants provide it voluntarily, the demographic information is
incomplete. All four complainants provided some demographic information,
Category Number of Complainants
Age:
Under 21 0
Over 21 4
Color:
White 3
Asian 1
National Origin:
US 1
China 1
Unknown 2
Gender Identity:
Female 4
Sex:
Female 4
Sexual Orientation:
Heterosexual 1
Unknown 3
Marital Status:
Single 2
Divorced 2
Mental Disability:
No 2
Unknown 2
PCRB Annual Report IcY 2001
Physical Disability:
No 2
Unknown 2
Religion:
Unknown 4
Race:
Caucasian 3
Asian I
Board Members
John Watson, Chair
Leah Cohen
Paul Hoffey
John Stratton
Loren Hotton
PCRB Annual Report FY 2001
CITY OF IOWA CITY FILED
POLICE CITIZEN REVIEW BOARD
APPLICATION FORM zao Ju. AHI0:07
CITY CLERK
iowa crrY, ,6v A
Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest
to our community and its future. Applicants must reside in Iowa City. However, the City Council reserves the
right to waive the residency requirement for good cause shown.
After a vacancy has been announced, the Council reviews all applications during the work session. The
appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers.
PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City,
Iowa.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR
THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "CONFIDENTIAL", THIS APPLICATION WILL
BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY
DURING THAT TIME.
ADVISORY BOARD/COMMISSION NAME ~3C-~-~P TERM
,,r$,~"
NAME '?~. /r,c-P.. L,,'I/,//~,~-, IL/O~,I('¥' HOME ADDRESS I~l~ Z~-~,,.~? ,4vf.
Is your home address {listed above) within the corporate limits of Iowa City? j~_ Yes No
How long have you been a resident of Iowa City? /D V'F5
OCCUPATION ~'~-¢drLL,t1' EMPLOYER
PHONE NUMBER: HOME 3~/-2~ BUSINESS
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: :Z"
on if'k.. 5h'~'.-I /Z-,.rf>r~.-,-. 1"~-..--. d/elP) ~to,~ ?X'-.?.'-"~. :'c ,..--,.t,
3 (~ ,.-, ~,,.,-,-) 2 ,.,
(,2~.,_[(q:,/,,1~ If,)*y() /2<-J,,.~ ~,/~2~% ~-~.i~rc.k ~-,~ 5'~/~.~,r~ ~z,,~/ t~J~
c~./,f ~,,,~+ ,,~ p,,,,J,~ ,,~.,-,...i 4'2..:..- ..<,,~,,,-,,I ,d,,,~ .r v,o_ ,-.,,u
PCRB
Page 2
ARE YOU OR HAVE YOU EVER BEEN A 'PEACE OFFICER' AS DEFINED IN IOWA CODE SECTION 801.4(11)
(SEE BELOW). IF SO, PLEASE IDENTIFY THE POSITION{S), THE DATES YOU HELD THE POSITION(S), A BRIEF
DESCRIPTION OF YOUR DUTIES IN THE POSITION{S) AND THE REASON YOU LEFT THE POSITION{S).
"Peace officers", sometimes designated "law enforcement officers", include:
a. Sheriffs and their regular deputies who are subject to mandated law enforce-
ment training.
b. Marshals and police officers of cities. '
members o, ,he d.p__ant o, .ub,,c sa,.,y
d. Parole officers acting pursuant to section 906.2.C-~::~ .-~
Probation officers acting pursuant to section 602.7202, subsect~ rC>'~_, and
e.
section 907.2. -~fn .~
f. Special security officers employed by board of regents institutions a~'~foil~..
in section 262.13. c:>
~> ..J
g. Conservation officers as authorized by section 456A. 13.
h. Such employees of the department of transportation as are designated "peace
officers"' by resolution of the department under section 321.477.
i, Employees of an aviation authority designated as "peace officers" by the
authority under section 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law.
~ ~.~, ,~ p.t,~_ ~cc.,~ F~ 1~ C~,4~ A' ~.~ c',v~ 17,,.,, /~d--~ ....
WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD?
W~AT CONTR~6UTION9 DO ~ ~ ~ ~ ~ ~ ~ffi
PCRB
Page 3
CONFLICT OF INTEREST
IF YOU THINK A CONFUCT OF INTEREST MAY EXIST BETWEEN OTHER ACTIVITIES IN WHICH YOU ARE
ENGAGED AND YOUR POSSIBLE APPOINTMENT TO PCRB, PLEASE DESCRIBE BELOW AND THEN CAN
CONTACT THE CITY ATTORNEY'S OFFICE.
IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? /YES NO
DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES v/NO
{It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.}
:~ c~
Misrepresentations on thls application will constitute just cause for removal of an appointee.
If you fall to answer all questions on the application you may not be considered for appointment.
ccietk~ictlpp.doc JUly 1997
CITY OF IOWA CITY
POLICE CITIZEN REVIEW BOARD
r'-
APPLICATION FORM o
Individuals serving on Boards/Commissions play an important role in advising the Coun2 ~n/n/~ma'~rs of interest
to our community and its future. Applicants must reside in Iowa City. However, the Ci~Coun~ reserves the
right to waive the residency requirement for good cause shown.
After a vacancy has been ennounced, the Council reviews all applications during the work session. The
appointment is made at the next formal Council meeting. Appointees sere as unpaid volunteers.
PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City,
Iowa.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR
THE PUBLIC, WITH THE EXCEPTION OF THE ~ST PAGE MARKED "CONFIDENTIAL', THIS APPLICATION WILL
BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY
DURING THAT TIME.
Is your home address (listed above) within the corporate limits of Iowa City? ~ Yes __ No
How long have you been a resident of Iowa City? ~' ~5
7
PHONE NUMBER: HOME 3~' ~?b~ BUSINESS 3~{~ '
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: ~
PCRB
Page 2
ARE YOU OR HAVE YOU EVER BEEN A "PEACE OFFICER" AS DEFINED IN IOWA CODE SECTION 801.4(11)
(SEE BELOW). IF SO. PLEASE IDENTIFY THE POSITION(S), THE DATES YOU HELD THE POSITION(S), A BRIEF
DESCRIPTION OF YOUR DUTIES IN THE POSITION(S) AND THE REASON YOU LEFT THE POSITIONIS).
"Peace officers ", sometimes designated "law enforcement officers", include:
a. Shedffs and their regular deputies who are subject to mandated law enforce-
ment training.
b. Marshals and police officers of cities.
c. Peace officer members of the department of public safety as defined in
chapter
d. Parole officers acting pursuant to section 906.2.
e. Probation officers acting pursuant to section 602;7202, subsection 4, and
section 907.2.
f. Special security officers employed by board of regents institutions as set forth
in section 262.13.
g. Conservation officers as authorized by section 456A. 13.
h, Such employees of the department of transportation as are designated "peace
officers" by resolution of the department under section 321.477.
i. Employees of an aviation authority designated as "peace officers" by the
authority under section 330A.8, subsection 16.
j. Such persons as may be otherwise so designated by law.
..
~n
YOUR PRESENT KNOW.EDGE TH S ADWSORY BOARD
PCRB
Page 3
CONFLICT OF INTEREST
IF YOU THINK A CONFLICT OF INTEREST MAY EXIST BETWEEN OTHER ACTIVITIES IN WHICH YOU ARE
ENGAGED AND YOUR POSSIBLE APPOINTMENT TO PCRB, PLEASE DESCRIBE BELOW AND THEN CAN
CONTACT THE CITY ATTORNEY'S OFFICE.
IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED7 _~YES NO
DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES l/NO
(It has been Council policy not to permit an individual to serva on two Boards or Commissions at the same time.}
cn
.~*
Misrepresentations on this application will constitute just cause for removal of an appointee,
If you fail to answer all questions on the application you may not be considered for appointment.
cdefk~olctlpp.do¢ JUly 1997
I1,' ~;/: ( ,'/,
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
DATE: August 1, 2001
TO: PCRB
FROM: Madan K. Karr, City Clerk
RE: City Managers Memorandum regarding PCRB Complaint 01-01
The attached memo will be on your August 14 agenda for discussion, but will be
distributed to City Council this Thursday.
Chair John Watson asked that I send the memo to you, and suggested that the two Board
members who did the interviewing could gather their notes in written form for discussion
on the 14th.
City of Iowa City
MEMORANDUM
DATE: July 27, 2001
TO: PCRB
FROM: City Manager
RE: PCRB Complaint 01-01
After issuance of the PCRB reportJfindings in complaint 01-01, I reviewed the internal
investigation and Chief's report with our Police staff in comparison with the PCRB
findings. As a part of this review, several questions have arisen which the police were
unable to answer for me. Apparently, my questions may be answered by the PCRB's
investigative report, as it appears that representatives of the PCRB conducted additional
interviews with the complainant and her son. I assume that a summary of these
interviews is part of the PCRB's investigative report, and I believe this additional
information would be helpful to me in understanding the divergence of findings between
the Chief and the PCRB. I respectfully request that a copy of your investigative report
be forwarded to me so I may discuss its contents with appropriate police staff and
reconcile the findings of the Chief and the PCRB.
Additionally, I believe that the additional information gathered by members of the Board
was essential to the Board's legal analysis and conclusions. It appears to me the
Board's legal conclusions may indicate a difference of opinion between the PCRB
attorney and our City Attorney's Office, who I rely upon for my legal guidance. This
difference of opinion, I believe, is important as it relates to the issue of consent
searches. The additional information upon which the Board formulated its legal
conclusions is necessary to fully understand the Board's analysis and formulate any
actions we may take as a result of those conclusions, such as developing new
operational policies and/or training.
Thank you for your cooperation.
cc: City Council
Chief of Police
City Attorney
mgr/mern/pcrb01-01 doc
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
DATE: August 15, 2001
TO: Paul Hoffey
John Stratton
Loren Horton
FROM: Marian K. Karr, City Clerk
RE: Special PCRB Meeting
We did not have a quorum at last night's PCRB meeting. Please give me a call (356~
5041) or Adm. Clerk Typist Kellie Turtle (356-5043) to discuss setting a time for a
special meeting.
media unit
cable division
City of Iowa City
Date: August 22, 2001 ~
TO: Police Citizens Review B
FM: Bob Hardy, Production Co .
RE: PCRB Video '
A very rough-cut of the video has been finished. The purpose of the first rough-cut is to ascertain
any additional needs for video, sound, etc.. The rough-cut demonstrated that the "interview"
material needed to be supplemented with other video to cladfy and add interest to the overall
story line.
To this end, we have been collecting the needed additional video and restructuring the first rough-
cut. We expect to have a viewable cut by the next PCRB meeting.
I am sorry for the delay. My estimate of when we would be settled in our new space was too
optimistic and all video production activities have been delayed. I look forward to seeing you at
your next meeting for a screening and to receive your input on the production.