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Home My WebLink About08-22-2001 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - June 20, 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, Also in attendance was Captain Matt Johnson of the ICPD. Motion by Cohen and seconded by Hoffey to move Item 2 of the Agenda to follow Item 9. Motion carried, 5/0, all members present. CONSENT CALENDAR Motion by Stratton and seconded by Horton to adopt the consent calendar as presented: a. Minutes of 6/6/01 meeting b. ICPD Use of Force Report - April 2001 Motion carried, 5/0, all members present. NEW BUSINESS None OLD BUSINESS · Acknowledging receipt of NACOLE's membership renewal, the Board directed Chair to correspond with NACOLE regarding its past concerns. · Chair reported on his attendance at a city council work session at which the PCRB was discussed: 1. The majority want to have no sunset, but a review every two years, 2. Policy review power only at the request of the City Council, Chief or City Manager. 3. Right to hold forums 4. The ordinance will still include deference to the Chief's expertise, but gives the Board authority to comment in reports. 5. Eliminated PCRB assistant position, but kept legal counsel. Watson reported he has had a couple discussions with Marian Karr about staffing, but is uncertain what the final direction will be. The PCRB will be on the agenda for the next work session, June 25; first reading of the ordinance will be at the council meeting on Tuesday, June 26. PUBLIC DISCUSSION None MEETING SCHEDULE . Special Meeting June 25, 2001, 11:00 A.M. · Regular Meeting July 10, 2001, 7:00 P.M. (Horton, Watson and Pugh will be absent.) BOARD INFORMATION Cohen reported contact from a Daily lowan reporter. STAFF INFORMATION None EXECUTIVE SESSION Motion by Horton 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 7:30 P.M. REGULAR SESSION Regular session resumed at 8:50 P.M. ADJOURNMENT Motion for adjournment by Cohen and seconded by Hoffey. Motion carried, 5/0, all members present. Meeting adjourned at 8:50 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - June 25, 2001 CALL TO ORDER Chair John Watson called the meeting to order at 11:00 A.M. ATTENDANCE Board members present: Paul Hoffey, Loren Horton, John Stratton and John Watson; board member absent: Leah Cohen. Staff present: Legal Counsel Catherine Pugh and PCRB Assistant Sandy Bauer, Also in attendance was Captain Matt Johnson of the ICPD. RECOMMENDATION TO COUNCIL Accept PCRB Report on Complaint #01-01 CONSENT CALENDAR Motion by Horton and seconded by Stratton to adopt the consent calendar as amended: a. ICPD General Order - Field Interview and "Pat Down" Searches b. ICPD General Order - Search and Seizure c. Copy of Memorandum from Marian Karr to Mayor and City Council d. Memorandum from Eleanor Dilkes regarding Amendments to Police Citizens Review Board Ordinance e. ICPD General Orders Alphabetical Index (distributed at meeting) Motion carried, 4/0, Cohen absent. NEW BUSINESS None OLD BUSINESS The Board discussed the two memorandums in the "consent calendar." Regarding Karr's memorandum, Watson stated he has had conversations with her regarding staffing for the board, and suggested the board could become more administratively self-sufficient. When polled "is the board willing to be more self-sufficientT", Stratton, Horton and Hoffey stated they were reluctant to agree to do so, but would if necessary. Following discussion, Watson was directed by the Board to prepare a memorandum regarding its comments and recommendations about the amendments to the PCRB Ordinance, to include: · The decision to eliminate the staff administrative assistant position was made before the Council made a final determination of the role and responsibilities of the PCRB. Because it appears that the Council will not alter the duties of the PCRB in a way that would significantly reduce staff time, the City Clerk has rightfully expressed her concerns about the additional demands on her staff. The Board's concern is that the Council will use the City Clerk's needs as a reason to establish a reduced role for the PCRB. · Council members have expressed concern about the PCRB's involvement with policy review and have asked that the Board's review powers be reduced. The Board at present has no power to set or alter any policy of the ICPD, nor does it seek such power. The Board reviews policies for the following reasons: 1} to enhance the Board's understanding of police policies, procedures and practices in general, 2) to help make informed decision regarding specific complaints, and 3) in response to public concern regarding a specific policy, procedure or practice. The Board feels this review power is an important and appropriate role for the PCRB. The Board recommends that the wording of Sections 8-8-2(N)[new O], 8-8-7(C)2, and 8-8- 7(C)3 remain unchanged. · The Board agrees with the changes in Section 8~8- 3(D), which conforms to current practice, However, the language of 8-8-5(A) seems to imply that PCRB complaints have been filed with the Police Department. The Board suggests clarifying language. · The Board concurs with the changes suggested for Section 8-8-7, including the additional paragraph in Section B.2. However, the Board recommends the following change to the additional paragraph: "...but nonetheless has concern about the officer's conduct, or Police Department policy, procedure, or practice, it may so comment..." 2 Watson and Stratton will attend the Work Session this evening. PUBLIC DISCUSSION None MEETING SCHEDULE · Rogular Moeting July 10, 2001, 7:00 P.M. {Horton, Watcon and Pugh will be ob~ont.) Cancelled. · Regular Meeting August 14, 2001, 7:00 P.M. BOARD INFORMATION None STAFF INFORMATION Pugh will be gone from July 7 to July 23. Pugh also advised that she will be cutting back in her law practice, and focusing on family law mediation. She will remain as legal counsel to the PCRB. EXECUTIVE SESSION Motion by Horton and seconded by Hoffey 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, 4/0, Cohen absent. Open session adjourned at 11:40 A.M. 3 REGULAR SESSION Regular session resumed at 12:23 P.M. Motion by Horton and seconded by Hoffey to "not sustain" allegation 1 in the PCRB's Report on Complaint //01-01. Motion carried, 4/0, Cohen absent. Motion by Stratton and seconded by Hoffey to "sustain" allegation 2 in the PCRB's Report on Complaint//01-01. Motion carried, 3/1, Horton opposing and Cohen absent. Motion by Horton and seconded by Hoffey to forward PCRB Report on Complaint//01-01, as amended, to the City Council. Motion carried, 4/0, Cohen absent. ADJOURNMENT Motion for adjournment by Hoffey and seconded by Stratton, Motion carried, 4/0, Cohen absent. Meeting adjourned at 12:30 P.M. 4