HomeMy WebLinkAbout10-09-2001 Communication City of Iowa City
MEMORANDUM
Date: October 2, 2001
To: John Watson, Chair, PCRB
From: City Manager
Re: Complaint 01-01
Thank you for your response to my inquiry concerning PCRB Complaint 01-01. In order to
undertake any policy change in addressing a sustained complaint, I believe it is important
to have all available and relevant information. I would hope you would agree. Without all
relevant information, we could prepare a possible policy or operational amendment that
does not fulfill the interest of the PCRB, our police department, the interests of the City
Council, or our community.
My concern is that we may not have all relevant factual information available to us. The
PCRB has apparently conducted an investigation, which included additional interviews
with the complainants, and based upon those facts, the advice of your attorney and the
input of other parties, has reached its conclusion for sustaining Complaint 01-01. In
preparing to address the policy issues affected by your sustained complaint finding, I am
concerned the police and City Council may not have available to them all information
pertinent to this issue. For example, it appears the PCRB interviewed a 15-year-old youth
who was a material witness in this complaint. The police were no._/t permitted to interview
this individual. The information gained apparently has some relevance to your findings,
and I believe this information could be helpful to our police in their review of policies and
procedures.
I would like to appear before the Board in order to discuss this issue. I will leave the
schedule to your discretion. In doing so, I will ask a representative of the City Attomey's
Office to accompany the Chief and I to this meeting. Our police depadment routinely
receives guidance from our City Attorney's Office as they did in this matter. Since the
PCRB has reached a differing legal conclusion based on its factual information concerning
complaint 01-01, I believe a discussion of the issues is important before proceeding with
any policy change, particularly conflicting legal conclusions. A specific concern of mine, as
identified in your report, is a commentary concerning the possibility of illegal activity. I
believe in sharing information we can not only have a better public policy, but also
improved operating procedures for the police department.
October 2, 2001
Page 2
I have been requested by the City Council to discuss this matter in a work session with
them. At this time it would be difficult for the police, my office, and/or the City Attorney to
comment as to the basis of your conclusion and its policy implications when we may not
have all the information available. Please let me know when our attendance at a PCRB
meeting would be convenient.
cc: City Council
City Clerk
R.J. Winkelhake
Sarah Holecek
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