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HomeMy WebLinkAbout02-05-2002 Minutes DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - JANUARY 8, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 7:02 P.M. ATTENDANCE Board members present: Loren Horton, John Stratton and John Watson; board members absent: Bill Hoeff and Bev Smith. Staff present: Legal Counsel Catherine Pugh, PCRB staff Kellie Tuttle. Also in attendance was Chief Winkelhake (7:19 P.M.)of the ICPD. RECOMMENDATION TO COUNCIL Request a 30-day extension, to February 6, 2002, to complete the Public Reports on #01-05 and #01-06 due to timelines, scheduling, and further investigation. CONSENT CALENDAR Motion by Horton and seconded by Watson to adopt the consent calendar as amended: · Minutes of the meeting on 12/11/01 · Minutesofthe meeting on 12/27/01 · ICPD General Order 01-09 (Narcotics, Organized Crime and Vice Investigations) · ICPD General Orders Alphabetic Index · ICPD Standard Operating Guideline 01-21 (Unusual Occurrences) · ICPD Standard Operating Guideline 01-22 (Special Assignments/Training) · ICPD Standard Operating Guideline 01-23 (Recruitment) · ICPD Standard Operating Guide Index Motion carried, 3/0, Hoeft & Smith absent. NEW BUSINESS No new business OLD BUSINESS PCRB Video: Bob Hardy attended with another cut of the PCRB video for the Board. Hardy said at a previous meeting it was suggested to insert Board member's talking over the video. It didn't work well and was taken out. Hardy also distributed a short script for the Board to review that would be added to the end of the video visually and verbally along with the complaint form in the background. He suggested it would be good to give information about contacting the Board on some copies of the video, but they may want to leave it off a few copies because it may look like the Board was soliciting people to come in and make complaints. DRAFT The Board viewed the video and gave their opinions. Watson pointed out that there is no backslash in PCRB. Legal Counsel Pugh feels there might be some misinformation about the accreditation process in the video and PCRB's involvement. Hardy will have the Chief take a look at it. The Chief gave some background on the Police Department and the accreditation process. Overall the Board was pleased with the video. The Board reviewed the script suggested for the end of the video. The Board agreed to add the phone number and address for the City Clerk's office. They also made minor changes to the last paragraph which include changing "on file" to "filed" and omitting "about which you have filed the complaint". Discussion on ICPD General Orders 01-06 & 01-07: Watson's only question on GO#01-06 (Juvenile Procedures) was whether the age of 12 applied to homes and any other property. The Police Chief made a clarification that it should read age12 and under not under the age of 12. GO#01-07 (Police Media/Relations/Public Info) discusses what should and shouldn't be released to the press. The Chief explained how they formulated that order. Chief Winkelhake explained to the Board the color codes found on the General Orders. Red are high liability and very important to know. Green means that the officer should know what's in it but not verbatim. The black ones are dealt with on a regular basis and are not high liability issues. This information will eventually be on the servers and officers will be able to bring up this information in the cars. PUBLIC DISCUSSION Chief Winkelhake updated the Board about the Police Department accreditation process. He acknowledged the efforts of Sgt Hurd, Accreditation Manager. The Chief noted it is common to have to re-write a dozen or more orders; however when the Police Department went through the accreditation process a modification was requested for only one order and it was a word change. One other suggestion noted was a lock on the evidence refrigerator. Chief Winkelhake stated the Accreditation Board is going to suggest some of the procedures/policies that the Iowa City Police Department has to other organizations. 2 DRAFT MEETING SCHEDULE ,, January 22, 2001,7:00 P.M., Lobby Conference Room · February 5, 2001,7:00 P.M., Lobby Conference Room · March 12, 2001,7:00 P.M., Lobby Conference Room BOARD INFORMATION Stratton will not be at the March 12 meeting. Watson has a potential conflict with the February 5 meeting. STAFF INFORMATION The Board received their extension request on Complaint #01-02 from the City Council. EXECUTIVE SESSION Motion by Horton and seconded by Watson 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, 3/0, Hoeft & Smith absent. Open session adjourned at 7:42 P.M. REGULAR SESSION Returned to open session at 8:45 P.M. Motion by Watson, seconded by Horton to schedule a name- clearing hearing for Complaint #01-05 for January 22, 2002, at 7:00 P.M. Motion carried, 3/0, Hoeft & Smith absent. 3 DRAFT Motion by Watson, seconded by Horton to request 30-day extension for Complaint #01-05 and 01-06 due to timelines, scheduling, and further investigation. Motion carried, 3/0, Hoeft & Smith absent. Motion by Watson and seconded by Horton to review the Chief's report on PCRB Complaint #01-04 at level 8-8- 7(B)(1)(a), on the record with no additional investigation, in accordance with the Ordinance. Motion carried, 3/0, Hoeft & Smith absent. Motion by Watson and seconded by Stratton to review the Chief's report on PCRB Complaint #01-05 and #01-06 at level 8-8-7(B)(1 )(b), interview/meet with complainant, and 8- 8-7 (B)(1)(e), performance by board of its own additional investigation, in accordance with the Ordinance. Motion carried, 3/0, Hoeft & Smith absent. The Board directed staff to write a letter to the Chief of Police requesting a copy of the in-car recording device regarding the incident in Complaint #01-06. ADJOURNMENT Motion for adjournment by Watson and seconded by Horton. Motion carried, 3/0, Hoeft & Smith absent. Meeting adjourned at 8:49 P.M. 4 DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -January 14, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 4:33 P.M. ATTENDANCE Board members present: Loren Horton, Bev Smith, John Stratton and John Watson; board members absent: Bill Hoeft. Staff present: Legal Counsel Catherine Pugh, PCRB staff Kellie Turtle. MOTION FOR EXTENSION Motion by Horton and seconded by Watson to request a 30-day extension, to February 27, 2002, for the filing of the public report with the City Council on Complaint #01-04 in order to schedule a name-clearing hearing. Chair Stratton said the extension was necessary to meet the notice requirement of 10 working days. The previously set date of January 22, 2002, did not meet those requirements. Motion carried, 4/0, Hoeft absent. Directed staff to write a request to the City Council for an extension on Complaint#01-04. The Board discussed dates and scheduling issues for the name- clearing hearing. Then directed staff to schedule the name-clearing hearing for February 5, 2002, at 7:00 P.M. Watson also mentioned that he could not attend the MATS training on February 6, 2002. Horton will attend in his place. RECOMMENDATION TO COUNCIL Request a 30-day extension, to February 27, 2002, to complete its Public Report on #01-04 in order to schedule a name-clearing hearing. ADJOURNMENT Motion for adjournment by Smith and seconded by Horton. Motion carried, 4/0, Hoeft absent. Meeting adjourned at 4:40 P.M. DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - JANUARY 22, 2002 CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 P.M. ATTENDANCE Board members present: Bill Hoeft, Loren Horton, Bev Smith, John Stratton and John Watson. Staff present: Legal Counsel Catherine Pugh, PCRB staff Kellie Tuttle. Also in attendance was Lt. Dan Sellers of the ICPD. RECOMMENDATION TO COUNCIL Accept PCRB Report on Complaint #01-02 with changes as amended. MEETING SCHEDULE · February 5, 2002, 7:00 P.M., Lobby Conference Room · March 12, 2002, 7:00 P.M., Lobby Conference Room · April 9, 2002, 7:00 P.M., Lobby Conference Room BOARD INFORMATION John Watson will not be attending the February 5, 2002 meeting due to conflicts, and John Stratton will be out of town and not be able to attend the March 12, 2002 meeting. Loren Horton reported that he was accepted into the Citizens Police Academy. Watson and Stratton touched base about the MATS training. Stratton stating that they've had good participation from the officers. Stratton also indicated that he was contacted over the weekend by Brian Sharp (reporter for the Iowa City Press Citizen) regarding the loss of data within the Police Department because of a software flaw. The Board directed staff to write a letter to the Chief of Police requesting that the Board be notified when the problem with the software is corrected, the system is working properly and future plans to secure the system. Bob Hardy contacted Stratton regarding the quote on the accreditation effort from the City Manager in the PCRB video. Hardy stated the City Manager felt that the process had stalled and the Board helped spur the process along. Hardy would like to leave this segment in the video and will be attending the February 5 meeting to discuss the matter further. 1 DRAFT PUBLIC DISCUSSION Lt. Dan Sellers expressed interest in the views of Stratton and Watson regarding MATS training. Stratton and Watson briefly discussed the different views/feelings that they encountered during the sessions with the officers. Lt. Sellers offered his view of why some officers feel the way they do about the Board. Watson expressed concern about a comment from one officer that instructors at the Police Academy were telling new officers not to go to Iowa City because of the existence of the PCRB. Watson suggested that the Chief address the Academy on this issue. Other board members agreed that these kinds of attitudes and statements are out of line and could damage the image of the ICPD and hinder recruitment of new officers. STAFF INFORMATION Tuttle explained the memo from the City Clerk regarding the budget work session scheduled for January 29. The minutes attached listed a flip chart of pending issues where a PCRB Clerk was listed. The Board was not interested in attending the work session and is satisfied with the way things are being handled through the City Clerk's office. EXECUTIVE SESSION Motion by Horton and seconded by Hoeft 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. Open session adjourned at 7:19 P.M. REGULAR SESSION Returned to open session at 8:33 P.M. 2 DRAFT Motion by Hoeft, seconded by Smith to accept the Public Report for Complaint #01 ~02 with amended changes. Motion carried, 5/0. Horton and Watson discussed when Horton would be filling in at the MATS training for Watson, which will be on February 6, 2002. The Board directed staff to inform the Chief of Police of the issue for the name-clearing hearing. Hoeft expressed his feelings towards the usage of "name- clearing hearing" and how officers perceive the terminology when they hear it. He believes there would be more officer participation if the meetings were called something else and had a more positive spin to them and sounding less accusatory. The Board suggested looking at changing this at later date. ADJOURNMENT Motion for adjournment by Watson and seconded by Hoeft. Motion carried, 5/0. Meeting adjourned at 8:44 P.M. 3