HomeMy WebLinkAbout03-11-2003 CommunicationPage 1 of 1
Kellie Tuttle
From: BILLATEILOGOS@aol.com
Sent: Thursday, February 20, 2003 3:17 PM
To: kellie-tuttle@iowa-city.org
Subject: resignation from the PCRB
Sorry Kellie. I thought I got the right email address, I must have typed it wrong. I wish to resign my position with
the Police Citizens Review Board effective immediately. Thanks,
Patrick "Bill" Hoeft
3/3/03
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
March 5, 2003
Mayor Ernest W. Lehman
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At a rescheduled regular meeting on March 4, 2003 the PCRB voted in open session to
request an extension of its 45-day reporting deadline for the Public Report according to
the City Code for PCRB Complaints #02-01 and #02-02 for the following reasons:
· Due to timelines, scheduling, and further investigation.
· PCRB Complaint #02-01 - Public Report presently due March 3, 2003
45-day Extension request - Public Report for fK)2-01 due on April 17, 2003
· PCRB Complaint #02-02 - Public Report presently due March 20, 2003
45-day Extension request - Public Report for #02-02 due on May 5, 2003
The Board appreciates your prompt consideration of this matter.
Sincerely, ~ ~.
~~Itz°enn ~;CRheavi ;ew Boa rd
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
mo~
From:
RE:
City Manager ~
Police Citizens Review Boar
Review of Traffic Stop Policy - General Order #99-07
Date: March 5, 2003
The Police Citizens Review Board has reviewed the Iowa City Police Department (ICPD) Traffic
Stop Policy, General Order #99-07, per your memo of January 13, 2003. The Board examined
drafts of the revised order and the Standard Operating Guideline. In addition, the Board
reviewed other materials provided by the ICPD. A concepts and issues paper published by the
IACP National Law Enforcement Center was particularly useful.
The Board notes that the ICPD Traffic Stop Policy is based on a model policy developed by the
IACP National Law Enforcement Center that has been adopted in many jurisdictions nationwide.
It is further noted that this policy was reviewed as part of the recent accreditation of the ICPD.
The Board concludes that General Order #99-07 is a clear and well thought out document. The
policy statement appropriately emphasizes polite and professional conduct on the part of officer
and safety for officers, motorists, and the public. The procedure section is quite detailed with a
strong emphasis on safety.
The Board concludes, however, that while generally sound, that General Order #99-07 is
deficient in one area, i.e. how to respond in situations where the motorist fails to obey the order
or commands of an officer pursuant to a traffic stop. These situations include, but are not
limited to, orders to pull over, to stop in a particular location, to remain in the vehicle, to get out
of the vehicle and get back into the vehicle. As the order currently stands, the appropriate
response is at the discretion of individual officers who may have varied perceptions of
appropriate conduct. Clear and specific guidelines might be provided for situations where an
officer's request or command is not honored. Such guidelines and instructions would aim to
guide the use of discretion in traffic stop situations to avoid the escalation of non-routine
situations to ones where the safety of the motorist, the public or the officer is at risk; and to
deescalate non-routine situations whenever possible. This might be addressed in the Standard
Operating Guideline, the General order or both. Training addressing these situations would also
be appropriate.
The Board appreciates the necessity of emphasizing officer and public safety in General Orders
and applauds the ICPD for their own efforts in this area. Efforts at public education through
videotape and brochures is noted and encouraged. The Board further recommends greater
circulation of these materials through the website and other public avenues. The driving public
has a responsibility to be informed regarding appropriate conduct in the traffic stop situations
and the Board supports the ICPD's effort to further this end.
IOWA CITY
POLICE CITIZENS
REVIEW BOARD
BY-LAWS
(Revised 07/31/01, Res. 01-251)
BY-LAWS
IOWA CITY POLICE
CITIZENS REVIEW BOARD
ARTICLE I. AUTHORITY:
The Iowa City Police Citizens Review Board (PCRB) shall have that authority which is conferred
by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption of these by-
laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of
Iowa City by establishing a Police Citizens Review Board to advise the Police Chief, City Manager
and City Council on matters pertaining to the policies, practices and overall performance of the
Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa
City Police Department's performance is in keeping with community standards, this Board is
created to review investigations into complaints of police misconduct to insure that such
investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a
central registry and to provide City Council with an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Police Citizens Review Board shall consist of five (5) members ap-
pointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall
meet the cdteda contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the
Board shall include one current or former "peace officer'' as that term is defined by state law. The
City Council may waive the residency requirement for good cause shown and may waive the
requirement that the Board include one current or former "peace officer'' for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Police
Citizens Review Board, the written policies of the Iowa City Police Department, the PCRB by-laws,
open racerds law, open meetings law and other documentation that would be u§eful to Board
members in carrying out their duties. They shall also be given an orientation bdefing by the
appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Board member from regular
meetings may result in a recommendation to the City Council from the Board to discharge said
member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expidng on September 1. If a position becomes vacant by reason of resignation
or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resiqnations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days pdor to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call spedal meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Reqular Meetinqs. The Board's regular meeting will be held the second Tuesday of
each month. Special meetings may be celled by the Chairperson and shall be called by the
Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least
one (1) full day's written notice of meeting place, time and agenda shall be given each Member
and the media. Insofar as possible, only matters included on the agenda may be discussed and
formal votes taken. Care shall be taken to avoid discussion of non-agenda items.
Section 2. Quorum. A majodty of the members of the Board shall constitute a quorum at any
meeting.
Section 3. Place of Meetinqs. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 4. Notice of Meetinqs. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 5. Proxies. There shall be no vote by proxy.
Section 6. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 7. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 8. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in wdting or a synopsis if verbal.
Section 9. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 10. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govem the Board in all cases to which they are appliceble and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Iowa City Police Citizens Review Board shall have the powers and duties set forth in Chapter
8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS; EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a)
Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b)
The minutes and tape recordings of any session dosed under the provisions of the Iowa
Code shall be closed records.
(c)
No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
4
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
(d) Mediation matters are protected from disclosure by the Iowa Code.
ARTICLE VIII. CONDUCT OF BOARD BUSINESR:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24
hours before the meeting and shall be sent to Board members and the media pdor to meetings.
Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
August 1, 2001
POLICE CITIZENS REVIEW BOARD
ATTENDANCE
7/1/02 to 6/30/03
DATE
B~ BiiiHoeft ~0re~ HOA~n Be~Smith g~hnS~ratton ~ohnwatson
~EAR
07/09/02 x x X x x
Regular Mtg
09/10/02 Absent (E) X X X X
Regular Mt9 Called
10/22/02 Absent (UE) Absent (E) X X X
Special Mt9 No Call Out of Town
11/12/02 X X Absent (E) Absent (E) X
Regular Mt9 Called Out of Town
12/10/02 X X Absent (U E) X X
Regular Mtg No Call
12/20/02 Absent (E) X Absent (UE) X X
Special Mtg Called No Call
01/21/03 Absent (UE) X Absent (E) X X
Special Mtg No Call Called
02/11/03 N/A N/A N/A N/A N/A
Regular Mtg
Re-scheduled
No Quorum
02/18/03 Absent (E) Absent (E) Absent (UE) X X
Special Mtg- Called Out of Town No Call
No Quorum Resigned
c~a~g~}in vacant ~6~ H6A~n B&~ S~ith ~Eh StrattO~ Jdhh Watsdn
B~rd
Members
03/04/03 N/A X Absent (UE) X X
Special Mtg No Call
03/11/03 N/A
Regular Mtg
04/09/03
Special Mtg
05/13/03
Regular Mtg
06/10/03
Regular Mtg
(E) = Excused
(UE) = Unexcused