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Home My WebLink About03-11-2003 MinutesDRAFT POLICE CITIZENS REVIEW BOARD MINUTES - March 4, 2003 CALL TO ORDER Chair John Stratton called the meeting to order at 7:00 p.m. ATTENDANCE Board members present: Loren Horton, John Watson, John Stratton; board member absent: Bev Smith. (Bill Hoeft has resigned from the Board) Legal Counsel Catherine Pugh and Staff Marian Karr also present. Also in attendance was Captain Johnson of the ICPD, Annie Sheppie with the Daily Iowan and Frank Gluck with the Gazette. CONSENT CALENDAR Motion by Watson and seconded by Horton to adopt the consent calendar as presented. Watson commented that the Police Media Relations clearly spells out that officers are only supposed to give out factual information. · Minutes of the meeting on 01/21/03 · ICPD General Order 00-04 (Body Armor) · ICPD General Order 00-07 (Police Cyclist) · ICPD General Order 01-04 (Bomb Threats/Emergencies) · ICPD General Order 01-07 (Police Media Relations/Public Information) · ICPD General Order 01-09 (Narcotics, Organized Crime and Vice Investigations) Motion carried, 3/0, Smith absent. NEW BUSINESS OLD BUSINESS No new business. · Review of Traffic Stop Policy - GO#99-07 Stratton noted the Board received a request from the City Council to review the traffic stop general order, and stated he had created a document about the policy, which he distributed. The Board had been provided with a revised version of the general order, the standard operating procedures that accompanied it, a model traffic stop policy, as well as an issues paper. Stratton stated after going through all the materials he had reached the conclusion that the order was well written and clear and had been utilized in many jurisdictions. However, Stratton thought that it had one deficiency - in the area of what to do when people don't do what an officer asks them to do during a traffic stop. Currently, that is left to the discretion of the individual officer within the broad guidelines of polite and professional behavior. The issues paper stated that an officer has a number of options which include reaching for his weapon or backing off. Stratton stated that a policy statement should be developed for certain kinds of situations. He also felt that the Department would need to go through training on the policy. Horton stated that he wanted more emphasis on public education. He suggested reissuing the leaflet "Explaining Traffic Stops." Captain Johnson informed the PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION DRAFT Board that this leaflet is in the front lobby of the Police Department. Horton suggested distributing that more widely such as on the web page and the library. Watson suggested mentioning it on water bills. The document was changed to include the suggestions on public education. Watson wanted to emphasize in the policy a duty of the officer to de-escalate or avoid escalation during traffic stops. The document was changed to reflect this view. Horton moved the adoption of the policy review evaluation document as amended, seconded by Watson. Motion carried 3/0, Smith absent. No public discussion. Horton had a great time in Arizona. Stratton received a request to speak at a Sertoma Club meeting. The th engagement is April 10 at noon at the University Club. Stratton will attend, speak and show the PCRB video. Karr spoke about the distribution of the NACOLE articles. It had previously been decided to have the articles scanned and archived on the website. There has been an increase in the articles which is taking up a considerable amount of Staff time. Because of this the Board decided to discontinue the scanning and indexing of the articles by the Staff effective immediately. Watson suggested putting a link to NACOLE's website on the PCRB webpage and informing the public that there are articles located there, Watson also suggested putting a reminder along with NACOLE's website on the Board's packet cover sheet, Stratton recently ran across a manual on traffic stops on racial profiling from the Department of Justice and he wondered if Captain Johnson's Department had a copy of it, Captain Johnson said that he wasn't familiar with the manual, but he thought the Lt. Jackson used it when he prepared his paper at Louisville. Stratton was going to check the date on the manual. If it was more recent he will let Captain Johnson know. Pugh clarified the legal terms regarding the difference between interference with official acts and obstruction of justice. They are one in the same as far as the statute is concerned. The definition of obstruction is used in the statute 719.1 - interference with official acts. This statute makes it a simple misdemeanor for anyone to knowingly resist or obstruct anyone known to be a police officer. That would be the same if an order was given and not followed - which would be resistance and interference with official acts. For a simple misdemeanor the penalty is a minimum $50 fine or up to 30 days in prison. Under the City statutes there is also a category for either refusing to assist officers or obstructing officers. 2 EXECUTIVE SESSION REGULAR SESSION DRAFT They are simple misdemeanors as well. Stratton asked what the difference was of charging under the City or under the State. Pugh said the definitions are basically the same and the penalties are essentially the same. Captain Johnson stated that they encourage officers to cite under City Code. The City Attorney would prosecute City violations, whereas, the County Attorney would prosecute State Code violations. Pugh said that if it escalates at all beyond the simple misdemeanor level then the State statute is the only one that covers it. Motion by Horton and seconded by Watson to adjourn into Executive Session. Motion carried, 3/0, Smith absent. Open session adjourned at 7:40 p.m. 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. Returned to regular session at 8:45 p.m. Motion by Watson and seconded by Horton to accept the level of review for the Chief's report on PCRB Complaint review #02-01 at 8-8-7(B)(1 )(a), on the record with no additional investigation, in accordance with the Ordinance. Motion passed 3/0, Smith absent. Motion by Horton and seconded by Watson to request a 45-day extension for #02-02 and #02-01. Motion passed 3/0, Smith absent. Motion by Watson and seconded by Horton to accept the level of review for the Chief's report on PCRB Complaint review #02-02 at 8-8-7(B)(1 )(a), on the record with no additional investigation, and 8-8-7(B)(1)(e), performance by board of its own additional investigation, in accordance with the Ordinance. The Board also directed staff to request additional information as sighted in the complaint. Motion passed 3/0, Smith absent. DR~4FT MEETING SCHEDULE ADJOURNMENT · March 11,2003, 7:00 P.M., Lobby Conference Room · April 9, 2003, 7:00 P.M., Lobby Conference Room · May 13, 2003, 7:00 P.M., Lobby Conference Room · June 10, 2003, 7:00 P.M., Lobby Conference Room The Board rescheduled the April 8th meeting to Wednesday, April 9th at 7:00 p.m. Watson brought up the attendance issue. Pugh suggested putting that on the agenda of the next meeting. The Board discussed their need for a new member with police experience due to Hoeft's resignation. Applications are available at the City Clerk's office. The qualifications are a person of voting age living in the City of Iowa City. There is caveat that with due cause the living requirement can be waived on this member. Motion by Horton and seconded by Watson to adjourn. Motion carried, 3/0, Smith absent. Meeting adjourned at 8:55 p.m. 4