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HomeMy WebLinkAbout05-13-2003 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - April 9, 2003 CALL TO ORDER Chair John Stratton called the meeting to order at 7:02 p.m. ATTENDANCE Board members present: John Watson, John Stratton, Loren Horton; Board member absent: Bev Smith. Legal Counsel Catherine Pugh (7:08) and Staff Kellie Tuttle present. Also in attendance were Captain Matt Johnson of the ICPD and citizen Kevin Halstead. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #02-01. (2) Accept PCRB Report on Complaint #02-02. (3) Amend PCRB by-laws and refer to Rules Committee. CONSENT CALENDAR Motion by Horton and seconded by Watson to adopt the consent calendar. · Minutes of the meeting on 03/11/03 · Minutes of the meeting on 03/24/03 · ICPD General Order 89-02 (Department Disciplinary Philosophy) · ICPD General Order 95-04 (Administration of Department Training) · ICPD General Order 99-06 (Internal Affairs Investigations) · ICPD General Order 00-09 (Organization) · ICPD General Order 02-01 (Temporary / Light Duty) · ICPD Use of Force Report- February 2003 · ICPD Use of Force Report- March 2003 Motion carried, 3/0, Smith absent. Watson questioned Captain Johnson about non-punitive action versus punitive action in the Department Disciplinary Philosophy document. Watson felt that the difference between the two was not defined. Captain Johnson explained that the Chief has the authority with the changes to this order to designate a written reprimand as a major or a minor infraction. If it's designated as a minor infraction it can be removed from an officer's personnel file due to the collective bargaining agreement. However, if it's designated as a major infraction it cannot be removed and therefore would be punitive Watson suggested explaining that more clearly in the document. Stratton commented on the Internal Affairs Investigations document. Stratton asked Captain Johnson whether the labels mentioned in the document were the categories that were used on the Chief's reports. Captain Johnson stated that they are the classifications that the investigators assign to their conclusions. Pugh stated that the Board shouldn't assume that those are the definitions that the Chief is implying. Pugh said it should be assumed that the terms such as "unsustained" used in the Chief's PCRB-Page 2 April 9, 2003 report are most likely "unsustained" as defined by the PCRB standards. NEW BUSINESS · Discussion/Motion to Amend PCRB By-Laws The Board discussed absenteeism rules. Under Article 5, Section 1 in the current by-I~ t~ere is a pa.r, agraph entitled regular meetings. Pugh ~bparat~ ti~s out ~nto three d~fferent sections - one covering regular meetings (adding the language about rescheduling a meeting), another pertaining to special meetings to show that they are distinct from regular meetings and are not rescheduled meetings, and a third section on the agenda to show that only matters appearing on the agenda would be covered at regular and special meetings. Earlier Pugh had spoken with Tuttle and Karr about this matter and they suggested the same effect could be reached by just inserting the word "unexcused absences" into section 4 of Article 3 of the by-law which covers absences. Stratton and Horton wanted to know if an excused absence was defined. Pugh stated that excused is not defined in the by-laws. Watson thought that you could just say that the Chair decides whether an absence is excused or unexcused. The Board decided that unexcused absences would apply to both special and regular meetings. The Board agreed that the proposed change in Section four of Article 3 would now read "Three consecutive absences of a Board member, without excuse of the Chairperson, from regular or special meetings may result in recommendation to the City Council from the Board to discharge said member and appoint a new board member." Motion by Watson and seconded by Horton to refer amended by- laws to Council. Motion carried 3/0, Smith absent. OLD BUSINESS · Importance of Attendance The Board stressed again the importance of attending meetings so that there is a quorum to conduct business. PUBLIC DISCUSSION No public discussion. PCRB-Page 3 April 9, 2003 BOARD INFORMATION Stratton informed the Board that he will be giving a talk for the Sertoma Club at the University Club. He will show the PCRB video and pass out brochures. He will also mention the vacancy for a new Board member. STAFF INFORMATION Tuttle informed the Board that so far they have received two applications for the Board vacancy. Tuttle also informed the Board that the complaint form and the brochure have both been added to the website. It's located on the Clerk's page under Departments. It's also under Boards and Commissions. The Board asked Tuttle to include the web information on future brochures. 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 govern- ment 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, Smith absent. Open session adjourned at 7:39 P.M. REGULAR SESSION Returned to open session at 7:55 P.M. Motion by Horton and seconded by Watson to approve 02-01 as amended and forward to the City Council. Motion carried 3/0, Smith absent. Motion by Watson and seconded by Horton to approve 02-02 as amended and forward to the City Council. PCRB-Page 4 April 9, 2003 Motion carried 3/0, Smith absent. MEETING SCHEDULE · May 13, 2003, 7:00 P.M., Lobby Conference Room · May 27, 2003, 7:00 P.M., Lobby Conference Room · June 10,2003, 7:00 P.M., Lobby Conference Room · July 1,2003, 7:00 P.M., Lobby Conference Room · August 12, 2003, 7:00 P.M., Lobby Conference Room Watson and Horton cannot make the August 12th meeting. The Board will wait to reschedule the August meeting until May 13th. The Board decided to meet June 10th as long as there is a quorum. It was discussed that the Board will make more of an effort to meet on its regularly scheduled meeting dates. ADJOURNMENT Motion for adjournment by Watson and seconded by Horton. Motion carried 3/0, Smith absent. Meeting adjourned at 8:05. PROPOSED CHANGES TO PCRB BYLAWS (APRIL 9, 2003) CURRENT - ARTICLE III. MEMBERSHIP 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. PROPOSED - ARTICLE III. MEMBERSHIP Section 4. Absences. Three consecutive absences of a Board member, without excuse o£the Chairz~erso_n_, from regular or svecial meetings may result in recommendation to the City Council from the Board to discharge said member and appoint a new Board member. CURRENT- ARTICLE V. BOARD MEETINGS Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. Special meetings may be called 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. PROPOSED - ARTICLE V. BOARD MEETINGS Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. ~his reeular meeting time mav be rescheduled ut~on a.greement by a maioritv_ o.f the Board_ Section 2. S_vecial Meetint~.~: Special meetings may be called 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 wri~en notice of meeting place, time and agenda shall be given ~ each Member and the media. S~ction 3. Aeendo~ Insofar as possible, at revular and.v~ecial meetinm' only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. NO CHANGE TO THE FOLLOWING SECTIONS EXCEPT NUMBERING. Section 4. Quorum. Section 5. Place of Meetings. Section 6. Notice of Meetings. Section 7. Proxies. Section 8. Public Discussion. Section 9. Motions. Sectlnn 10. Exparte Contacts. Section 11. Conflict of Interest. Section 12. Voting. Section 13. Roberts Rules of Order.