HomeMy WebLinkAbout05-27-2003 Minutes DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - May 13, 2003
CALL TO ORDER Chair John Stratton called the meeting to order at 7:03 p.m.
ATTENDANCE Board members present: John Watson, John Stratton, Loren
Horton, David Bourgeois; Board member absent: Bev Smith. Legal
Counsel Catherine Pugh and Staff Kellie Tuttle present. Also in
attendance were Captain Matt Johnson of ICPD and Kevin
Halstead, citizen.
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #03-03.
CONSENT
CALENDAR Motion by Horton and seconded by Bourgeois to adopt the consent
calendar.
· Minutes of the meeting on 04/09/03
· ICPD General Order 90-02 (Report Review)
· ICPD General Order 99-05 (Use of Force)
· ICPD Standard Operating Guide 03-02 (Traffic Stops)
· ICPD Standard Operating Guide 03-03 (Traffic Direction/Control)
Motion carried, 4/0, Smith absent.
Watson wanted to know if there were changes to the general orders.
Captain Johnson informed the Board that there were minor changes
to Report Review and Use of Force. There were no functional
changes to any of the general orders.
Stratton said that he appreciated the change in the Traffic Stop
guide with regard to non-compliance. Johnson stated that previous
Board discussions were taken into account when the SOG was
written.
The minutes of 4/9 were amended. Under new business, the
statement "Pugh wanted to separate this out into three different
sections" was altered to "Pugh suggested separating this out into
three different sections."
Motion by Horton and seconded by Watson to adopt the consent
calendar as amended.
Motion carried, 4/0, Smith absent.
PCRB-Page 2
May 13, 2003
NEW BUSINESS
· Review of Untimely Procedure
Tuttle reviewed with the Board what the current procedure is with
untimely complaints. If a complaint is received after 90 days of the
date the incident occurred, a letter is sent along with the filed
complaint to the Police Chief saying the complaint appears to be
untimely. Another letter is sent to the complainant stating that the
complaint appears to be late and if they have any written information
they would like the board to review, they should send it before the
next scheduled meeting. If the Board decides that the complaint is
untimely, then another letter would go out letting the complainant
know that it was untimely and that the Board cannot address their
complaint and mentions the option of filing a complaint with the
Police Department. A letter will also be sent out to the Police Chief
stating the complaint was determined to be untimely.
· Complaint #03-03
Stratton referenced the current case where the complaint seemed to
be filed late. The complainant had sent a copy of his letter to the
Clerk of Court requesting information to contact the Review Board.
The complainant claimed that the letter served as a timely request.
Attorney Pugh let the Board know that they really don't have any
latitude. The ordinance states all complaints to the Board must be
filed with the City Clerk within 90 days of the alleged misconduct.
Motion by Bourgeois and seconded by Horton to declare the
complaint untimely.
Motion carried 4/0 Smith absent.
OLD BUSINESS No old business.
PUBLIC
DISCUSSION No public discussion.
BOARD
INFORMATION Horton received a call from a reporter at the Daily Iowan who
wanted his comments in reaction to the suggestion to abolish the
PCRB as part of the budget reductions. Horton told the reporter that
if that happened it would remove a useful means of communication
between the citizens and the City.
Bourgeois asked if that was a real possibility. Tuttle answered that
at the Council's work session last night it was listed as an additional
option. The Council didn't discuss anything on the option sheet last
night, but they were not done discussing the budget reductions. The
next work session scheduled for budget reductions is May 19, 2003
at 5:30p.m.
PCRB-Page 3
May 13, 2003
Watson received a call on April 18th about a high speed chase on
Sandusky. The caller lives on Sandusky and felt that the officer's
behavior was reckless and dangerous in a residential neighborhood
for such a minor offense. The caller felt it was inappropriate and
inexcusable. Watson asked Captain Johnson if there was anything
he could tell the Board about that chase. Johnson said in general
with pursuits the Department is required to do a critique conducted
by the Operations Commander. Within the critique is an
assessment of whether or not officers, communication staff or
supervisors fulfilled the obligations that are spelled out for them in
the general order regarding pursuits. Captain Johnson is fairly
confident that the critique has been done on the pursuit. Watson
asked if the Board could get a report on the case. Johnson said he
would check into it.
Stratton reported that he did a presentation at a Sertoma Club
luncheon regarding the PCRB, which was attended by 12 people
and went very well.
STAFF
INFORMATION
· Memorandum regarding Budget Reduction Plan
Tuttle stated again that at the first budget reduction work session the
Council did not discuss the option to eliminate the Board.
Tuttle also informed the Board that the brochure, information sheet
and the complaint form do not contain any information stating that
complaints must be flied within 90 days of the incident. Tuttle added
a section from the ordinance onto a sample brochure, information
sheet and complaint form. The Board directed Tuttle to make the
appropriate changes, print and distribute.
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.
PCRB-Page 4
May 13, 2003
Motion carried 4/0. Open session adjourned at 7:34 P.M.
REGULAR
SESSION Returned to open session at 7:38 P.M.
Watson stated that he'd like to hear about Bourgeois' background.
Bourgeois introduced himself to the Board and gave some history on
his life/career. Bourgeois asked the Board how they thought the
relationship between the Police Department and the Board has been
over the years. The Board said that the command staff on the
Police Department understands the Board's role and function and is
very cooperative. Many of the officers, however, feel the Board isn't
necessary.
Tuttle mentioned that Watson's upcoming vacancy has been posted
and the deadline for applications is June 18~.
MEETING
SCHEDULE
· May 27, 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
The June 10th meeting was cancelled.
ADJOURNMENT Motion for adjournment by Horton and seconded by Watson. Motion
carried, 4/0. Meeting adjourned at 7:53.