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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.