HomeMy WebLinkAbout07-03-2003 Communication DRAFT
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, the Iowa City Police Citizens Review Board (PCRB) consists of five members
appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to assure that investigations into claims of police misconduct are
conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City
Manager, and the City Council in evaluating the overall performance of the Police Department by
reviewing the Police Department's investigations into complaints. The Board is also required to
maintain a central registry of complaints and to provide an annual report setting forth the numbers,
types, and disposition of complaints of police misconduct. It may recommend that the City Council
hold public forums and/or hearings designed to encourage citizens to provide information,
recommendations, and opinions about police policies, procedures, and practices. To achieve these
purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and
Standard Operating Procedures and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2003
Meetings
The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. This
year the Board held 13 meetings, each lasting one to three hours, with two being rescheduled and two
cancelled due to lack of a quorum.
ICPD Policies/Procedures/Practices Reviewed By PCRB
The ICPD regularly provides the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attends the open portion of the PCRB meetings, and is available for any questions Board
members have regarding these reports.
Presentations
Two presentations were made by the Board using the PCRB videotape which is intended to (1) inform
and engage the citizens of Iowa City regarding the origin, role, and function of the PCRB, and (2)
explore some of the issues that surround the PCRB.
COMPLAINTS
Number and Type of Allegations
Seven complaints were filed during the fiscal year July 1, 2002 - June 30, 2003. Four public reports
were completed during this fiscal period, and one complaint was summarily dismissed as required by
City Code, Section 8-8-3 D and 8-8-3 E. The complaint was not filed within 90 (ninety) days of the
alleged misconduct. The four completed public reports involved 9 allegations.
PCRB Annual Report FY 2003 - Draft (Approved ?~?~03) - 2
Allegations
Complaint #02-01
1. Discourteous behavior on duty.
2. Failure to provide for the safety and protection of an arrested person.
3. Excessive use of force.
Complaint #02-02
1. Rude and disrespectful behavior on the part of the officer involved.
2. Officers used unreasonable or unnecessary force to gain the Complainant's compliance, and
handcuffed his wrists so tightly as to cause injury
3. Rude and disrespectful behavior towards the bar proprietor on the part of the officer involved.
Complaint #02-03
1. Officer A's actions toward the mother were inappropriate.
Complaint #02-04
1. Officer A made an inappropriate contact with her because her daughter had urinated in some
bushes in the Pedestrian Mall.
2. Officer A made an improper referral to DHS concerning the Complainant's parenting of her
daughter.
Complaint #03-03
Complaint summarily dismissed.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a On the record with no additional investigation 4
Level b Interview or meet with complainant 0
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board's own investigation
Level e Board performs its own additional investigation 1
Level f Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints of misconduct by police officers. The Police Chief
summarizes the results of these investigations and indicates in a report (the Chief's Report) to the
PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief,
the City Manager conducts the investigation and prepares and submits the reports.) The Board
reviews both the citizen's Complaint and the Chief's Report and decides whether the allegations
should be sustained or not sustained. The Board prepares a report for the City Council.
None of the 9 allegations listed in the four complaints for which the Board reported were sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in one of the reports:
Complaint #02-01
· Ordinance #01-3976 requires the Board to give deference to the Police Chief's or City Manager's
Report because of the Police Chief's and City Manager's professional expertise. The Board may
recommend that the Police Chief or City Manager reverse their finding only if: (a) the findings are
not supported by substantial evidence, (b) the findings are unreasonable, arbitrary or capricious,
or (c) the findings are contrary to a Police Department policy or practice or federal, state or local
law. In the current case the Board concluded they must sustain the Chief's conclusion regarding
PCRB Annual Repod FY 2003 - Draft (Approved ?/?/03) - 3
allegation #2, but felt some uneasiness in doing so. The uneasiness stems from the "substantial
evidence" requirement. In the current case there is no disagreement regarding whether or not the
complainant was in the custody of the officer or whether the injuries resulted from the officer's
actions. At issue is whether the injury was inevitable or whether it could have been prevented
without jeopardizing the Officer A's control over the subject. There is not a great deal of
information that bears on this issue. There is, the Board believes, a preponderance of evidence to
support the contention that the Complainant offered resistance to Officer A of a verbal and
physical nature.
Was this resistance sufficient to require the complainant to be placed on the ground to retain
control? The decision of Officer A was "yes, it was necessary." This decision is suppoded by the
Chief's Report. Was the resistance sufficiently strong that Officer A could not have guided the
Complainant to the ground without causing injury? Officer B did not appear to feel that the
resistance was great enough to require his assistance nor did Officer A request it. The Board
believes that there is no information in the Chief's Report that bears directly on this question. The
Complainant was handcuffed with his hands behind the back making it obvious that if he were
taken, placed or directed to the ground face forward without some support he would have a high
probability of injury.
The Board is required to rely on the Chief's expertise unless there is a lack of substantial evidence
to support his conclusion. The Board feels substantial evidence is lacking that the injury to the
complainant was beyond Officer A's control, but the Board also feels that there is insufficient
evidence that the injury was the result of indifference, negligence or malice. Hence, the Board's
conclusion that the allegation #2 was not sustained. The Board is concerned that when arrested
individuals are substantially unable to protect themselves (as when handcuffed with their arms
behind them) officers be sensitized to the possibility that this vulnerability could result in serious
injury when efforts to control the subject are implemented. The Board recommends this topic be
addressed in training if it is not already being done.
Name-Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name-clearing hearing has been held. During this fiscal period, the Board scheduled one
name-clearing hearing. The Officer waived the right to the hearing and did not attend.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage
in the complaint process before the Board adopts its public report. All parties involved must consent to
a request for mediation. No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. Complaints were filed against four officers in the four
complaints this report covers. One officer was named in two; the rest were each named once.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
PCRB Annual Report FY 2003 - Draft (Approved ?/?/03) - 4
COMPLAINT DEMOGRAPHICS
The following is demographic information from the five complaints reported on in this fiscal year.
Because complainants provide this voluntarily, the demographic information is incomplete.
Category/Number of Complainants
A,qe: National Oriqin: Color:
Under 21 0 US 3 White 2
Over 21 3 Greek 0 Olive 1
Unknown 1 Jewish 0 Unknown 1
Unknown 1
Sexual Orientation: Gender Identity: Sex:
Heterosexual 3 Female 1 Female 1
Unknown 1 Male 2 Male 2
Unknown 1 Unknown 1
Marital Status: Reliqion: Mental Disability:
Single 3 Christian 1 No 1
Married 0 Greek Orthodox 0 Aspergens Syndrome 1
Unknown 1 Jewish 0 ADHD 1
Unknown 3 Unknown 1
Physical Disability:
No 3
Unknown 1
BOARD MEMBERS
John Stratton, Chair
Loren Horton, Vice Chair
John Watson
Bill Hoeft / David Bourgeois
Beverly Smith
clerk/Annual Report 02-03.doc
22
Prepared by: Madan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 03-]89
RESOLUTION AMENDING THE BY-LAWS OF THE POLICE CITIZENS REVIEW BOARD TO
CLARIFY THE ABSENCE POLICY,
WHEREAS, the Police Citizens Review Board desires to amend its by-laws to clarify the absence
policy for the Board; and
WHEREAS, the Police Citizens Review Board did unanimously agree to amend the by-laws at their
meeting of Apdl 9, 2003; and
WHEREAS, the City Council Rules Committee did recommend approval of the by-laws as presented
at their meeting of May 28, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. That Article Ill. Membership, Section 4, Absences, is hereby deleted and replaced with a new
Article iii, Section 4 as follows:
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.
2. That Article V. Board Meetings, Section 1, Regular Meetings; Section 2, Special Meetings; and
Section 3, Agenda are hereby deleted and replaced with new Sections 1,2, and 3 as follows:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday
of each month. This regular meeting may be rescheduled upon agreement by a majodty of
the Board.
Section 2. Special Meetings. 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 wdtten notice of meeting place, time and agenda shall
be given to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings, only matters
included on the agenda may be discussed and formal votes taken. Care shall be given to
avoid discussion of non-agenda items.
3. All subsequent sections of the bylaws shall be renumbered as necessary.
Passed and approved this 10th . day of June ,2003
,~)"l~oved by~
CITY ~'EERK City Attorney's Office
ResOlution No. 03-189
Page 2
It was moved by Pfab and seconded by Champion the Resolution be
adopted, and upon mil call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
IOWA CITY
POLICE CITIZENS
REVIEW BOARD
BY-LAWS
(Revised 06/10/03, Res. 03-189)
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 heroin.
ARTICLE I1. PURPOSE:
The purpose of the by-laws stated heroin is to provide for the general welfaro 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 assuro the citizens of Iowa City that the Iowa
City Police Department's performance is in keeping with community standards, this Board is
created to roview investigations into complaints of police misconduct to insure that such
investigations aro conducted in a matter which is fair, thorough, and accurate, and to maintain a
central rogistry and to provide City Council with an annual roport on all such complaints.
ARTICLE Ill. 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 cdteria 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 roquiroment for good cause shown and may waive the
roquirement 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 roimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and roimbursement.
Section 3. Orientation for New Membem. 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 records law, open meetings law and other documentation that would be useful to Board
members in carrying out their duties. They shall also be given an orientation briefing by the
appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Throe consecutive absences of a Board member, without excuse of the
Chairperson, from regular or special 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 expiring 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 prior to the date of intended
depadure.
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 special 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 MEETINGR'
Section 1. Reqular Meetinqs. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majodty of the Board.
Section 2. Special meetinqs. 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
to each Member and the media.
Section 3. Aqenda. Insofar as possible, at regular and special meetings 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 4. Quorum. A majodty of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. 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
3
meeting places in Iowa City.
Section 6. 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 ?. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9, Motions, Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10..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 writing or a synopsis if verbal.
Section 11. 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 retum after the vote.
Section 12. Votinq. 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 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable 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 DUTIE?,:
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 headng
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 closed 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
4
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
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 BUSINES,~'
Section 1. Aqenda. 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 prior 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 ×. 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
celled for that purpose. Amendments shall become effective after approval by the City Council.
June 19, 2003
NACOLE II }
,.0. Box,926, INVOICE
Denver, CO 80219
To: John Watson Date: May 21, 2003
Police Citizens Review Board
410 East Washington Street Invoice # M03125
Iowa City, IA 52240
Se~ice Description Rate Amount
Annual Associate Membership One Year - 7/1/03 - 6/30/04 $ 100.00 $ 100.00
Payment due upon receipt of invoice I
Please make checks payable to: NACOLE I
TF. ta~ ~]ou for ?]our s~pport!
NACOLE · P.O. Box 19261 · Denver, CO 80219 · (866)4NACOLE(TolIFree)· (303)256-5491 Fax
Web site: www.nacole.org · e-mail: nacole~nacole.org
May 21, 2003
Re: Membership Renewal
Dear NACOLE Member:
Currently, all NACOLE memberships are renewed annually based on the date of the membership
application and the payment of membership dues. As a result, terms of memberships ara vaded
throughout the Association. This causes a considerable amount of tracking and monitedng and the
Finance Committee has determined that it would be mora feasible and cost-effective to track
memberships in a more uniform manner.
From now on, the term of each and every membership shall be from July 1st, through June 30th of the
following year. Since this is the first year of our transition pedod, a monthly, prorated credit was applied
to each membership that was paid for after July of 2002. (If the last membership payment was paid
before July of 2002, no credit is due.) For example, if you paid $300 for an Organizational Membership
on November 1~t of 2002, your membership would now be due four months earlier for the new
membership pealed. The invoice will be for $300 less four months (er 1/3 of a year), which equates to a
$100 credit, for a total of $200 due. Each and every renewal thereafter will be for the entire amount of the
membership. Further, there will be no 'grace period" for renewals thereafter and the full amount of the
membership must be paid. The only exception to this will be for first time members who join NACOLE
some time before or after the scheduled ranewal period. In that event, only their first invoice will be
prorated.
We are sorry for any inconvenience this may cause any of our Regular, Associate, or Organizational
members and wa ask that you bear with us in this transition. If you have any questions or concerns,
please do not hesitate to e-mail us.
Thank you.
Rose E. Ceja-Arag~ /J
Treasurer
NACOLE · P.O. Box 19261 · Denver, CO 80219 · (866)4NACOLE (Toll Free)· (303)256-5491 Fax
Web site: www.nacole.org · e-mail: nacole~acole.org
City of Iowa City
MEMORANDUM
DATE: June 24, 2003
TO: John Stratton, Chair
FROM: Marian K. Karr, City Clerk fi~ye-'
RE: Peace Officer Appointment to Police Citizens Review Board
At their work session and formal meeting this past week the City Council appointed
Candy Bamhill to the Police Citizens Review Board (PCRB). During deliberations of the
appointment there were concerns expressed regarding consideration of a peace officer
with ties to the Iowa City Police Department.
At the June 24 formal meeting the City Attorney reminded Council that they waived the
appointment of a Peace Officer for the last two appointments by not considering a former
member of the Iowa City Police Department; and questioned continuing to advertise for a
Peace Officer without clarification and possible amendment of the ordinance
Council requested that the matter be scheduled for their July 14 work session.
U:pcrbpoappt.doc
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
May 28, 2003
Mayor Ernest W. Lehman
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At a regular meeting on May 27, 2003 the PCRB voted in open session to request a 60
day extension in addition to its regular 45-day reporting deadline for the Public Report
according to the City Code for PCRB Complaint #03-01 for the following reasons:
· Due to timelines and scheduling.
· Collection of additional information to proceed with investigation.
· PCRB Complaint #03-01 - Public Report presently due July 7, 2003
60-day Extension request - Public Report for #03-01 due on September 5,
2003
The Board appreciates your prompt consideration of this matter.
Sincerely,
John Stratton, Chair
Police Citizens Review Board
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
May 28, 2003
Bev Smith
703 1/2 George St.
Iowa City, IA 52246
Dear Bev,
At the Police Citizens Review Board meeting of May 27, a motion passed unanimously
to recommend your removal fi.om the PCRB Board due to excessive absences and request
Council appoint a new Board Member pursuant to Article III of the PCRB by-laws.
On the City Council's June 10 agenda there will be a resolution removing you from the
PCRB. If the Council passes that resolution, in accordance with State law, you may
request a hearing on the removal within 30 days.
In the event you wish to resign, the above mentioned steps will not be on the June 10
agenda, but rather an announcement of vacancy would appear based on receipt of your
resignation. If you would like to resign, the City Clerk's office should receive your letter
of resignation prior to close of business on June 4 in order to avoid placement of the
resolution on the agenda.
Please contact the City Clerk's office, 356-5041, with any questions you may have. A
return envelope is included for your convenience.
Y,
i ~/h~att~oon. Chair --'-~-~-.~- .......
olice Citizens Review Board
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 03-188
RESOLUTION TO REMOVE BOARD MEMBER BEV SMITH FROM THE POLICE
CITIZENS REVIEW BOARD DUE TO HER MISSING THREE CONSECUTIVE
REGULAR MEETINGS ACCORDING TO THE CURRENT BY-LAWS.
WHEREAS, on May 8, 2001, the Police Citizens Review Board (PCRB) recommended adoption
of by-laws stating in Article Ill, 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"; and
WHEREAS, the Iowa City City Council approved the Police Citizens Review Board by-laws on
July 31, 2001; and
WHEREAS, Bev Smith was appointed to the Police Citizens Review Board on July 31, 2002,
and did miss three regular scheduled meetings on December 10, 2002, March 11, 2003, and
May 13, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. Pursuant to current PCRB by-laws, Bev Smith is removed from the Police Citizens Review
Board.
2. The City Clerk is directed to mail a copy of this resolution to Bev Smith by certified mail.
3. Bev Smith, upon written request filed with the City Clerk within thirty (30) days of the date of
mailing of a copy of this resolution, shall be granted a public hearing before the Council on
all issues connected with her renewal. The hearing shall be held within thirty (30) days of
the date the request is filed, unless Ms. Smith reasonably requests a later date. Following
the public hearing, the Council will either confirm its eadier decision of removal or reinstate
Ms. Smith to the PCRB.
4. If no hearing is requested by Ms. Smith, removal shall be effective 30 days after the date
on which a copy of the resolution is mailed to Ms. Smith. If a hearing is requested Ms.
Smith shall remain on the Police Citizens Review Board pending final resolution by City
Council.
Passed and approved this 10th day of June ,2003.
CITY ~EERK City Attorney's O~ce --
Resolution No. 03-1R8
Page 2
It was moved by Champion and seconded by Vanderhoef. the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
× Pfab
X Vanderhoef
X Wilbum