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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