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HomeMy WebLinkAbout12-09-2003 Minutes DRAFT POLICE CITIZENS REVIEW BOARD MINUTES- October 29, 2003 CALL TO ORDER Chair Loren Horton called the meeting to order at 5:18 p.m. ATTENDANCE Board members present: Candy Barnhill, Loren Horton, and John Stratton; Board member absent: Greg Roth. Legal Counsel Catherine Pugh (4:21 p.m.) and Staff Kellie Tuttle present. Aisc in attendance was Sgt. Troy Kelsay of the ICPD. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #03-05. (2) Accept PCRB Report on Complaint #03-06 and #03-07. CONSENT CALENDAR Motion by Stratton, seconded by Barnhill, to adopt the consent calendar. · Minutes of the meeting on 10/14/03 · ICPD General Order #02-01 (Temporary/Light Duty) Motion carried, 3/0, Roth absent. Stratton requested a change in 10/14/03 minutes, last sentence of the consent calendar, to read "He also asked about the meaning of official color of duty." Majority agreed. NEW BUSINESS None. OLD BUSINESS Barnhill mentioned an employment change and that a work number will not be available. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Barnhill, seconded by Stratton, 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 PCRB-Page 2 October 29, 2003 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, Roth absent. Open session adjourned at 5:23 P.M. REGULAR SESSION Returned to open session at 5:35 P.M. Motion by Stratton, seconded by Barnhill, to forward the Public Report for PCRB Complaint #03-05 to City Council. Motion carried, 3~0, Roth absent. Motion by Barnhill, seconded by Stratton, to forward the Public Report for PCRB Complaint #03-06 and #03-07 to City Council. Motion carried, 3~0, Roth absent. Motion by Stratton, seconded by Barnhill, to grant the 45-day extension to the Police Chief for PCRB #03-08, #03-09, and #03-10 to December 5, 2003. Motion carried, 3/0, Roth absent. Motion by Stratton, seconded by Barnhill, to cancel the November 10th meeting. Motion carried, 3/0, Roth absent. MEETING SCHEDULE · December 9, 2003, 7:00 P.M., Lobby Conference Room · January 13, 2004, 7:00 P.M., Lobby Conference Room · February 10, 2004, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion by Barnhill, seconded by Stratton, to adjourn. Motion carried, 3/0, Roth absent. Meeting adjourned at 5:39 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 TO: City Council Complainant Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #03-05 DATE: 29 October 2003 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #03-05 (the "Complaint"). Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsuppoded by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a. Board's Procedure The Complaint was received at the Office of the City Clerk on June 30, 2003. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on August 29, 2003, and was filed with the City Clerk on August 25, 2003. The Board voted to review the Complaint in accordance with Section 8-8-7B(1)(a), on the record with no additional investigation. PCRB # 03-05 Page 1 The Board met to consider the Report on October 14, 2003, and October 29, 2003. Findinqs of Fact On March 31, 2003 the Complainant reported being assaulted by two adult males and two juvenile males. On April 9, 2003 the Complainant and an undetermined number of other juvenile males assaulted another juvenile male, allegedly one of the assailants from the original altercation on March 31, 2003. The Complainant charged that the investigating officer did not adequately investigate the original assault complaint on March 31,2003, leading to the retaliation attack on April 9, 2003. Interviews of the Complainant and his mother did not establish firmly the number of assailants on March 31, 2003, or their identity. The investigating officer attempted to locate the assailants, but apparently some of them do not live in Iowa City, and residence addresses for the others could not be found. The Complainant went in the officer's car but upon enquiry, residents at the places the Complainant stated his assailants lived denied that people with those names lived at the addresses. Because several of the alleged assailants are referred to only by nicknames, it is difficult to determine who was present, and who actually participated in the altercations. During interviews, the Complainant stated he escaped his assailants of the March 31, 2003 altercation, went to his sister's residence, and called friends to come and join him - whether for protection or retaliation, is not clear. The Complainant stated during the interviews that the altercation on March 31, 2003 continued into a second phase, but it was then termed a "one-on-one" fight between the Complainant and one of his original assailants. This fight resulted in property damage to the residence of a person not otherwise involved in either altercation. As a result of the April 9, 2003 altercation, the Complainant was arrested for assault with injury, and criminal mischief, the latter a result of damage inflicted upon property belonging to the alleged victim. The Complainant was then removed to the Linn County Juvenile Detention Facility and held for two (2) days. Conclusion The Report from the Chief of Police includes an extensive transcript of an interview with the Complainant and his mother, as well as other relevant official documents. From information contained in the original Complaint, and in this extensive transcript, it is virtually impossible to determine with any degree of certainty, the identities of all of the people involved in either altercation, nor all of the motivations involved. It seems to the Police Citizens Review Board that the original investigating officer took all steps required by Departmental regulations to determine what had happened, and who was involved. His inability to locate most of the alleged assailants was not due to any laps~ of pr~er police procedures for the handling of the case. PCRB Cf 03-05 Page 2 ):% o Alleqation # 1: The Board finds that the Chief's conclusion that there is no substantial evidence to support the allegation that the officer failed to properly investigate the March 31, 2003 incident is correct, and is not unreasonable, arbitrary, or capricious. NOT SUSTAINED. AIleqation # 2: The Police Citizens Review Board does not have any authority to determine what the Iowa City Press-Citizen prints. SUMMARY DISMISSAL. AIleqation # 3: Neither the Police Citizens Review Board nor the Iowa City Police Department have power to determine the length of incarceration at the juvenile detention facility. SUMMARY DISMISSAL. Comment None. PCRB # 03-05 Page 3 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 ,'--~ Complainant Stephen Atkins, City Manager ~.<; R. J. Winkelhake, Chief of Police r~ Officer(s) involved in complaint .<-;-~'. co '"--'J FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #03-06 and #03-07 DATE: 29 October 2003 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #03-06 and #03-07 (the "Complaint"). Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a. Board's Procedure The Complaints were received at the Office of the City Clerk on June 30 and July 2, 2003. As required by Section 8-8-5 of the City Code, the Complaints were referred to the Chief of Police for investigation. The Chief's Reports were due on September 29, 2003 and October 1,2003, respectively and were both flied with the City Clerk on September 29, 2003. The Board voted to review the Complaints in accordance with Section 8-8-7B(1)(a), on the record with no additional investigation. PCRB # 03-06 and 03-07 Page 1 The Board met to consider the Report on October 14, 2003, and October 29, 2003. Findinqs of Fact In order to clarify the Complainants in these two Complaints, they will be referred to as Complainant 03-06 and Complainant 03-07. On the evening of May 24, 2003 a gll call was received from Complainant 03-07 who stated that his wife had just threatened him with a knife. Three officers responded to this call. When the first officer arrived, Complainant 03-07 invited him into the residence. The officer observed Complainant 03- 06 in the kitchen of the residence with a knife in her hand. The officer asked her to put the knife down, and she complied. The second officer arrived at this time, and took Complainant 03-06 outside of the residence, while the first officer remained inside the residence with Complainant 03-07. At that time the third officer arrived, and remained outside of the residence. Complainant 03-07 then described the incident, signed a voluntary statement as follows: "1 was in house and she became mad she had knife in hand she sliced me with it". The first officer observed a wound on Complainant 03-07's hand consistent with a knife cut, and took photographs of it. Complainant 03-06 told the second and third officers that she was using the knife to cut food, and that although she and her husband had argued, she never had used the knife to threaten or cut him. The first and second officers conferred and concluded that this incident fell under Iowa Code Section 236.12 (2) (b-d) and required mandatory arrest. Complainant 03-06 was arrested and placed in the patrol car. Complainant 03-07 remained in the residence with the couple's two minor children. Complainant 03-06 was later transported to the Johnson County Sheriffls Department by the third officer. Apparently Complainant 03-06's brother and his girl friend had been in the residence at the time of the incident, but had left because they had been drinking alcoholic beverages and feared possible arrest for that. Neither of them re-appeared at the scene, or ever offered any statements about the incident. Conclusion Inconsistencies in the information given by both Complainant 03-06 and Complainant 03- 07 make the incident more complex to analyze. The Board has relied on the signed statement by Complainant 03-07 and on the transcript of the 911 call to determine that there was real danger involved in the incident. There were difficulties in contacting either of the Complainants and any other Witnesses to the incident. The fact that an actual injury to Complainant 03-07's hand was consistent with a knife cut lends credence to his original complaint, both in the 911 call and in his signed statement the night of the ~-.~ incident. PCRB Cf 03-06 and 03-07 Page 2 - Alleqation # 1: Improper / Unlawful Arrest. The Board finds that the Chief's conclusion that there is no substantial evidence to support the allegation of improper or unlawful arrest on May 24 is correct, and is not unreasonable, arbitrary, or capricious. The decision of the first and second officers that this incident fell under Iowa Code Section 236.12 (2) (b-d) was reasonable and correct, and required a mandatory arrest. NOT SUSTAINED. Alle~qation # 2: Improper Conduct. The Board finds no evidence of improper conduct on the parts of the first, second, or third officers. Therefore the Chief's conclusion that there is no substantial evidence to support the allegation of improper conduct on May 24 is correct, and is not unreasonable, arbitrary, or capricious. NOT SUSTAINED. Alleqation # 3: False Report. The Board relies on the signed voluntary statement of the Complainant 03-07 given on May 24 that Complainant 03-06 cut him with a knife, and also on the transcript of the 911 call. There is no evidence of a false report on the part of the first, second, or third officer. Therefore the Chief's conclusion that there is no substantial evidence to support the allegation of a false report on May 24 is correct, and is not unreasonable, arbitrary, or capricious. NOT SUSTAINED. Comment None. PCRB # 03-06 and 03-07 Page 3