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HomeMy WebLinkAbout01-13-2004 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD January 13, 2004 — 7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 12/09/03 ICPD Use of Force Report — November 2003 • ICPD Use of Force Report — December 2003 • ICPD Quarterly /Summary Report — IAIR /PCRB, 2003 ITEM NO. 3 NEW BUSINESS ITEM NO. 4 OLD BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO 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. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • February 10, 2004, 7:00 P.M., Lobby Conference Room • March 9, 2004, 7:00 P.M., Lobby Conference Room • April 13, 2004, 7:00 P.M., Lobby Conference Room • May 11, 2004, 7:00 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: January 9, 2004 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on January 13, 2004 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for the meeting on 1/13/04 • Minutes of the meeting on 12/09/03 • ICPD Use of Force Report — November 2003 • ICPD Use of Force Report — December 2003 • ICPD Quarterly /Summary Report — IAIR /PCRB, 2003 • PCRB Complaint Deadlines • PCRB Office Contacts — December 2003 • Updated Board Member List Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — December 9, 2003 CALL TO ORDER Chair Loren Horton called the meeting to order at 7:01 p.m. ATTENDANCE Board members present: Candy Barnhill (7:15 p.m.), Loren Horton, Greg Roth, John Stratton, and Roger Williams; Board members absent: None. Legal Counsel Catherine Pugh and Staff Kellie Tuttle present. Also in attendance was Capt. Matt Johnson of the ICPD, and Public, Kevin Halstead. CONSENT CALENDAR Motion by Stratton, seconded by Roth, to adopt the consent calendar. • Minutes of the meeting on 10/29/03 • ICPD General Order 99 -07 (Traffic) • ICPD General Order 99 -10 (Domestic Violence) • ICPD General Order 99 -11 (Arrests) • ICPD General Order 99 -12 (Field Interviews And "Pat- Down" Searches) • ICPD SOG 03 -05 (Off -Duty Employment) • ICPD Quarterly /Summary Report — IAIR /PCRB, 2003 • ICPD Use of Force Report — October 2003 Motion carried, 4/0, Barnhill absent. NEW BUSINESS Horton introduced new Board member Roger Williams. OLD BUSINESS None. PUBLIC DISCUSSION Kevin Halstead asked Board members what their current occupations were. BOARD INFORMATION Horton responded to an e-mail received through the Clerk's office regarding the origin of the Board. Tuttle confirmed the procedure for future correspondence via e -mail, and the Chair would like to be contacted and will respond for the Board. STAFF INFORMATION Tuttle had been contacted by an individual who had questioned the status of her complaint. Staff noted there was no procedure to notify complainants when the Chief or the Board had requested and been granted an extension. The Board reviewed a draft form letter. Motion by Stratton, seconded by Roth, to accept the draft form letter and procedure to notify complainants when an extension has been granted to the Chief or the Board. Motion carried, 4/0, Barnhill absent. 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 PCRB -Page 2 October 29, 2003 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. Motion carried, 5/0. Open session adjourned at 7:20 P.M. REGULAR SESSION Returned to open session at 7:30 P.M. Motion by Barnhill, seconded by Roth to investigate PCRB Complaint #03 -08, #03 -09 and #03 -10 at the level 8- 8- 7(B)(1)(a), on the record with no additional investigation. Motion carried, 5/0. MEETING SCHEDULE January 13, 2004, 7:00 P.M., Lobby Conference Room February 10, 2004, 7:00 P.M., Lobby Conference Room March 9, 2004, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion by Williams, seconded by Stratton, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:34 P.M. TO: FROM: SUBJECT: DATE: TJ C) 0 c. _.r w _� CJ Memorandum ➢ ^' Chief Winkelhake Captain Widmer, Field Operations uarterl /Summary Report - IAIR/PCRB, 2003 January 8 2004 Attached you will find the 2003 Summary Report, 4th Quarter, for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. This report is a summary of the entire 2003 calendar year. Cc: PCRB Year: 2003 IAIR/PCRB Quarterly /Summary Report IAI #03 -01 PCRB #03 -01 Incident Date: Incident Date: 12 -02 Incident Time: 1943 Hrs. Date Assi ned: 03 -11 -03 Location: Kimball & Governor Date Assigned: 02 -27 -03 Disposition: Reason for Allegation: 1) Unfounded 2 Sustained 1. Altering Evidence r 2. Improper Use of Force 3. Improper Conduct Disposition: CO 1. Not Sustained 2. Not Sustained c? 3. Not Sustained D E" IAI #03 -02 PCRB Incident Date: Incident Time: Location: ICPD Date Assi ned: 03 -11 -03 Reason for Allegation: 1. Misuse of City Property Disposition: 1. Sustained IAI #03 -03 PCRB #03 -02 Incident Date: 02 -12 -03 Incident Time: 2320 Hrs. Location: 2100 Broadway Date Assigned: 04 -08 -03 Reason for Allegation: l) Improper Use of Force 2) Inappropriate Comment Disposition: 1) Unfounded 2 Sustained IAI PCRB #03 -03 Incident Date: 11 -24 -02 Incident Time: 0229 Hrs. Location: Burlington & Front Date Assi ned: Reason for Allegation: 1) Improper Use of Force Disposition: 1 Summarily Dismissed - over 90 days i� l `J IAI #03 -04 PCRB Incident Date: 09 -08 -02 Incident Time: 0130 Location: Summit Bar Date Assi ned: 04 -17 -03 Reason for Allegation: 1) Improper Use of Force Disposition: 1 Exonerated IAI #03 -05 PCRB Incident Date: 04 -05 -03 Incident Time: 0142 Hrs. Location: 10 Blk. South Clinton Date Assigned: 05 -12 -03 Reason for Allegation: 1) Improper Use of Force Disposition: 1 Not Sustained /Unfounded IAI #03 -06 PCRB #03 -04 Incident Date: 04 -26 -03 Incident Time: 0104 Hrs. Location: 1800 Blk. Hollywood Ct. Date Assigned: 05 -12 -03 . Reason for Allegation: 1) Unlawful Arrest 2) Improper Conduct Disposition: 1) Exonerated 2 Unfounded IAI #03 -07 PCRB Incident Date: 06 -17 -03 Incident Time: 2227 Hrs. Location: 211O Broadway Date Assigned: 06 -20 -03 Reason for Allegation: 1) Improper Conduct C) Disposition: �E c 1 Unfounded ' — co CO D nO N T-1 .J IAI #03 -08 PCRB #03 -05 Incident Date: 03/31/03 Incident Time: 1930 Hrs Location: 1900 Blk. Broadway Date Assigned: 07/9/03 Reason for Allegation: 1) Incomplete Investigation 2) Son in Detention Too Long 3) Alleged Assaulters Information Not Published in Newspaper Disposition: 1 -3 Not Sustained IAI #03 -09 PCRB PCRB #03 -06 & 03 -07 Incident Time: 0027 Hrs Incident Date: 05/24/03 Date Assigned: 07/25/03 Incident Time: 2118 Hrs 1) Excessive Use of Force Location: 2139 Taylor Drive 1 Complaint Withdrawn Date Assigned: 7/9/03 3) Failure to Investigate Reason for Allegation: 1 -3 Unfounded 1) Unlawful Arrest 2) Improper Conduct C7 _- 3) False Report ' =: Disposition: 7 i 1) Exonerated 2) Unfounded =' 3 Unfounded �. o N N IAI #03 -10 PCRB Incident Date: 07/08/03 Incident Time: 0027 Hrs Location. 2100 Broadway Date Assigned: 07/25/03 Reason for Allegation: 1) Excessive Use of Force Disposition: 1 Complaint Withdrawn IAI #03 -11 PCRB #03 -08, 09 &10 Incident Date: 05/31/03 & 06/11/03 Incident Time: Location: 204 N Dubuque /807 E. Date Assigned: 08/11/03 Fairchild Reason for Allegation: 1) Assault 2) Failure to Supervise 3) Failure to Investigate Disposition: 1 -3 Unfounded �l �. J IAI #03 -12 PCRB Incident Date: 09/01/03 Incident Time: 0407 Hrs Location: 200 N. Clinton Date Assigned: 09/17/03 Reason for Allegation: 1) Rudeness 2) Failure to Render Medical Aid Disposition: 1 -2 Pending IAI #03 -13 PCRB Incident Date: 08/30/03 Incident Time: Location: Coral Ridge Mall Date Assigned: 09/29/03 Reason for Allegation: 1) Using /Carrying City ID in Off -Duty Employment 2) False Statements Disposition: 1) Sustained 2 Not sustained IAI #03 -14 PCRB #03 -11 Incident Date: 09/17/03 Incident Time: 2234 Hrs Location: 507 N. Linn #1 Date Assigned: 10/23/03 Reason for Allegation: 1) False Statements 2) Illegal Search Disposition: Pending IAI #03 -15 P PCRB #03 -12 Incident Date: 07/13/03 I Incident Time: 0305 Hrs Location: Village Inn D Date Assigned: 10/22/03 Reason for Allegation: 1) Improper Conduct Disposition: Com laint Withdrawn ` T� `J IAI #03 -16 PCRB #03 -13 Incident Date: 08/29/03 Incident Time: 0010 Hrs Location: 10 Blk S. Clinton Date Assigned: 10/22/03 Reason for Allegation: 1) Improper Use of Force 2) Unlawful Arrest 3) Improper Conduct Disposition: Pending IAI #03 -17 PCRB Incident Date: 10/14/03 Incident Time: 1803 Hrs Location: Date Assigned: 10/20/03 Reason for Allegation: 1) Improper Use of Iowa System Disposition: 1 Sustained IAI #03 -18 PCRB Incident Date: 10/29/03 Incident Time: 1630 Hrs Location: University ETC Date Assi ned: Reason for Allegation: 1) Rudeness Disposition: Mediation - Withdrawn CO N N F IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT November 2003 CEIi' DATE INC # INCIDENT FORCE USED 57 11 -03 -03 3 -58269 Injured Animal The officer responded to a complaint of an injured raccoon. The raccoon's rear legs were broken and the officer used his side arm to dispatch the animal. 36 27 30,40 6,39 55 0 54, 59, 4 11 -05 -03 3 -58628 Injured Animal The officer responded to a complaint of an injured deer. The officer used his side arm to dispatch the deer. 11 -08 -03 3 -59176 Disturbance The subject placed her hand on the officer's chest and attempted to push him away. The officer restrained her by grabbing her arm and using a hands control technique to handcuff her. She continued to struggle with the officer who then held her against a wall until she stopped resisting. 11 -09 -03 3 -59360 Domestic Assault The subject who was sitting in a chair at the time he was told he was under arrest disregarded officer commands to stand up. The officers lifted the subject from the chair and used an arms control technique to place his hands behind his back to handcuff him. After arriving at the jail he refused to get out of the patrol car and had to be lifted out. 11 -10 -03 3 -59512 Suicidal Subject The subject was banging his head against a counter so the officers restrained and handcuffed him to prevent him from hurting himself. 11 -12 -03 3 -59830 Injured Animal The officer used his side arm to dispatch a deer that had been struck by a vehicle. 11 -13 -03 3 -60029 Injured Animal The officer used his side arm to dispatch a deer that had been struck by a vehicle. 11 -15 -03 3 -60461 Intoxicate Subject After advising the first subject that he was under arrest he jerked away from the officer and used profanities as he told the officer to get his hands off of him. The officer deployed a chemical agent and was then able to handcuff the subject. A second subject used OFFICER DATE INC # INCIDENT FORCE USED profanities as she disregarded officer commands to step back. When the subject was told she was under arrest she refused to place her hands behind her back and the officers used a hands control technique to gain control of her arms. She was then placed against the patrol car where she was handcuffed. 98 11 -15 -03 3 -60472 Criminal Trespass After the subject was handcuffed he tensed up and attempted to push away from the officer. After the officer directed the subject to the ground he no longer resisted and the officer was able to pat him down. 16 11 -15 -03 3 -60618 Trespass The subject continually pulled away from the officer while being handcuffed. The officer directed the subject to the ground where he was handcuffed. O 3 19, 4 11 -18 -03 3 -61129 While being escorted to the patrol car !r _' V r^ the subject attempted to grab a bag from the officer's hand and run away. CID __ The officer was able to grab the subject and direct her to the ground where she r'J - continued to assault the officer. The officer restrained the subject on the ground until a second ocer arrived ff and they were able to use a hands control technique to place her hands behind her back to handcuff her. 13,6 11 -22 -03 3 -61852 Suspicious activity When the subject was told he was under arrest he initially placed his hands behind his back, but then fled. The officers caught the subject after a short foot chase and directed him to the ground where he was handcuffed. 11,60 11 -23 -03 3 -61982 Intoxicated person When the subject was advised that he was under arrest for public intoxication he jerked away from the officer and attempted to walk away. When the officer grabbed him he again tried to jerk away and the officer directed him to the ground. The officer used a hands control technique to handcuff the individual while the subject continued to resist. 43 11 -24 -03 3 -62102 Assist other agency The ICPD officer and UI DPS officer OFFICER DATE INC # 2 Officers 11 -25 -03 51,4 11 -25 -03 19 57 11 -26 -03 11 -28 -03 3 -62242 3 -62431 3 -62618 3 -62815 h0 :n INCIDENT FORCE USED attempted to restrain the subject, who was already handcuffed, as the subject attempted to slip his hands to the front of his body. When the officers grabbed the subject they fell to the floor where they restrained him until UI hospital staff arrived and used their own restraints to control the subject. Building search The officers responded to a complaint of a burglary and drew their sidearms while searching the building. Domestic The officer responded to a domestic complaint involving a person with a knife. Upon the officer's arrival the subject fled behind a building. The officer drew his side arm while searching the area he last saw the subject run towards, but reholstered his weapon after not locating the subject. A little later the officers observed the subject approaching them on foot and they ordered him at gunpoint to stop and to place his hands on top of his head. The officers were then able to handcuff the subject and walk him to the patrol car. While the officers were patting him down he attempted to jerk away so the officer held him against the patrol car until he calmed down. Armed subject The officer responded to a complaint of a man with a gun. When the officers arrived, the subject fled, but was located, hiding a short distance away. The officer ordered the subject to the ground at gunpoint. The subject was taken into custody without further incident. Disturbance When the officer attempted to place the subject under arrest the subject fled but was caught by a civilian who held him for the officer. The Subject actively resisted being handcuffed and disregarded officer commands to stop resisting. The civilian directed the subject to the ground where officer attempts to handcuff the subject were unsuccessful. The officer exposed the subject to a chemical agent and the subject then became compliant. OFFICER DATE INC # 42 11 -30 -03 3 -63076 INCIDENT FORCE USED OWI The subject was yelling at officers and disregarded officer commands to sit down while in the ICPD intoxolizer room. When the officer placed his hand on the subject's arm the subject tensed up. The officer then attempted to direct the subject to a chair, but both fell when the officer lost his balance. The officer was able to direct the subject to the floor and into a prone position where he was handcuffed. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT December 2003 OFFICER DATE INC # INCIDENT FORCE USED 11 12 -01 -03 3 -63103 Theft While looking for two suspects in a theft investigation the officer saw two persons attempt to flee on foot from the area. They disregarded the officer's verbal commands to stop and both were caught and directed to the ground by the officer. 51 12 -05 -03 3 -63814 Suspicious Person While speaking with a subject the officer noticed the subject appeared nervous as he was feeling around inside of his pocket. When the officer removed the subject's hand from the pocket he observed the handle of a steak knife. The officer drew his weapon and ordered the subject to place his hands behind his back. The subject complied and was handcuffed by a second officer and the knife was seized. 59 12 -05 -03 3 -64015 Trespass The subject became verbally abusive and tried to kick the officer when the officer requested that he leave the area. When the subject spit on the officer the officer deployed a chemical agent and directed the subject to the floor. While attempting to handcuff the subject the subject attempted to bite and punch the officer. 39 12 -06 -03 3 -64137 Injured Animal The officer used his side arm to dispatch a deer that had been struck by a vehicle. 19 12 -06 -03 3 -64208 Traffic Stop The subject, who was being detained for an OWI investigation, attempted to return to her vehicle. When the officer tried to stop her, by grabbing her arm, she turned and struck him in the forearm with a closed fist. The officer directed her, so she was lying face down, over the hood of her car and handcuffed her. SRT 12 -10 -03 3 -64910 Search Warrant SRT officers used a ram to force entry 4 officers to a locked door after occupants inside refused to comply with officer requests OFFICER 15, 38 21 7 3 Officers 20 34 DATE INC # INCIDENT FORCE USED to open it. Upon gaining access to the residence officers deployed side arms and long weapons as they made entry. All but one of the subjects complied with officer commands and were handcuffed without incident. One subject refused to lay on the floor as ordered and was directed to the floor by an officer. 12 -13 -03 3 -65381 Theft When the subject was advised that she was under arrest she became physically combative and the officer had to restrain her against the side of the patrol car. The subject was directed to the ground when she started kicking the officer. A hands control technique was used to place her hands behind her back to handcuff her. 12 -16 -03 3 -65971 Injured deer The officer used his side arm to dispatch a deer that had been struck by a vehicle. 12 -17 -03 3 -66147 Injured deer The officer used his side arm to dispatch a deer that had been struck by a vehicle. 12 -18 -03 3 -66339 Building Search Officers searched a residence at the request of the owner. The officers drew their side arms during the search. 12 -19 -03 3 -66368 Man with a gun Officers responded to a complaint of a man displaying a handgun to a taxi driver. When officers arrived on scene the suspect fled into an apt Officers located the subject in a bedroom and ordered him at gunpoint to show his hands. The suspect partially complied and one hand was handcuffed. The officer used a hands control technique to cuff the other hand. Once the subject was standing he continued to resist and tried to bite the officer. The officer directed him to the floor and held him there until another officer arrived. (Officers located the handgun) 12 -19 -03 3 -66509 Injured deer The officer used his side arm to dispatch a deer that had been struck by a vehicle. 38 12 -21 3 -66841 Intoxicated person The arrestee refused to comply with OFFICER 0 DATE 12 -26 -03 12 -28 -03 27, 19 12 -28 -03 INC # INCIDENT FORCE USED officer commands to get into the patrol car. When the subject tensed up and tried to square off with an officer he was directed into the back seat of the patrol car. 3 -67348 OWI While being processed for OWI the subject stood up and threatened the officer while advancing towards the officer. The officer was able to direct him back to his chair. 3 -67648 Fight The officer observed three persons kicking a male who was on the ground. The subjects continued their attack as the officer attempted to pull them away. The subjects fled the area after the officer exposed them to a chemical agent. Two subjects were located and arrested about one hour later. 3 -67736 Stolen Vehicle Officers stopped a vehicle, known to be stolen, in which the occupant was known to be armed with a knife. Officers had drawn their side arms while taking the subject into custody. 55 12 -30 -03 3 -67950 Assist other agency The officer attempted to stop a car that DPS had been pursuing. The vehicle drove up into a yard and the occupant fled on foot. After a short foot chase the officer caught and directed the subject to the ground where he was handcuffed. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library January 13, 2004 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #03 -08 #03 -09, #03 -10 Filed: 08/01/03 Chief's Report due: 10/30/03 Ext Request Granted: 12/05/03 Chief's Report filed: 12/03/03 PCRB Report due: 01/20/04 PCRB Complaint #03 -11 Filed: 10/10/03 Chief's Report due: 01/08/04 Chief's Report filed: 01/08/04 PCRB Report due: 02/23/04 PCRB Complaint #03 -13 Filed: 10/17/03 Chief's Report due: 01/16/04 Chief's Report filed: PCRB Report due: POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS December 2003 Date Description 12/1/03 Individual called regarding complaint filed and timelines of procedure process. 12/3/03 Individual called regarding complaint filed and timelines of procedure process. 12/4/03 Individual called regarding complaint filed and timelines of procedure process. 12/5/03 Individual called regarding complaint filed and timelines of procedure process. 12/11/03 Individual wanted complaint form mailed. Updated 12110103 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 Candy Barnhill, Vice Chair 154 Friendship St Iowa City IA 52245 (H) 354 -6111 Roger Williams 134 Friendship St Iowa City IA 52245 (H) 339 -1821 roger.williams @mchsi.com Loren Horton, Chair 3367 Hanover Ct Iowa City IA 52245 -4016 (H) 351 -5842 Greg Roth 770 Broadmoor Dr North Liberty, IA 52317 (H) 665 -4338 groth @kirkwood.edu John Stratton 815 Wylde Green Rd Iowa City IA 52246 (H) 338 -6109 john- stratton (a)uiowa.edu Catherine Pugh, Legal Counsel 705 Grant St Iowa City IA 52240 (H) 339 -4617 FAX — 351 -6409 pugh705 @hotmail.com Term: September 1, 2003 — September 1, 2007 Term: Unexpired ending September 1, 2005 Term: September 1, 2000 — September 1, 2004 Term: Unexpired ending September 1, 2005 Term: September 1, 2000 — September 1, 2004