HomeMy WebLinkAbout08-10-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
August 10, 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 07/13/04
• ICPD General Order #98 -02 (Policy Operating Procedures Manual)
• ICPD General Order #00 -02 (Harassment and Sexual Harassment)
ITEM NO. 3 NEW BUSINESS
• Proposed changes to Standard Operating Procedures
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
• September 14, 2004, 7:00 P.M., Lobby Conference Room
• October 12, 2004, 7:00 P.M., Lobby Conference Room
• November 9, 2004,7:00 P.M., Lobby Conference Room
• December 14, 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: August 6, 2004
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on August 10, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 08/10/04
• Minutes of the meeting on 07/13/04
• ICPD General Order #98 -02 (Policy Operating Procedures Manual)
• ICPD General Order #00 -02 (Harassment and Sexual Harassment)
• Proposed changes to Standard Operating Procedures
• PCRB Complaint Deadlines
• PCRB Office Contacts — July 2004
• E -mail from Martha Dominguez / PCRB Chair response attached
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 — July 13, 2004
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Candy Barnhill, Greg Roth, Loren Horton, and John Stratton
MEMBERS ABSENT: Roger Williams
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present
OTHERS PRESENT: U of I Students Rachel Allen and Matt Dixon from Class #19115
RECOMMENDATIONS TO COUNCIL:
(1) Accept PCRB Report on Complaint #04 -01.
CONSENT
CALENDAR
NEW BUSINESS
Motion by Stratton, seconded by Barnhill, to adopt the consent calendar.
• Minutes of the meeting on 05/11/04
• ICPD Use of Force Report —April 2004
• ICPD Use of Force Report— May 2004
• ICPD Use of Force Report — June 2004
• ICPD General Order #89 -04 (Civil Rights)
• ICPD General Order #99 -05 (Use of Force)
• ICPD General Order #99 -09 (Vehicle Crashes)
• ICPD General Order #00 -03 (Less Lethal Impact Munitions)
• ICPD General Order #00 -01 (Search and Seizure)
• ICPD General Order #01 -03 (Performance Evaluations)
• ICPD SOG #01 -16 (Records Maintenance /Security)
• ICPD Memorandum — Quarterly /Summary Report (Quarter 2)— IAIR /PCRB, 2004
• ICPD Department Memo 04 -2
Stratton recommended minor changes to General Order #89 -04 (Civil Rights) LEG 01.2,
letter D, to read "Department personnel shall:" striking "At all times ", and D(1), to read,
"Avoid exhibiting any bias or prejudice against any group or individual," instead of "Never
exhibit any bias or prejudice against any group or individual'.
Another recommended change by Stratton was to General Order #99 -09 (Vehicle
Crashes) OPS 13.9, letter H, to read, "A member of this department shall not physically
push or repair stalled vehicles, jump - start, or change a tire on any vehicle not owned by
the City, except in emergency situations." Instead of, "A member of this department
should not physically push or repair stalled vehicles, jump -start, or change a tire on any
vehicle not owned by the City, except in emergency situations."
Motion carried, 4/0, Williams absent.
Stratton inquired as to whether the vacancies on the Board had been filled. Horton
indicated that one of the spots had been filled and the other has a deadline of July 28th.
PCRB — Page 2 DRAFT
July 13, 2004
Horton asked the Board if there were any questions for discussion regarding Complaint
#04 -01, if there we not they could have an open meeting concurrence of a summary
dismissal, otherwise they can discuss it in executive session. Barnhill stated she would
like more discussion. The Board deferred discussion to executive session.
OLD BUSINESS The Board reviewed draft #2 of the annual report. Minor additions /corrections were
made to the report.
Motion by Stratton, seconded by Roth, to adopt the second draft of the annual report and
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 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, 4/0, Williams absent. Open session adjourned at 7:31 P.M.
REGULAR
SESSION Returned to open session at 7:38 P.M.
Motion by Stratton, seconded by Barnhill, to summarily dismiss PCRB Complaint #04 -01
according to City code section 8- 8 -3(E) and directing staff to forward the Public Report to
Council and the appropriate correspondence to the complainant and Police Chief.
Motion carried, 4/0, Williams absent.
MEETING SCHEDULE
• August 10, 2004, 7:00 P.M., Lobby Conference Room
• September 14, 2004,7:00 P.M., Lobby Conference Room
• October 12, 2004, 7:00 P.M., Lobby Conference Room
forward to the City Council as amended. Motion carried, 4/0, Williams absent.
PUBLIC
DISCUSSION
U of I student Dixon asked a few general questions regarding the number of complaints
and the review process by the Board.
BOARD
INFORMATION
Horton announced that he had received a letter from Mayor Lehman re- appointing him
for another term ending September 1, 2008. There is still one vacancy on the Board,
and the deadline to file an application is July 28`h. An e-mail was received in May from a
student in New Mexico, the e-mail and response will be included in the next packet. City
Council member, Leonard Foster, from Mason City spoke with Horton. Horton discussed
what the Board can and can't do and also had staff send a copy of the PCRB ordinance.
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 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, 4/0, Williams absent. Open session adjourned at 7:31 P.M.
REGULAR
SESSION Returned to open session at 7:38 P.M.
Motion by Stratton, seconded by Barnhill, to summarily dismiss PCRB Complaint #04 -01
according to City code section 8- 8 -3(E) and directing staff to forward the Public Report to
Council and the appropriate correspondence to the complainant and Police Chief.
Motion carried, 4/0, Williams absent.
MEETING SCHEDULE
• August 10, 2004, 7:00 P.M., Lobby Conference Room
• September 14, 2004,7:00 P.M., Lobby Conference Room
• October 12, 2004, 7:00 P.M., Lobby Conference Room
PCRB — Page 3 DRAFT
July 13, 2004
Pugh is tentatively on vacation the week of the August 10'h meeting but can be available
by phone if necessary.
ADJOURNMENT Motion by Barnhill, seconded by Roth, to adjourn. Motion carried, 4/0, Williams absent.
Meeting adjourned at 7:42 P.M.
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ADM 02.1
POLICY AND
OPERATING
PROCEDURES
MANUAL
Date of Issue General Order NumberlSection Code
March 17, 1998 98 -02
Effective Date Section Code
March 20, 1998 ADM -02
Reevaluation Date I Amends / Cancels
July 2007 07/04 89 -03 ADM -02
C.A.L.E.A. Reference
12.1.1 - 12.2.2 61.2.3, 33.4.4 33.5.1 33.7.1
INDEX AS:
Index, General Orders
Manual, Policy & Procedures
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Policy & Procedures Manual
I. PURPOSE
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The purpose of this order is to implement the policy and
procedures manual
&1d to
explain its features, organization, and use. This manual contains all General Orders in a
codified form.
All sworn members are responsible for knowing and carrying out the provisions of all
General Orders.
II. COMPOSITION OF MANUAL
A. Alphabetical Index - An extensive alphabetical cross -index system has been
included to facilitate locating any order or subject in the manual.
B. Numerical Index - The numerical index lists each order in the manual
consecutively according to its number of publication. (Example: 98 -1, 98 -2, etc.)
This will usually be a chronological listing by date of publication.
ADM -02.2
C. Lettered Section Code
General Orders will be placed in the manual by the lettered section code
in order to maintain related orders in close proximity to each other under
major functional topics.
2. A lettered section code abbreviation will appear near the upper right -hand
corner of each General order, indicating the following manual sections:
CODE LETTER
ADM - Administration
OPS -
Operations
SER -
Support Services
INV -
Investigations
LEG -
Legal
PER -
Personnel
TRN -
Training
3. Lettered section code letters will be followed by consecutive numbers to
denote the proper location of the orders within each section. (Example:
ADM -01, ADM -02, ADM -03, etc.)
FORMAT OF GENERAL ORDERS
a
91
General Order Heading Sheet
1. Page One of the General Order heading sheet will identify the orders as
an Iowa City Police Department General Order and
will contain
the
following information:
a) Subject
b) General Order Number
C) Date of Issue
d) Effective Date
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e) Section Code
-
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f) Reevaluation Date
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g) Amends / Cancels
hj C.A.L.E.A.
�i�i
i) Distribution
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Indexing Information
A list of indexing information will appear beneath the General Order
heading under the words, 'Index As ". This list will indicate the varied
means by which the order will be listed in the General Order alphabetical
index.
ADM -02.3
C. Purpose
1. The purpose and provisions of the order will appear below the indexing
information on each General Order.
2. This will give the reader a composite view of the contents of the order and
will aid in quickly locating desired information.
D. Paragraphing
1. Sample format and paragraph numbering information for General Orders
contained on Table A of General Order 83 -2: Subject:: Written
Directives.
IV. EFFECTIVE DATE
The effective date of this order is March 20, 1998.
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R. J.' inkelhake, Chief of Police
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PER -02.1
HARASSMENT AND
SEXUAL
HARASSMENT
Date of Issue General Order Number
JUNE 30, 2000 00 -02
Effective Date Section Code
JULY 4, 2000 1 PER -02
Reevaluation Date Amends/ Cancels
JUNE 2005 07104
C.A.L. E.A. Reference
26.1.3
INDEX AS:
Harassment
Sexual Harassment
Supervisor Responsibilities
I. PURPOSE
Complaint Procedures
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The purpose of this order is to maintain a healthy environment W whictLall
individuals are treated with respect and dignity and to provide proceduresl:lor
reporting, investigating and resolving complaints of harassment and
discrimination. Federal law provides for the protection of classes of persons
based on race, color, sex, religion, age, disability and national origin. This
policy, as well as City Ordinance, also protects persons based on their sexual
orientation.
IL POLICY
It is the policy of the Iowa City Police Department that all employees have the right to
work in an environment free of all forms of harassment by employees, whether sworn,
civilian, or volunteer, as well as non - employees who conduct business with this agency.
This agency considers harassment and discrimination serious misconduct. Therefore,
the Iowa City Police Department shall take direct and immediate action to prevent such
behavior, and to remedy all reported instances of harassment and discrimination. A
violation of this departmental policy can lead to discipline up to and including
termination. Repeated violations of this policy, even if "minor" will result in greater
levels of discipline as appropriate.
PER -02.2
III. DEFINITIONS
Sexual harassment is unwelcome conduct which affects a term or condition of
employment or creates an intimidating, hostile or offensive working environment.
Sexual harassment may take the form of deliberate or repeated unsolicited
verbal comments, questions, representations or physical contacts of either a
sexual or non - sexual nature which are unwelcome to the recipient. Even
harassment that is not of a sexual nature, if sufficiently pervasive and offensive,
is prohibited in the workplace. Sexual harassment may also take the form of
making or threatening to make decisions affecting an employee's job on the
basis of an acceptance or refusal of a request for sexual intimacy. (See also,
City of Iowa City Personnel Policies Manual.)
IV. PROCEDURES
Sexual harassment is a form of misconduct which undermines the integrity of the
employment relationship. Such harassment is prohibited for all employees,
regardless of their status, and includes supervisors, subordinates and co-
workers. No employee, either male or female, should be subjected to such
conduct. Sexual harassment may also be charged between same sex
employees.
Sexual harassment may take the form of verbal or physical conduct that has the
purpose or effect of creating an intimidating, hostile, or offensive working
environment. This type of prohibited activity may take the form of sexually
explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and
lewd gestures or physical conduct, but is not limited to such activity. It may also
include more subtle actions which are directed at an individual.
N
Racial, creed, ethnic, religious, age, sexual orientation, gender idedty, naWnal
origin or disability harassment is also a form of serious employee Aondoct, is
prohibited for all employees, and is subject to disciplinary actio�t up tCand�
including termination. - — I—
PROHIBITED ACTIVITY O
1. No employee shall either explicitly or implicitly ridicule, moq, -deri&g or
belittle any person. , )
2. Employees shall not make offensive or derogatory comments to any
person, either directly or indirectly, based on race, color, sex, religion,
age, disability, sexual orientation or national origin. Such harassment is a
prohibited form of discrimination under state and federal law and is also
considered serious misconduct, subject to disciplinary action, up to and
including dismissal from the Department.
3. Sexual harassment is defined as unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature
when:
a. Submission to such conduct is made either explicitly or implicitly a
term or condition of employment.
PER -02.3
b. Submission to or rejection of such conduct by an employee is used as
the basis for employment decisions affecting the employee: or
c. Such conduct has the purpose or effect of unreasonably interfering
with an employee's work performance or creating an intimidating,
hostile or offensive working environment.
4. Individuals covered under the policy include all persons employed with the
department, whether sworn or civilian. This policy also covers all
volunteers and interns associated with the department.
SUPERVISOR/ EMPLOYEE RESPONSIBILITIES
Each supervisor shall be responsible for preventing acts of harassment. This
responsibility includes but is not limited to:
1. Monitoring the unit work environment on a daily basis for signs that
harassment may be occurring;
2. Counseling all employees on the types of behavior prohibited, and the
departmental procedures for reporting and resolving complaints of
harassment;
3. Stopping any observed acts that may be considered harassment, and taking
appropriate steps to intervene, whether or not the involved employees are
within his /her line of supervision; and
4. Taking immediate action to prevent retaliation towards a complaining party
and to eliminate any hostile work environment, where there has been a
complaint of harassment, pending investigation.
a. If a situation requires separation of the parties, care should be taken to
avoid actions that appear to punish the complainant.
b. Transfer or reassignment of any of the parties involved should be
voluntary if possible and, if non - voluntary, should be temporary
pending the outcome of the investigation.
Each Supervisor has the responsibility to assist any employee of this
department, who comes to that supervisor with a complaint of harassment, in
documenting and filing a complaint with the Chief of Police for investigation.
Each employee of this agency is responsible for assisting in the prevention of
harassment through the following acts:
1. Refraining from participation in, or encouragement of, actions that could be
perceived as harassment;
2. Reporting acts of harassment to a supervisor; and
3. Encouraging any employee who confides that he /she is being harassed or
discriminated against to report these acts to a supervisor.
PER -02.4
Failure of an employee to carry out the above responsibilities may be considered
in any performance evaluation or promotional decision and may be grounds for
discipline.
COMPLAINT PROCEDURES
1. Any employee encountering harassment is encouraged to inform the
harassing person that his /her actions are unwelcome and offensive. The
employee is encouraged to document all incidents of harassment in order to
provide the fullest basis for investigation.
2. Any employee who believes that he /she is being harassed should report the
incident(s) to their supervisor as soon as possible, so steps may be taken to
protect the employee from further harassment, and appropriate investigative
and disciplinary measures may be initiated. Where, in the opinion of the
employee, this is not practical, the employee may instead file a complaint
with another supervisor, the Chief of Police, or persons consistent with the
City of Iowa City Personnel Policies manual. In instances where the Chief
of Police is accused of harassment, the assistant City Manager shall be
notified and will direct the investigation.
a. The supervisor or other person to whom the complaint is given shall
meet with the complaining employee and document the incident(s)
complained of, the person(s) performing or participating in the alleged
harassment, witnesses to the incident(s) and the date(s) on which it
occurred.
b. The employee taking the complaint shall promptly submit a
confidential memorandum documenting the complaint to the Chief of
Police.
3. The internal investigating authority designated by the Chief of Police shall
be responsible for investigating any complaint alleging harassment or
discrimination.
a. The internal investigating authority shall immediately notify the Chief of
Police and the City /County Attorneys office if the complaint contains
evidence of criminal activity, such as assault, sexual assault or
attempted sexual assault.
b. The investigator shall include a determination as to whether other
employees are being harassed by the person, and whether other
agency members participated in or encouraged the harassment.
c. The Chief of Police shall inform all parties involved of the outcome of
the investigation.
d. A file of harassment complaints shall be maintained in the office of the
Chief of Police and the Chief of Police shall compile Ni anr>'I
summary of all harassment complaints. n
e. Findings of the investigation shall be entered into theimefnbR -s
personnel file in accordance with departmental guidelines , interval .
investigations.
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PER -02.5
4. The complaining party's confidentiality will be maintained throughout the
investigative process to the extent practical and appropriate under the
particular circumstances.
5. Complainants or employees accused of harassment may file a
grievance /appeal in accordance with departmental procedures, applicable
state law and union contract when they disagree with the findings of the
investigation or disposition of the harassment claim.
6. This policy does not preclude any employee from filing a complaint or
grievance with an appropriate outside agency.
RETALIATION
1. There shall be no retaliation against any employee for filing a harassment
or discrimination complaint, or for assisting, testifying or participating in the
investigation of such a complaint.
2. Retaliation against any employee for filing a harassment or discrimination
complaint or for assisting in the investigation of such a complaint is illegal
and is prohibited by this department and by federal statutes.
I Retaliation is a form of employee misconduct. Any evidence of retaliation
shall be considered a separate violation of this policy and shall be handled
by the same complaint procedures established for harassment and
discrimination complaints.
4. Monitoring to ensure that retaliation does not occur is the responsibility of
the Chief of Police, supervisors and the internal investigative authority.
R. J. inkelhake, Chie o olice
_71
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August 10, 2004 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #04 -02
Filed: 07/08/04
Chief's Report due: 10/06/04
Chief's Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
July 2004
Date Description
None.
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
DATE: August 6, 2004
TO: PCRB
FROM: Loren Horton, Chair
RE: Proposed changes to the Standard Operating Procedures
The proposed changes to the Standard Operating Procedures and Guidelines
seem to be necessary because as the document stands, not all options are
adequately covered.
The suggested changes have been made with consultation with the City Clerk
and staff.
This draft is for discussion at the August meeting, before the proposed adoption
in September for final recommendation to Council.
DRAFT
Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the PCRB shall review
investigations into complaints of police misconduct to insure that such investigations are
conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve
this by receiving, reviewing and reporting on citizen complaints in accordance with the
procedural rules in Chapter 8 of the City Code, following the Police Citizens Review
Board By -Laws, Article VIII, and the Board's Standard Operating Procedures and
Guidelines.
A. Complaints shall be filed in accordance with 8 -8 -3 C and 8 -8 -7 A of the City
Code of Iowa City.
All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98 -1).
3. The complaint copy sent to Board members shall have all references to
police officer names and other identifying information deleted, although
the reports of the Police Chief and City Manager shall identify the officers
by number as set forth in Section V of these procedures.
4. A copy of the complaint shall be provided to Board members in the next
meeting packet.
5. Amendments to a complaint must be in written form.
6. The complainant may withdraw the complaint at any time prior to the
Board's issuance of its report to City Council.
B. Procedure for complaints subject to summary dismissal
A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled
in the same manner as outlined in subsection "A" of the Complaint
Process.
2. The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter indicating that it appears to be an untimely
complaint or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
meeting.
PCRB SOP 8/04
DRAFT
3. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the PCRB at a public meeting or an interview of
the complainant at a public meeting.
Upon the Board's determination that additional information is not
necessary to determine whether the complaint should be summarily
dismissed or, upon completion of the investigation determined necessary
to make such decision, the Board shall, by motion in open session, vote
to determine whether the complaint will be dismissed under Section 8 -8 -3
(E) of the ordinance. The Board shall not discuss the facts or substance
of the complaint at said open meeting.
5. If the Board dismisses the complaint, staff shall forward the following:
a. Untimely Complaints:
1. A copy of the decision going to the Chief or City Manager shall
include a cover letter stating that the complaint has been
dismissed and that a report to the Board by the Chief or City
Manager is not required by Chapter 8 of the Code.
2. A copy of the decision going to the complainant shall include a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the PCRB, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department that is still available should the
complainant wish to pursue the matter.
3. The decision shall be sent to the City Council indicating the
dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
1. A copy of the decision going to the Chief or City Manager shall
include a cover letter stating that the complaint has been
dismissed and that a report to the Board by the Chief or City
Manager is not required by Chapter 8 of the Code.
2. A copy of the decision going to the complainant shall include a
cover letter stating why the complaint was dismissed.
3. The decision shall be sent to the City Council indicating the
dismissal and referring to the section of the City Code.
PCRB SOP 8/04
DRAFT
6. If the Board determines the complaint shall not be dismissed, it shall so
advise the Police Chief or City Manager so they may continue their
investigation and make their required report to the PCRB.
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The PCRB shall
accomplish this responsibility by complying with 8 -8 -2 H. 8 -8 -4 and 8 -8 -7 of the City
Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
PCRB SOP 8/04
CtARRE.tJ -r
I. Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the PCRB shall review
investigations into complaints of police misconduct to insure that such investigations are
conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve
this by receiving, reviewing and reporting on citizen complaints in accordance with the
procedural rules in Chapter 8 of the City Code, following the Police Citizens Review
Board By -Laws, Article VIII, and the Board's Standard Operating Procedures and
Guidelines.
A. Complaints shall be filed in accordance with 8 -8 -3 C and 8 -8 -7 A of the City
Code of Iowa City.
1. All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint number
consisting of the last two digits of the present year with consecutive numbers, starting
with one (1) (e.g. 98 -1). The complaint copy sent to Board members shall have all
references to police officer names and other identifying information deleted, although
the reports of the Police Chief and City Manager shall identify the officers by number as
set forth in Section V of these procedures.
Procedure for complaints subject to summary dismissal
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be assigned
a number in the ordinary manner as provided in the City Code.
2. A copy of the complaint shall be furnished to the Police Chief or City
Manager, with a cover letter indicating that it appears to be an untimely
complaint or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
regular or special meeting.
3. A copy of the complaint shall be provided to Board members in the next
meeting packet;
4. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the PCRB at a public meeting or an interview of
the complainant at a public meeting.
PCRB SOP 9/00
04xxeA r
5. Upon the Board's determination that additional information is not
necessary to determine whether the complaint should be summarily
dismissed or, upon completion of the investigation determined necessary
to make such decision, the Board shall, by motion in open session, vote
to determine whether the complaint will be dismissed under Section 8 -8 -3
(E) of the ordinance. The Board shall not discuss the facts or substance
of the complaint at said open meeting.
If the Board dismisses the complaint the staff shall forward a copy of the
decision to the Police Chief or the City manager and also to the
complainant.
The copy going to the Chief or City Manager shall state that the
complaint has been dismissed and that a report to the Board by
the Chief or City Manager is not required by Chapter 8 of the
Code. The Board may request that an investigation be done.
b. The copy of the decision sent to the complainant shall include a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the PCRB, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department that is still available should the
complainant wish to pursue the matter.
7. If the Board determines the complaint shall not be dismissed, it shall so
advise the Police Chief or City Manager so they may continue their
investigation and make their required report to the PCRB.
C. Amendments to a complaint must be in written form.
D. The complainant may withdraw the complaint at any time prior to the Board's
issuance of its report to City Council..
Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The PCRB shall
accomplish this responsibility by complying with 8 -8 -2 H. 8 -8 -4 and 8 -8 -7 of the City
Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
PCRB SOP 9/00
Kellie Tuttle
From: Sandy Bauer
Sent: Monday, May 10, 2004 3:23 PM
To: Kellie Tuttle, Marian Karr
Subject: FW: From: martha Dominguez
- - - -- Original Message---- -
From: martha [mailto:marthacd @earthlink.net]
Sent: Monday, May 10, 2004 10:22 AM
To: Sandy- Bauer @iowa- city.org
Subject: From: martha Dominguez
5/10/04
Please, I would appreciate a responce from your city on how your police
Citizens review Board systems works.
I am doing a report in my class here in Albuquerque. Please send me
information.
1
Response to E -mail from Martha Dominguez, New Mexico, 26 May 2004
marthacd@earthlink.net
The Iowa City Police Citizens Review Board was created by ordinance on 15 July 1997.
It consists of 5 members appointed by the City Council. The first appointments were effective
on 1 September 1997. The PCRB meets monthly, and from a variety of venues receives
complaints from the public about conduct of police officers. A complaint is then turned over
by the PCRB to the Chief of Police for investigation. The Chief investigates, submits a report
to the PCRB, which then considers that report. The PCRB may review solely on the basis of
the Chief's report, interview the complainant and witnesses, ask to interview the officer(s)
involved in the complaint, request additional investigation by the Chief of Police, or perform its
own additional investigation. A committee of the PCRB then writes a report in response to the
complaint, and the PCRB report is submitted to the City Council. The Chief of Police's report
may sustain or not sustain the complaint. The PCRB report may sustain or not sustain the
complaint. A copy of the PCRB report is sent to the complainant.
The PCRB keeps a record of complaints, and submits an annual report to the City
Council containing statistics about type of complaints, reports issued, and a list of sustained or
not sustained complaints. The PCRB report on each complaint, and its annual report are public
documents. The PCRB may request that the City Council arrange for public forums, during
which information can be disseminated, and during which members of the public may meet the
members of the PCRB and raise questions and concerns about activities of the PCRB. The
PCRB may not discipline an officer, but may recommend to the Chief of Police that policies and
procedures of the Police Department be reviewed.
During the first years of the existence of the PCRB there were numerous complaints.
During fiscal 2002 -2003 there were 4 complaints, and during fiscal 2003 -2004 there were 13
complaints, 7 of which were from the same family. Your other questions involve specific
actions by specific officers or collective actions by officers. Of course complaints often allege
excessive action by a police officer, but our investigations have rarely found these to be
complaints which we sustain. Regarding racial profiling, there has been considerable effort by
the Police Department to compile data and to investigate this possibility. One of the officers
attended a "Traffic Profiling Seminar" at the Department of Justice Administration, University
of Louisville, and has been in charge of tracking traffic stops in Iowa City as a method of
gathering information. In addition to that, the Police Department sponsored a "Traffic Stop Data
Analysis" conducted by consultants from the University of Louisville, Department of Justice
Administration. Their voluminous report indicated that from April 1 through December 31,
2001 there was no statistical evidence that indicated that racial profiling was a factor in traffic
stops in Iowa City. 1 will add that the complaints during my tenure on the PCRB for the past
4 years have not indicated that racial profiling was a problem in Iowa City, as none of the
complaints filed with the PCRB stated that as the actual complaint.
I hope that this information is of help to you. And I apologize for the delay in response.
I have been out of town and have just returned. Thank you for your interest.
Sincerely, Loren N. Horton, Chairman, Iowa City Police Citizens Review Board.
Kellie Tuttle
From:
Kellie Tuttle
Sent:
Wednesday, May 26, 2004 4:06 PM
To:
'marthacd @earthlink.net'
Subject:
RE: Police Citizens Review Board
C
E -MAIL
Response.doc
The attached is a response from the Chair of the Police Citizens Review
Thank you for your interest.
Board.
- - - -- Original Message---- -
From: Sandy Bauer
Sent: Monday, May 10, 2004 12:20 PM
To: Kellie Tuttle
Subject: FW: Albuquerque, NM
For your followup.
- - - -- Original Message---- -
From: martha [mailto:marthacd @earthlink.net]
Sent: Saturday, May 08, 2004 3:12 PM
To: Sandy - Bauer @iowa - city.org
Subject: Albuquerque, NM
5/8/004
Could you send information on how your Citizens' Police Complaint Office
functions. I am doing a report to show different models that are used to
handle citizens complaints against police officers. Also to find out how
they were developed and how the programs is working according to
citizens, as cases they have brought up.
I would like to know specifically on the areas of , excessive actions by
officers, when it was not really, necessary,
or race profiling, abusive behavior. An some ideas whether your systems
is accepted well in your area.
1
New Des Moines police
must take Spanish course
The Associated Press
DES MOINES — New Des
Moines police recruits will be
requited to take a 19 -week Spanish
course.
"We dont expect officers to
speak fluent Spanish when they
complete the course, but we will
expect them to know a limited
number of phrases, commands
and questions," said officer Vince
Valdez, one of the instructors for
the `,job- specific" classes, now a
graduation requirement at the Des
Moines Police Academy. "We want
them to know some Spanish so
they can do a better job."
The 64th police academy class
began law - enforcement instruc-
tion on Monday. Graduation is
Dec. 10.
The Iowa Law Enforcement
Academy at Johnston, where most
Iowa officers are trained, does not
require Spanish. The Midwest
Counter Drug Maining Center in
Johnston offers a three-day course
in "basic survival Spanish," said
Capt. Chuck Connors of the Iowa
National Guard.
"Basic words can help take
control of a situation," he said
Spanish is Iowa's second lan-
guage, with nearly 80,000 speakers.
Officers say they sometimes .
spend up to a half-hour waiting for
an interpreter to ask and answer
simple questions. Other times, lan.
guages skills could be critical:
"iSuelta la arma!" ( "Drop the
weapon!")
Des Moines police offered vol-
untary lessons to officers 10 years
ago. The classes were not well -
attended, Valdez said "Now we
have acaptive audience, and it's an
expected part of the training."
Invd City * 0 Volume 164, Number 202
Press - Citizen Thursday, July 22, 2004
DEPARTMENT HEADS
Michael Beck
President and publisher
Andrea Rhoades
Advertising director
Amy Sparby
Production director
Daniel W. Brown
Market development director
Susan S. Spilger
Human resources director
Jean Suckow
Circulation director
Jim Lewers
Managing editor
Ia 'te ou- _ cs
rwuuvouay, July Ll, LVV9
Iowa City Press - Citizen
Johnson County
man sues Coralville
Iowa City Hess- Citizen
A Johnson County man is
suing the Coralville Police
Department and the city of
Coralville alleging he sustained
injuries when a police officer
attacked him in a bar in January.
Filed Tuesday in Johnson
County District Court, Dan
Bishop is seeking unspecified
damages to cover medical
expenses, lost wages and pain
and suffering.
Bishop alleges he was in a bar
on Jan. 20 when he was "wrong -
fully injured by an officer of the
Coralville Police Department"
Bishop alleges the officer was
"negligent in failing to properly
assess the situation, failing to act
in accordance to established pro-
cedure, failing to act in the safest
manner for the circumstances,
failing to ensure that innocent
bystanders were not harmed and
failing to properly identify him-
self."
The lawsuit does not specify
what happened, where the
alleged incident took place nor
identify the police officer
involved
Coralville Police Chief Barry
Bedford said he was advised not
to comment on the lawsuit by the
departments insurance compa-
ny The service call log for Jan. 20
does not show any interaction
with Bishop. However, officers
did have contact with him Nov
30 at the American Legion Walter
Johnson Post No. 721, 901
Second St.
"It was a bar fight;" Bedford
said "Officers responded and Mr.
Bishop did end up going to the
hospital that night"
Bedford said Bishop was
not arrested for the bar fight.
He declined to say whether
Bishop was taken to
University Hospitals for
injuries sustained in the fight
or from police officers.
"I think there's a point of con-
tention there," Bedford said
Bishop's Lawyer, AJ. Thomas
of Anamosa, was out of the office
Tuesday and could not be
reached for conmient
Thursday, July 15, 2004
Iowa City Press- Citizen
Man sues officer
for excessive force
Iowa City Pirss- Citizen
A Missouri man is suing an
Iowa City police officer for
allegedly using excessive force
when arresting him in November
2002.
Filed Wednesday in Johnson
County District Court, Robert E.
Rohrback, 22, of Mirksville, Mo.,
is seeking unspecified damages
from officer Jorey Bailey and the
city of Iowa City.
According to the lawsuit: On
Nov. 10, 2002, Bailey approached
a group of males, including
Rohrback, and sprayed them
with pepper spray without warn-
ing. Bailey then used several
types of physical force against
Rohrback causing injuries. The
lawsuit does not specify the
number or extent of the injuries.
"Bailey battered Robert E.
Rohrback in that Bailey repeat -
edly used physical force to inflict
blows upon Robert E.
Rohrbacks body" the lawsuit
states. "Such acts were done
with the purpose and intent to
cause physical pain and injury."
Rohrback was arrested for
public intoxication, obstruction
of officers and disorderly con-
duct, but was found not guilty on
all charges at a bench trial in
October 2003, online court
records show.
Rohrback is seeking damages
to pay for medical expenses as
well as miscellaneous damages
as a result of the injuries.
Iowa City Attorney Eleanor
Dilkes said she had not read the
lawsuit and could not comment
In 2002, there were 233
reported incidents where force
was used by Iowa City police. In
2003, there were 233.
wl Branch
7 man sues two
officers after
May arrest
Iowa City Iirss- Citizen
OA West Branch rum is suing
two West Branch police officers
alleging he was injured during an
arrest in May.
Ted Graves is seeking unspec-
ified damages from the city of
West Branch and police officers
Jonathan Kolosik and Lawrence
Todd. Todd is a reserve officer
with the West Branch Police
Department
According to the lawsuit,
Graves was "forcibly handcuffed
and arrested" May 27 by Kolosik
and Todd Both officers "shuck,
forced to the ground and injured"
Graves.
The lawsuit states that the
arrest occurred without probable
cause and the officers subse-
quently released Todd without fil-
ingGrave's lawyer, regg
Geerdes, of: Iowa ..City, declined
to say why the lawsuit was filed
in Johnson. County. when the
alleged incident took place in
Cedar County.
West Branch City Attorney
Bruce Goddard did not return a
phone message seekingcomment
PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY
COUNCIL
Re: Investigation of Qomplai t PCR f#04 -01
Complaint PCRB #04 -01, filed July 7, 2004, was summarily dismissed as
required by the city Code, Section 8 -8 -3 E, requiring that only those complaints
which do not involve the conduct of an Iowa City sworn police officer may be
subject to summary dismissal by the board.
DATED: July 13, 2004
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