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Home My WebLink About01-11-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD January 11, 2005 - 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 12/09/04 · ICPD Use of Force Report- November 2004 · ICPD Quarterly/Summary Report- IAIR/PCRB, 2004 · ICPD Department Memo 04-57 ITEM NO. 3 OLD BUSINESS · Report of meeting with Chief Winkelhake ITEM NO. 4 NEW BUSINESS · Citizen's Police Academy Enrollment · Policy/Procedure for extension requests 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, 2005, 7:00 P.M., Lobby Conference Room · March 9, 2005, 7:00 P.M., Lobby Conference Room · April 13, 2005, 7:00 P.M., Lobby Conference Room · May 11, 2005, 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 7, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on January 11, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: · Minutes of the meeting on 12/09/04 · ICPD Use of Force Report- November 2004 · ICPD Quarterly/Summary Report- IAIR/PCRB, 2004 · ICPD Department Memo 04-57 · PCRB Complaint Deadlines · PCRB Office Contacts- December 2004 · News Release: Citizen's Police Academy Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLF: provides information regarding civilian oversight in law enforcement nation wide. For more information see: www. NACOLE.or.q DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - December 14, 2004 CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Candy Bamhill, Beth Engel, Loren Horton, Greg Roth and Roger Williams MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh (7:05) and Staff Kellie Tuttle OTHERS PRESENT: Captain Tom Widmer from the ICPD. CONSENT CALENDAR Motion by Engel, seconded by Williams, to adopt the consent calendar. · Minutes of the meeting on 10/19/04 · ICPD General Order #91-07 (Investigative Case Screening Process) · ICPD General Order #95-04 (Administration of Department Training) · ICPD General Order #99-01 (Police Vehicle Pursuits) · 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 General Order #00-08 (Weapons) · ICPD General Order #01-06 (Juvenile Procedures) · ICPD Standard Operating Guideline #01-21 (Unusual Occurrences) · ICPD Standard Operating Guideline #01-22 (Special Assignments/Training) · ICPD Standard Operating Guideline #03-03 (Traffic Control, Vehicle Crahses) · ICPD Use of Force Report- October 2004 Motion carried, 4/0, Barnhill abstaining. NEW BUSINESS Iowa City Charter Opinions - Public meeting was on December 1st, no one from the Board attended the meeting and did not have any input they wanted to submit to the Charter Review Commission. Comments for the Commission on Accreditation for Law Enforcement Agencies - Public meeting was on December 6th. Barnhill attended the meeting representing the CPA (Citizens Police Academy) and the CPAAA (Citizens Police Academy Alumni Association). She said that the organizations spoke very favorably of the CPA and the CPAAA and the support they receive from the Police Department and the Johnson County Law Enforcement Agencies. Standard Operatinq Procedures and Guidelines - Members of the City Council called Horton and pointed out that the SOP's refer to Iowa City Sworn Police Officers and they wanted a definition of it. Widmer stated that a sworn police officer is one who takes the oath of office and is sworn in by the City Clerk. Community Service officers do not take the oath. The Council members had concern that other employees in the department have contact with the public, and what happens if someone has a complaint against an employee who is not a sworn officer. Could they bring the complaint to the Board? Pugh stated that they could certainly make a complaint to the Police Department, but not to the Board. It is not within the Board's jurisdiction, which is established in the City Code. Williams inquired about the folks who direct traffic during University sporting events and what jurisdiction they fall under. Widmer stated that the police department does very little traffic direction. The University contracts most of that out. Per Mar and Two Star are the two main companies. On occasion they do have Community Service officers do traffic control, but no sworn police officers. PCRB - Page 2 D1L/IFT December 14, 2004 OLD BUSINESS None. CONSIDERA MOTION GRANTING THE POLICE CHIEF AN ADDITIONAL EXTENSION FOR THE REPORT ON PCRB COMPLAINT #04-02 UNTIL JANUARY 7, 2005. Motion by Barnhill, seconded by Roth, to defer Item No 5 to discuss in executive session. Motion carried, 5/0. PUBLIC DISCUSSION Widmer reported the Accreditation Review went very well. Two of the inspectors are taking ideas, community surveys and training newsletters, that the police department currently uses back to their own departments. The Accreditation Board assured the Police Department that there should be no reason why they wouldn't be re-certified. The re-accreditation process occurs every three years. BOARD INFORMATION None. STAFF INFORMATION Pugh noted to the Board that she has had a change in employment status. She will no longer be associated with her former firm Stein, Moreland, Moore, & Egerton. She will be working out of her home and the change does not affect her service to the Board. EXECUTIVE SESSION Motion by Barnhill, seconded by Williams, 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, 5/0. Open session adjourned at 7:20 p.m. REGULAR SESSION Returned to open session at 7:24 p.m. During executive session legal counsel directed the Board that the item was an open session item and that they needed to adjourn executive session and return to open session. The Board came out of executive session and the Chair paraphrased what had been discussed. Horton stated that the item for discussion is the Chief of Police's request for a second extension of deadline for a report on PCRB Complaint #04-02. There were concerns expressed by members of the Board about the reasons for the extension PCRB - Page 3 DRAFT December 14, 2004 request. Barnhill was concerned that the report had been deferred twice and each time the Chief had requested the extension after the due date. It's been more than six months since the complaint was filed. According to policy and procedures, an extension may be granted for good cause shown. From the Chief's most recent request, Barnhill doesn't feel as though any cause was shown at all. Barnhill would like more information and would also like to address the policy and procedure as to when the Chief requests an extension, and who approves it if there is no PCRB meeting. Horton also shares this concern, had contacted Captain Widmer, and was informed that the reason for the request was that the Chief wanted more time for the investigators to interview all of the witnesses and officers again. The interview process had been completed when Horton called, but the report had not been through the City Attorney's office to be reviewed. Horton was also concerned whether or not the police department is in contact with the complainant and has informed the complainant of the extension requests or whether the Board should be doing that. The Complainant should be contacted by one or the other about the delay. Motion by Williams, seconded by Engel to grant 2°d extension to Police Chief until January 7, 2005 for PCRB Complaint #04-02. The Board agreed to have Horton meet with the Chief and express the concerns of the Board. Motion carried, 3/2, Barnhill and Roth voting no. Motion by Barnhill, seconded by Roth to place an item on the next agenda to discuss policy/procedure for extension requests. Motion carried, 5/0. MEETING SCHEDULE · January 11,2005, 7:00 p.m., Lobby Conference Room · February 8, 2005, 7:00 p.m., Lobby Conference Room · March 8, 2005, 7:00 p.m., Lobby Conference Room · April 12, 2005, 7:00 p.m., Lobby Conference Room Engel will not be able to attend the January 11th meeting. ADJOURNMENT Motion by Barnhill, seconded by Williams, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:53 p.m. IOWA CITY POLICE DEPARTMENT ; USE OF FORCE REPORT ~ ~'';~-? November 2004 -- OFFICER DATE INC # INCIDENT FORCE USED_'~ ,. :r~'~-_. '].~']i 59 11/01/01 04-60769 Trespass Of~cers responded ;~?~por~ a subject ~espassing ~n apar~nt. Subject resisted Og~rs whe~ey attempted to escort him out. Officers had to physically escort the subject out o~the apar~ent. Subject later assaulted O~cers and was exposed to OC. 19 11/6/041 04-61810 Disturbance Subject had been placed under arrest with handcufl~ and reused to get into a squad car. O~5cer used hands on technique to direct subject into car. 56,8S 11/6/04 0~-61834 Domestic Assault Officers responded to a report o~a subject a~ed with a ~ife and ~king t~eats. Subject was placed under arrest and resisted cu~ng. Subject was directed to the ground ~or controlled cuffing. 21 11/7/04 04-62043 Injured Ani~l Officer used sidearm to dispatch an injured deer that was stuck by a vehicle. 37 11/11/04 04-62689 Injured Animal Officer used sidea~ to dispatch an injured deer that was st~ck by a vehicle. 31 11/15/04 04-63365 Injured Animal Officer used sidearm to dispatch an injured deer that was stuck by a vehicle. 15 11/15/04 04-63511 Injured Animal O~Scer used sidearm to dispatch an injured deer that was struck by a vehicle. OS 11/16/04 04-63669 Inj~ed Animal O~cer used sidea~ to dispatch an injured deer that was st~ck by a vehicle. 36 11/17/04 04-63691 Public Intoxication Subject was trying to start an altercation with another. Officer advised subject to move along. Subject began an attempt to assault the O~ficer and was exposed to che~cal agent. OFFICER DATE INC # INCIDENT FORCE USED 55 11/18/04 04-63885 Narcotics Arrest Officer drew sidearm during the arrest of a subject ~vith a weapons history. The officer reholstered his weapon after the subject was arrested without incident. 47 11/18/04 04-63956 Injured Animal Officer used sidearm to dispatch an injured deer that was struck by a vehicle. 54 11/20/04 04-64327 Interference Subject interfered during the arrest of another. Subject ~vas told to leave by Officers and refused. Subject ~vas arrested and handcuffed. Subject then attempted to assault Officers and was directed to the ground. 19 11/20/04 04-64355 Intoxicated Subject Subject was placed under arrest and refused Officers handcuffing efforts. Subject was directed to the ground for controlled cuffing. 90 11/20/04 04-64355 Interference Subject interfered during the arrest of another. Subject was told to leave by Officers and refused. Subject was arrested and resisted Officers handcuffing efforts. Officer used a hands control technique to place the subject's hands behind his back to handcuff him. 19 11/21/04 04-64632 Intoxicated Subject Subject was placed under arrest and refused Officers handcuffing eflbrts. Subject was directed to the ground for controlled cuffing. 37 11/21/04 04-64717 Injured Animal Officer used sidearm to dispatch an injured deer that was stmck by a vehicle. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library MEMORANDUM TO: Chief VVinkelhake FROM: Captain Johnson, Field Operations y RE: QuarterlylSummarv Report (Quarter 4)- IAIR/PCRB, 2004 DATE: January 3, 2005 Attached you will find the 2004 Quarterly Report, quarter 4, for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Year: 2004 IAIR/PCRB Quarterly-Summary Report Quarter 4 (October-December, 2004) I.A.I. #:04-O1 PCRB #: Incident Date:06-21-04 Incident Time:2:05PM Location: 900 blk. Hwy 6 E Date Assigned:06-23-04 Reason for Allegation: 1) Unlawful arrest 2) Improper conduct Disposition: 1) Exonerated 2) Unfounded I.A.I. #:04-02 PCRB #: 04-01 Incident Date:06-23-04 Incident Time: 2:10AM Location: 10 blk S. Linn Date Assigned: N/A Reason for Allegation: 1 ) Improper conduct/demeanor Disposition: Did not involve Iowa City Police personnel; referred to other agency I.a.I. #:04-03 I PCRB #: 04-02 Incident Date:07-07-04 t Incident Time: 7PM ~,~:"~ ~ .... Location: 700 1't Avenue Date Assigned: 07-09-04 Reason for Allegation: 1) Improper use of force~-.' 2) Fail to notify of reason for arrest Disposition: Pending I,A,I, #:04-04 PCRB #: 04-03 Incident Date:10-30-04 Incident Time: 7:45PM Location: 1900 blk. Broadway Date Assigned: 11-16-04 Reason for Allegation: 1) Excessive use of force Disposition: Pending I.A.I, #:04-05 PCRB #: Incident Date:l 1-24-04 Incident Time: 4:30PM Location: 2800 blk. Commerce Dr. Date Assigned: 12-02-04 Reason for Allegation: 1) Improper exercise of police authority Disposition: Pending DEPARTMENT MEMO 04-57 TO: Chief RJ Winkelhake Captain Matt Johnson FROM: Captain Widmer REF: Sep/Oct Use of Force Review DATE: December 14, 2004 The bi-monthly "Use of Force Review Committee met on December 14, 2004. It was composed of the following personnel; Captain Widmer Sgt. Lord Sgt. Krei Sgt. Hart The review of the submitted reports for September (16 incidents-20 reports) and October (16 incidents-17 reports) revealed no policy or training concerns. Of the 32 incidents, 6 (19%) were for destruction of an animal. Three reports were return for reason of needing to clarify a documented injury. When officers note an injury, either to the suspect or the officer, briefly report in the narrative what the injury is and how it was sustained. This applies even when the injury was not caused by the use of force. Supervisors need to be looking for this before signing off as it has been an issue before. It again was noted that some reports continue to miss the documentation of the decontamination at U of I Hospital when OC is utilized. Overall, the Use of Force Reports continue to be done well. Reports with issues are being returned to respective Watch Commanders for correction. See me if you have any questions. Copy: City Manager, PCRB, Watch Commanders January 11, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #04-02 Filed: 07/08/04 Chief's Report due: 10/06/04 Extension Request: 12/06/04 Add'l Ext Request: 01/07/05 Chief's Report filed: 01/07/05 PCRB Report due: 02/21/05 PCRB Complaint #04-03 Filed: 11/08/04 Chief's Report due: 02/07/05 Chief's Report filed: PCRB Report due: POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS December 2004 Date Description None ICGov. Org Email Release Page 1 of 1 Marian Karr From: web@icgov.org Sent: Wednesday, January 05, 2005 1:41 PM To: marian-karr@iowa-city.org Subject: ICGov.org Media Release: Police & Fire News from The City of Iowa City Title .' SPACES AVAILABLE FOP, CITIZEN'S POLICE Release Date: Wednesday, January 05, 2005 Release Time: 1:37:00 PH Originating Department .' Police Contact Person: Sgt. Hike Lord Contact Number: 319-356-5286 Spaces are still available in the next Citizen's Police Academy beginning in 3anuary 2005. If you, or anyone you know, has an interest in police work and the relationship between law enforcement and the community it serves, this is the thing for you. The CPA is sponsored jointly by the Iowa City Police Dept., Coralville Police Dept., U of I Dept. of Public Safety and the 3ohnson County Sheriff's Department. Classes start Thursday 3anuary 20, 2005 and meet once a week for 13 weeks from 6:30-9:30 PH at the Iowa City Water Treatment Facility. Topics include department tours and ride-alongs, drug investigation, evidence collection, defensive tactics and many other areas of enforcement. Applications will be accepted until 3anuary 14, 2005, however interested persons are encouraged to return their applications as soon as possible. For more information, contact: Sgt. Hike Lord - Iowa City Police Dept. 356-5286 Officer Heleah Droll - Coralville Police Dept. 248-1800 Lt. Steve Hayslett - 3ohnson County Sheriff's Dept. 356-6020 Officer Brad Allison - University of Iowa Department of Public Safety 335-5043 To subscribe and unsubscribe from ICGov email releases click here: http ://www. icg ov. o rg/su bscri be. asp Click here to go to the City .lobspage Do not reply directly to this e-mail. Tt is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using the form at: http ://www. icgov,org/servicecenter~feed back.asp. For technical questions, please contact us by using the form at: http://www.ic~qov,org/servicecenter/webmaster.asp. 1/5/2005