HomeMy WebLinkAbout06-12-2006 Police Citizens Review Board
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AGENDA
POLICE CITIZENS REVIEW BOARD
June 12,2006 - 5:30 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
CALL TO ORDER and ROLL CALL
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
. Minutes of the meeting on 05/09/06
. ICPD Use of Force Report - April 2006
OLD BUSINESS
NEW BUSINESS
. Draft of PCRB 05-06 Annual Report
PUBLIC DISCUSSION
BOARD INFORMATION
STAFF INFORMATION
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.
MEETING SCHEDULE and FUTURE AGENDAS
. July 11,2006,7:00 P.M., Lobby Conference Room
. August 8,2006,7:00 P.M., Lobby Conference Room
. September 12, 2006, 7:00 P.M., Lobby Conference Room
. October 10, 2006, 7:00 P.M., Lobby Conference Room
ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
TO:
FROM:
RE:
June 6, 2006
PCRB Members
Kellie Tuttle
Board Packet for meeting on June 12, 2006
Enclosed please find the following documents for your review and comment at the next board
meeting:
. Agenda for 06/12/06
. Minutes of the meeting on 05/09/06
. ICPD Use of Force Report - April 2006
. PCRB Complaint Deadlines
. PCRB Office Contacts - May 2006
. Draft of PCRB 05-06 Annual Report
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.orq
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - May 9, 2006
CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:03 p.m.
MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Capt. Torn Widmer of the ICPD and Public, John Kirby
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR
Motion by Horton and seconded by Engel to adopt the consent calendar as
presented or amended.
. Minutes of the rneeting on 03/21/06
. ICPD General Order #98-01 (Written Directive System)
. ICPD General Order #99-03 (Prisoner Transport)
. ICPD General Order #99-05 (Use of Force)
. ICPD Use of Force Report - February 2006
. ICPD Use of Force Report - March 2006
. ICPD Departrnent Memo 06-14
. ICPD Quarterly/Surnrnary Report (Quarter 1) - IAIR/PCRB, 2006
Motion carried, 5/0.
OLD BUSINESS
NEW BUSINESS
None.
None.
PUBLIC
DISCUSSION
Kirby inquired about handouts and the consent calendar. Kirby was also
interested in all of his options for filing a complaint and what the guidelines were
to be able to file a complaint.
At this time (7:10pm) a tornado warning was announced and the commission went to the designated tornado
safe area for shelter. The meeting reconvened (7:32pm) with Barnhill absent.
Kirby had several rnore questions regarding process and alleged allegations.
Pugh and Roth explained to Kirby that in order for the Board to look in to his
complaint, a complaint form would need to be filled out and returned to the City
Clerk's office Kirby was supplied with a complaint forrn and a copy of Title 8,
Chapter 8 of the City Code.
PCRB
May 9, 2006
Page 2
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
REGULAR
SESSION
None.
None.
Motion by Engel and seconded by Larson 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, Barnhill absent. Open session adjourned at 7:43 P.M.
Returned to open session at 7:52 P.M.
Motion by Horton and seconded by Engel to set the level of review for PCRB
Complaint #06-01 to 8-8-7 (B)(1 )(a), on the record with no additional
investigation. Motion carried, 4/0, Barnhill absent.
Motion by Horton and seconded by Larson to request a 30 day extension for
PCRB Complaint #06-01 due to timelines and scheduling. Motion carried, 4/0,
Barnhill absent.
MEETING SCHEDULE
. June 13, 2006, 7:00 P.M., Lobby Conference Room
. July 11,2006,7:00 P.M., Lobby Conference Room
. August 8,2006,7:00 P.M., Lobby Conference Room
. September 12, 2006, 7:00 P.M., Lobby Conference Room
Larson will possibly be gone for the June meeting.
ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 4/0,
Barnhill absent. Meeting adjourned at 7:55 P.M.
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
April 2006
DATE
040206
040206
040306
040406
040606
040706
041006
:-l__
INC#
INCIDENT
15324
Domestic
15361
Suicidal Subject
15474
Armed SubjcC'
15678
Injured Animal
16067
OWl
16098
Fight in Progre.;s
16743
Medical Assist
FORCE USED
Subject fled from Officers during a
domestic assault investigation. Officers
used control techniques to apprehend
the subject and place them in
handculTc;.
Officers dIT\\" sidearms \vbile taking a
subject into clIstody \vl1o had attempted
to hurt themselves with a knife.
Subject was taken into cllstody \vithoul
incident.
orllcers drew sidearms when
confronting a subject y.,'ho had assaulted
another \\'ilb a knife. Subject was taken
into clIstody \vithout incidC11l.
Officer lIsed sidearm 10 dispatch an
injured deer.
Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place the subject in handcuffs. Subject
then refused to \valk or take a seat in a
squad car. Officers used control
techniques while escorting thc subject.
Subject Vias involved in a verbal
confrontation with another. Officers
used control techniques to escort
subject away from the incident.
Subject \\'as placed under arrest after
assaulting a Police Officer. Subject
resisted handcuffing ctforts. Officers
used control techniques to place the
subject in handcuffs.
KI 041106 16961 Fight in Progrc~s Subject \vas interfering with an
investigation and \vas told to step away.
SubJect refused. Officers used control
techniques 10 escort the subject a\vay.
Subject was then placed under arrest
and resisted handcuffing efforts.
Officers used control techniques to
place the subject in handcuffs.
19 041106 17129 Disturbance Subject had been placed under anTSl
and resisted handcurring efforts.
Officers used control techniques to
place the subject in handcuffs.
60 041206 17170 Public Intox Subject tled from Police during all
investigation. Officers llsed control
techniques to apprehend the subject and
place them in handcuffs.
46 041406 17732 Then Subject had been placed under arrest
and hanclcuffcd. Subject then
attempted to flee. Officers used control
techniques to prevent the attempt.
5K 041506 InK7 Disturbance Subject assaulted a Police Officer.
Officer used control techniques to place
the subject in handcuffs for an arrest.
46 041606 1R058 Injured anima: Officer used sidearm to dispatch an
injured groundhog.
]8,58 042006 18743 Domestic Omecrs drew sidearms \vhen the:y
observed a subject pointing a firearm at
another. Subject was taken into
custody without incident.
8425 042106 1K970 Criminal Mischief Subject was placed under arrest and
resisted handcuffing efforts Vo/hile also
attempting to assault Otticers. Officers
used control techniques and a chemicJl
irritant to place the subject in
handcuffs.
16 042206 19221 Fight in Progress Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques and J
chemical irritant to place the subject in
handcuffs.
35 042306 19559 Public Intox Subject attempted to enter a squad car
where a subject who had been placed
under arrest was seated. Officers Llsed
control tcclmiques to escort the subject
a\vay from the squad car.
15 042306 19559 Trespass Subject attempted to flee after being
stopped for an investigation. Officers
used control techniques to prevent this
and place the subject in handculls.
85,59,22 042406 19707 Trespass Subject \vas placed under arrest and
resisted handcuffing efforts. Officers
used control teclmiques to place the
subject in handcuffs.
85 042506 19920 Search Warrant Officers drew' sidearms and long
\veapons to secure a residence so that a
search warrant could be served.
Subjects in the residence were taken
into custody \vithout incident.
8U8,n03 042706 20140 Intox Subject was placed under arrest and
resisted handcuffing efforls and
attempted to assault efforts. Officers
used control techniques and a chemical
irritant to place the subject in
handcuffs.
13.48.19,32 042706 20262 Fight in Progre~s Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
58 043006 20683 Public Intox Subjecl was placed under arrest and
resisted handcuffing etlorts. Otllcers
used control tedll1iques to place the
subject in handcuffs.
,
June 12, 2006 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #06-01
Filed:
Chief's Report due (90days)
Chief's Report filed:
PCRB Report due (45days):
30-Day Extension Request:
PCRB Complaint #06-02
Filed:
Chief's Report due (90days):
30-Day Extension Request:
Chief's Report filed:
PCRB Report due (45days):
02/03/06
05/04/06
04/28/06
06/12/06
07/12/06
03/02/06
05/31/06
06/30/06
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
May 2006
Date
Description
None.
DRAFT #1
POLICE CITIZENS REVIEW BOARD
in "iD9l) ordinance Hie Iowa City Police Citizens Review Board
consists of five fnnmbers the City Council. The PCRB has its OV'ifJ
PH:: Board Wt'.'S to ,3ssure that investigations Into claims of rnisccnduct ;J(o;;
in a manner that IS farr, thorough, and accurate, and to assist the Police Clliel, tile City
and the City Council In cvaluating the overail pe'fofmance 01 tile Police
PolIce inveshgatlons into com f'he Board is also 10
and to provide an ;jnnuf:ii forth the number::;
of police rTlisconducL I may
fmums and/cr designed tc encOl
and at)out police procE dures, and
the Board ccmplles with Chapter 8 of the Iowa City Code and lhe amj
Oper;:itinQ Procedures and Guidelines,
AND ACCOMPLISHMENTS FOR FISCAL YEAR 2006
The PCRB
Dunng
business
holds rnonthly
the Board
Tuesday and
Three meeting 3 were
as nc.;cessary
due to !ack of board
ICPD Policies/Procedures/Practices Reviewed By PCRB
The iCPD regularly provides tile Board With monthly Use of Force Reports, Internal InvestigaLon
Logs, Demographic Reports various Training Bulietins Tile Department aiso previded various
General Orders far the Boards review and comment A senior member cf the Police Department
attends tile open et the PCRB meetings, Cilld is available tor any questions Board
members rlave rC9ardinn tnese reports.
PreSt:ntalions
None
Board Members
Roger Williams term ended in September and Michael LarsCiu was tor a tour-year term tu
October ofticers were nominated With Greg Roth as Chal! and Candy Barnhill as Vice Cilarr.
COMPLAINTS
Number and Type of Allegations
Four complaints (05-03, 05-04, 06-01, 06,.02) were filed during the fiscal July 1, 2005 ~ June
2006. Four public reports were completed during this fiscai )eriod (05-02, 05-03, 05-04, 06-01) The:
four completed public reports Involved 6 allegations,
Allegations
AggreSSiveness and Improper Language
PCRB Annual Report FY 2006 - (Approved ??) - 2
1. Improper Conduct
2. Differential TreahTlont
1 Failure to properly
2 Usin~l a
a complaint.
tone when speaking to complainant
,.
Amendment Right
Level of Review
fhe Board docidl"d, by slmplo malorily vole, the levol of reView to
more Df the SiX levels specified In trle City Code per complain i'
eaoh report.
one or
a
Level b
Level c
Level d
On tile record with fiO addifional investigafion
Interview or meet with compiainant
Interview or meet With named officer
Request additional Investigation by Chief or
City Manager, or request police assistance
In the Board's own investigation
Board pertorms Its own additional Invesligatlor
Hire independent investigators
4
o
o
n
U
Levele
Level f
o
()
The Po!lce Department investigates complaints 01 misconduct The
summanzes the results of these investigations and indlcales in a (the Chiefs Report) to l!lle
PCRS whether allegations dre sustained or not sustained. (I complaints are made the Cilii;t,
the City Manager eonduets the investigation and prepares and submits the reports.) The
reviews both the citizen's Complaint and the Chiefs Repr,rt and decides whether ltle
srlould he sustained or not sustained The Board prepares a report which is submlttod to the
Council
Of the 6 allegations listed in trie tour complaints tor which the Board reported, none v\'ere sust;:]ined
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in two of the reports:
<;;omplrjl]1t #O~-03
The Police Citizens ReView Board considered ICPD Generai Order Number "Oft Duty Conduct
Powers ot Arrest"; ICPD General Order Number 99-07, "Traffic"; and ICPD General Order 01-0t "RaCial
Proliling" in corning to its conclusions
?
Name-Ctearing Hearings
The ordinance requires that the Board not issue a report cnt cal ollhe conduct of a sworn oliicer
after a name-clearing hearing has been held During this fiscal period, the Board did net sohedulc any
name-clearing heanngs.
PCRB Annual Report FY 2006 - (Approved ??) - 3
Mediation
Officers and compialnants are notified by mail that formal mE'diation IS available to them at any
in the compialnt process befere ttie Board adopts its public repori. All parlies Involved must cerlsent to
a request for mediation No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. Complaints were filed against three
officers in the four complaints this report covers.
ICPD Intemallnvestigations
The Board reviewed the quarterly ICPD Intemallnvestigation3
provided by IhE? Chief of Pelice.
COMPLAINT DEMOGRAPHICS
The following IS demographic Information from the four complaints that were fiied in this flscai year
Because complaInants provicle this voluntarily, the clemograp lie information is incomplete
Category/Number of Complainants
~
Over 21 3
Unknown 1
National Oriqin:
US
Unknown
1
3
African American
Unknown
1
3
Heterosexual 1
Unknown :3
Male
Unknown
2
2
Male
Unknown
1
:3
Marital Status:
Singie 0
Marrieo
Unknown :3
Reliqion:
Unknown
4
Mental Disability:
Unknown
4
Physical Disabilitv:
Unknown 4
BOARD MEMBERS
i_oren Horton
Greg Rolh Chair
Roger \/Villianls/Michaei Larson
Cancly Barnhill, Vice Chair
Beth Engel