HomeMy WebLinkAbout12-05-2006 Police Citizens Review Board
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AGENDA
POLICE CITIZENS REVIEW BOARD
December 5, 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 11/14/06
. ICPD Use of Force Report - October 2006
. ICPD Department Memo 06-63
OLD BUSINESS
. City Code Section 8-8-6(E) / Policy & Procedure for extension requests
NEW BUSINESS
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)
poiice 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 beiieve 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
. January 9,2007,5:30 P.M., Lobby Conference Room
. February 13, 2007, 5:30 P.M., Lobby Conference Room
. March 13,2007,5:30 P.M., Lobby Conference Room
. April 10, 2007, 5:30 P.M., Lobby Conference Room
ADJOURNMENT
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MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
TO:
FROM:
RE:
December 1, 2006
PCRB Members
Kellie Tuttle
Board Packet for meeting on December 5, 2006
Enclosed please find the following documents for your review and comment at the next board
meeting:
. Agenda for 12/05/06
. Minutes of the meeting on 11/14/06
. ICPD Use of Force Report (October 2006)
. ICPD Department Memo 06-63
. PCRB Complaint Deadlines
. PCRB Office Contacts - November 2006
. Letter to Council regarding PCRB extension request
. E-mail regarding terminology in the ICPD Use of Force reports
. Updated member contact 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.orQ
. ..'.. _._____.~____.._._m_____...._.___.._______,~._.__._.____....____________.____..___._.....__._.___..
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - November 14, 2006
Vice-Chair Candy Barnhill called the meeting to order at 5:38 p.m.
CALL TO ORDER:
MEMBERS PRESENT:
Elizabeth Engel, Loren Horton, Michael Larson (5:40)
MEMBERS ABSENT:
Greg Roth
STAFF PRESENT:
Legal Counsel Catherine Pugh and Staff Kellie Tuttle
STAFF ABSENT:
None
Capt. Tom Widmer of the ICPD, and Alison Bream - UI Journalism Student
OTHERS PRESENT:
RECOMMENDATIONS TO COUNCIL
None.
CONSIDER A MOTION TO ELECT A TEMPORARY CHAIR - Deleted, not needed.
REPORT FROM NOMINATING COMMITTEE
Roth and Larson were appointed to the nominating committee at the September 12th
meeting. Larson reported that committee had met and would like to nominate Elizabeth
Engel for Vice-Chair and no nomination had been made for Chair.
CONSIDER MOTION TO FIX METHOD OF VOTING
Motion by Horton, seconded by Larson to prescribe the method of voting by a voice vote
and use majority vote for the basis for decision. Motion carried, 4fO. Roth absent.
Motion by Engel, seconded by Barnhill that nominations are made from the floor. Motion
carried, 4fO, Roth absent.
NOMINATIONS FOR OFFICE OF CHAIRPERSON
Motion by Engel, seconded by Horton to nominate Michael Larson as Chairperson.
Motion carried, 4fO, Roth absent.
Motion by Horton, seconded by Larson to close nominations.
Motion carried, 4fO, Roth absent.
NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON
Motion by Horton, seconded by Barnhill to nominate Elizabeth Engel as Vice-
Chairperson.
Motion carried, 4fO, Roth absent.
Motion by Horton, seconded by Barnhill to close nominations.
Motion carried, 4fO, Roth absent.
PCRB
November 14, 2006
Page 2
CONSENT
CALENDAR
Motion by Horton and seconded by Barnhill to adopt the consent calendar as presented
or amended.
. Minutes of the meeting on 09/12/06
. ICPD General Order 89-02 (Department Disciplinary Philosophy)
. ICPD General Order 99-01 (Police Vehicle Pursuits)
(No chanoe, updated reevaluation date)
. ICPD General Order 99-08 (In Car Recording Devices)
. 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 00-06 (Special Purpose Vehicles)
. ICPD General Order 00-08 (Weapons)
. ICPD General Order 02-01 (Temporary/Light Duty)
. ICPD SOG 01-16 (Records Maintenance/Security)
. ICPD SOG 01-19 (Computer Seizure Procedures)
. ICPD SOG 01-22 (Special AssignmentslTraining)
. ICPD Department Memo 06-50 (July-August Use of Force Review)
. ICPD Memorandum Quarterly/Summary Report (Quarter 3) -IAIRlPCRB, 2006
. ICPD Use of Force Report (August 2006)
. ICPD Use of Force Report (September 2006)
Larson asked Captain Widmer if he had a chance to check into the terminology from the
July Use of Force report regarding the term "Mental subject". Widmer asked for
suggestions to replace the terminology. Barnhill said she would research the ADA
compliant categorizations of persons and e-mail Widmer with thern.
Barnhill had a question on the Quarterly Summary report with an IAI incident #06-06
where the assigned date is two days prior to the PCRB file date. Widmer explained that
this was a case where someone had filed a complaint with the Police Department and
the PCRB. The complaint was received in the Police Department before the complaint
was filed with the City Clerk.
Barnhill also asked if the IAI complaints that are pending have time constrains also.
Widmer explained that they are investigated in the same way as a PCRB complaint and
do have time restrictions.
Larson asked Widmer if all vehicles had in car recording devices. Widmer stated that all
marked vehicles have the in car recording devices. Larson also asked Widmer if the
images on the server are verified by a supervisor prior to being purged from the flash
cards. Widmer replied that when the images are downloaded, the system is set up to
reply that the transfer was successful. The system is also set up so that anything over
one minute in duration is downloaded onto the server and backed up with DVD.
Anything that is under one minute is reviewed and determined whether it's to be purged
to save space on the server or be forced into the system.
Motion carried, 4/0, Roth absent.
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PCRB
November 14, 2006
Page 3
OLD BUSINESS
NEW BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
City Code Section 8-8-6(E) I Policv & Procedure for extension requests - Barnhill stated
this was an item she had wanted to discuss, but did not know she was attending the
meeting until that afternoon and did not have time to prepare. Barnhill requested that
the item be deferred to the next meeting.
Widmer stated he did discuss this item with the Chief and what had happened with the
last complaint was that their Administrative Secretary was on vacation when the Chief's
report was due. When the report had come back from legal it had been placed in a
stack of paperwork which was to be processed and was an oversight and had not been
tracked. By the time the Chief realized, he had no other choice but to ask for an
extension after the due date. Widmer stated that the Chief does take the deadlines very
seriously and does not feel that it will happen again.
Barnhill would still like to review the wording in that section and discuss it at the next
meeting.
None.
None.
Larson stated for the record that he would be abstaining from executive session and
details regarding Complaint #06-03 due to a conflict of interest.
Horton reported to the Board that a student form the University had contacted him three
times to interview him regarding how the Board was formed, why they were formed,
what they do, and what he thinks should be changed about the Board. Horton did grant
the interview and answered what he could. Engel also stated that she had been
contacted but did not have time for an interview.
Barnhill wanted to let everyone know, for those who have not attended the CPA, Citizens
Police Academy; it is well worth your time. Horton agreed and added that it will be
running January thru April, once a week for 13 weeks.
Pugh informed the Board that someone had contacted the City Clerk's office for
confidential information concerning reports that had been before the Board in the past.
City Attorney, Eleanor Dilkes, responded to the request explaining that these were
closed meetings and that the information was confidential and sited the statutes in which
they are deemed confidential. Pugh concurred with the letter so no further action was
taken.
Motion by Barnhill and seconded by Engel 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)
PCRB
November 14,2006
Page 4
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, Roth absent. Open session adjourned at 6:04 P.M.
(Larson left the meeting due to a conflict of interest.)
REGULAR
SESSION
Returned to open session at 6:17 P.M.
Motion by Horton, seconded by Barnhill to set the level of review for Complaint #06-03 to
the following:
8-8-7(B)(1 )(b), Interview/meet with complainant;
8-8-7(B)(1 )(c), Interview/meet with named officer(s) and other officers;
8-8-7(B)(1 )(d), Request additional investigation by the Police Chief or City Manager, or
request police assistance in the Board's own investigation;
8-8-7(B)(1)(e), Performance by Board of its own additional investigation.
Motion carried, 3/0, Roth and Larson absent.
Motion by Horton, seconded by Barnhill to request a 60-day extension for Complaint
#06-03, due to timelines, scheduling, and further investigation.
Motion carried, 3/0, Roth and Larson absent.
MEETING SCHEDULE
. December 5,2006, 5:30 P.M., Lobby Conference Room (Addition)
. December 12, 2006, 5:30 P.M., Lobby Conference Room (Cancelled)
. January 9, 2007, 5:30 P.M., Lobby Conference Room
. February 13, 2007, 5:30 P.M., Lobby Conference Room
Motion by Horton and seconded by Barnhill to add a December 5 meeting at 5:30 and
cancel the December 12 meeting. Motion carried, 3/0, Roth and Larson absent.
ADJOURNMENT
Motion for adjournment by Barnhill and seconded by Horton. Motion carried, 3/0, Roth
and Larson absent. Meeting adjourned at 6:37 P.M.
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
October 2006
DATE
102906
102806
102606
102506
102206
102206
102106
102006
INC#
INCIDENT
55390
Open Container
55339
Injured Animal
54670
Injured Animal
54601
Traffic Stop
54065
Injured Animal
54064
Domestic Incident
53861
OWl
53674
Traffic Stop
FORCE USED
Subject attempted to flee from Officers
on foot. Officers used control
tecbniques to take the subject into
custody and place them in handcuffs.
Officer used long weapon to dispatch
an injured rabbit.
Officer used sidearm to dispatch an
injured deer.
Subject refused to exit a vehicle that
Officers had authority to search.
Officers used control techniques to
escort the subject out of the vehicle and
place them in handcuffs so that the
vehicle could be searched.
Officer used long weapon to dispatch
an injured rabbit.
Subject was placed under arrest and
resisted handcuffmg efforts. Officers
used control tecbniques and exposed
the subject to a chemical irritant to
place them in handcuffs.
Subject had been placed under arrest
and resisted handcuffmg efforts.
Officer used control techniques to place
the subject in handcuffs.
Subject attempted to flee from Officer.
Officer used control teclrniques to
prevent the subject from leaving.
Subject then tried to harm themselves.
Officer used control tecbniques to place
the subject in handcuffs.
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OFFICER DATE INC# INCIDENT FORCE USED
35,58,20 101806 53295 Fight in Progress Snbject had been placed under arrest
and resisted handcuffmg efforts.
Officers used control techniques and
exposed the subj eet to a chemical
irritant to place them in handcuffs.
27,06,57 101406 52787 Domestic Incident Subject had been placed under and
handcuffed. Subject then resisted
transportation efforts while trying to
damage property and assault Officers.
Officers used control techniques and
exposed the subject to a chemical
irritant to prevent the assault and
transport the subject.
20 101306 52409 Fight in Progress Subject was placed under arrest and
resisted handcuffing efforts. Officer
used control techniques to place the
subject in handcuffs.
60,58 101106 52082 Intoxicated Subject Subject was placed under arrest and
resisted transporting efforts. Officers
used control techniques to escort the
subject to JCSO.
32,58 100806 51572 Intoxicated Subject Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
31 100706 51311 Suspicious Activity Officer responded to a report of a
subject that was acting suspiciously.
Upon contact the suspect attempted to
flee on foot. The Officer used control
techniques to apprehend the subject and
place them in handcuffs.
58,18 100606 51013 Intoxicated Subject Subject had been placed under arrest
and handcuffed. Subject became
resistant while at JCSO. Officers used
control techniques to escort subject.
22 100306 50634 Domestic Incident Subject attempted to barricade
themselves in home with a young child.
Officer drew sidearm when entering the
." C\ home. Subject was taken into custody
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OFFICER DATE INC# INCIDENT FORCE USED
20,59 100106 50306 Fight in Progress Subject had been placed under arrest
and handcuffed. Subject resisted
efforts to search their person. Officers
used control techniques to complete the
search.
34 100106 50256 Theft Subject was placed under arrest and
resisted handcuffmg efforts. Officer
used control techniques to place the
subject in handcuffs.
51 100106 50102 Fight in Progress Subject attempted to flee on foot from
Officers. Officers used control
techniques to prevent this and place the
subject in handcuffs.
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DEPARTMENT MEMO 06-63
TO:
Chief Hargadine
FROM:
Captain Widmer
REF:
September-October Use of Force Review
DATE:
November 22, 2006
The "Use of Force Review Committee" met on November 22,2006. It was composed of Captain
Widmer, Sgt. Lord and Sgt. Hart and Officer Gass.
The review of submitted reports for September (27 incidents-42 reports) and October (19
incidents-29 reports) revealed no policy or training concerns. Ofthe 46 incidents, 6 were for the
destruction of an animal and 2 were for a drawn sidearm (building search or felony stop).
No reports are being returned as a result ofthis review. Excellent work.
A reminder that calls for service dealing with subjects displaying a probable mental condition are
to be listed as "mental impairment". Also, any listed injuries need to be spelled out/specified in
the narrative and all suspect injuries as a result of the use offorce must be photographed.
Copy: City Manager, PCRB, Watch Commanders, Review Committee
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December 5, 2006 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #06-03
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
Extension Request (60 days):
PCRB Complaint #06-04
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
PCRB Complaint #06-05
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
08/04/06
11/02/06
10/19/06
12/04/06
02/02/07
09/15/06
12/14/06
11/03/06
02/01/06
Date
11-28-06
neighborhood.
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
November 2006
Description
Woman called regarding incidents/complaints in her
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
November 15, 2006
Mayor Ross Wilburn
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the November 14, 2006 meeting, the PCRB voted in open session to request a 60-day
extension in addition to its regular 45-day reporting deadline for the Public Report according to
the City Code for PCRB Complaint #06-03 for the following reasons:
. Due to timelines and scheduling
. Public Report presently due December 4, 2006
60-day Extension request - Report would be due on February 2, 2007
The Board appreciates your prompt consideration of this matter.
Sincerely,
jL1
~eL
E.J / =.-be-l-t.....
Elizabeth Engel, Vice-Chair
Police Citizens Review Board
cc: City Attorney
Msg for Captain Widmer
Page 1 of3
Kellie Tuttle
From: Tom Widmer
Sent: Thursday, November 16, 2006 7:43 AM
To: Kellie Tuttle
Subject: Responce to PCRB
Kellie...please pass this on to the PCRB
PCRB Members,
As of 11/16/06, all incidents that would normally be documented as "mental subject" will be listed as "mental
impairment". In addition, our Computer Aided Dispatch system disposition of "Mental" has been changed to also
record "mental impairment". After looking at the options that you suggested, mental impairment was chosen as
the one that most accurately described the type of incidents we are attempting to categorize. Thanks for bringing
this issue to out attention as we are always open for ways to better serve in a sensitive manner.
Captain Tom Widmer
(319) 356-5272
tom-widmer@iowa-city.org
Iowa City Police Department
410 E. Washington
Iowa City, IA 52240
From: Kellie Tuttle
Sent: Wednesday, November 15, 2006 11:19 AM
To: Tom Widmer
Subject: FW: Msg for Captain Widmer
Per the PCRB meeting last night.
Kellie Tuttle
City of Iowa City
City Clerk's Office
410 E Washington St
Iowa City, IA 52240
Ph (319) 356-5043
Fax (319) 356-5497
From: Barnhill, Candace J [mailto:candace-barnhill@uiowa.edul
Sent: Wednesday, November 15, 2006 11:16 AM
To: Kellie Tuttle
Cc: michael.larson@pearson.com
Subject: Msg for Captain Widmer
Good Morning Captain Widmer,
Thank you for agreeing to consider using different terminology in the Use of Force report and
related public documents when referring to a person with an undiagnosed [probable] mental or
11/16/2006
Msg for Captain Widmer
Page 2 of3
health related condition. Two suggestions are listed below with additional background
information for your consideration.
Mental Impairment - a protected class by the Americans with Disabilities Act.
Probable Substance Related Disorder or Altered Mental Status - which we use here in the
UIHC Emergency Treatment Center until actual diagnosis is attained.
If I may provide any further information or you would prefer a more comprehensive health-care
analysis, please don't hesitate to contact me. Again, thank you for your time and
consideration.
Regards,
Candy
Candy Barnhill, PHR
Human Resource Generalist
Department of Emergency Medicine
University of Iowa Hospitals and Clinics
319-384-6562
A mental impairment is defined by the ADA as:
"[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities."
Neither the statute nor EEOC regulations list all diseases or conditions that make up "physical
or mental impairments," because it would be impossible to provide a comprehensive list, given
the variety of possible impairments.
What is mental illness?
Mental illness is a term that refers to all the different types of mental disorders.
What are the classes of mental illness?
Our evolving understanding of genetics and how the brain works may eventually change how we classify mental
illnesses. For now, we think of several main classes of mental illness:
. Mood disorders. These include disorders that affect how you feel, such as persistent sadness or
feelings of euphoria. They include major depression and bipolar disorder.
. Anxiety disorders. Anxiety is an emotion characterized by the anticipation of future danger or
misfortune accompanied by a feeling of being ill at ease. Examples include panic disorder, obsessive-compulsive
disorder, specific phObias and generalized anxiety disorder.
. Substance-related disorders. These include problems associated with the misuse of alcohol, nicotine,
caffeine and illicit drugs.
. Psychotic disorders. These disorders impair your sense of reality. The most notable example of this is
11/16/2006
Msg for Captain Widmer
Page 3 of3
schizophrenia, although other classes of disorders can be associated with psychosis at times.
. Cognitive disorders. These disorders affect your ability to think and reason. They include delirium,
dementia and memory problems. Perhaps the most well-known of these disorders is Alzheime~s disease.
. Developmental disorders. This category covers a wide range of problems that usually first begin to
make themselves known in infancy, childhood or adolescence. They include autism, attention-deficit/hyperactivity
disorder and learning disabilities. But just because they're all grouped in this category doesn't necessarily mean
they share a common cause or that there's a relationship among the disorders.
. Personality disorders. A personality disorder is an enduring pattern of inner experience and behavior
that is dysfunctional and leads to distress or impairment. Examples include borderline personality disorder and
antisocial personality disorder.
. Other disorders. These include disorders of impulse control, sleep, sexual functioning and eating. Also
included are dissociative disorders, in which a person's sense of self is disrupted, and somatoform disorders, in
which there are physical symptoms in the absence of a clear physical cause, such as hypochondriasis.
11/16/2006
Updated 12/01/06
POLICE CITIZENS REVIEW BOARD
. A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
Candv Barnhill
154 Friendship St
Iowa City IA 52245
(H) 354-6111
Term: September 1, 2003 - September 1, 2007
Michael Larson, Chair
625 Scott Park Road
Iowa City, IA 52245
(H) 358-7818
Term: September 1, 2005 - September 1, 2009
Loren Horton
3367 Hanover Ct
Iowa City IA 52245-4016
(H) 351-5842
Term: September 1, 2004 - September 1, 2008
Greq Roth
770 Broadmoor Dr
North Liberty, IA 52317
(H) 665-4338
groth@kirkwood.edu
Term: September 1, 2005 - September 1, 2009
Beth Enqel, Vice Chair
1 Oaknoll Ct, Apt #473
Iowa City IA 52246
(H) 887-5239
Term: September 1, 2004 - September 1, 2008
Catherine Puqh, Legal Counsel
4743 Dryden Ct
Iowa City IA 52245-9250
(H) 339-4617
FAX - 351-6409
pugh705@hotmail.com
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