Loading...
HomeMy WebLinkAbout07-01-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD July 1, 2008 — 5:30 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 06/10/08 • ICPD General Order #00 -02 (Harassment and Sexual Harassment) • ICPD Department Memo #08 -23 • ICPD Use of Force — March 2008 • ICPD Use of Force — April 2008 ITEM NO. 3 OLD BUSINESS • Future Forums ITEM NO.4 NEW BUSINESS • Annual Report 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 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 12, 2008, 5:30 P.M., Lobby Conference Room • September 9, 2008, 5:30 P.M., Lobby Conference Room • September 16, 2008, TBA (COMMUNITY FORUM) • October 14, 2008, 5:30 P.M., Lobby Conference Room • November 11, 2008, 5:30 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: June 27, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on July 1, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 07/01/08 • Minutes of the meeting on 06/10/08 • ICPD General Order #00 -02 (Harassment and Sexual Harassment) • ICPD Department Memo #08 -23 • ICPD Use of Force — March 2008 • ICPD Use of Force —April 2008 • PCRB Complaint Deadlines • PCRB Office Contacts — May • Draft of FY08 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.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — June 10, 2008 CALL TO ORDER: Vice Chair Elizabeth Engel called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Loren Horton, Donald King, and Greg Roth MEMBERS ABSENT: Michael Larson STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer and Lieutenant Rick Wyss of the ICPD; and public, Dean Abel RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #08 -03 CONSENT CALENDAR Motion by Horton and seconded by King to adopt the consent calendar as presented or amended. • Minutes of the meeting on 05/13/08 • ICPD General Order 00 -03 (Less Lethal Impact Munitions) Motion carried, 4/0, Larson absent. OLD BUSINESS Future Forums — The Board reviewed the draft agenda and media release. There was also discussion regarding moving the meeting location to Harvat Hall in City Hall. Discussion will continue at the Board's next scheduled meeting. NEW BUSINESS None. PUBLIC DISCUSSION Abel is glad to see that the Board is addressing the upcoming forum and that the history of the Board will be revisited. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Roth and seconded by King 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 June 10, 2008 Page 2 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, Larson absent. Open session adjourned at 5:41 P.M. REGULAR SESSION Returned to open session at 6:12 P.M. Motion by Horton, seconded by King to set the level of review for Complaint #08 -01 to: 8 -8 -7 (B)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. Motion by Horton, seconded by King to set the level of review for Complaint #08 -02 to: 8 -8 -7 (13)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. Motion by Horton, seconded by Roth to summarily dismiss Complaint #08 -03 as required by the City Code, Section 8 -8 -3 E, stating 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. Motion carried, 4/0, Larson absent. Motion by Roth, seconded by King to move the July 8th meeting to July 15t Motion carried, 4/0, Larson absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 1, 2008, 5:30 P.M., Lobby Conference Room • July 8, 2008, 5:30 P.M., Lobby Conference Room (RESCHEDULED TO 7/1) • August 12, 2008, 5:30 P.M., Lobby Conference Room • September 9, 2008, 5:30 P.M., Lobby Conference Room Engel does not think she will be in town for the July 1 sc meeting. She will check her schedule and get back to staff. ADJOURNMENT Motion for adjournment by Roth and seconded by King. Motion carried, 4/0, Larson absent. Meeting adjourned at 6:16 P.M. zOO�c ►► a ►► u u fD fD fD CD a r•► CD C H "t CD y y �7 �d is n l °l ro O r n O a ua a a a 00 x 00 W Cr7 00 00 00 N �O y y �7 �d is n l °l ro O r n O PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: :.Investigation =of Complaint P'CRB #08 -03 Complaint PCRB #08 -03, filed February 29, 2008, 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: June 11, 2008 o �- Z5 PER -02.1 HARASSMENT AND SEXUAL HARASSMENT Date of Issue General Order Number JUNE 30, 2000 100-02 Effective Date Section Code June 11, 2008 I PER -02 Reevaluation Date Amends / Cancels O cn JUNE 2009 t, C.A.L.E.A. Reference < c- ;r 26.1.3 r`' INDEX AS: Harassment Sexual Harassment Supervisor Responsibilities Complaint Procedures D -n N 0 M I. PURPOSE The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for 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. II. 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. 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, 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. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary action gp to and including termination for violations. v �� 'T1 PROHIBITED ACTIVITY 1. No employee shall either explicitly or implicitly ridicule, mock,= derid"r belittle any person. o 3 M 2. Employees shall not make offensive or derogatory commer> to � y person, either directly or indirectly, based on race, color, sex, religimn, 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 haraEsmenQin documenting and filing a complaint with the Chief of Police for investigtifin. „ Each employee of this agency is responsible for assisting in the preypptioR,of harassment through the following acts: -<m M ©X 1. Refraining from participation in, or encouragement of, actions thaff;Coul & 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 identified in 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 &ubmg a confidential memorandum documenting the complaint to tlhiff of Police. > 3. The internal investigating authority designated b the Chief of � ace `shall �. 9 9 Y 9 Y li! be responsible for investigating any complaint alleging har5&erl or discrimination. ,o a. The internal investigating authority shall immediately notify Vie Chief of Police and the City /County Attorneys office if the complaint conAins 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 an annual summary of all harassment complaints. e. Findings of the investigation shall be entered into the member's personnel file in accordance with departmental guidelines on internal investigations. 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. 3. 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. 1�� ;zv4me/�`11 Samuel Harga i e, Chief of Police WARNING This" directive is' for 'depatmental use only: -and does not:-, app ly"in`, any, crimin Violations of this directive will only "fo[m' the basis "for �departn istrative sanctions.,. o n `Gf M % -�O D — IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2008 Ofc # Date Inc # Incident Force Used PI 09/32/ 03 -02 12061 Medical assist; Officers used hands -on control techniques & OC 58 assault to arrest & transport an intoxicated & assaultive investigation person. 06/48 03 -04 12587 Alarm Officers deployed patrol rifles while conducting a building search of a burglarized building. 95/58 03 -07 13029 Fight Officers used hands -on control techniques & OC to stop a large fight (8 -10 subjects) to arrest combatants. 50 03 -08 13249 Fight Officer used hands -on control techniques & OC to arrest an intoxicated & aggressive person. 04/45 03 -08 13388 Burglary Officers used hands -on control techniques to investigation arrest a resistive suspect. 44 03 -08 13420 ATL — stabbing Officer displayed sidearm while conducting a felony stop of the suspect vehicle. 22/27 03 -10 13788 Shoplifting Officers used hands -on control techniques to 09/51 03 -12 14065 Medical assist — suicidal subject arrest a combative suspect. Officers used hands -on control techniques & active countermeasures to control a combative in need of medical treatment. 05 03 -13 14433 Weapons Officer displayed patrol rifle while responding to offense "shots fired" & briefly detaining a person. 84/04/ 03 -14 14601 Search warrant Officers were serving a search warrant for 13/19/ 20/22/ 44/55/ 59 firearms used in a crime. Officers displayed sidearms, a shotgun, & a patrol rifle while securing the residence. 09 03 -15 14672 Intoxicated Officer used hands -on control techniques to person arrest a resistive & intoxicated person. 51 03 -18 15201 Out with Officer used hands -on control techniques & OC subject to arrest a resistive & intoxicated person. 50 03 -23 16006 Traffic stop Officer displayed a sidearm while arresting a suspect that had fled from a traffic stop. �n =; 1 0 n T'. N D �n 98/86/ 03 -24 16145 Welfare check Officers displayed sidearms, shotguns, & patrol 85/88/ rifles while searching & securing a home with 93/05/ multiple homicide victims. 08/11/ 28/32/ 36/37/ 39/41/ 58/ N 24/57 03 -27 16659 Traffic stop Officers used hands -on control techniques to attempt to prevent a resistive person from destroying evidence (i.e. eating illegal drugs). O u > r rm O� N D IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT April 2008 Ofc # Date Inc # Incident Force Used 11: 85/95/ 04 -01 17362 Search warrant The tactical team was used to serve a high risk 93/06/ warrant. The team breached (included break-& - 13/16/ rake, ram, & flash -bang) & secured the 22/29/ residence. Sidearms, shotguns (including less - 35/49/ lethal munitions), & patrol rifles were displayed. 51/54/ Officers used hands -on control techniques to 59 secure occupants. 04/48 04 -01 17697 Intoxicated Officers used hands -on control techniques to person arrest a resistive & intoxicated suspect. 55 04 -04 17913 Search warrant Officer used hands -on control techniques to prevent the destruction of evidence & to arrest a resistive suspect. 95/58 04 -04 18058 Out with Officers used hands -on control techniques to subject arrest a resistive suspect fleeing from police. 03 04 -11 19456 Burglary Officers used hands -on control techniques to arrest a resistive suspect fleeing from police. 08/29 04 -12 19675 Out with Officers used hands -on control techniques, subject pressure points, & OC to arrest a fleeing & combative suspect. 31 04 -13 20107 Medical assist Officer used hands -on control techniques to escort an uncooperative & intoxicated prisoner. 27 04 -14 20254 Burglary Officer displayed sidearm while confronting a potential suspect near a broken window /door. 08 04 -18 20995 Out with Officer used hands -on control techniques to subject arrest a fleeing & intoxicated suspect. 29 04 -19 21219 Fight Officer used hands -on control techniques to arrest a fleeiniz combatant. 51 04 -19 21431 Mental Officer used hands -on control techniques to impairment restrain a resistive patient for medical treatment. 37 04 -22 21981 Traffic stop Officer used hands -on control techniques to arrest a combative person. 08 04 -25 22694 Out with Officer used hands -on control techniques to subject arrest a fleeing subject that just assaulted to officer. p d 'c0 c.. > s-- rn v� DEPARTMENT O 08-23 i R TO: FROM: REF: DATE: Chief Hargadine Captain T.D.Widmer March -April Use of Force Report Review June 16, 2008 The "Use of Force Review Committee" met on June 10, 2008. It was composed of Captain Widmer, Lt. Wyss, Sgt. Lord and Sgt. Kelsay. The review of submitted reports for March (15 incidents -22 reports) and April (13 incidents -16 reports) revealed no training, policy or safety issues. Of the 28 incidents, 6 were for a drawn sidearm (building search or felony stop). All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee 0 ;5 > Z'I �e� acrQ y r CO > to 0 July 1, 2008 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #08 -01 Filed: 02/22/08 Chief's Report due (90days): 05/22/08 Chief's Report filed: 05/20/08 PCRB Mtg #1 (Review & Assign) 06/10/08 PCRB Mtg #2 (Review Draft Report) 07/01/08 PCRB Report due (45days): 07/07/08 PCRB Complaint #08 -02 Filed: 02/26/08 Chief's Report due (90days): 05/26/08 Chief's Report filed: 05/20/08 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 06/10/08 PCRB Mtg #2 (Review Draft Report) 07/01/08 PCRB Report due (45days): 07/07/08 ------------------------------------------------------------------------------ - - - - -- PCRB Complaint #08 -04 Filed: 05/01/08 Chief's Report due (90days): 07/30/08 Chief's Report filed: PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): PCRB Complaint #08 -05 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 Filed: 06/05/08 Chief's Report due (90days): 09/03/08 Chief's Report filed: ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 ------------------------------------------------------------------------------------ PCRB Report due (45days): ? ?/ ? ?/08 PCRB MEETING SCHEDULE August 12, 2008 September 9, 2008 October 14, 2008 November 11, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2008 Date Description 5 -6 Sent mediation packet to complainant. POLICE CITIZENS REV EW BOARD A Board of the City of. owa City 410 East Washington Street Iowa City, IA 5224(-1826 (319) 356 -504 III July 1, 2008 � O N � To: City Council > zi P; -n Complainant n Michael Lombardo, City Manager r— M Sam Hargadine, Chief of Police y 0 Officer(s) involved in complaint ra D N From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #08 -01 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #08 -01 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section � -8 -7B (2), the Board's job is to review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was received at the Office of the City C erk on February 22, 2008. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief s Report was due on May 22, 2008, and was Bled with the City Clerk on May 20, 2008. The Board met to consider the Chiefs Report on June 10, 2008 and July 1, 2008. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (B) (1) (a), "on the record with no additional investigation ". FINDINGS OF FACT Iowa City Parking Department personnel located a veh Towing service was notified. Before the tow truck arrived and arranged to pay the unpaid parking fees. T refused to pay the "show -up" fee. The Iowa City Polio arrived. Complainant placed himself between his vehic refused to cease talking on his cellular telephone to tz Complainant that if he did not remove himself from 1 would be arrested. Complainant did not move, Complainant's arm and held handcuffs in the other r officer, and then was sprayed with pepper spray and t; arrest the Complainant complained of a health probler. Hospital and Clinics. There he was treated, released Johnson County Jail and taken into custody by officials 1 The Complainant asserted that his arrest was was verbally abused during the arrest process. The Chiefs Report contained findings on each of tl involved. The PCRB agreed to consider the Complai a Report with findings on the three Complaints. CONCLUSIONS After reviewing the Complaint and the Chiefs Repoi were not substantiated. Statements by the Parking De and video tape of the scene indicate that the Complain submit, and that no improper force was used in makii regulations were followed during the arrest, including scene at the hospital does not support the Complaint period of time, but does show the Complainant being calm down so as not to disturb the other patients. cle that had multiple unpaid parking fees. arrived, the vehicle owner (Complainant) .e tow truck arrived and the vehicle owner Department (ICPD) was notified, officers e and the tow truck, refused to move, and k with the officers. Officers notified the etween his vehicle and the tow truck, he id an officer placed one hand on the ind. Complainant pulled away from the ken to the ground for handcuffing. After and was taken to the University of Iowa into ICPD officer's custody, taken to the that improper force was used, and that he Complaints, against each of two officers against both officers collectively, and issue the Board concluded that the allegations rtment personnel, the tow truck operator, did resist arrest after multiple requests to the arrest. Evidence supports that ICPD 'sG -02.1 and OPS 03.1. Video tape of the gat officers used verbal abuse during this rbally loud and officers requesting that he Allegation # I - Unlawful Arrest. NOT SUSTAINED. Allegation # 2 - Improper Use of Force. NOT SUSTAJNED. Allegation # 3 - Verbal Abuse of a Prisoner. NOT SUSTAINED. C� o _m trn POLICE CITIZENS REV A Board of the City of 410 East Washington Iowa City, IA (319) 35 July 1, 2008 To: City Council Complainant Michael Lombardo, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #08 -02 EW BOARD >wa City Street 1826 This is the Report of the Police Citizens Revi w Board's (the "Board ") review of the investigation of Complaint PCRB #08 -02 (th "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section Police Chiefs Report ( "Report") of his investigation o Board to apply a "reasonable basis" standard of review Report "because of the Police Chiefs professional expe Code directs the Board to make "Findings of Fact ", it a the Police Chief reverse or modify his findings on substantial evidence', are "unreasonable, arbitrary or Department policy or practice, or any Federal, State or li BOARD'S PROCEDURE -8 -7B (2), the Board's job is to review the a complaint. The City Code requires the the Report and to "give deference" to the tise ", Section 8 -8 -7 B (2). While the City so requires that the Board recommend that y if these findings are "unsupported by capricious" or are "contrary to a Police cal law ", Section 8 -8 -7 B (2) a, b, c. The Complaint was received at the Office of the City Clerk on February 26, 2008. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on May 26, 2008, and was The Board met to consider the Chiefs Report on June to review the Chiefs Report in accordance with Secti additional investigation." :d with the City Clerk on May 20, 2008. 2008 and July 1, 2008. The Board voted 8 -8 -7 (B) (1) (a), "on the record with no a <r- N 1 , 1 OM 3 D ry This is the Report of the Police Citizens Revi w Board's (the "Board ") review of the investigation of Complaint PCRB #08 -02 (th "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section Police Chiefs Report ( "Report") of his investigation o Board to apply a "reasonable basis" standard of review Report "because of the Police Chiefs professional expe Code directs the Board to make "Findings of Fact ", it a the Police Chief reverse or modify his findings on substantial evidence', are "unreasonable, arbitrary or Department policy or practice, or any Federal, State or li BOARD'S PROCEDURE -8 -7B (2), the Board's job is to review the a complaint. The City Code requires the the Report and to "give deference" to the tise ", Section 8 -8 -7 B (2). While the City so requires that the Board recommend that y if these findings are "unsupported by capricious" or are "contrary to a Police cal law ", Section 8 -8 -7 B (2) a, b, c. The Complaint was received at the Office of the City Clerk on February 26, 2008. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on May 26, 2008, and was The Board met to consider the Chiefs Report on June to review the Chiefs Report in accordance with Secti additional investigation." :d with the City Clerk on May 20, 2008. 2008 and July 1, 2008. The Board voted 8 -8 -7 (B) (1) (a), "on the record with no Allegations On February 26, 2008, the Complainant filed a compla (PCRB) against the Iowa City Department and two sp( alleged the following complaints: 1) On January 14, 2008, Officer A cited the Coral additional traffic citations. Complainant stated care for her. with the Police - Civilian Review Board is sworn officers. The Complainant [ant with reckless driving and two was cited because Officer A does not 2) On January 15, 2008, the Complainant's car was issued a parking ticket by Officer B for parking on the curb. Complainant claimed her car was parked in her driveway. 3) On February 17, 2008, the Complainant called in a request for service involving a vehicle blocking her mailbox. Complainant stated the police did not respond to this call for service. Complainant called in the same compl int about the same vehicle on February 18, 2008. 4) On January 14, 2008, the Complainant called the police department in regard to an assault on her son. Complainant alleges the police would not allow her to file a complaint. Police Department Investigation The Iowa City Police Department (ICPD) did an investigation of the allegations (PCRB #08 -02) filed by the Complainant on February 26, 2008. The investigative report was filed in the City Clerk's office on May 20, 2008 and was reviewed by the Board at the June 10 and July 1, 2008 meetings. To investigate the four allegations, the police departm( retrieved documents from the Clerk of Court regarding reviewed police in -car video logs from several officer' parking ticket logs, parking ticket appeal logs and attei Board Findings Allegation #1 The Board finds allegation #1 to be Not Sustained - Officer A did issue citations to the Compl on Right -Hand side of Roadway. - In -car video clearly supports the citations vehicle on the wrong side of the road in vi statute and approaching the officers in a d. Driving citation. - In -car audio picks up an officer warning o the Complainant's vehicle further support . - In- car -audio picks up an officer stating the vehicle saved the life of an officer declarij struck an officer if the warning was not gi Driving citation. at interviewed the officers involved, citations issued to the Complainant, cars, reviewed call for service logs, ipted to interview the Compl4ant. n � 2 -< � to the following: rr-- M m m OX D rant for violations of Driving M Doping D at were issued showing Complainant s ration of Right -Hand Side of Road Way gerous manner supporting the Reckless ier officers of the dangerous approach of [g the Reckless Driving citation. the verbal warning about the approaching the Complainant's vehicle would have en. This further supports the Reckless In -car audio picks up the sounds of the G supporting the Reckless Driving citation. An error was made in the issuance of a ci Change. The officer mistakenly cited the registration address up to date when the c driver's license address up to date. There wrong code section was cited. Corrective County Attorney's Office to have this city good faith when the citation was issued a Complainant. lainant's vehicle skidding to a stop on for Failure to Give Notice of Address mplainant for not having her vehicle ;ion should have addressed not having her �s probable cause for a citation but the ;asures were taken by contacting the ►n dismissed. The officer was acting in the error did not unduly impact the - Documentation was provided showing the Failure to Give Notice /Address Name Change was dismissed through the Johnson County Attorney's Office. Allegation #1 Conclusion - The danger of the situatii supported by the in -car video and audio. The Board d citations issued, or the incorrect code section used on does not care for the Complainant. Allegation #2 The Board finds allegation #2 to be Not Sustained - A citation was issued to a vehicle registerei wheels on the parking. Complainant claime date and time the parking ticket was issued - The parking ticket was issued by Officer B - A search of the City of Iowa City Treasury issued on January 15, 2008 to a vehicle reg - The Complainant claimed to have photogr� parked in her driveway on the day and time - An interview of the Complainant was schei Complainant did not show up for interview testimonial, presented by Complainant as ti and time of the parking ticket. - The date and time of the issuance of the pa officer's police in -car video of that same & and basis for the citations is clearly ;s not find any facts that suggest the r_, citation, were issued becausofficef2� D -< r - m to the following: D to Complainant for having the right I the vehicle was in her driveway on the showed a parking ticket stered to the Complainant. )hs and a witness that her vehicle was the parking ticket was issued. uled for March 27, 2008 at 1 pm. There was no evidence, real or where the vehicle was parked on the day :ing ticket is consistent with the issuing r and time. - The officer's in -car video of that day and time clearly shows the Complainant's vehicle in violation, by being parked partially on the street and partially on the parking, and not in the Complainant's driv way. Allegation #2 Conclusion- The in -car video, consistent with that day and time, clearly supports the issuance of the parking ticket by Officer B to a vehicle registered to the Complainant. The —n r, M 0 parking ticket was upheld on appeal and there is no evidence to contradict the rightful issuance of this ticket. Allegation #3 The Board finds allegation #3 to be Not Sustained - On February 17, 2008 and February 18, 20( with the ICPD in regard to a vehicle blockii - Complainant stated neither call on either da - Two calls for service were located from the - Police records indicate the call of February police officer at 1312 hours. The identity of complaint against the police department an( - The initial responding officer claimed he cc drive vehicle. It is assumed access was limi ice). This may be consistent with this winte were not presented in the Chief's Report. - The call was responded to at 1527 hours, tl Officer with a four wheel -drive vehicle. the following: 3, Complainant filed a request for service g her mailbox. e was responded to. Complainant on departmental logs. .7, 2008, was responded to by a sworn the officer is not relevant since this is a not a specific officer. xld not get to the area without a 4 wheel- ed due to weather conditions (snow or although the conditions on certain dates same date, by a Community Service - The call log indicated the vehicle in questio was 5 -10 feet from the mailbox. - Attempts to contact the Complainant in person and by phone were unsuccessful. - On February 18, 2008, Complainant filed ai iother request for service regarding the same complaint and vehicle. - The call log indicated a sworn officer was ispatched at 1025 hours and a Street Storage sticker was placed on the vehicle i question. Allegation #3 Conclusion — The call logs and related for service were responded to. Action was taken by tr person and by phone, and by placing a notice on the v Allegation #4 The Board finds allegation #4 to be Not Sustained du - January 14, 2008 the Complainant came to on her son. Complainant alleged the police regard to the assault. Complainant identified a suspect in the as; The victim of the alleged assault, the Com suspects than the Complainant but did not The alleged victim's identification of susp log on January 14, 2008. )fficer dispositions, show t116 bothlls ing to contact the Complain both in c hicle in question. N < r' y w Lrs to the following: ICPD in regard to an alleged assault would not allow her to file a complaint in lainant's son, identified three different lame the same suspect as the Complainant. cts was recorded on an in -car video, audio - The Complainant's son was taken to juvenile detention for offenses committed earlier in the day. - Complainant came to police station and requested information about the incident. Initially, an officer not involved with the in�ident spoke with the Complainant. An officer directly involved with the complaint Was then called into the station to speak with Complainant. - An officer at the scene came to the station and spoke with Complainant. - The officer informed Complainant that her son (alleged victim) identified different offenders until he was charged with an offense and then stated the same suspect as the Complainant. - Complainant was told to come to station with her son when released from juvenile detention and officers involved would initiate an investigation. Complainant was told that interviewing her son (alleged victim) would be imperative to investigation. - Complainant supposedly stated she was alright with this option and left the station. - As of the department's report to the Board the Complainant has not contacted the police officers to further the investigation. Allegation #4 Conclusion — The police Call for Servicje log shows Complainant identified one suspect of the alleged assault. An in -car video /audio shows the alleged victim identifying multiple suspects that are all different than the one identified by the Complainant. Documents provided show that alleged victim was in juvenile detention for theft and disorderly conduct (fighting) on January 14, 2008 when Complainant came into station to speak with officers about the alleged assault. Due to the different identification of suspects, and the change of identification of suspects by the alleged victim, this alleged assault investigation required the re- interviewing of both Complainant and alleged victim. The Complainant was provided with the opportunity to speak with officers after her son was released from detentio6 but did not exercise this option. 0 N --t C-' (' t9 9 N POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and /or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2008 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY08 the Board held nine meetings. Three meetings were cancelled due to lack of Board business. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members In September of 2007, Candy Barnhills term ended and was replaced by Donald King. In October officers were nominated with Michael Larson as Chair and Elizabeth Engel as Vice Chair. COMPLAINTS Number and Type of Allegations Six complaints (07 -01, 08 -01, 08 -02, 08 -03, 08 -04, 08 -05) were filed during the fiscal year July 1, 2007 — June 30, 2008. Two public reports were completed during this fiscal period (07 -01, 08 -03). Of the two reports completed, one was Summarily Dismissed. The other completed public report involved 2 allegations. Allegations Complaint #07 -01 1. Unauthorized search of residence, and harassment of children's father. 2. Threatening revocation of Section 8 rental assistance program, and assistance of a police officer in those proceedings. PCRB Annual Report FY 2008 - (Approved ? ? / ? ? / ? ? ? ?) — 2 DRAFT Complaint #08 -03 Summarily Dismissed Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 1 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 2 allegations listed in the one complaint for which the Board reported, none were sustained. The Board made no comments and /or recommendations for improvement in police policy, procedures, or conduct in the report. Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent 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 one officer in the one complaint covered by the FY08 annual report. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the five complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. PCRB Annual Report FY 2008 - (Approved ? ? / ? ? / ? ? ? ?) — 3 Category/Number of Complainants Age: Over 21 Sexual Orientation: Unknown 1 Marital Status: Unknown 1 Physical Disability: Unknown 1 BOARD MEMBERS Michael Larson, Chair Elizabeth Engel, Vice Chair Candy Barnhill / Donald King Loren Horton Greg Roth National Origin: Unknown Gender Identity: Female Religion: Baptist DRAFT Color: African American Sex: Female Mental Disability: Unknown /�(2 �,�� acct 6 Police Citizen Review Board 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Police Citizen Review Board: 7// "r 7 June 26, 2006 This is to inform you that on Play 2, 2000, while the Iowa City Police were transporting me to the University of Iowa Hospital, the officer driving the car deliberately (after warnia his partner to "hold on ") double - braked the car so I flew around the back seat hitting any hard surfaces. His demeanor was smug after he did this, and I was so shocked I buried the memory until I bought a car last winter. The The Police Records Department said they had no record of the incident and could not let me look at any pictures of officers. This is to let you and other citizens know this happened. I am making sure to document this, so everyone knows this is true, and it happened. Sincerely, O Kri �ti n Jnson mac) cam" - 415 S. Van Buren St., Apt. 1 Iowa City, IA 52240 OX A N O