HomeMy WebLinkAbout03-10-2009 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
March 10, 2009 — 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 02/10/09
• ICPD General Order 07 -01 (Patrol Rifle)
• ICPD Department Memo #09 -08 (December 2008 Use of Force Review)
ITEM NO. 3 OLD BUSINESS
Complaint Form Update regarding Officer Bill of Rights
Complaint registry/Monitoring System
Changes to the Standard Operating Guidelines
ITEM NO. 4
NEW BUSINESS
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7
STAFF INFORMATION
ITEM NO. 8
CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22 -7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS
• April 14, 2009, 5:30 P.M., Lobby Conference Roorr
• May 12, 2009, 5:30 P.M., Lobby Conference Room
• June 9, 2009, 5:30 P.M., Lobby Conference Room
• July 14, 2009, 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:
March 5, 2009
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on March 10, 2009
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 03/10/09
• Minutes of the meeting on 02/10/09
• ICPD General Order 07 -01 (Patrol Rifle)
• ICPD Department Memo #09 -08 (December 2008 Use of Force Review)
• Complaint Deadlines
• PCRB Office Contacts — February
• Draft of Sustained Allegation Report
• Draft of Proposed Changes to SOP's
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 — February 10, 2009
CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt (5:34) of the ICPD; and
public, Caroline Dieterle
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR Motion by King and seconded by Braverman to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 01/13/09
• ICPD General Order 99 -02 (Alarm -Open Door Response)
• ICPD General Order 01 -01 (Racial Profiling)
• ICPD General Order 01 -06 (Juvenile Procedures)
• ICPD Department Memo #09 -04 (Oct -Nov 2008 Use of Force Review)
Motion carried, 5/0.
Roth wanted to know on the Use of Force Review report if every officer involved in
an incident had to fill out a report. Wyss explained any time an officer uses force
they are required to complete a use of force report, and the report only reflects their
actions. If three officers respond to an incident and all three use force, there will be
three reports and one incident. If three officers respond, two use force and the other
doesn't do anything (not necessary, or interacts with bystanders or witnesses and
doesn't use force), there would be one incident, two reports.
OLD BUSINESS Complaint Form Update regarding Officer Bill of Rights — Pugh asked for this item to
be tabled until the March meeting to complete her research.
Complaint Registry /Monitoring System — Wyss reported that the request to change
the Chief's report to the Board regarding the officer identifier switching to alpha (ie
Officer A, Officer B) was not an issue and could be done. There was some concern
about maintaining a registry over long -term. The Police Chief had expressed that he
wanted to meet with the Chair of the Board about this issue. One of the main
concerns is that there is no time limit on the registry. For example if an officer has a
30 year career, the report could go back 20 -25 years with a sustained complaint.
The other issue is that there is no correlation between the disciplinary action and the
allegation made. So when the Board would receive the report it would have the
sustained allegation, but it would not and could not have what the disciplinary action
was. The report would be painting a fairly broad picture without a lot of information in
it. Roth asked if the police department had a time criteria for personnel files that they
used for complaints /allegations that go into an officers file. Wyss stated a minor
infraction stays in the file for one year and at that time they're removed and can not
be used for any future discipline. Anything above that, any major infraction, would be
PCRB
February 10, 2009
Page 2
maintained in the officers file permanently and can be used to determine future
disciplinary action. The Board briefly discussed having a similar system where they
could remove minor infractions. King pointed out that since the sustained allegation
was based only on PCRB complaints and did not include the complaints that went
through the police department that the report was not a complete picture of sustained
allegations. The Board agreed to table the discussion so the Chair could have a
chance to speak to the Police Chief regarding the Chief's concerns. Yoder
suggested adding a disclaimer to the bottom of the Sustained Allegation report
stating that it information only reflects complaints filed with the PCRB. Pugh will draft
language to be added to the report. Tuttle mentioned to the Board that the Standard
Operating Procedures will need to be altered accordingly to reflect their request in
the change with the Chief's report. Larson asked if there was any information on the
NACOLE website regarding this type of reporting and asked if Tuttle could look into
it.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by King and seconded by Yoder 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 5:55 P.M.
REGULAR
SESSION Returned to open session at 6:15 P.M.
Motion by Roth, seconded by King to set the level of review for PCRB Complaint
#08 -09 to 8 -8 -7 (13)(1)(a), On the record with no additional investigation.
PCRB
February 10, 2009
Page 3
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• March 10, 2009, 5:30 PM, Lobby Conference Rm
• April 14, 2009, 5:30 PM, Lobby Conference Rm
• May 12, 2009, 5:30 PM, Lobby Conference Rm
• June 9, 2009, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder.
Motion carried, 5/0. Meeting adjourned at 6:17 P.M.
z0O�C
zz > >b
c�.
y
y
z
� � n
ra
d o �
-- n
O
C"
n
n
y
r�
0
5
Lm
ara
yC
yC
>C
yC
yC
w
y
y
z
� � n
ra
d o �
-- n
O
C"
n
n
y
r�
0
5
Lm
DEPARTMENT MEMO #09 -08
TO:
Chief Hargadine
FROM:
Captain R. D. Wyss
RE:
December 2008 Use of Force Review
DATE:
5 March, 2009
ct : p5a KT
MAR - 5 2009
The "Use of Force Review Committee" met on February 19th, 2009. It was composed of Captain
Wyss, Sgt. Hurd and Sgt. Kelsay.
The reviews of submitted reports for December (10 incidents -13 reports) were completed. Of
the 10 incidents, 2 were for a drawn sidearm (building search or felony stop) and 2 were for the
destruction of animals.
Officers are reminded that the "Type of Incident" is to be listed as the original reason for the
response. For the reports submitted for the destruction of animals, the suspect box should be left
blank, and the narrative can be brief and limited to the nature of the call, supervisory permission
and number of shots fired.
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
OPS -20.1
PATROL RIFLE
Date of Issue General Order Number
August 28, 2007 107-01
Effective Date Section Code
February 27th, 2009 OPS -20
Reevaluation Date Amends / Cancels
February 2010
C.A.L. E.A. Reference
1.3.9, 1.3.10, 1.3.11
T7V71 rV A c'.
Ammunition Training
Firearms Weapons
Munitions Use of Force
SRT
I. PURPOSE
To provide guidelines for the proper use of semi - automatic rifles in the
performance of police duties.
II. POLICY
The Iowa City Police Department issues or approves semi - automatic rifles to specifically
selected officers for unconventional situations where the police may face heavily armed
and /or ballistically protected suspects. These rifles are a tool to allow the potential
resolution of these incidents by providing a tactical advantage not available with more
conventional police firearms.
r `� 2 7 M9
OPS -20.2
III. DEFINITIONS
SEMI - AUTOMATIC RIFLE - For the purposes of this order, the ICPD issue rifle is
the Rock River Arms CAR A4- a semi - automatic rifle in .223 caliber with 16 inch
barrel and 30 round capacity box magazine.
PATROL RIFLE OPERATOR (PRO) - A specially selected and trained officer of
the patrol division currently issued one of the above rifles; or an officer selected
and trained to carry a personally owned rifle approved by the department.
Operators are selected based on guidelines established by the Commander of
Field Operations.
IV. RULES
A. Patrol rifles are only to be deployed under guidelines established by
this order.
B. The decision to fire the rifle shall be in accordance with
State Law and the ICPD Use of Force General Order 99 -05.
C. Off -duty Patrol Rifle Operators may only remove agency issued rifles
from the Department premises for practice purposes. Rifles shall be
stored and secured in accordance with Iowa Code 724.22(7) and ICPD
General Order 00 -08 Weapons.
V. PROCEDURES
A. Deployment of Patrol Rifles
1. Patrol Rifles shall be deployed only in situations that the officer
reasonably believes that the tactical advantage afforded by the
rifle may be necessary.
This order does not seek to articulate the only situations where
rifle deployment is appropriate. The on -scene judgment of the
officer or supervisor is the first indicator of appropriate
deployment.
2. The patrol rifle may be deployed in situations:
a. Where the officer believes a suspect he /she may
encounter is wearing protective body armor or
b. Is believed to be armed with or has immediate access to
high powered or shoulder fired weapons or
C. Is believed to be armed and situated in a distant or
fortified location which affords the suspect a tactically
superior position.
F B 2 7 79�9
OPS -20.3
d. Other situations where approval for deployment of patrol
rifle is authorized by the Watch Supervisor.
B. Department Guidelines for Patrol Deployment
The patrol rifle is issued to individual officers specially trained in
their use. The rifles are issued in protective cases with up to 90
rounds.of department approved and issued ammunition.
a. All rifles are to be stored in the trunk of the assigned
officer's patrol car during their tour of duty. Department
issued rifles are to be secured in the officer's locker at
the end of tour. No rifles shall be left in fleet vehicle
trunks.
b. Officers are responsible for the safe and secure storage
of their issued rifles at all times.
2. Physical readiness of the rifle.
a. The rifle shall be stored in the case with a magazine
inserted in the rifle, chamber empty, and safety on.
b. Rifle magazines will be loaded consistent with the training
provided by Departmental PRO Instructors.
C. The rifle should be inspected frequently and adequately
maintained. An armorer's inspection of the rifle and its
magazines shall occur at a minimum of one time per
year.
3. Qualification
a. PRO's shall qualify with the rifle bi- annually in addition to
quarterly sight confirmation in accordance with standards
established by the Department's Rifle Instructors.
b. During qualification, failure to fire a passing score will
result in a second attempt approximately one month later.
Failure to fire a passing score at that time will result in the
officer being suspended from the rifle program for a
period of not less than three months. Upon failure to
qualify on the second attempt, the officer shall surrender
the department issued rifle to their Watch Commander.
The Watch Commander may re -issue the rifle to another
qualified PRO on the watch or the Commanding Officer
Field Operations may designate a new PRO. Upon the
expiration of the 3- months, the Commanding Officer Field
Operations shall determine if the rifle will remain with the
current PRO or revert to the original officer.
FFB 2 7 ?ring
OPS -20.4
C. Personally Owned Patrol Rifles:
The Iowa City Police Department may allow individual officers to
purchase and carry their own patrol rifles, on duty, pursuant to this
order.
Qualifications for Individually Owned Patrol Rifles
a. The officer must have successfully completed his /her
probationary period.
b. The officer must submit a request to the Commander or
Field Operations, via the Chain of Command.
C. The officer's immediate supervisor and the Commander
of Field Operations must approve the officer and weapon
before a personally owned rifle can be used on duty.
d. The rifle shall be inspected by the department's Lead
Range Officer in accordance with General Order 00 -08
Weapons.
2. Training
a. Officers desiring to purchase and carry their own rifle
must complete the same training and qualification as
PRO's using Department owned weapons.
b. The Department Rifle Instructors shall track and keep
records of both department owned and personally owned
rifles being used by Patrol Rifle Operators. All
qualification and sight confirmation records will be
provided to the Department's training officer.
C. The officers approved to carry personally owned rifles
must successfully complete bi- annual department rifle
qualifications and quarterly sight confirmation.
Qualification rules as outlined in Section B3 above apply
to personally owned rifles as well.
3. Weapon Specifications
a. Rifle shall be a gas- operated, semi- automatic, .223 -
caliber rifle of the type commonly known as AR -15, but
with various designations depending upon manufacturer.
b. Rifle manufacturer must be approved by Commander of
Field Operations.
C. The rifle barrel must be between 16 and 20 inches in
length and may have either a fixed or collapsible stock.
Officers who wish to carry a National Firearms Act
registered short barreled rifle with a barrel length of less
than 16 inches may do so with proof of registration
submitted at time of application. Barrels of less than 10
inches are prohibited.
d. Rifle must be equipped with an approved tactical sling. row �,-
PH 2 7 ?��9
OPS -20.5
e. Rifle must have an attached light with illumination
capabilities of at least 65 Lumens.
f. The rifle must have either fixed or flip -up iron sights.
g. An optical sighting device may be used. Common
examples of acceptable optics would be Aimpoint or
EOTech holographic sights.
h. Officers shall only use magazines approved by the
Commanding Officer Field Operations. Magazines shall
be inspected on an annual basis by a Departmental
Armorer.
i. Officers must have an appropriate case to protect the rifle
in the patrol car.
j. Rifle shall only be deployed with .223 ammunition
approved and supplied by the Iowa City Police
Department.
k. The owner of any weapon(s) approved pursuant to this
policy; is responsible for all expenses related to the care,
repair and maintenance of the weapon unless otherwise
approved by the Commanding Officer Field Operations.
D. Special Response Team Members
Trained SRT members may carry their assigned shoulder weapon while
on duty and on their patrol watch. SRT members carrying their assigned
weapon must follow the guidelines provided in this policy.
E. To the extent practical, each Watch Commander will have assigned to
their watch four (4) Patrol Rifle Operators. If an officer is a designated
PRO and desires to transfer to another watch, that officer may be
removed from the Patrol Rifle program and the rifle surrendered to the
Watch Commander. The Watch Commander shall secure the weapon
and may designate another officer as a PRO. The newly appointed
PRO shall have completed the minimum course for Patrol Rifle
Operators and supply qualifying range scores and sight confirmation
records to the Training and Accreditation Sergeant.
Sam 4l Hargadine, ief of olice
WARNING
This directive is for departmental use only and does not apply in any criminal
or civil proceeding. The department policy should not be construed as a
creation of higher legal standard of safety or care in an evidentiary sense with
respect to third -party claims. Violations of this directive will only form the
basis for departmental administrative sanctions.
e; /Da- .0tLT
FIFR 2 7 ?rgn9
March 10, 2009 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #08 -09
Filed: 10/10/08
Chief's Report due (90days): 01/08/09
Chief's Report filed: 01/05/09
------------------------------------------------------------------------------------
PCRB Mtg #1 (Review & Assign) 02/10/09
PCRB Mtg #2 (Review Draft Report) 03/10/09
------------------------------------------------------------------------------------
PCRB Report due (45days): 02/19/09
45 day Extension Request: 04/05/09
------------------------------------------------------------------------------ - - - - --
PCRB Complaint #09 -01
Filed: 02/17/09
Chief's Report due (90days): 05/18/09
Chief's Report filed: ? ?/ ? ?/09
PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/09
PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/09
PCRB Report due (45days): ? ?/ ? ?/09
PCRB MEETING SCHEDULE
April 14, 2009
May 12, 2009
June 9, 2009
July 14, 2009
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
February 2009
Date Description
02 -27 -09 Complainant had questions regarding the complaint process and
timelines.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
March 10, 2009
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 -09
• r
a
ra
v
This is the Report of the Police Citizens Review Board's (the "Board ") review of the
investigation of Complaint PCRB #08 -09 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -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
E
in
0
The Complaint was received at the Office of the City Clerk on October 10, 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 January 8, 2009, and was filed with the City Clerk on January 05,
2009.
The Board met to consider the Chiefs Report on February 10, 2009 and March 10, 2009. 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."
O
n r°;
C
M ai
ALLEGATIONS O .,
Y N
This complaint arises out of an incident that occurred on July 12, 2008, in conjunction with
an intoxicated minor female. The Complainant was arrested at the scene for Interference with
Official Acts. Complainant alleged that:
1. Complainant had to yell at Officer A to get him to assist in holding the girl.
2. The officers did not get a blanket to cover the half -naked girl in spite of Complainant's
repeated request for one.
3. Neither Officer A nor Officer B assessed the situation, asked any questions about what was
going on or used a flashlight to be able to see what was going on.
4. The officers prevented critical care of the girl by putting her flat on her back, handcuffing
her and arresting the Complainant.
5. The officers used excessive force by handcuffing the girl and treating her roughly.
6. The officers used excessive force by yanking the Complainant's left arm and pointing a
Taser at his face.
7. Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the
Officers, that Complainant was trying to start a fight or balling his fists, and that
Complainant called Officer A a sorry son -of -a- bitch.
8. Officer A used bad judgment in moving the patrol car out into the roadway while his
Complainant's wife was standing near the open door.
FINDINGS OF FACT
On July 12, 2008, at approximately 11:52 p.m., Iowa City police officers were dispatched to the
scene of the incident in regard to four people carrying an intoxicated female. Several officers
responded including Officer A, Officer B, and Officer C. Upon arrival Officer C observed a young
female located on a hill in the front yard of a house. The female was naked from the waist down. At
this time there was an older male kneeling next to the girl and bending over her. The female was
yelling and screaming. The male kneeling by the female told Officer C that he was a doctor and was
later identified as the Complainant.
Officer C approached the hysterical female and the Complainant. The Complainant was trying to
hold the female on the ground. Officer C was advised that several other persons were with the
female. Officers A and B then arrived and were advised by Officer C to attend to the female. Officer
C then spoke with two females that were with the female. They indicated that several males had
carried the female to her current location. They also indicated their friend was drunk and out of
control. They advised Officer C that the female had crawled out of a car window and had removed
her skirt on her own. Officer C then took the other females to locate the house were the party was.
2
Q
Z-5
s,. L
J
O /t!
Z5
.ice
Officer A and the Complainant attempted to control the female. Officer A and the Complainant
conflicted over their individual concerns for the female's welfare and personal safety of the officers.
The Complainant wanted the female held on her side in case she vomited and wanted a blanket to
cover her. As Officer B was assessing the situation, the female attempted to bite his arm. Officer B
brought out handcuffs to control the female. The Complainant told Officer B not to handcuff the
female.
Officer B attempted to handcuff the female and the Complainant tried to get between Officer B and
the female to prevent the handcuffing. Officer A, Officer B, and the Complainant were in close
physical proximity to each other. Officer B picked up the female and carried her to the sidewalk
where she was handcuffed. The Complainant had made physical contact with Officer A and Officer
A pushed the Complainant away from him. Officer C had heard the conflict as the Complainant
yelled demands on how he wanted the female cared for and Officer A commanded the Complainant
to not interfere
Officer C, who had come back to the location of Officers A; B, and the Complainant, stepped in to
help prevent the Complainant from interfering. The Complainant told Officer C he was a doctor and
Officer C advised him that an ambulance had been called. The Complainant called Officer C a
"fucking idiot" and questions "are you a fucking idiot ?" Officer C asked Officer A if Officer A
wanted the Complainant arrested and Officer A replies in the affirmative.
Officer C told the Complainant he was under arrest. Officer C attempted to take physical custody of
the Complainant and told him to put his hands behind his back. The Complainant ignored several
commands to put his hands behind his back. He physically resisted the arrest which caused Officer
C to request assistance from Officer A. Officer A assisted Officer C and this left Officer B alone
with the hysterical female. Due to the physical resistance by the Complainant, Officer C decided to
disengage physically from him and deploy a Taser. Officer C again repeatedly requested the
Complainant to place his hands behind his back. The Complainant told the officers he had a bad
shoulder and he did not want to get injured. Officer C told him not to resist. The Complainant was
then handcuffed and taken to a squad car by Officer A. After the female had been moved to the
sidewalk and had been handcuffed, she settled down and was covered by a blanket provided by a
neighbor.
Officer D and the ambulance arrived on scene simultaneously. The paramedics requested Officer B
go to the hospital with them and to keep the female handcuffed. At the hospital the female
attempted to bite Officer B and the emergency room staff requested she remain handcuffed. One of
the emergency room doctors ordered sedation of the female so she could be treated.
0
a a a
> V
After the Complainant was handcuffed and placed in the back of Officer A's squad car, OffiWr E
took the Complainants' spouse, to the back door of the squad car. She was allowed to talk with the
Complainant through the open back door. Officer A did not know the back door was open and
began to pull away. Officer C tapped on the left front hood to indicate Officer A should stop.
Officer A stopped the car after traveling two or three feet. The door was then closed and Officer A
transported the Complainant to jail.
The Board reviewed the Police Chief s Report, which contained a transcript of audio from in -squad
cameras; a number of statements from witnesses including the Complainants' spouse, and
communications between the Johnson County Attorney and the Complainants' attorney.
CONCLUSIONS
Allegation #1: Complainant had to yell at Officer A to get him to assist in holding the girl.
- In car audio transcripts showed the Complainant. requested assistance from Officer B,
not Officer A. The request is made one time in a normal voice and Officer B assisted the
Complainant upon request.
- NOT SUSTAINED
Allegation #2 - The officers did not get a blanket to cover the half -naked girl in spite of the
Complainant's repeated request for one.
- In car audio transcripts from two squad cars indicate the Complainant requested a
blanket on one occasion and it is believed it was made to someone other than one of the
officers. Given the volatile nature of the situation it was not possible to cover the female
until both the female and the Complainant were under control. When the female was
removed from where the Complainant was and was handcuffed, she settled down and
was then covered.
- NOT SUSTAINED
Allegation #3 - Neither Officer A nor Officer B assessed the situation, asked any questions about
what was going on or used a flashlight to be able to see what was going on.
- The Complainant was the only individual who claimed lighting of the situation was
required for an accurate assessment of the situation. A witness stated he thought a
flashlight would not be needed. The Complainant stated he had a pen light from a
neighbor.
4
7i
C
ri
)�- ; E5
Officer B had several communications with the female to assess her condiwon. Belden
Officer B's arrival and when the female first attempted to bite him was 2.5 minutes. The
questions asked by Officer B were similar to that of the Complainants' and Officer B
gave a complete overview of the situation to Officer A upon his arrival.
NOT SUSTAINED
Allegation #4 - The officers prevented critical care of the girl by putting her flat on her back,
handcuffing her and arresting the Complainant.
Due to the combative nature of the female, and subsequently the Complainant, the
officers did not have a choice as to leaving the female on her side. Both officers at the
scene are trained in dealing with intoxicated people and obstructed airways, and were
both present with the female.
The female was placed on her back in the ambulance and in the emergency room. She
was also restrained both on the cot in the ambulance and on the gurney at the hospital by
request of medical staff. This indicated that laying her on her back was not against
medical procedure and did not prevent critical care as alleged by the Complainant.
NOT SUSTAINED
Allegation #5 - The officers used excessive force by handcuffing the girl and treating her roughly.
- Upon arrival the officers were presented with an unknown situation that required they
act to ensure the safety of the female.
- The Complainant requested the officers assist him in restraining the female. When the
female attempted to bite Officer B it was decided - to handcuff the female to assist in
restraining her and for the safety of the Complainant and the officers.
- The female was not treated roughly in the handcuffing process and settled down when
she was removed from the proximity of the Complainant and Officer A. Officer B was
able to get her hands behind her back and handcuff her without more force.
- NOT SUSTAINED
Allegation 46 - The officers used excessive force by yanking the Complainant's left arm and
pointing a Taser at his face.
The Complainant was told he was under arrest and to put his hands behind his back
several times. He refused and stiffened his arms and balled his fists. He later claimed he
stiffened and did not cooperate because he did not want his shoulder injured.
The Complainant stated the officers did not use force once he relaxed his arms.
5
Officer C decided to deploy a Taser instead of physically struggle with the Complainant.
This level of force was appropriate since the Complainant was physically combative and
had aggressively closed on the officer earlier. When Officer C brought out the Taser, he
again repeatedly requested the Complainant to put his hands behind his back and the
Complainant eventually complied.
NOT SUSTAINED
Allegation #7 - Officer A lied in his ICPD report in saying the Complainant was antagonistic
towards Officers, was trying to start a fight or balling his fists, and called Officer A
"a sorry son -of -a- bitch."
- In squad car audio transcripts indicate officers inform the Complainant that he cannot
push officers and to unclench his fists.
- Officer A's report states: "You can't push me you sorry son -of -a- bitch, I'm a doctor."
This statement was not located on any squad car audio transcripts. The Complainant can
be heard saying "You can't push a doctor for that matter."
- It is believed that the words may have been said but .should not have been in quotation
marks.
- NOT SUSTAINED
Allegation #8 - Officer A used bad judgment in moving the patrol car out into the roadway while
the Complainant's spouse was standing near the open door.
- In squad car audio transcripts confirmed the car was moved by Officer A while the
Complainant's spouse and Officer E were in the open back doorway area.
- Officer C tapped on the hood to get Officer A's attention so the car would be stopped.
- The movement of a car was in the control of the Officer operating the squad car and
even though this movement may have been accidental and caused no physical injury, it
is a safety issue that needs to be addressed by the Iowa City Police Department.
- SUSTAINED
6
a
�ti
BOARD COMMENTS
None
[TI
�.
C7;J
T>
c.a
co
6
Updated 99/99/99
DRAFT
SAMPLE
POLICE CITIZENS REVIEW BOARD
SUSTAINED ALLEGATION REPORT
PCRB
INCIDENT
OFFICER
SUSTAINED ALLEGATION
COMPLAINT #
DATE
IDENTIFIER #
09 - ??
99/99/99
123456
Officer was rude and harassed
complainant.
09 - ??
99/99/99
456789
Officer was rude and harassed
complainant.
09 - ??
99/99/99
123456
Officer was rude and harassed
complainant.
Draft of Proposed Changes 03 -09
V. Identification of Officers
A. The reports of the Police Chief and the City Manager to the PCRB will
identify the officers with alpha URique identifiers, i.e. Officer A, Officer B,
same ni mbeF for sarne offinor from ono nomnlain+ +o the nov+ but and not
by name. In its public reports, hewever, the PCRB shall nr,+ use the sarne
^Rumber fer the - sane- ef;ser f� e^° r pert to the no.,+ will use the same
alpha identifier in order to guard against inadvertent identification of the
officer to the public by the PCRB. The PCRB reserves the right, however,
to identify the officer in a sustained complaint pursuant to Section 8 -8 -7 B
of the City Code and may obtain the officer's name from the City Clerk for
this purpose.
B. An allegation of misconduct or previous allegation of misconduct against
an officer is not and shall not be used by the PCRB as evidence of
misconduct.
Section 718.6 State Code of Iowa
A person who reports or causes to be reported false information to a
fire department or a law enforcement authority, knowing that the
information is false, or who reports the alleged occurrence of a criminal act
knowing the same did not occur, commits a simple misdemeanor, unless
the alleged criminal act reported is a serious or aggravated misdemeanor
or felony, in which case the person commits a serious misdemeanor.
Please ensure that the complaint you are filing with the Iowa City
Police Citizen's Review Board is truthful. In its review of this
complaint, the Iowa City Police Citizen's Review Board will
forward the information contained in this complaint to
representatives of the Iowa City Police Department. Therefore,
the above captioned State Code of Iowa may apply to a
complaint filed with the Iowa City Police Citizen's Review Board.
I have written and /or read the complaint herein and swear or
affirm it is true.
Signature
Subscribed and sworn to before me this
2
Date and time
Day of ,
Notary
J