HomeMy WebLinkAbout06-08-2009 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
June 8, 2009 - 5:30 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM N0.1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 05/26/09
• ICPD General Order 89-04 (Civil Rights)
• ICPD P.A.U.L.A. Report -April 2009
ITEM NO. 3 OLD BUSINESS
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
• July 14, 2009, 5:30 P.M., Lobby Conference Room
• August 11, 2009, 5:30 P.M., Lobby Conference Room
• September 8, 2009, 5:30 P.M., Lobby Conference Room
• October 13, 2009, 5:30 P.M., Lobby Conference Room
ITEM N0.10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: June 3, 2009
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on June 6, 2009
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 06/08/09
• Minutes of the meeting on 05/26/09
• ICPD General Order 89-04 (Civil Rights)
• ICPD P.A.U.L.A. Report -April 2009
• Complaint Deadlines
• PCRB Office Contacts -May 2009
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 -May 26, 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 (5:36) and Staff Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss, and Officer David Schwindt of the ICPD; public,
Caroline Dieterle and Dean Able
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 03/10/09
• ICPD General Order 98-01 (Written Directive System)
• ICPD General Order 99-03 (Prisoner Transport)
• ICPD General Order 99-04 (Canine Operations)
• ICPD General Order 00-03 (Less Lethal Impact Munitions)
• ICPD General Order 01-01 (Search and Seizure)
• ICPD SOG#09-01 (Vehicle Crash Review)
• ICPD Quarterly /Summary Report (Quarter 1) - IAIR/PCRB, 2009
• ICPD P.A.U.L.A. Report -March 2009
Motion carried, 5/0.
Braverman noted that she was unable to review the consent calendar items and may
have questions at the next meeting.
OLD BUSINESS None.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION Tuttle passed out a late memorandum regarding proposed budget reductions for the
PCRB. The Board was informed that the proposed reductions were taken from
Attorney Services and asked if they wanted to be more informed of the actual figures
throughout the year. It was agreed that Tuttle would keep them informed.
PCRB
May 26, 2009
Page 2
EXECUTIVE
SESSION
REGULAR
SESSION
Motion by Yoder 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
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 5:37 P.M.
Returned to open session at 6:36 P.M.
Motion by King, seconded by Roth to set the level of review for PCRB Complaint
#09-01 to 8-8-7 (B)(1)(a), On the record with no additional investigation.
Motion carried, 5/0.
Motion by King, seconded by Roth to reschedule the June 9th meeting to June 8th
due to timelines and scheduling.
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• June 8, 2009, 5:30 PM, Lobby Conference Rm
• June 9, 2009, 5:30 PM, Lobby Conference Rm (Rescheduled to June 8)
• July 14, 2009, 5:30 PM, Lobby Conference Rm
• August 11, 2009, 5:30 PM, Lobby Conference Rm
• September 8, 2009, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Braverman and seconded by King.
Motion carried, 5/0. Meeting adjourned at 6:44 P.M.
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Iowa City Police Department _
P.A. U . L.A. Report -April 2009 I~ ~
(Possession of Alcohol Under Legal Age) __
~ 7 P~i 2= 2 2
Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA Visit
(occupancy loads updated Oct ~os) visits ~ arrests visits ~ arrests ear-fo- '~:~ ~ ° c
808 Restaurant & Nightclub [176J 4 3 17 18 1. 59`-'~3`;4; s, r '(,
4` .~.
Airliner [223] 3 0 18 10 0.556
American Legion [140] 3 0 0.000
Aoeshe Restaurant [156j
Atlas World Grill [165] 5 0 0.000
Blackstone [297]
Bluebird Diner [82]
Bob's Your Uncle [260']
Bo-James [200] 2 0 14 0 0.000
Bread Garden Market & Bakery [?]
[It's] Brothers Bar & Grill [556] 5 0 35 9 0.257
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [189] 2 0 0.000
Cafe Z [56]
Caliente Night Club [498] ~oPe~ea rnnR~ 9 0 13 0 0.000
Carl & Ernie's Pub & Grill [92] 2 0 6 0 0.000
Carlos O'Kelly's [299]
Chipotle Mexican Grill [119]
[The] Club Car [56] 3 0 0.000
Club Furia [280] 6 0 17 0 0.000
Colonial Lanes [502]
Dave's Foxhead Tavern [87] 2 0 0.000
David's Place (aka Dawit's) [73] 3 0 0.000
DC's [120] 1 0 15 3 0.200
[The] Deadwood [218] 6 0 0.000
Devotay [45]
Donnelly's Pub [49] 1 0 7 0 0.000
[The] Dublin Underground [57J 1 0 6 0 0.000
[Fraternal Order of] Eagle's [315] 2 0 0.000
EI Dorado Mexican Restaurant [104]
[BPOJ Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre [838]
Etc [178] 6 5 28 44 1.571
Fiesta Mexico (aka Farras) [200] 3 0 8 0 0.000
[The] Field House (aka Third Base) [420] 4 16 31 54 1.742
Firewater [114) 2 1 0.500
Formosa Asian Cuisine [149] 1 1 1.000
George's Buffet [75] 3 0 0.000
Givanni's [158]
Godfather's Pizza [170]
Graze [49] 3 0 0.000 _
Grizzly's South Side Pub [265] _ 6 0 0.000
Guido's Deli [20]
Hawkeye Hideaway [94] 3 0 0.000
[The] Hilltop Lounge [90] 5 0 0.000
IC Ugly's [72J 5 0 0.000
India Cafe [100] __
[The] Industry [436] __ 7 0 0.000
Jimmy Jack's Rib Shack [71] 3 0 0.000
Joe's Place [281] 1 0 _ 8 0 0.000
Joseph's Steak House [226]
Kamodo Klub [144] 1 0 6 1 0.167
Kandy Land [120] 4 0 0.000
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Karaoke La Reyna [78]
La Casa [300]
La•Reyna [49] 1 0 0.000
Linn Street Cafe [80]
Los Cocos [99] 21 0 59 0 0.000
Los Portales [161] -
Martini's [200] 1 0 8 0 0.000
Masala [46]
Mekong Restaurant [89]
Micky's [98] 5 0 0.000
[The] Mill Restaurant [325] 2 0 0.000
[Loyal Order of] Moose [476]
Monica's Italian Bistro & Pizzeria [160]
[Sheraton] Morgan's (231] ~ 3 0 0.000
Motley Cow Cafe [82]
Okoboji Grill [222] ~
Old Capitol Brew Works [294j 2 0 0.000
One-Eyed Jake's [299] 2 3 16 21 1.313
One-Twenty-Six [105]
Oyama Sushi Japanese Restaurant [87]
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95]
Piano Lounge [65] 7 0 0.000
[The] Picador [261 ] 5 0 0.000
Pints [180] 5 1 22 6 0.273
Pit Smokehouse [40]
Pizza Hut [116]
Pizza Ranch [226]
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149] 4 0 0.000
[The] Red Avocado [47]
Rick's Grille & Spirits [120] 2 0 0.000 __
Riverside Theatre [118]
Saloon [120] 1 0 7 1 0.143
Sam's Pizza [174] 2 0 0.000
[The] Sanctuary Restaurant [132] 2 0 0.000
Shakespeare's [90] 1 0 5 0 0.000
Short's Burger & Shine [56] 1 0 7 0 0.000
Sports Column [400] 7 3 29 53 1.828
Studio 13 [206] 6 0 0.000
[The] Summit [736] 4 12 30 59 1.967
Sushi Popo [84]
Takanami Restaurant [148] 2 3 2 3 1.500
TCB [250] 3 0 20 0 0.000
Thai Flavors [60]
Thai Spice [91]
T. Spoons [102]
Union Bar [854] 7 3 28 25 0.893 `
VFW Post #3949 [197]
[The] Vine Tavern [170] I 3 0 _ 0.000
Vito's [320] 4 1 2 13 4 0.308
Wig & Pen Pizza Pub [154] 1 0 3 0 0.000
[Iowa City] Yacht Club [206] 6 0 0.000 _
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House [47]
Totals: 109 51 596 313 0.525
Other PAULA at non-business locations: 8 32
PAULA Totals: 59 345 -:
"includes outdoor seating area
current month year-to-date
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LEG-01.1
CIVIL
RIGHTS
Effective Date Section Code _
Ma 28, 2009 LEG-01
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C.A.L. E.A. Reference '' c
1.2.3, 1.2.5
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INDEX AS:
Civil Rights
Rights, Civil
Rights, Individual
Arrests
Warrants
Search and Seizure
Use of Force
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I. PURPOSE
The purpose of this order is to consolidate the policy of the Iowa City Police
Department on civil rights as already expressed in current Department rules,
directives, and other publications. This order will reaffirm the Department's
determination to observe, uphold, and enforce all laws pertaining to the individual
rights of each person without regard to age, race, color, creed, religion, sex,
national origin, economic status, marital status, disability, sexual orientation or
gender identity.
II. POLICY
It is the policy of the Iowa City Police Department to ensure that the civil rights of the
citizens of Iowa City are upheld. Members of the department shall ensure that all
constitutional protections are afforded those parties with whom the department is
involved.
LEG-01.2
III. PROCEDURES
INDIVIDUAL RIGHTS
A. All persons are guaranteed protection against unlawful arrest and
unreasonable search or seizure. (see general order 00-01, Search and
Seizure)
B. Department personnel shall uphold these rights by:
1. Taking a person into custody only when there is reasonable grounds to
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a. An arrest warrant exists for the person, or _ ,
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b. The person has committed or is committing a violation of the Ia~N. `" iy~ a
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c. The person may be a harm to themselves or others e. r, ~,
2. Entering a private dwelling only when he/she: ~'
a. Has in his/her possession a search warrant authorizing him/her to do
so, or
b. Has reason to believe that immediate entry is necessary to protect a
person within such private dwelling from death or serious injury, or
c. Can otherwise legally justify his/her action.
3. Taking from an individual only such property as he/she is legally
authorized to take, and recognizing that he/she is responsible and must
account for all such property.
C. When making an arrest or searching and seizing property, Department
personnel shall use only such force which is reasonable and necessary
and in compliance with departmental directives pertaining to the use of
force. (see general order 99-05, Use of Force)
D. At all times Department personnel shall:
1. Never exhibit any bias or prejudice against any group or individual.
2. Act, speak, and conduct themselves in such a manner as to treat all
persons with courtesy and with that respect due to every person as a
human being.
LEG-01.3
CITIZENS GUARANTEE
A. All persons of this country are guaranteed the right to seek redress of
grievances by:
1. Freedom of speech
~~;
2. Peaceful assembly - `~~
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3. Peaceful picketing `~'
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4. Distribution of handbills providing such distribution is not in cie~~lict with~~-
the provisions of any City Ordinance. ~, ,,~,
B. The rights set out in paragraph A, above, while fundamental in our
democratic society, do not mean that everyone with opinions or beliefs to
express may do so at any public place and at any time. The constitutional
guarantee of liberty implies the existence of an organized society
maintaining public order, without which liberty itself would be lost in
excesses of anarchy. The exercise of these rights of free expression
must not:
1. Conflict with the governmental responsibility to keep public streets and
public facilities open and available for public use.
2. Include the use of inflammatory remarks related to any instance where a
clear and present danger of a riot against any person or group of persons
exists.
C. Resources of the Department will be employed to rapidly and decisively
enforce statutes and ordinances which provide for the protection of the
rights and property of all persons.
1. To the extent possible, Watch Commanders will assure that adequate
staffing is available to control and maintain order in every instance
where crowds have formed or are expected to forma
2. Police personnel in command at the scene of any assembly must be
aware of their responsibility to afford protection to both participants and
non-participants, and will deal with illegal acts promptly, decisively, and
impartially.
LEG-01.4
ARRESTED PERSONS
A. All persons of this country, in keeping with our democratic processes, are
guaranteed certain basic constitutional safeguards. These safeguards will
not be denied any person even though he/she has committed, or is
suspected of having committed, a criminal act.
B. Department personnel will at all times be aware of a prisoner's rights and
shall:
1. Permit the prisoner to communicate with his/her attorney and/or a family
by making a reasonable number of telephone calls.
2. Expedite all necessary processing so the prisoner will be detained no
longer than necessary.
3. Never use force or coercion in seeking admissions of guilt or confessions.
4. Recognize and respect the prisoner's right to refuse to give evidence
against him/herself; however, there is no encroachment upon a prisoner's
rights if he/she should voluntarily supply such information.
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RESPONSIBILITY '~?
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Each officer shall familiarize him/herself with the laws and Department.~irect~ves
pertaining to civil rights to insure his/her: ~~~ c° ~, ~.
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A. Recognition of each person's civil rights and ~ ~~ `~
B. Compliance with all laws and Department directives relating to c vil rigs.
VIOLATIONS
Violations of this policy may be the basis of disciplinary action up to and
including discharge from the Department. Egregious violations of persons' civil
rights may result in individual liability and/or criminal sanctions.
Samuel Hargadir~e~Chief of Police
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 a 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.
June 8, 2009 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #09-01
Filed: 02/17/09
Chief's Report due (90days): 05/18/09
Chief's Report filed: 05/14/09
PCRB Mtg #1 (Review & Assign) 05/26/09
PCRB Mtg #2 (Review Draft Report) 06/08/09
------------------------------------------------------------------------------------
PCRB Report due (45days): 06/29/09
PCRB Complaint #09-02
Filed: 04/20/09
Chief's Report due (90days): 07/20/09
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
July 14, 2009
August 11, 2009
September 8, 2009
October 13, 2009
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
May 2009
Date Description
None
Police Citizens Review Board
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356 - 5041
June 8, 2009
_ .,
To: City Council 4
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Complainant . ° '~°
Dale Helling, Interim City Manager ~~' '"~ i ~~
Sam Hargadine, Chief of Police ~~ .' ~' ~ #"'~
Officer(s) involved in complaint ~ ~~ '.„':
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From: Police Citizen's Review Board ~ o
Re: Investigation of PCRB Complaint #09-01
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8-8-7 B (2), the Board's job is to review
the Police Chief's 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 chief's 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-
BOARD'S PROCEDURE
The Complaint was received at the Office of the City Clerk on February 17, 2009. 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 18, 2009 and was filed with the City Clerk on May 14,
2009.
The Board met to consider the Chief's Report on May 26, 2009. The Board voted to review the
Chief's Report in accordance with Section 8-8-7 (B) (1) (a), "on the record with no additional
investigation."
ALLEGATIONS
This complaint came from an incident that occurred February 10, 2009. Complainant alleged
that:
Officer A maliciously made false statements to Complainant's employer about Complainant's
driving of a company vehicle which resulted in Complainant being suspended and fired from.~is
job. ~ ._
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FINDINGS OF FACT . ~ ~"
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On February 10, 2009, Officer A and Officer B were surveiling Complainant based nip ~
unrelated investigation. Officer A was following Complainant in a company vehich
Complainant recognized he was being followed and attempted to confront Officer A~To do~iis
Complainant pulled the company vehicle off the road, hanging out the window waving his herds
and arms at Office A, pulling up right behind Officer A's car, swerving the company vehicle
(within its own lane) towards Officer A's car, and yelling out the window while driving next to
Officer A. Officer A, Officer B and Complainant agree on these facts regarding Complainant's
driving behavior.
Officer A appropriately exercised his professional judgment and discretion in reporting the above
erratic driving behavior to Complainant's employer. Officer A did not and was not required to
identify his place of employment when making this report. Officer A chose not to identify
himself as a police officer so as not to compromise the investigation.
Complainant alleges that he was fired as a result of Officer A's complaint to Complainant's
company about his driving but the following shows otherwise. Complainant's supervisor
reported that there were other contributing factors which lead to Complainant being placed on
suspension at their job. Complainant's supervisor also stated that Complainant would not be
fired due to the driving complaint but would have been monitored closer in the future.
Furthermore, when interviewed Complainant admitted he quit his job.
CONCLUSIONS
Allegation: Officer A maliciously made false statements to Complainant's employer about
Complainant's driving of a company vehicle which resulted in Complainant being suspended and
fired from his job.
- Complainant agreed with both Officer A and Officer B regarding Complainant's
driving of the company vehicle.
- Officer A used professional judgment and discretion in reporting Complainant's
erratic driving behavior to Complainant's employer.
- Complainant was not fired by his supervisor but put on suspension.
- Complainant's employer stated that there were other contributing factors leading to
Complainant being placed on suspension.
- Complainant admittedly quit his job.
- NOT SUSTAINED
BOARD COMMENTS
The Board would like to support the Iowa City Police Department in creating a written policy,
procedure, rule or regulation which requires officers to request permission to leave city limits
while on duty and NOT in pursuit of a violator or suspected violator, as well as requiring that the
supervisory staff identify to the requesting officer the limits to such travel permission, and that
such policy, procedure, rule or regulation be added to the Operations Section of the Iowa City
Police Policy and Operating Procedures Manual.
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PCRB REPORT OF DISMISSAL TO THE CITY COUNCIL
Re: .Investigation of Complaint PCRB #09-02
Complaint PCRB #09-02, filed April 20, 2009, has been dismissed for lack of
standing based on City Code section 8-8-3 (B): Definition of Complaint;
Complaint Process in General:
B. Any person with personal knowledge of the alleged police misconduct
may file a PCRB complaint with the board. In order to have "personal
knowledge", the complainant must have been directly involved in the
incident or witnessed the incident. If the person with personal
knowledge is underage or otherwise unable to complete a PCRB
complaint form, the PCRB complaint maybe filed by such person's
designated representative. The city manager, the police chief, the city
council or the board itself may file a PCRB complaint based on a
reasonable belief that police misconduct has occurred regardless of
personal knowledge. The person or official filing the PCRB complaint may
hereafter be referred tQ as the "complainant".
The complainant who filed PCRB 09-02 lacked personal knowledge of the
incident as defined above. .
DATED: June 9, 2009
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