HomeMy WebLinkAbout02-09-2010 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
February 9, 2010 - 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 01/19/10
ITEM NO. 3 NEW BUSINESS
• Discussion of Conflict of Interest
ITEM NO. 4 OLD BUSINESS
• Community Forum
• Comprehensive Review of PCRB Ordinance, By-Laws, SOP's
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 N0.9 MEETING SCHEDULE and FUTURE AGENDAS
• March 9, 2010, 5:30 PM, Lobby Conference Rm
• April 13, 2010, 5:30 PM, Lobby Conference Rm
• May 11, 2010, 5:30 PM, Lobby Conference Rm
• June 8, 2010, 5:30 PM, Lobby Conference Rm
ITEM N0.10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: February 3, 2010
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on February 9, 2010
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 02/09/10
• Minutes of the meeting on 01/19/10
• Draft #2 of Forum Summary
• Complaint Deadlines
• PCRB Office Contacts -January 2010
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 -January 19, 2010
CALL TO ORDER: Chair Donald King called the meeting to order at 5:25 p.m.
MEMBERS PRESENT: Janie Braverman, Joseph Treloar, Vershawn Young
MEMBERS ABSENT: None
STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss, Officer David Schwindt (5:35pm); and public, Caroline
Dietrele (5:39pm)
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #09-04
ADJOURN TO EXECUTIVE SESSION -NAME CLEARING HEARING
Officer signed waiver, and no hearing was held.
CONSENT
CALENDAR Motion by Braverman and seconded by Treloar to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 11/03/09
• Minutes of the meeting on 11/18/09
• ICPD General Order 99-10 (Domestic Violence)
• ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches
• ICPD P.A.U.L.A. Report -September 2009
• ICPD P.A.U.L.A. Report -October 2009
• ICPD Use of Force Report (June 2009)
• ICPD Use of Force Report (July 2009)
• ICPD Use of Force Report (August 2009)
• ICPD Use of Force Report (September 2009)
• ICPD Department Memo #09-41 (August-September 09 Use of Force Review)
• ICPD 2008 Pursuit Analysis
• Minutes of the meeting on 12/11/09
• ICPD SOG 09-02 (Lineup Procedures)
• ICPD SOG 09-03 (Show Up Procedures)
• ICPD SOG 09-04 (Juvenile Curfew)
• ICPD Quarterly/Summary Report (All Quarters) - IAIR/PCRB, 2009
• ICPD Use of Force Report (October 2009)
• ICPD Department Memo #09-43 (October 09 Use of Force Review)
• ICPD P.A.U.L.A. Report -November 2009
• ICPD P.A.U.L.A. Report -December 2009
Motion carried, 3/0, Young absent.
Braverman inquired what FAA stood for in the Iowa Police Law Analysis &
Application (November 2009) section 5, Service Animals, under Policy Consideration
on page 6. Wyss said he would have to check and would report back.
Braverman had a question regarding Show Up Procedures (SOG 09-03) and Lineup
Procedures (SOG 09-02). On the last page of the Lineup procedures there is a
PCRB
January 19, 2010
Page 2
paragraph regarding the officer not influencing the witness, providing feedback, etc.
Braverman had concerns that the same information was not stated on the Show Up
procedures. Wyss stated that they are different procedures so the directive may not
be the same, but that on page 3 of the Show Up procedures numbers 4 and 8
contained similar information. Wyss will review the two procedures and report back
to the Board.
SOG 09-04 (Juvenile Curfew), the second paragraph on page 2, Braverman pointed
out that it was confusing when you read the first sentence leading into the quotation.
She felt that grammatically something needed to be changed so the paragraph reads
as a sentence. Also at the top of page 3 there is a reference to the ordinance being
attached. Braverman wanted to make it noted that the ordinance was not attached
to the review copy and wanted to be sure itwas attached to whatever PD was using.
Braverman also asked what anon-schedule violation was. Wyss explained that a
non-scheduled violation does not have a set amount for a fine and that it is up to the
judge's discretion and in this case could not exceed $50.
Braverman asked for clarification regarding the monthly Use of Force report for
October and the October Use of Force Review in which the monthly report indicated
that OC was deployed in two incidents and the Review indicated one occasion.
Wyss explained that the Review records the highest level of force for each incident
per officer using the example of the monthly report where OC was deployed in two
incidents but in one of the incidents a Taser was also discharged so the Taser was
recorded on the Review instead of the OC.
NEW BUSINESS Discussion of Conflict of Interest -The Board agreed to table this item until the next
meeting when all members were present.
Braverman stated that one publically asked question regarding Martial Law and if the
federal government imposed Martial Law, who would be in charge. Braverman
reported that the federal government would be in charge and not the local police
department.
OLD BUSINESS Community Forum -The Board discussed and suggested changes to the draft
summary. Braverman will make the changes and a second draft will be in the
February meeting packet.
(Legal Counsel left 6:48pm)
Service Animal Training Update on Iowa Police Law Lesson Plan (Nov09) -See
consent calendar discussion.
Comprehensive Review of PCRB Ordinance By-Laws, SOP's -Braverman passed
out an outline of how she thought the review process should happen and asked
Board members to go over the ordinance for the February meeting and make a list of
suggested changes to discuss. Copies of Braverman's suggestions were also
handed out at the meeting.
PUBLIC
DISCUSSION None.
PCRB
January 19, 2010
Page 3
BOARD
INFORMATION None.
STAFF
INFORMATION woulld be announced atthle next Counc I meet g. fDeadl nes fordappld~ications will be
Wednesday, February 24, 2010.
EXECUTIVE
SESSION Motion by Braverman and seconded by Treloar 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, 3/0, Young absent.
Open session adjourned at 7:10 P.M. (Break before executive)
REGULAR
SESSION Returned to open session at 7:40 P.M.
Motion by Braverman, seconded by Treloar to forward the Public Report as amended
for PCRB Complaint #09-04 to City Council.
Motion carried, 3/0, Young absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
February 9, 2010, 5:30 PM, Lobby Conference Rm
March 9, 2010, 5:30 PM, Lobby Conference Rm
• April 13, 2010, 5:30 PM, Lobby Conference Rm
• May 11, 2010, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Braverman and seconded by Treloar.
Motion carried, 3/0, Young absent. Meeting adjourned at 7:42 P.M.
POLICE CITIZENS REVIEW BOARD
ATTENDANCE RECORD
YEAR 2010
TERM
EXP 1/19
NAME .
Janie 9/1/12 X
Braverman
Donald King 9/1/11 X
Joseph
l 9/1/13 X
oar
Tre
Vershawn
Young 9/1/13 O
Abigail
Y
d 9/1/12 --- --- --- ---
er
o
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
January 19, 2010
To: City Council
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Citizen
Dale Helling, Acting City Manager
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Sam Hargadine, Chief of Police ~~ ~' i°'
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From: Police Citizen's Review Board "~
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Re: Investigation of PCRB Complaint #09-04
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB #09-04 (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 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 8-8-7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was initiated by the Citizen on June 25, 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 Chiefs Report was completed on September 18, 2009 and was filed with the City Clerk on
September 18, 2009.
The Board met to consider the Chiefs Report on October 13, November 3, December 11, 2009 and
January 19, 2010. At the October 13, 2009 meeting 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".
Page 1
FINDINGS OF FACT
On June 19, 2009 the Citizen tried to enter a private party sponsored by Iowa City Night Life at the
Industry. Citizen was denied entry by two employees and the bar owner. Citizen refused to leave
and the police were called. Officer A arrived and made contact with the Citizen and obtained
identification from him. After a check for warrants was negative, Citizen agreed to leave. Prior to
Citizen leaving the area, the officer noticed a wrist band on the Citizen, which the officer associated
with downtown bars issuing to patrons who drink. The officer then asked the Citizen if he had been
drinking and he replied "yes." The officer reestablished contact with the Citizen to assess his level
of intoxication, since the Citizen lived quite a distance away, and might attempt to drive. Officer A
was then able to determine that Citizen was not intoxicated and Citizen was then allowed to leave.
ALLEGATION o
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Citizen alleges that Officer A harassed him during the incident of June 19~',
There is no evidence that shows Officer A violated Iowa Code section 708~~ deNfmitio~f
harassment which provides: ="~ ~ ~
708.7 HARASSMENT. ~ w
1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm
another person, the person does any of the following:
(1) Communicates with another by telephone, telegraph, writing, or via electronic
communication without legitimate purpose and in a manner likely to cause the other person
annoyance or harm.
(2) Places a simulated explosive or simulated incendiary device in or near a building,
vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
(3) Orders merchandise or services in the name of another, or to be delivered to another,
without the other person's knowledge or consent.
(4) Reports or causes to be reported false information to a law enforcement authority
implicating another in some criminal activity, knowing that the information is false, or reports
the alleged occurrence of a criminal act, knowing the act did not occur.
b. A person commits harassment when the person, purposefully and without legitimate
purpose, has personal contact with another person, with the intent to threaten, intimidate, or
alarm that other person. As used in this section, unless the context otherwise requires, 'personal
contact" means an encounter in which two or more people are in visual or physical proximity to
each other. "Personal contact" does not require a physical touching or oral communication,
although it may include these types of contacts.
The officer had reason to believe that the Citizen may have been drinking and could possibly be
driving and therefore reinitiated contact after releasing him. According to the Citizen and witnesses,
the Citizen did not stop for questioning by the officer and Officer A had to follow him to get him to
stop. After determining that the Citizen was not intoxicated, Officer A allowed the Citizen to leave.
The Citizen did not show up for scheduled interviews with investigators and none of the witnesses
listed by the Citizen could corroborate any police harassment. NOT SUSTAINED
Page 2
COMMENT
While the Citizen may not have been harassed under the definition of the Iowa Code, the Citizen
felt he had been harassed because he was stopped, then let go, and then stopped a second time. Had
the officer stopped him and completed his investigation in a single stop, the Citizen would not have
felt harassed. The PCRB feels it's important that the officers behave in a way that the citizens don't
feel harassed and that this particular agitation could have been avoided.
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Page 3
February 9, 2010 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #09-05
Filed: 06/30/09
Chief's Report due (90days): 09/29/09
Chief's Report filed: 09/23/09
PCRB Mtg #1 (Review) 10/13/09
PCRB Mtg #2 (Review) 11/03/09
PCRB Mtg #3 (Review) 12/11/09
PCRB Mtg #4 (Review & Assign) 01/19/10
PCRB Report due (45days): 11/09/09
PCRB 60-day Ext Request: 01/08/10
PCRB Additional 60-day Ext Request: 03/09/10
PCRB MEETING SCHEDULE
March 9, 2010
April 13, 2010
May 11, 2010
June 8, 2010
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
January 2010
Date Description
1-7-10 Mailed complaint form and brochure to citizen.
[dYl~ t#2 letter to City Council; from PCRB] [matters in italics are for PCRB discussion)
Re: November 18, 2009 Police Citizen Review Board Community Forum
The second annual Police Citizen Review Board Community Forum was held at 7:00 pm
on Wednesday, November 18, 2009, in Emma J. Harvat Hall, 410 E. Washington Street. The
purpose of this letter is to summarize the Community Forum and to set forth the PCRB's report
and recommendations to the City Council. A copy of the transcript of the Community Forum is
available from the City Clerk.
The meeting was called to order at 7:00 pm by Don King, Chair. Other members present
were Janie Braverman, Joseph Treloar (7:14) and Vershawn Young. Abbie Yoder was absent.
Catherine Pugh, Legal Counsel; Kellie Tuttle, Staff; and Sam Hargadine, Chief of Iowa City
Police Department, were also present. We are pleased that Mayor Regenia Bailey also attended.
Mr. King announced that copies of the following were available at the door: (i)
applications for the 13t" Annual Citizens Police Academy, (ii) the PCRB complaint form and
information sheet, and (iii) the Iowa City Police Department's written Use of Force Policy,
General Order O5.
The board members introduced themselves, then Mr. King presented an overview of the
PCRB. In addition to describing the PCRB's charge and jurisdictional limits, he reported that
during fiscal year July 2008 to June 2009, nine (9) complaints were filed with thirty-three (33)
allegations. Of those allegations, thirty-two (32) were not sustained and one (1) was sustained.
At the request of the PCRB, Chief Hargadine then gave a presentation on the Iowa City
Police Department's Use of Force Policy.
Approximately nine (9) members of the public attended. Six (6) residents of Iowa City
spoke during the public discussion with the PCRB, including one (1) Iowa City Police
Department officer, who spoke as a private citizen. Their comments and questions can be
summarized as follows, with the PCRB's comments following in italics:
1. Location and Format of Community Forum. There appeared to be a consensus
among those speaking that the PCRB should hold future forums in differing venues, going to the
neighborhoods rather than asking the residents to come to City Hall. There was also a specific
request to focus the forum on public discussion rather than presentations by either the PCRB or
the ICPD or, at the least, to have the presentations at the end of the forum, rather than the
beginning. There was also a suggestion that better publicity was needed.
The PCRB concurs that better public attendance at the forums and better public access to
the PCRB is desirable. The PCRB intends to schedule future forums in other locations in the
future and will seek citizen questions prior to the forum, so that we may be better prepared to
answer those questions. One forum that the PCRB is considering would be held in one of the
southeast Iowa City neighborhoods and would focus on the new juvenile curfew ordinance.
The PCRB will attempt to make PCRB complaint forms available at locations other than
the City Clerk's officer and/or the ICPD, such as the community centers and the public libraries.
The PCRB will also post this letter on the City website.
2. Use of Force. There was lengthy discussion about the ICPD's Use of Force
Policy. Questions included whether the police offers were armed with too much weaponry;
whether less lethal force could be used other than shooting for center body mass -such as
shooting for other body parts or firing warning shots; whether police officers should be given the
benefit of the doubt in the event of the lethal use of force; whether police officers have any
discretion in the use of lethal or less lethal force; whether a person with a knife is a real threat to
a police officer armed with a gun.
Training and education were discussed. Several people talked about the value of training,
education and more interaction with the community on the part of the ICPD. Concerns were
raised about the racial and class overtones of some of the tension in parts of Iowa City. Mr. King
mentioned the new Community Crime Prevention Officer.
There was discussion as to the source of various portions of the Use of Force policy -
local ordinances, state law and federal law as interpreted by the United States Supreme Court -
and what it would take to make changes to the policy.
Dr. Young pointed out that part of the PCRB's charge is to look at policy so that even if
an officer does nothing that is contrary to policy, the PCRB will look at whether the policy is
appropriate or should be changed.
The PCRB encourages the ICPD to continue its efforts in public education through the
Community Crime Prevention Officer and other efforts.
3. Counseling Following Use of Force. In his presentation, Chief Hargardine stated
that he had the discretion to send officers involved in use of force resulting in death or serious
injury to post-traumatic stress counseling. One resident asked if the PCRB had any information
on how many, if any, officers had been sent to counseling.
The PCRB inquired of the Police Chief and was told that the information is a personnel
matter and could not be disclosed.
4. ICPD Priorities. One resident asked specifically how one would register any kind
of opinion about how enforcement priorities are set for the ICPD, whether it would be the PCRB,
the City Council, the Police Chief, and/or the City Manager. This is a question that has been
raised to the PCRB in the past.
2
The PCRB supports and concurs with the Mission Statement and Department Goals and
Objectives of the ICPD as set forth in General Order 95-02, which is available for review at
http //www ic~ov org/site/CMSv2/File%lice%eneralOrders/~enorderS.pdf The PCRB believes
that any complaints regarding the Goals and Ob~ectrves or allocation of resources should be
directed to and answered by the City Council.
5. Ammunition Restrictions. One resident asked about ICPD policies with regard to
ammunition, expressing a specific concern about the use of hollow point bullets.
General Order Number 00-08, Weapons, describes ICPD policy with regard to weapons
and ammunition. The PCRB will send a copy of that General Order to the resident who
inquired. A copy is also available for review at
htt~ //www ic~ov org/site/CMSv2/File/police/QeneralOrders/~enorderl4.z~df
6. PCRB Past Performance. One resident asked whether, in light of the fact that
thirty-two (32) out of thirty-three (33) complaints in the last fiscal year were held to be not
sustained, the PCRB is doing its investigative job.
The PCRB has discussed this question. Our board is composed of a diverse group of
citizens of Iowa City who bring a broad range of experience and perspective to bear on the
matters before us. We believe that the time we spend on each Complaint, as well as the level of
review regarding each Complaint, is appropriate, and that our work as a Board, rather than
statistics about our findings, is the measure of how we are doing our investigative job.
The PCRB is available to discuss any of the foregoing, should the City Council wish.
Sincerely,
DK,
Chair, PCRB