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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 o w Citizen Dale Helling, Acting City Manager .-~ c~ ~-3 },c-, ~ ,,,~ ®.. Sam Hargadine, Chief of Police ~~ ~' i°' Officer(s) involved in complaint ~ ~ -v ~ Q~ " ~ From: Police Citizen's Review Board "~ ca 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 ~ o 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. a 0 ~ ---9 e~-~ ~' ~' ---t t7 ~ -v Q ~ -- ~ W 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