HomeMy WebLinkAbout09-14-2010 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
September 14, 2010 - 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 08/10/10
• ICPD P.A.U.L.A. Report -July 2010
• ICPD P.A.U.L.A. Report -August 2010
ITEM NO. 3 CONSIDER MOTION APPOINTING A TEMPORARY VICE CHAIR
ITEM NO. 4 NEW BUSINESS
• Select Nominating Committee
• City Manager Search Process
ITEM NO. 5 OLD BUSINESS
• Community Forum
ITEM NO. 6 PUBLIC DISCUSSION
ITEM NO. 7 BOARD INFORMATION
ITEM NO. 8 STAFF INFORMATION
ITEM NO. 9 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. 10 MEETING SCHEDULE and FUTURE AGENDAS
October 12, 2010, 5:30 PM, Lobby Conference Rm
November 9, 2010, 7:00 PM, TBA -Community Forum
December 14, 2010, 5:30 PM, Lobby Conference Rm
ITEM NO. 11 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: September 8, 2010
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on September 14, 2010
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 09/14/10
• Minutes of the meeting on 08/10/10
• ICPD P.A.U.L.A. Report -July 2010
• ICPD P.A.U.L.A. Report -August 2010
• E-mails regarding City Manager Search Process
• Complaint Deadlines
• PCRB Office Contacts -August 2010
• Updated Board Member Contacts
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 -August 10, 2010
CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Royceann Porter, Peter Jochimsen, Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Staff Catherine Pugh (5:36p) and Kellie Tuttle
OTHERS PRESENT: Captain Wyss of the ICPD and public, Dean Abel
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #10-03
(2) Accept PCRB Annual Report
CONSENT
CALENDAR Motion by Porter and seconded by Jochimsen to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 07/21/10
• ICPD General Order 95-04 (Administration of Department Training)
• ICPD General Order 00-03 (Less Lethal Impact Munitions)
• ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest)
• ICPD General Order 00-09 (Organization)
• ICPD General Oder 01-06 (Juvenile Procedures)
Motion carried, 4/0.
The Board discussed and agreed to only listing the General Orders on the
agenda and cover sheet and not including them in the packet. The members
would then go on-line to read them before the meeting.
Treloar stated that there are many acronyms within the general orders,
specifically 00-09 Organization, and that it may be helpfully to the public to spell it
out. Treloar also asked who was in charge of giving out information to the press.
Wyss stated it is the Sergeant of Planning & Research that send out press
releases or does interviews with the press. If that person is not available then
either a Watch Commander or if its information pertaining to a specific case the
Investigations Commander would take care of it.
Treloar commented that it appeared about 15% of the patrol officers were
female. He asked if that was average or how it compares within the state or with
the national standards. Wyss stated that he didn't believe there was any
statistical data on those figures.
NEW BUSINESS Community Forum -Tuttle informed the Board that the Library was tentatively
booked and that the Broadway center was also available and held about 40
people. Porter suggested the Grant Wood gymnasium because it was larger.
Tuttle will check into the gymnasium. The Board would like to stick to the
southeast side if possible for a location. They also agreed to November 9th at
PCRB
August 10, 2010
Page 2
7pm. The forum will be for citizens to come and give their views on the policies,
practices and procedures of the Iowa City police department. The Board
discussed the possibility of distributing information regarding the new satellite
station.
OLD BUSINESS Update Complaint Forms -Drafts of the complaint form and brochure were
distributed at the meeting with the suggested changes.
Motion by Jochimsen, seconded by Treloar to approve the updates to the forms.
Motion carried, 4/0.
PCRB Annual Report - A second draft was included in the packet with more
information under presentations.
Motion by Treloar, seconded by Porter to adopt the annual report and forward to
City Council. Motion carried, 4/0.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Porter 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, 4/0.
Open session adjourned at 6:16 P.M.
REGULAR
SESSION Returned to open session at 6:29 P.M.
PCRB
August 10, 2010
Page 3
Motion by Porter, seconded by Treloar to forward the Public Report as amended
for PCRB Complaint #10-03 to City Council.
Motion carried, 4/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• September 14, 2010, 5:30 PM, Lobby Conference Rm
• October 12, 2010, 5:30 PM, Lobby Conference Rm
• November 9, 2010, 7:00 PM, TBA -Community Forum
• December 14, 2010, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter.
Motion carried, 4/0. Meeting adjourned at 6:32 P.M.
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POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
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August 10, 2010 ~~ ~-'
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To: City Council yr^ t ,, `a:i:
Complainant ®:- ~~`'
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Dale Helling, Interim City Manager F"' `l } ._
Sam Hargadine, Chief of Police ~-v' ~__=
Officer(s) involved in complaint - ~:_:~
From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #10-03
This is the Report of the Police Citizens Review Board's (the "Board") review of the
investigation of Complaint PCRB#10-03(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 PCRB on April 15, 2010. 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 filed with the City Clerk on July 13, 2010.
The Board met to consider the Chiefs Report on July 21 and August 10, 2010. At the July 21
meeting the Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B) (1) (a),
"On the record without further investigation."
Page 1
FINDINGS OF FACT:
On January 28, 2010 Officer A began a motor vehicle accident investigation surrounding an
incident that occurred on January 26, 2010 on South Gilbert Street. During the investigation Officer
A had phone and in person contact with Subject 1, one of the drivers and vehicle owner, and Subject
2, Subject 1's girlfriend. On February 3, 2010, Subject 1's vehicle was towed from Pheasant Ridge
Apartment complex and held by Officer A until investigation information could be ascertained from
Subject 1. On February 5, 2010 Officer A obtained arrest warrants for Subject 1 for Leaving the
Scene of a Property Damage Collision and Failure to Provide Proof of Insurance. On February 28,
2010 Subject 1 was arrested on the warrants by another officer. The vehicle was released to Subject
2 after she showed registration and insurance in her name.
ALLEGATION 1. Officer A accused Subject 2 of lying and was "very nasty" during an in person
conversation at her apartment.
Officer A stated that he never raised his voice during the interaction, nor did he speak any harsh
words. To him it was just an information gathering exchange. Officer A said that he did`iaot accuse
Subject 2 of lying during the conversation. ~~-~
-- !~
Subject 2 did not show up for her scheduled interview and did not contact:/the de~artmerit ~fo
reschedule the interview. Any additional input, explanation or insight she may i~a~e had''in regards
to this allegation is unknown. ~, -' `' ~:_, '' '
~., ,..;
Officer A also failed to document the interaction with his car video/audio, so no object~~ evidence
is available for review. ALLEGATION IS NOT SUSTAINED. `'
ALLEGATION 2: Officer A got "Very rude " during a subsequent phone call with Subject 1.
Officer A described his demeanor during the phone call as, "stern and authoritative." Officer A said
they responded by calling him a derogatory name and threatened to sue him. He said he did not
respond in kind. Officer A did not use derogatory language, nor curse at them and was not rude.
Officer A said that Subject 1 was "non-cooperative" not wanting to provide any information, saying
that he had already had a deal with Subject 3. Officer A said that Subject 1 became more "loud"
and "defiant, "with anger in his voice. Officer A said he did raise his voice in an authoritative tone.
Subject 2 then took the phone, swore at Officer A, called the whole thing a derogatory term and
hung up.
Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to
reschedule the interview. Any additional input, explanation, or insight they may have had in
regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED.
ALLEGATION 3 • Officer A went "too far" by making them "tip toe" around an officer who is
supposed to protect and serve.
Officer A initiated two interactions with Subject 2 in a two day period. He -had one additional
contact with the Pheasant Ridge Apartment manager a few days later.
Page 2
On January 29, 2010 Officer A had reason to contact Subject 2 as her address was on the vehicle
registration, the vehicle was at the apartment and Subject 2 was closely related to Subject 1. On
January 30, 2010, Officer A again had reason to contact Subject 2, as the vehicle was again located
in the apartment complex in a different location. Officer A believed that Subject 1 may be in the
area and might be at the apartment of Subject 2.
On February 3, 2010, Officer A went to Pheasant Ridge Apartment office on an unrelated matter.
During the course of the visit, Officer A spoke with the manager about his need to locate Subject 1.
This lead to the towing of Subject 1's vehicle at the request of the property manager since he was
banned from the apartment complex. Given the irresponsible and/or deceptive manner in which
Subject 1 had handled his situation with Subject 3, Officer A was expected to diligently work to
locate Subject 1, collect his information and investigate the circumstances surrounding the collision.
These two stops and the conversation with the apartment manager is not unreasonable. Any
irritation or frustration this may have caused Subject 2 is unfortunate, but is completely.Subject 1's
responsibility.
Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to
reschedule the interview. Any additional input, explanation, or insight they may have had in
regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED.
ALLEGATION 4. Officer A's actions may be motivated by Subject 1 and 2's race.
There is no evidence to support this allegation. During Subject 3's interview he was asked about
race related issues surrounding his contact with Officer A and had no reason to believe race was a
factor in Officer A's handling of the investigation. Officer A also denied that race was a factor in
his decision-making during the investigation. Additionally, there is no known complaint against
Officer A where race was a related component.
Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to
reschedule the interview. Any additional input, explanation, or insight they may have had in
regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED.
ALLEGATION 5 • The manner that Officer A handled the investigation may be influenced by him
being related to the driver of the other vehicle.
r.._~
There is no evidence to support this allegation. Both Officer A and Subject 3 defy being~•elated in
any fashion. They also state that this is the first time they have ever met. ~;; c... r L ,
i~ _
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Subject 1 and 2 did not show up for their scheduled interview and did not contac~-the departmenfto
reschedule the interview. Any additional input, explanation, or insight they; may haXe had, in
regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. ~, ~ ~ ~ -
ALLEGATION 6• Subject 1 was given a ticket "For no reason" and it "is really unfair",`=;
All information obtained in this investigation shows this allegation to be unfounded. Additionally,
Page 3
the investigation found the charges to be applicable and appropriate for the circumstances
encountered by Officer A.
Subject 1 was charged with two traffic violations: 1)Leaving the Scene of a Property Damage
accident without providing information (321.262, 321.263) and 2) Failure to Provide Proof of
Security Against Liability -Driving Without Liability Coverage (321.20B).
Subject 1 provided Subject 3 with his name and phone. Subject 3 made multiple attempts to call
Subject 1, even trying different combinations of the number given. Subject 3 was unsuccessful and
called the ICPD for further assistance. Officer A continued to have difficulty locating Subject 1
who then refused to provide his driver's license information.
Subject 1 was driving a motor vehicle in the Biotest parking lot, which is available to customers
without charge, when the collision occurred. According to the Iowa Code Section 321.20B; he is
required to have financial liability coverage in effect, regardless of whether he is at fault in the
accident. No such proof was given to Subject 3 of Officer A.
Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to
reschedule the interview. Any additional input, explanation, or insight they may have had in
regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED.
On March 25, 2010 Subject 1 was found guilty of these violations in Johnson County magistrate
Court (Iowa Courts Online).
ALLEGATION 7. Officer A failed to record his interactions with Subject 1, 2, and 3, in violation
of department policy.
This allegation was initiated by the ICPD investigator for departmental policy violation. ICPD
General Order Number 99-08; In Car Recording Devices, reads in part:
"In addition to traffic stops, officers shall manually activate the recording equipment on calls for service and on self
initiated field activity. This maybe done from the car or via the remote voice link. The remote voice link device shall be
carried by officers and utilized to record audio information outside range of the vehicle microphones."
A search for the in car video/audio of Officer A's in person interaction with Subject 3 and two in
person interactions with Subject 2 produced negative results. When asked about the lack of
video/audio of the interactions, Officer A did not indicate that there was ever avideo/audio system
failure. He believed that the policy made it an option to record such interactions instead of a
requirement. Training on the Policy has been conducted with Officer A. ALLEGATION
SUSTAINED.
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Page 4 -
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB)
consists of five members appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2010
Meetings
The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary.
During FY10 the Board held twelve meetings and one Community Forum. Five meetings were
cancelled or not held due to lack of Board business, quorum issues and weather.
ICPD Policies/Procedures/Practices Reviewed By PCRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attended the open portion of the PCRB meetings, and is available for any questions Board
members have regarding these reports.
Presentations
In November of 2009, the Board held its second Community Forum as required by the change in the
City Charter. The PCRB Chair, Donald King, gave a presentation on the complaint process and the
Police Chief, Sam Hargadine, gave a presentation on the Use of Force policy. There were six
members of the public that spoke at the forum. Topics of discussion included the following: Location
and Format of Community Forum, Use of Force, Counseling Following Use of Force, ICPD Priorities,
Ammunition Restrictions, and PCRB Past Performance.
Board Members
In September of 2009, Michael Larson and Greg Roth's terms ended and were replaced by Joseph
Treloar and Vershawn Young. In October officers were nominated with Donald King as Chair and Janie
Braverman as Vice-Chair. Abbie Yoder later resigned and was replaced by Royceann Porter in March of
2010.
COMPLAINTS
Number and Type of Allegations
Four complaints (09-06, 10-01, 10-02, 10-03) were filed during the fiscal year July 1, 2009 -June 30,
2010. Three public reports were completed during this fiscal period (09-03, 09-04, 09-05) and two
complaints were dismissed (09-06, 10-02). The remaining complaints filed in FY10 are pending before
the Board (10-01, 10-03).
PCRB Annual Report FY 2010 - (Final/Approved 08/10/10) - 1
Allegations
Complaint #09-03
1. No medical assessment was conducted when Citizen A was arrested. NOT SUSTAINED.
2. Citizen A's attackers were not pursued. NOT SUSTAINED.
3. No medical assistance or treatment was offered prior to Citizen A being placed in jail. This allegation
involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the
Iowa City Police Department. NOT SUSTAINED
4. No continued medical assessment was conducted after Citizen A fell asleep in his cell. This allegation
involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the
Iowa City Police Department. NOT SUSTAINED
5. Citizen A who had open wounds was allowed to be in the presence of others in a jail cell. This allegation
involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the
Iowa City Police Department. NOT SUSTAINED
6. Due to Citizen A's open wound, he was exposed to contaminants in the jail cell. He was not offered
gauze to protect against infection. This allegation involves Johnson County Sheriff's Department
personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED
7. Citizen A was in jail for 11 hours and while there, had no access to water to drink or clean up with. This
allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not
involve the Iowa City Police Department. NOT SUSTAINED
A statement attached to the original 09-02 complaint was from Citizen A. An investigation was
initiated on these allegations and the findings are listed below as Allegations 8 through 13:
8. Citizen A alleges that he was not read his Miranda warning. NOT SUSTAINED
9. Citizen A alleges that he was sworn at by police and demeaned by the officer's language. NOT
SUSTAINED
10. Citizen A alleges that he was threatened with force. NOT SUSTAINED
11. Citizen A alleges that he was threatened with having the police car filled with tear gas. NOT
SUSTAINED
12. Citizen A alleges that he was not allowed to tell the arresting officer his account of what happened nor
did any officer ask him for his account of what happened, nor was there an acknowledgement of him
having been assaulted and injured. NOT SUSTAINED
13. Citizen A alleges that while in jail, he was offered no medical attention nor was medical intervention
provided by jail staff. This issue does not involve Iowa City Police personnel and should be referred to
the other agency involved. NOT SUSTAINED
A statement attached to the original 09-02 complaint was from Citizen B. An investigation was
initiated on these allegations and the findings are listed below as Allegations 14 through 18:
14. Citizen B alleges that he was told to leave the area after Citizen A was handcuffed and was not given
the opportunity to give a statement about his and Citizen A's assault. He also alleges that the officer
was not interested in pursuing the perpetrators of Citizen B's assault. NOT SUSTAINED
15. The statement also includes references to the officers being non-responsive to his inquiries about
Citizen A and the assaults. NOT SUSTAINED
16. Citizen A also alleges that the officers threatened him with force if he did not quiet down, and that
officers were rough with him when they put him into a police vehicle. NOT SUSTAINED
17. The statement further alleges that later that night, he saw the assault suspect, tried to summon officers
who were with another subject, and they refused to assist him and refused to give him their names.
NOT SUSTAINED
18. Citizen B alleges that when he tried to pick-up Citizen A from jail, jail staff told him he could pay the
Citizen A's fine or leave. NOT SUSTAINED
Complaint #09-04
PCRB Annual Report FY 2010 - (Final/Approved 08/10/10) - 2
1. Citizen alleges that Officer A harassed him during the incident of June 19~h. NOT SUSTAINED
Complaint #09-05
1. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under
arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint
applying handcuffs too tightly to his wrists. (Violation of Iowa City Police Rules /Regulations, Section
345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT SUSTAINED
2. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under
arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint
failing to loosen handcuffs around his wrists in a timely manner after being advised then were too tight.
(Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -
Custody of Prisoners). NOT SUSTAINED
3. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under
arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint
causing inflammation (soft tissue brusing) and pain in his "carpal area". (Violation of Iowa City Police
Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT
SUSTAINED
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or more
of the six levels specified in the City Code per complaint:
Level a On the record with no additional investigation 2
Level b Interview or meet with complainant 0
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 1
City Manager, or request police assistance
in the Board's own investigation
Level a Board performs its own additional investigation 0
Level f Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police
Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the
PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the
City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both
the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations
should be sustained or not sustained. The Board prepares a report which is submitted to the City
Council.
Of the twenty-two allegations listed in the three complaints for which the Board reported, none were
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in three of the reports:
Complaint #09-03
Both of these incidents are unfortunate, but both on-scene and post-event investigations were hampered by
the victims themselves.
Citizen A was arrested entirely on his level of intoxication and corresponding behavior that night and had
nothing to do with the fact that he was a victim of an assault. He was detained initially so officers could
PCRB Annual Report FY 2010 - (Final/Approved 08/10/10) - 3
evaluate his role in the conflict. Only as the contact between Citizen A and the police officers escalated was
the decision to arrest him made. He was arrested for public intoxication; being under the legal age; being
profoundly intoxicated; and unable to attend to his own actions safely and satisfactorily.
Citizen B was aggressive and, by his admission to Officer D, intoxicated. He did not like the way the officer
took report information, even though the officer repeated the information back to him. He challenged the
manner in which officers were dealing with a separate issue were deployed, asserting that his issue was a
priority and was defiant when told differently. He has also failed to show investigators evidence related to
his assailants identification (the cell phone photo).
Complaint #09-04
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
Complaint #09-05
The Iowa City Police Citizen's Review Board did examine records and listened to the recording from the
police car as part of their investigation into this complaint.
Name-Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after aname-clearing hearing has been held. During this fiscal period, the Board scheduled no name-
clearing hearings.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage in
the complaint process before the Board adopts its public report. All parties involved must consent to a
request for mediation. No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the names of complainants
or officers involved in unsustained complaints and must be in a form that protects the confidentiality of
information about all parties. In the three complaints covered by the FY10 annual report a total of five
officers were involved.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information is incomplete.
Category/Number of Complainants
Age: National Origin: Color:
Under 21 0 US 0 White 0
Over 21 2 Unknown 3 Black 2
Unknown 1 Unknown 1
PCRB Annual Report FY 2010 - (Final/Approved 08/10/10) - 4
Sexual Orientation: Gender Identity: Sex:
Heterosexual 2 Female 0 Female 0
Unknown 1 Male 2 Male 2
Unknown 1 Unknown 1
Marital Status:
Single 2
Married 0
Unknown 1
Physical Disability:
Unknown 3
BOARD MEMBERS
Donald King, Chair
Janie Braverman
Michael Larson /Joseph Treloar
Greg Roth / Vershawn Young
Abbie Yoder / Royceann Porter
Religion: Mental Disability:
Unknown 3 No 0
Yes 0
Unknown 3
PCRB Annual Report FY 2010 - (Final/Approved 08/10/10) - 5
~~~~~
Iowa City Police Department AUG 13 2010
P.A.U.L.A. Report -July 2010 ctcycl~rk
Iowa City, lowa
(Possession of Alcohol Under Legal Age)
Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA Visit
(occupancy loads updated Oct 'os~ visits arrests visits arrests ear-to-date
808 Restaurant & Nightclub [176] 3 1 33 52 1.576
Airliner [223] 4 0 17 3 0.176
American Legion [140] 1 0 10 0 0.000 _
Aoeshe Restaurant [156]
Atlas World Grill [165]
Blackstone [297] _
Bluebird Diner [82]
Blue Moose [436J 1 0 16 8 0.500
Bob's Your Uncle [260`] -
Bo-James [200] 2 0 13 0 0.000
Bread Garden Market & Bakery
[It's] Brothers Bar & Grill [556] 9 0 40 12 0.300
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [189] 0 0 1 0 0.000
Caliente Night Club [498] 1 _ 0 7 0 0.000
Carl & Ernie's Pub & Grill [92] 0 0 1 0 0.000
Carlos O'Kelly's [299]
Chefs Table [162]
Chipotle Mexican Grill [119]
[The] Club Car [56] 0 0 2 0 0.000
Coaches Corner [160] 0 0 1 0 0.000
Colonial Lanes [502]
Dave's Foxhead Tavern [87] 1 0 1 0 0.000
David's Place (aka Dawit's) [73] 0 0 2 0 0.000
DC's 120] 2 1 12 2 0.167
['fhe] Deadwood [218] 1 0 3 0 0.000
Devotay [45]
Donnelly's Pub [49] 0 0 3 0 0.000
[The] Dublin Underground [57] 0 0 6 0 0.000
[Fraternal Order of] Eagle's [315]
EI Banditos [25]
EI Dorado Mexican Restaurant [104]
[BPO] Elks #590 [205] ~
EI Ranchero Mexican Restaurant [161]
Englert Theatre [838]
[The] Field House (aka Third Base) (420J 4 0 39 78 2.000
Firewater [114] 0 0 8 0 0.000
First Avenue Club [280]
Formosa Asian Cuisine [149] 0 0 2 0 0.000
Gabes [261 ] 0 0 1 0 0.000
George's Buffet [75] 1 0 3 0 0.000
Givanni's [158] 1 0 1 0 0.000
Godfather's Pizza [170]
Graze [49]
Grizzly's South Side Pub [265] 0 0 8 0 0.000
Guido's Deli [20]
Hawkeye Hideaway [94]
'
[The] Hilltop Lounge [90] 1 0 2 0 0.000
IC Ugly's [72] 1 0 5 0 0.000
India Cafe [100]
Jimmy Jack's Rib Shack [71]
Jobsite [120] 1 ! 0 9 0 0.000
Joe's Place [281] 0 0 7 0 0.000
Joseph's Steak House [226J
Karaoke La Revna [781
La Reyna [49J
Linn Street Cafe [80] ~
Los Portales [161]
Martini's [200] 2 0 9 4 0.444
Masala [46]
Mekong Restaurant [89] _ _
Micky's [98] 0 0 6 0 0.000
[The] Mill Restaurant [325]
(Lo al Order of] Moose 476]
[Sheraton) Morgan's [231]
Motley Cow Cafe [82]
Okoboji Grill [222]
Old Capitol Brew Works [294] 0 0 3 0 0.000
One-Eyed Jake's [299] aka J Bar 6 0 28 30 1.071
One-Twent -Six [105
Orchard Green Restaurant [200]
Oyama Sushi Japanese Restaurant [87]
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95]
Piano Lounge [65] 1 0 1 0 0.000
Pints [180] 2 0 22 1 0.045
Pit Sm_ okehouse [40]
Pizza Hut [116]
Pizza Ranch [226]
Quality Inn/Highlander [971] _
Quinton's Bar & Deli [149] 0 0 5 0 0.000
[The] Red Avocado [47]
Rick's Grille & Spirits [120]
Riverside Theatre [118]
Saloon [120] 1 0 3 0 0.000
Sam's Pizza [174] 1 _ 0 0.000
[The] Sanctuary Restaurant [132] 0 0 2 0 0.000
Shakespeare's [90] 0 0 6 0 0.000
Short's Burger & Shine (56] 0 0 _ 2 0 0.000
Slippery Pete's [178] 2 0 11 1 0.091
Sidelines [200] 2 0 5 0 0.000
Sports Column [400] 4 0 32 32 1.000
Star Lounge [144] 0 0 3 0 0.000
Studio 13 [206] 2 0 11 0 0.000
[The] Summit [736] 7 0 46 69 1.500
Sushi Popo [84]
Takanami Restaurant [148]
TCB [250] 1 0 13 0 0.000
Thai Flavors [60]
Thai Spice [91]
Times Club @ Prairie Lights [60]
T. Spoons [102]
Union Bar [854j 3 0 29 16 0.552
VFW Post #3949 [197]
[The] Vine Tavern [170] 0 0 7 3 0.429
Vito's [320] 4 1 17 2 0.118
Wig & Pen Pizza Pub [154] 1 0 1 0 0.000
[Iowa City] Yacht Club [206] 0 0 2 1 0.500
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House 47
Totals: 72 3 518 314 0.606
Other PAULA at non-business locations: 1 45
PAULA Totals: 4 359
*includes outdoor seating area current month year-to-date
.l JI.iJJJ~
AUG 13 2010
Ciry Clerk
iewa City, Iowa
Iowa City Police Department
`E, ~ ~ ~-y a ~~P.A.U.L.A. Report -August 2010
r~ (Possession of Alcohol Under Legal AgeJ
Business Name occupancy] ~ Monthly Totals Year-to-Da te Totals PAULA Visft
loads~Rd~feb OG~' a} ! ; ;
nc visits arrests visits arrests ear-to-date
y
(occupa
808 Restaur~d~.~ v ~I!!1[g~i,]~Lt~b=[1716]'s~t~ `, 15 0 48 52 1.083
200
0
Airliner [223] 13 3
0 30
10 6
0 .
0.000
American Legion [140] 0
Aoeshe Restaurant [156]
1
0
0.000
Atlas World Grill [165] 1 0
Blackstone (297]
Bluebird Diner [82]
8
0
24
8
0.333
Blue Moose [436]
Bob's Your Uncle [260*]
0
20
0
0.000
Bo-James [200] 7
Bread Garden Market & Bakery
1
51
13
0.255
[It's] Brothers Bar & Grill [556] 11
[The] Brown Bottle [289]
4
0
0.000
Buffalo Wild Wings Grill & Bar [189] 3 0 000
0
Caliente Ni ht Club [498] 0 0 7 0
0 .
000
0
Carl & Ernie's Pub & Grill [92] 0 0 1 .
Carlos O'Kelly's [299]
CheFs Table [162]
Chipotle Mexican Grill [119]
5
0
000
0
[The] Club Car [56] 3 0 1 0 .
0.000
Coaches Corner [160] 0 0
Colonial Lanes [502]
1
0
000
0
Dave's Foxhead Tavern [87] 0 0 0 .
000
0
David's Place (aka Dawit's) [73] 1 0 3 .
111
0
DC's 120] 6 0
0 18
7 2
0 .
0.000
[The] Deadwood [218] 4
Devotay [45]
'
4
0
7
0
0.000
s Pub [49]
Donnelly 0 9 0 0.000
[The] Dublin Underground [57] 3
(Fraternal Order ot] Eagle's [315]
EI Banditos [25]
EI Dorado Mexican Restaurant [104]
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre [838]
0
37
78
2.108
[The] Field House (aka Third Base) [420] 8
Firewater [114] 7 0 15 0 0.000
First Avenue Club [280]
0
000
0
Formosa Asian Cuisine [149] 0 0 2 0 .
000
0
Gabes [261]
' 3
1 0
0 4
4 0 .
0.000
s Buffet [75]
George 0 1 0 0.000
Givanni's [158] 0
Godfather's Pizza [170]
0
2
0
0.000
Graze [49]
' 2
0 0 8 0 0.000
s South Side Pub [265]
Grizzly
Guido's Deli [20]
0
1
0
0.000
Hawkeye Hideaway [94] 1 2 0 000
0
[The] Hilltop Lounge [90] 0 0 0 .
000
0
IC Ugly's [72] 0 0 5 .
India Cafe [100]
Jimmy Jack's Rib Shack [71]
11
0
000
0
Jobsite [120]
' 2
6 0
0 13 0 .
0.000
s Place [281]
Joe
Joseph's Steak House (226]
Karaoke La Revna f781
La Reyna [49]
Linn Street Cafe [80]
Los Portales [161 ]
'
8
2
17
6
0.353
s [200]
Martini
Masala [46]
Mekong Restaurant [89]
1
091
0
Micky's (98] 5 1 11 .
[The] Mill Restaurant [325] 1 0 1 0
[Loyal Order o Moose [476
[Sheraton] Morgan's [231]
Motley Cow Cafe [82]
Okoboji Grill [222]
6
0
000
0
Old Capitol Brew Works [294] 3 0 .
One-Eyed Jake's [299] aka J Bar 3 0 31 30 0.968
One-Twent -Six [105]
Orchard Green Restaurant (200] 1 0 1 0 0.000
Oyama Sushi Japanese Restaurant (87]
Pagliai's Pizza [113]
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95]
Piano Lounge [65] 0 0 1 0 0.000
Pints [180] 5 0 27 1 0.037
Pit Smokehouse [40]
Pizza Hut [116]
Pizza Ranch [226]
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149] 3 0 8 0 0.000
[The] Red Avocado [47]
Rick's Grille & Spirits [120]
Riverside Theatre [118]
Saloon [120] 1 0 4 0 0.000
Sam's Pizza [174] 3 0 4 0 0.000
[The] Sanctuary Restaurant [132] 4 0 6 0 0.000
Shakespeare's [90] 1 0 7 0 0.000
Short's Burger & Shine [56] 1 0 3 0 0.000
Slippery Pete's [178] 1 0 12 1 0.083
Sidelines [200] 3 0 8 0 0.000
Sports Column [400] 9 0 41 32 0.780
Star Lounge [144] 0 0 3 0 0.000
Studio 13 [206] 4 1 15 1 0.067
[The] Summit [736] 9 2 55 71 1.291
Sushi Popo [84]
Takanami Restaurant [148]
TCB [250] 1 1 14 1 0.071
Thai Flavors [60]
Thai Spice [91]
Times Club @ Prairie Lights [60]
T. Spoons [102]
Union Bar [854] 6 0 35 16 0.457
VFW Post #3949 [197]
[The] Vine Tavern (170] 3 0 10 3 0.300
Vito's [320] 7 0 24 2 0.083
Wig & Pen Pizza Pub [154] 0 0 1 0 0.000
[Iowa City] Yacht Club [206] 3 1 5 2 0.400
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House 47
Totals: 194 12 702 326 0.464
Other PAULA at non-business locations: 38 83
PAULA Totals: 50
409 ~a
includes outdoor seating area
current month year-to-tlate t =-:
-- - ~
r
~__
~ = ~? a
-
' ~
E, ~ e,. ~ i -~
~
C~3 3
-
* i-, ~
3 ]
_._ _
September 14, 2010 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #10-04
Filed:
Chief's Report due (90days)
Chief's Report filed:
PCRB Mtg #1 (Review & Assign)
PCRB Mtg #2 (Review)
PCRB Report due (45days):
07/30/10
10/28/10
~?/??/??
PCRB MEETING SCHEDULE
October 12, 2010
November 9, 2010
December 14, 2010
January 11, 2010
~?/~?/?~
??/??/?~
??/??/~?
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
August 2010
Date Description
8/2/10 Complainant called with questions regarding mediation
letter.
Page 1 of 1
Kellie Tuttle
From: Marian Karr
Sent: Thursday, August 12, 2010 12:53 PM
To: Bob Hardy; Bob Miklo; Christina Kuecker; Janet Dvorsky; Jodi DeMeulenaere; Karen Jennings; Kellie Tuttle; Linda
Kopping; Marcia Bollinger; Marian Karr; Michael Tharp; Mike Moran; Misha Goodman; Sarah Walz; Stefanie Bowers;
Susan Craig; Tim Hennes; Tracy Hightshoe
Subject: City Manager Search Process
The City Council would like to involve the chairs of all City Boards and Commissions in the
search for a new City Manager by allowing them to participate in the process. Current plans
outlined by Council provide for the following:
^ City Council interviews with "semi" finalists on September 20
^ City Manager finalists interviews with Council, former Mayors, Board & Commission
Chairs and the public Meet & Greet event scheduled sometime September 27, 28 or 29.
It is the intention of Council to have the same Commission person involved in all the interviews
that week. If the Chair is unable to make that commitment it is suggested that the Chair and/or
Commission discuss a designee prior to the beginning of the process. Because of the number of
Boards and Commissions we will make an attempt to divide and schedule in smaller groups.
Until Council determines the finalists for the position I am unable to speculate on duration and/or
time commitments.
Please pass this information along to your Commission Chair, and let me know if I can answer
any questions for you.
.lYla~uarr .7{. 9CaNn, .lYi.lYIC'
City Clerk
City of Iowa City
319-356-5041 (Phone)
319-356-5497 (FAX)
Population 62,380
8/24/2010
Page 1 of 1
Kellie Tuttle
From: Marian Karr
Sent: Thursday, September 02, 2010 8:08 AM
To: Bob Hardy; Bob Miklo; Christina Kuecker; Janet Dvorsky; Jodi DeMeulenaere; Karen Jennings; Kellie Tuttle; Linda
Kopping; Marcia Bollinger; Marian Karr; Michael Tharp; Mike Moran; Misha Goodman; Sarah Walz; Stefanie Bowers;
Susan Craig; Tim Hennes; Tracy Hightshoe
Subject: FW: City Manager Interviews
Due to scheduling conflicts candidates will not be interviewing with Council on September 20 as planned.
Candidates will be in Iowa City the last week in September. Tentative plans are Council interviews on
Monday, the 27~h~ and department heads, former Mayors, and Board and Commission rep will meet the
candidates the following day. A public Meet and Greet event will be planned around those dates as well.
Please note these dates on your calendars and I will get back to you with specific times and dates as they
are firmed up.
Marian
,Ma~ua~ 9~..7fa~uc, ,M.MC'
City Clerk
City of Iowa City
319-356-5041 (Phone)
31.9-356-5497 (FAX)
Population 62,3$0
9/2/2010
Updated 09/01/10
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
Donald King, Chair
2374 Kristian St
Iowa City, IA 52240
(C) 512-8861
gohawkeyes54@yahoo. com
Joseph Treloar
2501 Holiday Rd
Coralville, IA 52241
(O) 625-2153
Royiceann Porter
136 Appanoose Ct
Iowa City, IA 52240
(H) 354-8633
(O) 721-8915
Peter Jochimsen
1010 Woodlawn Ave
Iowa City, IA 52245
(H)351-6649
Term: September 1, 2007 -September 1, 2011
Term: September 1, 2009 -September 1, 2013
Term: September 1, 2008 -September 1, 2012
Term: September 1, 2009 -September 1, 2013
Angelina Blanchard-Manning Term: September 1, 2008 -September 1, 2012
374 Westagte, Apt 6
Iowa City, IA 52246
(H)471-0181
(O) 540-4195
Catherine Pugh, Legal Counsel
4743 Dryden Ct
Iowa City, IA 52245-9250
(H) 339-4617
pugh705@hotmail.com