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HomeMy WebLinkAbout11-09-2010 PCRB Community ForumAGENDA POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM NOVEMBER 9, 2010, 7:00 PM THE SPOT 1030 Crosspark Ave, IC (corner of Crosspark Ave and Broadway St) ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 INTRODUCTION OF BOARD, REVIEW OF COMPLAINT PROCESS, AND CHARTER REQUIREMENT ITEM NO. 3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 4 PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM NO. 5 ADJOURNMENT We invite YOU to attend a forum. The City of Iowa City POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM WHEN: Tuesday, November 9, 2010 TIME: 7:00 PM WHERE: The Spot 1030 Crosspark Ave, IC (corner of Crosspark Ave and Broadway St) TOPIC: The Police Citizens Review Board will be holding a Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. (Find ICPD General Orders at vvww.icgov.org under Police Dept) QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by November 1St Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 Or a-mail to PCRB staff: kellie-tuttle@iowa-city.org The Board will attempt to address all correspondence received. The forum will be taped for rebroadcast. POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM November 9, 2010 PLEASE PRINT YOUR NAME AND ADDRES S NAME: ADDRE~ ~~~~~~~~5~ l ~~3 .~ ~ 1L ~_ -~~ ss: //-- ~a1~2 l~~,~Z ~~ ~ ~ C' ~~ -~S~ ~J r~ ~~~~~~ Page 1 of 1 Kellie Tuttle From: City of Iowa City [web@iowa-city.org] Sent: Monday, October 25, 2010 11:02 AM To: Kellie Tuttle Subject: PCRB Question and Comment deadline -November 1st Question and Comment deadline -Monday, November 1st The Police Citizens Review Board will be holding a Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. Send your questions or comments you'd like addressed at the forum to the following: Please include your full name and address. (All correspondence is public) PCRB /City Clerk City of Iowa City 410 E Washington St Iowa City, IA 52240 ore-mail to PCRB staff: kel lie-tuttleCa)iowa-cit~org The Board will attempt to address all correspondence received. The Forum will be held Tuesday, November 9, 2010, 7:00 PM at The Spot, 1030 Crosspark Ave, Iowa City, (corner of Crosspark Ave and Broadway St). Everyone is welcome! Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs page for employment opportunities. • View more news from the City of Iowa City. 10/25/2010 PCRB Question and Comment deadline - Contact: Kellie Tuttle November 1st Contact Phone: (319) 356-5043 Posted by: City Clerk Mailing List(s): General City News Originally Posted 10/25/2010 11:02:15 AM Page 1 of 1 Kellie Tuttle From: City of Iowa City (web@iowa-city.org] Sent: Thursday, October 07, 2010 11:19 AM To: Kellie Tuttle Subject: POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM The Police Citizens Review Board will be holding a Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. WHEN: Tuesday, November 9, 2010, TIME: 7:00 PM WHERE: The Spot 1030 Crosspark Ave, IC (corner of Crosspark Ave and Broadway St) Questions & Comments: Send your questions or comments you'd like addressed at the forum to the following by November 1st: Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 ore-mail to PCRB staff: kellie-tuttleCa)iowa-citv.ora The Board will attempt to address all correspondence received. The forum will be taped and rebroadcast on the Interactive City Channel 5. The agenda is available at: http~!/www icaov ora/default/apps/boards/boardList.asp Do not reply directly to this a-mail! It is produced from an automated system, and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs page for employment opportunities. • View more news from the City of Iowa City. 10/7/2010 POLICE CITIZENS REVIEW BOARD COMMUNITY Contact: Kellie Tuttle FORUM Contact Phone: (319) 356-5043 Posted by: City Clerk Mailing List(s): General City News Originally Posted 10/7/2010 11:19:08 AM Page 1 of 1 Kellie Tuttle From: WELSHBOB@aol.com Sent: Monday, October 25, 2010 11:46 AM To: Kellie Tuttle Subject: Re: Police Review Bob Welsh 84 Penfro Drive Iowa City, Iowa 354-4618 Page 1 of 1 Kellie Tuttle From: Kellie Tuttle Sent: Monday, October 25, 2010 11:30 AM To: 'WELSHBOB@sol.com' Subject: RE: Police Review Thank you for your correspondence to the Board. Could you please provide your full name and address? Kellie Tuttle City of Iowa City City Clerks Office 41o E Washington St Iowa City, IA 52240 ..~319~ 356-5043 From: WELSHBOB@aol.com [mailto:WELSHBOB@aol.com] Sent: Monday, October 25, 2010 11:24 AM To: Kellie Tuttle Subject: Police Review In light if the fact that it is likely that the students will vote in large number to allow those under 21 to be in the bars after 10 PM and in light of the fact that bar owners suggested that a better way to handle~the problem is to conduct more regular sting operations .... WILL THE POLICE DEPARTMENT CONDUCT FREQUENT STING OOPEARTIONS ON ALL OF THE BARS? As one citizen I hope so. I hope that the youth and the bar owners all get the message. Iowa City is going to enforce the law and if you are drinking you are going to get arrested and if you are serving persons illegally you are going to get shut down. Police Citizens Review Board Page 1 November 9, 2010 November 9, 2009 Police Citizens Review Board -Community Forum 7:00 P.M. Members Present: Treloar, Porter, Jochimsen Members Absent: King Staff Present: Pugh, Tuttle Introduction of Board, Review of Complaint Process, and Charter Requirement: Treloar/ Welcome to the Police Citizens Review Board annual forum, community forum. I'm Joe Treloar. I'm the Vice Chair of the Police Citizens Review Board. To my right is Peter Jochimsen, Board Member; Royceann Porter, Board Member; Catherine Pugh, she's our legal counsel for the Police Citizens Review Board; uh, I call this meeting to order. Uh...okay. First up I'm going to kind of read the procedures for the Police Citizens Review Board. The Police Citizens Review Board was established in 1997. The Iowa City Citizens Review Board consists of five members, appointed by the City Council. The PCRB Board has its own coun...legal counsel. Uh, PCRB reviews reports prepared after investigation of complaints about alleged police misconduct. It then issues its own written reports that contain detailed findings of fact and conclusions that explain why and the extent to which complaints should be sustained or not sustained. The PCRB maintains a central registry of complaints against sworn police officers and prepares annual reports for the City Council on the disposition of these complaints. The PCRB reviews police policies, procedures, and practices, and may recommend modifications to them. The Board shall hold at least one community forum each Ye cedures of the Iowa City Pol ce1Department ~ The policies, practices, and pro PCRB has only limited civil, administrative review powers, and has no power or authority over criminal matters or police discipline. It is not a court of law, and is not intended to substitute for any form of legal action against the Police Department or the City. All complaints to the Board must be filed with the City Clerk within 90 days of the alleged misconduct. 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 under age or otherwise unable to complete a PCRB complaint form, the PCRB complaint may be filed by such person's designated representative. The PCRB receives a completed citizen complaint form, immediately forwards a copy to the police for internal affairs investigation. If the complaint is about the Chief, the City Manager will conduct the investigation. The Chief completes the investigation within 90 days and issues a detailed written report, that concludes with the finding that the complaint is sustained or not This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. Police Citizens Review Board Page 2 November 9, 2010 sustained. The PCRB will grant extensions from this deadline for good cause shown. Copies of the Chief s report are sent to the PCRB and to the complainant, the police officers, and the City Manager. The PCRB reviews the Chief s report and may conduct additional inve ~ei ort the Board slues a wrCtten report t atithin 45 days of receipt of the Chiefs p , contains detailed findings of fact and a conclusion that explains why and the extent to which the complaint should be sustained or not sustained. The City Council may grant extensions upon written request. Copies of the PCRB's report on the Chief s investigation are sent to the complainant, the police officers, the City Manager, and the City Council. The PCRB may recommend that the Chief reverse his findings, if it determines they are unsupported by substantial evidence, are unreasonable, arbitrary, or capricious, or contrary to Police Department policy or practice, or any federalndeateUml n xt on the agenda ish uhu ons der almotion which the PCRB works u , to accept correspondence and/or documents. Consider Motion to Acce t Corres ondence and/or Documents: Porter/ I' 11 make the motion. Treloar/ So moved by Royceann Porter. Jochimsen/ Second. Treloar/ Seconded by Peter. All in favor. Motion passes. We do have, um, an email, a correspondence. I'll read that. I don't think it's necessary to read the email's address cause it doesn't really tell us anything anyway. In light of the fact that it's likely that the students will vote in large numbers to allow those under 21 to be in the bars after 10:00 P.M., and in light of that fact that bar owners suggested that a better way to handle the problem is to conduct more regular sting operations, will the police department conduct frequent sting operations on all of the bars. Um... and then it concludes, as a citizen I hope so. I hope that the youth and the bar owners all get the message Iowa City's going to enforce the law, and if you're drinking you're going to get arrested. If you're serving persons illegally you're going to get shut down. That's a correspondence, um...we did have an opportunity to speak with the Iowa City Police Department, um...it is their policy to make routine checks in all bars. We were told that bars that have more complaints, of course, get checked on more, but um, it is important to establish good working relationships with business owners, bar owners, to have a police presence. It helps, uh, maintain security in the bar for not only the patrons, but the bar owners and they have assured us that, yes, it's their policy to check all baxs...in the Iowa City area. Okay, we're at item 4, and we'll, at this point, we'll open it up to public discussion with the Police Citizens Review Board. We do ask that if you'd like to address the Board you step up to the mic, sign in at the podium, and give us your questions. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. Police Citizens Review Board Page 3 November 9, 2010 Public Discussion: Hansen/ I have two unrelated questions. One is, from time to time there's an opening in the, uh, Police Citizens Review Board, and uh, you know, people talk and we tell our friends, you know, you ought to apply for that and so forth, and the common question that arises is, uh, how big a job is it, how many hours a month or week or whatever do you people devote to this task in meetings and homework and whatnot. My second question is, do you have some summary statistics as to how many complaints you handled in the last year or so, and in how many of those did you eventually sustain the complainant and in how many instances did you conclude that the complaint was not sustainable. Treloar/ Okay. For the first question, um, the Police Citizens Review Board meets monthly. It will meet more, if necessary. There are some times that due to guidelines, um, timeframe guidelines, we do meet a little more often. Typically our meetings last anywhere from a half an hour to...I've been at meetings that lasted three hours I think is about the longest, um, it is a fun board to sit on, um...(unable to hear person away from mic) (laughter) We're totally voluntary! (laughter) Yes, we receive no compensation! But it is a fun board to sit on and um, we try and make sure that we, um, represent all citizens of the Iowa City area. So...and...the second one was on statistics about how many complaints we've had? This year I believe we've had four... so far this year. Uh...I wasn't anticipating that question so I can't... Jochimsen/ I think there was, uh, there was an editorial in the Press-Citizen this morning, and it says that we received four complaints in fiscal year 2010, nine in fiscal year 2009, six in fiscal year 2008, and four in 2007. Treloar/ Very good! Thank you! (unable to hear person away from mic) Um... Jochimsen/ In what sense? (unable to hear person away from mic) Pugh/ Would you step up to the microphone cause we can't hear your question. Treloar/ Yeah, the people on the camera can't hear or see (laughter) Pugh/ Thank you! Hansen/ Presumably if a citizen makes a complaint, uh, when you finish your investigation or study, you either conclude that the complaint was valid and sustainable, or else that it was not sustainable, and I'm wondering of the four you had this year, nine last year and so forth, uh, is it 50/50 or are most complaints rejected or what's the...cause I think the statistics will...will bear on how likely it This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 4 is for people to submit complaints. I mean, if you reject all complaints, people are going to say what's the point. It's just an exercise in futility. So I'm... Jochimsen/ I can tell you that it is...it's not simply a yeah or a nay on a (mumbled). There are generally many portions of the allegations, a number of issues that are weighed, and since I've been on the Board is...is perhaps six months, uh, I...I know that on one occasion there were seven allegations and one of those portions of the complaint was, uh, sustained and, um, this led to, um, further, um, I want to say education, but that the officer involved went...underwent some additional discussions about the nature of that particular aspect, but the other six items that were brought up were not sustained. Hansen/ What I'm referring to is, uh, in your brochure it says within 45 days of receipt of the Chief s report the Board issues a written report that contains detailed findings of fact and a conclusion that explains why and the extent to which the complaint should be "sustained" or "not sustained," that's...that'sthe basis of my question I guess. It kind of sounds like it's up or down. Treloar/ Well, like Peter said, it's not always clear cut up or down. There...often times there are parts of the complaint that are sustained and parts that are not sustained. Hansen/ But you don't have any statistics on parts that are sustained or parts that are not sustained, I mean, so we'd get some indication as to... Jochimsen/ Well I don't...I'm certain that that is obtainable information but...if you're talking about the most recent (mumbled) flying by the seat of our pants (mumbled) if you're talking about the last four years, then it's, you know, it's...the information is obtainable, but we don't have it (several talking) Treloar/ ...I apologize, um...oh... Hansen/ Well, for the past year if there were only four, it's not really statistically large enough sample to make any kind of conclusion, but over time, if there's some cumulative statistics I think it would be helpful for the public to know... Treloar/ Sure. Hansen/ ...how these things play out. Treloar/ And there are times too that, um...we have looked at complaints that...that appeared like they weren't sustained, but we've taken extra steps, go ahead, listen to, um, recordings the police officers make, things like that, wear microphones, just to be very, very certain that...that this report should be sustained or not. We've examined all the evidence. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 5 Hansen/ Now I don't routinely look at your minutes or whatever on the web site and so maybe these things are available to the public already and I just haven't bothered to accumulate them but, uh... Treloar/ Yes they are, they're on the web. Um...I've been admonished...please ask that you state your name when you sign in. (laughter) Hansen/ Peter Hansen, 1203 Cambria Court. Treloar/ Thank you, Peter! (laughter) Dieterle/ Um, I'm Caroline Dieterle. And um, I have tried to occasionally attend your meetings, and basically I think, um, from what I, you know, very, very much, uh, person in the street, amateur, you know, sort of opinion, uh, and it seemed to me that since the Police Review Board was formed, um, there really has been an improvement in the situation, as far as the police, um, and the citizens of the city. Um, so to me it isn't as important how many complaints you have and...and whether they're sustained or not as it is that you are there, and I do thank you very much for...for doing that. The Police Chief told me at one point that because of the...of the Board, which he was not in favor of originally, uh, he had to admit that the force was a better force for having you there. So, um, I...I do appreciate the work that you do. Harper/ Uh, yes, my name's Henry Harper. And this might be a little bit off the, uh, point, but it is a police review board. Uh, I've lived (mumbled) side of town I guess like eight years now, lived in Iowa City about 12 years, and I've (mumbled) youth, teenagers here in Iowa City. (mumbled) juvenile tracker, uh, City High, juvenile liaison, and I've always heard and understood the issue of how the youths felt about a lot of the police and coming from their understanding, and so over this past year, I mean, being that we are a police review board, I think at this point for myself and some of the kids that I work with, the police need to be commended over this last year the work they've done with the youth on this side of the town. I mean, cause for myself, listening and talking to them and getting (mumbled) how this whole process work, uh, and I think the police themselves, the officer that's been on this side of town this past year has been...has not been confrontational. (mumbled) more helpful for those (mumbled) we call `knuckleheads' and kids are actually trying to do the right thing. I think they spend a lot of time trying to figure that part out before charging a lot of kids that I know of, and I hear this from them, and it's not (mumbled) I brought up, it's nothing I'm just making up. Just trying to get them to understand how the process work, and the fact that along with the police and the youth and community, and along some of these families they kind of understand the process, and so uh, I understand the complaint piece, which is very much needed, but I also believe at some point somehow a process needs to be, which there might be already in place, that when the police do do a good job, you know, it's nice to hear that sometime This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 6 too. The fact that it's not always about a complaint process. It's about the fact that officers are doing a good job and they're trying to make a difference with the youth. (mumbled) youth, you know, the duff of the duff, I...that's not my (mumbled) not my, honestly my interest because I want the kids to understand that one step belongs to another and they have a control of their own behavior and attitude, so I just myself wanted to say that over this last year (mumbled) issues we been having, over year, year and a half ago when we was going through curfew, uh, other things we were discussing, finger pointing, people blaming one another, this is why (mumbled) but over the last past year, this past summer, it's been quieter and quieter for a lot of reason, and there's been a lot of work that's been done, and for myself, I like to give credit where credit is due, you know, I like for people (mumbled) their own stuff (mumbled) you responsible for your own behavior, your own stuff, and I think the fact that everyone, along with the police, have made an effort, to make a change on this side of town, for people to understand there is a process. So for me, I just want it to be said that I commend the police on this summer and the work that they've done, trying to make things better for the community and youth especially on this side of town. So that's important to me, cause there might be a time next (mumbled) up here complaining again, but I also believe that when things have been done and people make an effort to do the right thing, I think that needs to be said, so being a police review board, I just think that's a process that I think definitely could be considered, looked at, understood, cause I think that there is times when I think the officers and some of the people that do the work need to be, uh, as they say, patted on the back, told what a good job. I'm sure they probably do it, uh, in...with their officers and people they work for, but I think as a community, it'd be nice...I think it' d be nice to know that (mumbled) making an effort, cause for me, I thought that, honestly that the effort wasn't there. You know, I felt there was (mumbled) a lot of kids charged...charge, charge, charge all the time (mumbled) but lately that hasn't been happening because there's been an effort, as I see it, from the kids' understanding, cause you (mumbled) understand they could easily be charged because they don't know when to be quiet, but I think for the officers this past year has made an effort not to charge a lot of kids, from that standpoint. Now the things that they do do, they have to deal with `em, from that standpoint they made a conscious effort, I believe, to make some positive changes in their own behavior when dealing with some of the youth or not, on the southeast side of town, so I think at this point I would like to commend them myself and uh, just thank them for trying to make a (mumbled) what's best for the community and the youth in Iowa City. Freeman/ Hi, I'm Sue Freeman, and I work in this neighborhood, and talked to a lot of folks today about the Board and um...um, trying to get folks to come, talking away about it. Um, a couple things that kept coming up today is, um, if you could clarify...I guess the structure for actually making the complaint. Um, people I know that have extensive contact with the police and maybe, um, aren't always happy with the contact with the police they don't want to go this route, in that, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 7 um, they don't want their first contact to be meeting with the Chief. Um, they're...intimidated by the process, and um, and it's not necessarily a skill set that a lot of families in this neighborhood have, as far as, um, the literacy skills, needed to write this out, um, how to sort of collect your thoughts so they seem, um, appropriate and um, the thought of having to go before an internal review, um...isn't necessarily something they want to do, and so is there thought to ever having more of an independent, um, monitoring of complaints...1 don't know if I'm making sense, but is there a way to make this more independent? Treloar/ Independent from what? Freeman/ At this point, it's the police that does an internal review, and then you check that review. And so, the person that already is making a complaint against the police department has to go and face that same department. Treloar/ Well, and... Freeman/ Does it...I don't know if I'm making sense. But, and so I just wondered, has there ever been discussion of... of separating it even further? Treloar/ You can file a complaint directly with the Police Citizens Review Board. Freeman/ Uh-huh. Treloar/ And make your complaint with them. It still goes through the same process. Freeman/ Right. It goes...I...it goes onto the police, they do their own review. Treloar/ Right. And...and then we review their review basically. Freeman/ Uh-huh. Treloar/ But there's a lot of legal reasons why that's necessary to do that. Freeman/ Uh-huh. Treloar/ Um, we can...like I said, we can investigate beyond their investigation, make recommendations contrary to their recommendations, request further action, uh, request from the City Council that further action be taken, but...we don't have any disciplinary actions, but (both talking) Freeman/ And I just, I guess I'm wondering if that's ever...if that has...has come up before, because that is definitely, um, amake-or-break-it point for folks in this neighborhood. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 8 Treloar/ Sure. (several talking) Freeman/ ...and I get there's legal stuff involved, but that...that came up all day long. Pugh/ The Police Citizens Review Board doesn't determine the way that they review complaints. That's determined by the ordinance. Freeman/ Okay. Pugh/ And that was passed 13 (both talking) yeah, so...at that time, there was a lot of discussion about how...how the Board should function. In some places a board does function independently and does their own investigation, but in our city this is the procedure that we go by. Freeman/ Uh-huh. Pugh/ Now, people that make complaints aren't going to have to sit down face to face with the Chief. It will be somebody on the police force, it'll be an investigator... Freeman/ Sure. Pugh/ ...um, but...from our, you know, reading of those meetings and so forth, I mean, they do everything they can to make those meetings comfortable. They're not confrontational. Um, this person doesn't have a spotlight on their face. It's not like an interrogation. Freeman/ Sure, sure. Pugh/ The police force wants to be better as well. They're very curious about what the complaints are, and they want to do a thorough investigation to make sure that problems are solved. Freeman/ Right. Pugh/ So, we can't say that we can change the process. That would have to be done with a change in the ordinance. But, if they were to try this process, it might not be as bad as they're expecting. Freeman/ Right, right. You know, for...I think for a lot of families, they just see it as a power imbalance. There's um...which there is, um, and I think past relationships with the police have not been successful from, you know, everybody brings their own stuff to the table, so .. . Treloar/ ...having the meeting here today is... This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 9 Freeman/ Yep! Treloar/ ...um, last year at the public forum there was concern about having it at City Hall because people might feel intimidated about coming down to City Hall... Freeman/ Yeah. Treloar/ And so we are outreaching into the community more and (both talking) Freeman/ We were brainstorming beforehand about how we could work with some neighborhood groups to help look for childcare for families and... and reduce barriers as well, and...and to make it more inclusive, and um, so that I think is commendable. Um, I have one more thing, um, is there a process in Iowa City for, um, so when people don't come forward, um, you know, there might be something... a big headline story or, uh, a police report that we're reading about - is there a process at all for somebody to investigate this...if a report isn't brought forward? Treloar/ Yes. Pugh/ Sure, I mean, there's...the police force always monitors themselves internally as well, so for any of those big situations, like (both talking) that there's an internal investigation going on. Um, the Police Citizens Review Board can also instigate their own, um, complaint, and the Board has done that in the past, um, in situations where somebody didn't want to go forward or withdrew, made a complaint and then withdrew it, and the Board felt that there was something there. So, yes, there's a couple different ways that that can happen. Freeman/ Okay, thank you. Jochimsen/ I...I...this became, um, news to me, for instance, every time an officer draws a weapon, or uses any sort of force, um, wrestles someone to the ground, uh, deploys a taser or brings one out, all of that is recorded and sent to this commission to review the rationale for that decision that was made by that officer. So none of that, I mean all of that is in the open, and that is another...uh, process where, uh, the citizenry is protected by this whole process. Freeman/ Okay. Okay, thank you. Treloar/ Thank you. Dieterle/ Caroline again. I understood from attending the meetings that a person could file their complaint with the Police Review Board, but did not have to file it with the police department. Is that correct? This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 10 Treloar/ They can file the complaint with the Police Review Board. It is investigated through the police department.. . Dieterle/ Right, but they don't have to fill out two complaints, one for you and one for the police department. It...so anyone can...in your situation that you described could just go and file the Police Review Board one. And, at, uh, one of the meetings, or two of the meetings I was at, there was a discussion going on about whether this would be made, um...um...whether it would be, uh, somehow better communicated to people who go to the police department first, that they were also entitled to complain directly to the Police Review Board. Has anything been done about making sure of that, when a person goes to the police department to complain, that they can also...they're also told that they can file with the Police Review Board. Treloar/ Um... Pugh/ They're handed both complaint forms. Dieterle/ They are? Pugh/ ...when they go to the police department. Yes. Dieterle/ Okay, well that's a...that's a good change. Thanks! Jochimsen/ Last chance. Treloar/ We're not in a hurry, if you want to sit and think about it a minute! (laughter) Hansen/ Peter Hansen again. This is a follow up to her, uh, question. Is it true that... if I witness what I think is inappropriate behavior on the part of a policeman, even though I am not the subject, I just view it from half a block away or so, if I file a complaint I necessarily will have to meet with the Chief or a supervisor or something in the police force? Because she indicated that some people are intimidated by this...this match-up and, you know, I would think that if I filed the complaint...that, where I am simply a witness to it, I wouldn't necessarily have to be interrogated or interviewed or what not. Pugh/ It's really not an interrogation, but if you file a complaint, there...there will be additional questions about what you witnessed. For instance, who was involved, whether there are other witnesses that need to be questioned, in order to thoroughly investigate whether there was misconduct...that information needs to come out. So, yes, if you file a complaint, you are going to have a phone call and you are going to be asked to sit down with somebody to get additional information. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 11 Hansen/ I question whether that would always be necessary. Pugh/ Well, I suppose you could probably come up with some situation where other people could provide that information, but generally the person that files the complaint will be the first person that's called to get the additional information. If you witnessed a complaint and gave a long list of other witnesses, or material witnesses who would know more about the situation, that kind of thing, maybe it could be avoided, but going forward and filing a complaint...you will have to answer some additional questions. Hansen/ But I can see where that...and there's an unevenness of the...of the power and what not of the two parties (both talking) so I can see where that would be intimidating and... Pugh/ ...but there's no other way to balance doing a thorough review. I mean, if...if people want police misconduct investigated, then it needs to be investigated. The questions need to be asked, and more information needs to be collected. Hansen/ Could they perhaps send a...a written query, so the questions are posted then, but in writing so that they're not face to face with a power authority that they might find kind of threatening? Pugh/ Um, that's never been suggested before, so I don't know what the answer to that would be, but I... Hansen/ That might...that might be a little less intimidating, uh... Pugh/ I know from...interviewing people and trying to get facts in cases though, often times the answer to one question will lead to additional questions, and so coming up with a set often questions that you might want to collect information on, without having an exchange on that, um, your interviewer can't be sure that they're getting the whole story. Treloar/ In response to part of your question too, it has come up when we talked about, um, in the...in the brochure it talks about receiving assistance in filing your complaint, because if somebody does have illiteracy issues and things like that, I know when that wording was put in it was suggested that they contact friends...clergy, whoever they could help them file the complaint. That's why we want to make sure that...that's covered. They don't have to write it themselves. They can (mumbled) assistance. Pugh/ One additional comment on that last exchange, um... sometimes people don't follow up with complaints. They'll file their complaint, and then they will refuse to go further with it. They' 11 refuse to meet with the investigator. They're frightened or uncomfortable, for whatever reason they don't, but the investigation This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 12 still proceeds and the PCRB still receives a complete report, but a lot of times the PCRB feels that, um, they really wish they would have heard the rest of the story or had additional questions answered, um, by the additional participation of the person that was filing the complaint, but the...the investigation still proceeds and the report is completed. (unable to hear person away from mic) The...the question is, can the complainant bring a friend to the interview and I'm sure that...that that would be, you know, whatever provisions for that person's comfort could be made. Yeah, it's not a...a legal proceeding. It's an investi...it's an information gathering proceeding. (unable to hear person away from mic) Are they told that they can do this - I don't know the answer to that, but it's something that we could perhaps talk about with the police department and...and let them know about this issue. Treloar/ Says a complaint may be failed...filed by such person's designated representative, which I mean it might be something as simple as...um, there's somebody has speech issues or is deaf or whatever and just needs interpretation. So...(unable to hear person away from mic) Could I ask you to step up to the mic so...I can imagine it'd be frustrating sitting at home watching on TV and not being able to hear your question (laughter). Hansen/ Too talkative! If I feel that I'm going to be intimidated by the person interviewing me, but if I'm told in advance I can bring my pastor or I can bring my guidance counselor from school or whatever, that might help to alleviate the...the threat I feel and so forth, but that...but the...the person who files a complaint, uh, needs to...that needs to be advertised or brought to that person's attention, because even if you allow it, if you don't let these people know that it's allowed, it's...it's not going to accomplish its intent. Treloar/ That's certainly good point for the Board to look into and make sure we do adequately address that in the future. Dieterle/ I have a question that I've...I've, uh, never really gotten a good answer to. I think I've asked it a couple times before, but I'll just try it again. Um, who...who really sets the policy, the City Council, the Chief, uh, you, uh, as to what, uh, I doubt that it's the Police Review Board, um, about what the, um, what's to be done about things that are sort of discretionary. Let's take the...the example of jaywalking. Um, now unfortunately people j aywalk all over the city and... and it is against the law, um, but very rarely are people charged with jaywalking. However, a year or two ago I know that all of a sudden dozens of tickets were being given for jaywalking, uh, to what had been unsuspecting individuals basically on Clinton Street, until the word got out that they were nailing everybody who jaywalked on Clinton Street. Um, because I guess they were thinking the traffic was being impeded by people who were walking across the street when they shouldn't. Um...but for the unlucky folks that were, you know, caught in that of course they had to pay the tickets and it was on their records and This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 13 it was...it was not a good thing. So, in a case like that, one wonders whether this was something that the Police Chief decided needed to be done. Was it the City Council who told, or the City Manager who told the Police Chief to have his men, or his officers, um, crack down on the jaywalkers, or just where does the buck stop on this, so that if a citizen wants to complain about this sort of overall bent, uh, that appears to be happening, where do they go? Um, I know that also when we had the serial groper incidents going, uh, there were a lot of people that were hoping that the focus would be shifted from downtown into the neighborhoods to try to catch this creep that was going around groping people, um, but no one doesn't have any idea to whom to address this wish, you know, in... in wanting something to be done about, you know, the discretionary disposition of where the officers are going to go and what infractions they're going to think are important. Treloar/ Um, in...who generates this, the City Council, the Police Chief, lots of times it's a combination. Usually complaints generate action, be they complaints of unsafe situations that people feel need stepped up enforcement to, or complaints of too much enforcement, um, you know, we're still...have a city council. We have a police chief and... Jochimsen/ The City Manager... or the Police Chief reports to the City Manager, and the City Manager I would presume based on directions from the Council, passes the word down. Dieterle/ Well, and...would there be any...any use in persons contacting the Police Review Board and saying, you know, can you find out why everybody's being arrested for jaywalking and...you know, this is...we need (several talking and laughing) or you know can we have somebody looking for this groper, you know, instead of doing something else. Can we, you know, voice our feelings about this to you? Would it do any good? Treloar/ I would think a better venue would be to go to a City Council meeting and voice it there. Dieterle/ Well, I've done that and what happens is (laughter) they...it's, the old buck- passing routine. They'll say, well, you know, that's not up to us. We hire a city manager and he hires the police chief and, you know, so on and if you... if you approach the Police Chief you're likely to hear that, well, it's the City Council that gives me my orders and... so it's kind of hard to pin it down. Pugh/ There's always a public session, as you know, in the PCRB meetings and, you know, the PCRB generates a lot of questions, I mean, they ask questions of the...of the Chief and...and get answers to things. So, I guess if it were a more comfortable venue to bring up issues, people would certainly be welcome to come during the public session of the PCRB and ask questions or voice concerns. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 14 Dieterle/ Well, that's another thing then that I think should be more widely publicized, as being part of your...your charge, and so that people would have the feeling that they could just come down there and mention, you know, their concerns about things like this. Pugh/ Sure, just as long as there's an understanding that PCRB doesn't have any authority over (both talking) Dieterle/ ...no, but presumably though you could talk to the Council and say, listen, we're getting a lot of complaints about x, y, z. Pugh/ Sure. Dieterle/ Okay. (laughter) Hansen/ Two more questions, and I...I promise I'll shut up! (laughter) Third paragraph says, and this is a little bit of a follow-up to Caroline's here, the PCRB reviews Police policies, procedures, and practices and may recommend modifications to them. Could you give an example within the last year of a recommended modification that you've made? Or is this...is this just sort of happy talk, uh... second question, why don't we have refreshments? (laughter) Treloar/ Well, there are budget cuts! (laughter) Um, no, we do make suggestions for modifications, um, sometimes it's as simple as...just clarification, um...police agencies sometimes use a lot of acronyms and things like that, and for the average...Joe Blow citizen, if you don't understand the acronym, it's kind of helpful to have it spelled out in more clear language in the policies and procedures, and we've actually made several, um, suggestions in that regard of...how to reword the policy so it's much more understandable to the general public. Um... Pugh/ So what the Board does is each month it receives, um, notification of any SOPs or general orders that have gone through revision or review in that last month, and so those are available on line. The Board Members review all of those and then come to the meeting with questions for the department on if there's something that's unclear to them or a why do you do this sort of question so that...they go through that review every month. Treloar/ And since we're always (mumbled) enlisting our public's assistance, um all of those policies and procedures are available on line for the citizens to review and bring their concerns to our meetings, and we would appreciate that too! So... Dieterle/ Recently, and I live in a near neighborhood to the downtown, close to where the students live, um, and what I was reading in the paper about the lack of, uh, of charges for disorderly house and that sort of thing, didn't mess with my This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. November 9, 2010 Police Citizens Review Board Page 15 experience of the noise and what not that I was...was experiencing in my neighborhood. So I understood from a friend that the police keep a log of every place that they've gone and warn people as where as places that have been charged with this sort, you know, disorderly house for instance. Um, but I don't think that...is that readily available anywhere, I mean, how does the average person find...find that out? Um, I know that the Press-Citizen does something for the, uh, fire department where they have a log of...of all of the calls on a given day, and whether it was a medical assist or whether it was a fire, or you know, what it was, and it would seem to me that a good suggestion for the police would be to make that available too, if not through the press then at least on the web site in a... in a, uh, easily, uh, you know, located spot so that a person could see really whether it was their imagination or not, you know, that there were a lot more parties in the neighborhood or, you know, whatever. Jochimsen/ It must be readily available because the radio stations get it. Dieterle/ Well, they get the...they get the ones that are actual charges, but I don't know (several talking) do they? Well, maybe they have the, uh the computer, you know, expertise that I do not in looking through the web site for the police. Um, but if there was some way to make that a little bit more obviously accessible would be nice. Treloar/ In closing, I think it's noteworthy to the extent that the Police Department goes through to become transparent. They do several measures where they monitor and record their officers and their actions and we are the only police citizens review board in the state of Iowa, and I think Iowa City citizens should be commended on, you know, requiring such a thing. Not that, you know...it's just always good to have a review process (laughter) so...do we have any other comments? Adiournment• Jochimsen/ Move that we adjourn. Treloar/ I have a motion we adjourn. Do we have a second? Porter/ Second by Porter. Treloar/ Motion by Jochimsen, seconded by Porter to adjourn. All in favor. All right. Ladies and gentlemen, thank you so much for coming. We're adjourned. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board meeting of November 9, 2010. FINALIAPPROVED POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM November 9, 2010, 7:00 P.M. THE SPOT 1030 Crosspark Ave, IC CALL TO ORDER: Vice Chair Joseph Treloar called the meeting to order at 7:00 P.M. MEMBERS PRESENT: Royceann Porter and Peter Jochimsen MEMBERS ABSENT: Donald King STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle (Transcriptions are available) INTRODUCTION OF BOARD, REVIEW OF COMPLAINT PROCESS, AND CHARTER REQUIREMENT. Treloar introduced Board members and gave a summary of the Board and the complaint process. CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS Motion by Porter, seconded by Jochimsen to accept correspondence. Motion carried 3/0, King absent. PUBLIC DISCUSSION The following individuals appeared before the PCRB: Peter Hansen 1203 Cambria Ct, IC Caroline Dieterle 727 Walnut St, IC Henry Harper 701 Chestnut Ct, IC Sue Freeman 217 Woodridge Ave, IC ADJOURNMENT Motion by Jochimsen and seconded by Porter to adjourn. Motion carried, 3/0, King absent. Meeting adjourned at 7:46 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 December 14, 2010 Iowa City City Council City of Iowa City 410 E Washington St Iowa City, IA 52240 Re: November 9, 2010 Police Citizen Review Board Community Forum To Whom It May Concern: The Police Citizens Review Community Forum was held at The Spot on Tuesday, November 9, 2010 at 7:00 p.m. Board Members Present: Treloar, Jochimsen, Porter. Board Members Absent: King. Staff Members Present: Pugh, Tuttle. There were a total of 12 persons in attendance, exclusive of Board members and the event was taped for rebroadcast on City Channel 4. Treloar introduced the Board, and read the PCRB brochure which is handed out with complaint forms. A motion was made by Porter and seconded by Jochimsen to "Accept Correspondence and/or Documents." The motion passed. Treloar noted that the Board had received one article of correspondence and read the following a-mail, but excluded the a-mail address of the sender of the a-mail: In light of the fact that it's likely that the students will vote in large numbers to allow those under 21 to be in the bars after 10:00 P.M., and in light of that fact that bar owners suggested that a better way to handle the problem is to conduct more regular sting operations, will the police department conduct frequent sting operations on all of the bars. As a citizen I hope so. I hope that the youth and the bar owners all get the message Iowa City's going to enforce the law, and if you're drinking you're going to get arrested. If you're serving persons illegally you're going to get shut down. Treloar said that the Board did speak with a representative from the Police Department and they were told that it was the Police Departments policy to make checks on all bars in Iowa City. They make more frequent checks on bars where there are problems. All bars, however, are checked as this establishes good working relationships between the bars and the police and maintains security for bar owners as well as the public. Peter Hanson asked what the time commitment was to Board members of the PCRB. He also inquired about statistics such as how many complaints the Board received last year, and of those complaints, how many were sustained and not sustained. Treloar responded that the Board meets monthly and more often when necessary. He said that meetings can be as short as half an hour and have gone as long as three hours. Treloar was asked how much the board was paid by an audience member. He responded that it was a voluntary position without pay. Jochimsen responded to Hanson's question by referring to an article in the Press-Citizen which said that the Board had received four complaints in fiscal year 2010, nine in fiscal year 2009, six in fiscal year 2008, and four in 2007. Hanson asked if most complaints were rejected or not. He questioned if people would start asking themselves what the point of making a complaint was since so few were sustained. Jochimsen spoke to how there are often several allegations in a complaint and it is not the case that they are all "simply a yeah or a nay .Jochimsen spoke to how some complaints result in having educational aspects for officers involved. No tally has been compiled of the number sustained or not sustained. Caroline Dieterle commented how since the Board has been formed there has been an improvement. Dieterle said that is was not so much a case of how many complaints were sustained or not sustained but the fact that the Board existed was beneficial. Dieterle said that the Police Chief had told her at one point that because of Board, the force was better for us being there. Dieterle thanked the Board for their work. Henry Harper commented that he worked with youth in Iowa City and wanted to commend the Police Department for their being more willing to work with youth, rather than just file charges against them. He hoped that it could be part of the process that when the police do well the Board could reflect on this too, rather than just on complaints. Sue Freeman commented on the structure of the complaint process. Freeman expressed concern that some people would not want to meet with the Police Chief as part of the complaint process. Freeman felt people may feel intimidated by this and be hesitant to want to file a complaint. Freeman was also concerned about people with poor literacy skills being able to make complaints. Freeman wondered if a citizen could make a complaint to someone other than the police department. Treloar told her that citizens could make a complaint directly to the PCRB and that it would still go through the same process. Freeman questioned the process of reviewing complaints. Pugh pointed out that the Board does not determine the way a complaint is reviewed and that that is determined in the city ordinance. Pugh also spoke to how other boards function independently and differently than the Iowa City Board. Pugh commented how the police do everything they canto try and make meeting with complainants from the community comfortable and non-confrontational. Pugh also spoke to how the police want to investigate complaints to make sure that if there are problems, they are solved. Treloar spoke to the moving of the forum from City Hall into the community to make it a less intimidating environment. Jochimsen commented on how every use of force is recorded and sent to the Board for review and that these records are very open. Jochimsen said that the whole citizenry is protected by this process. Dieterle asked for clarification that a person could file their compliant directly with the Board and would not have to also file it with the police department. Dieterle wondered if this could be better communicated to the people who go to the police department first. Pugh pointed out that when a person goes to the police department to complain, that they are handed both forms. One from the police and one from the PCRB. Dieterle said that this was a good change. Hanson asked if a person witnessed inappropriate behavior by a police officer and they filed a complaint, if they would have to meet with the Chief or a supervisor or someone from the police department. Would they have to be interrogated or interviewed. Pugh responded that there would be additional investigation into the complaint and that a witness would be asked about what they witnessed either by phone, or in person. Hansen thought that the unevenness of power could be intimidating for the complainant. Pugh pointed out that an investigation needed to be done into the allegation of misconduct, questions would need to be asked and information collected. Hansen wondered if a written query could be submitted to the witness. Pugh said that had never been suggested before and so she did not know how to respond. Treloar spoke to how a complainant could seek assistance from a friend or clergy person by someone with literacy issues and that this was in the brochure. The intent was to make sure that literacy issues did not keep someone from being able to file a complaint. Hansen thought people should be made aware that they could bring someone with them to assist them in an interview with police so they would not feel so intimidated. Treloar suggested that the Board look into doing this. Dieterle had a question on how discretionary enforcement of laws was decided. Specifically, the example of jay walking was listed, or the presence of a "groper" who atone time was practicing in an area of the City. The enforcement is one encouraged by the City Manager, to whom the Chief of Police reports, who instructs the Police as to where, when, and to what degree enforcement if carried out. It was pointed out the Board has other duties other that dealing with complaints. The Board serves as a buffer to make recommendations to the Department concerning Police policies, procedures, and general orders to make them easily understood by the citizens. Pugh spoke to how the Board reviews and comments on SOPS and general orders. Treloar said that the Board was always enlisting the public's assistance. The police policies are all posted on line and the public is welcome and encouraged to come to Board meetings with concerns or comments they may have. Dieterle wondered if there was information available to the public about when the police responded to a call such as having a disorderly house, and only issued a warning. Jochimsen said that this information must be available as the radio stations get it. Treloar gave closing comments about how the police department took several measures to be transparent and monitor their officers, how this is the only Police Citizen's Review Board in the state and that the community should be commended for this. There being no further questions, it was moved by Jochimsen, seconded by Porter, to adjourn, at 7:45P.M. The motion passed unanimously, 3-t). The PCRB is available to discuss any of the foregoing, should the City Council wish. Sincerely, Joe Treloar, Vice Chair Police Citizens Review Board cc: Chief Sam Hargadine, ICPD