HomeMy WebLinkAbout01-11-2011 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
January 11, 2011 - 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 12/14/10
• ICPD P.A.U.L.A. Report -November 2010
• Correspondence from the Hawkeye Area Chapter American Civil Liberties
Union of Iowa
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD BUSINESS
Comprehensive Review of PCRB Ordinance, By-Laws, SOP's
Motion to accept ICPD General Order 01-01 (Racial Profiling)
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on
Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential or to be kept
confidential as a condition for that government body's possession or continued
receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of
supervisors and school districts, and 22-7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure that are made to a
government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS
• February 8, 2011, 5:30 PM, Lobby Conference Rm
• March 8, 2011, 5:30 PM, Lobby Conference Rm
• April 12, 2011, 5:30 PM, Lobby Conference Rm
• May 10, 2011, 5:30 PM, Lobby Conference Rm
ITEM NO. 10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: January 5, 2011
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on January 11, 2011
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 01/11/11
• Minutes of the meeting on 12/14/10
• ICPD P.A.U.L.A. Report -November 2010
• Correspondence from the Hawkeye Area Chapter American Civil Liberties Union of Iowa
• ICPD General Order 01-01 (Racial Profiling)
• Complaint Deadlines
• PCRB Office Contacts -December 2010
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more
information see: www.NACOLE.org
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES -December 14, 2010
CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Melissa Jensen, Peter Jochimsen, Royceann Porter, Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Staff Catherine Pugh (5:38) and Kellie Tuttle
OTHERS PRESENT: Captain Wyss of the ICPD; Caroline Dieterle public
RECOMMENDATIONS TO COUNCIL
Accept PCRB Community Forum Summary
INTRODUCTION OF NEW MEMBER
King introduced Melissa Jensen.
CONSENT
CALENDAR Motion by Porter and seconded by Jochimsen to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 11/01/10
• Minutes of the meeting on 11/09/10
• ICPD Use of Force Report -May 2010
• ICPD Use of Force Report -June 2010
• ICPD Department Memo #10-29 (May-June Use of Force Review)
• ICPD Use of Force Report -July 2010
• ICPD Use of Force Report -August 2010
• ICPD Department Memo #10-35 (July-Aug Use of Force Review)
• ICPD Memo -Quarterly Summary Report (Quarter 3) - IAIR/PCRB, 2010
• ICPD P.A.U.L.A. Report -October 2010
• ICPD Public Notice
• ICPD 14th Annual Police Citizen's Police Academy
Motion carried, 5/0.
OLD BUSINESS Community Forum -Members reviewed the draft of the forum summary
prepared by Treloar and Jochimsen and made minor changes. Jochimsen
suggested at the next forum that the Board explain in more detail the process the
Board goes through in reviewing complaints and the information collected by the
investigators that the Board reviews. He also thought it would be helpful for the
public to know that many of the interactions that police have with the public when
a stop is made have audio and video of the incident.
Motion by Porter, seconded by Jochimsen to approve the amended draft and
forward to Council.
Motion carried, 5/0.
PCRB
December 14, 2010
Page 2
NEW BUSINESS The Board requested that the Comprehensive Review of PCRB Ordinance, By-
laws, SOP's be added back onto the agenda for January.
Treloar expressed interest in attending the Citizens Police Academy and asked if
forms are available.
Treloar referenced the Use of Force reports and when there is a call for an
injured deer if the police department has a call list of people to come claim it for
processing. Wyss stated that the department used to have a list but he was
uncertain if the Joint Emergency Communications Center kept a list or not. Wyss
said he would try and find out.
PUBLIC
DISCUSSION Dieterle thanked the Board for holding the forum. Jochimsen asked if she
thought there was a way to have better attendance. She thought that working
with the neighborhood organization and having childcare provided would
increase attendance. Dieterle also informed that Board that they should be
receiving a letter from some members of the ACLU regarding the forum and their
suggestions.
BOARD
INFORMATION None.
STAFF
INFORMATION Tuttle informed the Board that Council had scheduled a budget work session
addressing the FY12 budget in January. In the past the Board has not scheduled
a time to address Council. PCRB has a limited budget (approx. $3,700) in which
the majority is reserved for legal counsel.
EXECUTIVE
SESSION Not needed.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• January 11, 2011, 5:30 PM, Lobby Conference Rm
• February 8, 2011, 5:30 PM, Lobby Conference Rm
• March 8, 2011, 5:30 PM, Lobby Conference Rm
• April 12, 2011, 5:30 PM, Lobby Conference Rm
ADJOURNMENT Motion for adjournment by Porter, seconded by Jensen.
Motion carried, 5/0. Meeting adjourned at 5:58 P.M.
POLICE CITIZENS REVIEW BOARD
ATTENDANCE RECORD
YEAR 2010
(Meeting Date)
NAME TERM
E~• 1/19 2/9 2/17 3/9 4/13 4/15 5/11 6/8 6/18 6/24 7/13 7/21 8/10 9/14 10/12 11/1 11/9 12/14
Melissa
Jensen 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- X
Donald King 9/1/11 X NM X O/E X X X NM NM X X X X X X X O/E X
Joseph
Treloar 9/1/13 X NM X X O X X NM NM X X O/E X X O/E X X X
Peter
Jochimsen 9/1/13 --- --- --- --- --- --- --- --- --- --- X X X X X X X X
Royceann
Porter 9/1/12 --- --- --- X X X X NM NM X O/E X X X X X X X
Abigail
Yoder 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- -- ---
Vershawn
Young 9/1/13 O NM X O O/E X O/E NM NM O/E --- --- --- --- -- --- --- ---
Janie
Braverman 9/1/12 X NM X X X X X NM --- --- --- --- --- --- --- --- --- ---
Angelina
Blanchard-
Mannin 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- X --- --- --- ---
KEY: X =Present
O =Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
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 can to 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 tothe 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, 3-0.
The PCRB is available to discuss any of the foregoing, should the City Council wish.
Sincerely,
1tT
'-T-
~..Ia ~ / re /o~ ~
Joe Treloar, Vice Chair
Police Citizens Review Board
cc: Chief Sam Hargadine, ICPD
Iowa City Police Department ';=~C --~ ~ %~~~~I
1O100EC -$ pM~~?•~QU.L.A. Report -November 2010
(Possession of Alcohol Under Legal Age)
Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA Visit
(occu ancy loads updated Oct 'os~ visits arrests visits arrests ear-to-date
808 Restaurant & Nightclub (176] 3 0 57 53 0.930
Airliner [223] 2 1 36 8 0.222
American Le ion 140] 1 0 13 0 0.000
Aoeshe Restaurant [156]
Atlas World Grill [165] 0 0 1 0 0.000
Blackstone 297]
Bluebird Diner [82]
Blue Moose [436] 1 0 29 8 0.276
Bob's Your Uncle 260`
Bo-James [200] 1 0 22 0 0.000
Bread Garden Market & Bakery
[It's] Brothers Bar & Grill 556] 3 0 64 13 0.203
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [189] 0 0 4 0 0.000
Caliente Ni ht Club 498 0 0 7 0 0.000
Carl & Ernie's Pub & Grill [92] 1 0 2 0 0.000
Carlos O'Kelly's [299]
Chefs Table [162
Chipotle Mexican Grill [119]
[The] Club Car [56] 0 0 5 0 0.000
Coaches Corner [160] 1 0 3 0 0.000
Colonial Lanes [502]
Dave's Foxhead Tavern [87] 2 0 3 0 0.000
David's Place (aka Dawit's) [73] 0 0 3 0 0.000
DC's 120 2 0 23 2 0.087
[The] Deadwood [218] 0 0 8 0 0.000
Devotay [45]
Donnell 's Pub [49] 0 0 7 0 0.000
[The] Dublin Underground [57] 0 0 9 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) [420] 5 0 48 78 1.625
Firewater [114] 5 4 23 4 0.174
First Avenue Club [280]
Formosa Asian Cuisine [149] 0 0 2 0 0.000
Gabes [261 ] 0 0 6 0 0.000
Geor e's Buffet [75] 2 0 6 0 0.000
Givanni's [158] 0 0 1 0 0.000
Godfather's Pizza [170]
Graze [49] 0 0 2 0 0.000
Grizzly's South Side Pub [265] 1 0 13 0 0.000
Guido's Deli [20]
Hawke a Hideawa [94] 0 0 1 0 0.000
[The] Hilltop Lounge [90] 0 0 3 0 0.000
IC Ugly's [72] 1 0 6 0 0.000
India Cafe [100
Jimmy Jack's Rib Shack [71]
Jobsite [120] 0 0 13 0 0.000
Joe's Place [281] 1 0 16 0 0.000
Joseph's Steak House [226]
Karaoke La Reyna [78]
La Reyna [49]
Linn Street Cafe (80]
Los Portales 161
Martini's [200] 3 0 25 6 0.240
Masala [46]
Mekon Restaurant [89]
Micky's [98] 0 0 12 1 0.083
[The] Mill Restaurant [325] 0 0 1 0
Lo al Order o Moose 476
[Sheraton] Morgan's [231]
Motley Cow Cafe [82]
Okobo'i Grill [222]
Old Capitol Brew Works [294] 1 0 7 0 0.000
One-Eyed Jake's [299] aka J Bar 1 0 36 30 0.833
One-Twent -Six 105
Orchard Green Restaurant [200] 0 0 1 0 0.000
Oyama Sushi Japanese Restaurant [87]
Pa liars Pizza [113] 0 0 0.000
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95]
Piano Lounge [65] 0 0 2 0 0.000
Pints [180] 2 0 35 1 0.029
Pit Smokehouse [40]
_
Pizza Hut [116]
Piua Ranch [226]
Qualit Inn/Hi hlander (971]
Quinton's Bar & Deli [149] 0 0 9 0 0.000
[The] Red Avocado [47]
Rick's Grille & S irits [120]
Riverside Theatre [118]
Saloon [120] 0 0 4 0 0.000
Sam's Pizza [174] 1 2 5 2 0.400
[The] Sanctuary Restaurant [132] 1 0 7 0 0.000
Shakespeare's (90] 2 0 11 0 0.000
Short's Bur er & Shine [56 1 0 5 0 0.000
Slippery Pete's [178] 1 0 19 1 0.053
Sidelines [200] 0 0 8 0 0.000
Sports Column [400] 0 0 44 33 0.750
Star Loun a [144] 0 0 3 0 0.000
Studio 13 [206] 0 0 15 1 0.067
[The] Summit [736] 2 0 63 71 1.127
Sushi Popo [84]
Takanami Restaurant [148]
TCB [250] 0 0 14 1 0.071
Thai Flavors [60]
Thai Spice [91]
Times Club @ Prairie Li hts 60]
T. Spoons [102]
Union Bar [854] 5 0 45 17 0.378
VFW Post #3949 [197]
[The] Vine Tavern (170] 5 0 18 3 0.167
Vito's [320] 5 0 35 2 0.057
Wi & Pen Pizza Pub [154] 0 0 1 0 0.000
[Iowa City] Yacht Club [206] 1 0 6 2 0.333
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House 47
Totals: 63 7 868 337 0.388 '„J
Other PAULA at non-business locations: 3 146
PAULA Totals: 10 483
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*includes outdoor seating area current month year-rocare f'~'1
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OPS-17.1
RACIAL
PROFILING
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Date of Issue General Order Number
Janua 10, 2001 01-01
Effective Date Section Code
Februa 12, 2010 OPS-17
Reevaluation Date Amends /Cancels
February 2011
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INDEX AS: °~~ ~
Racial Profiling Search and Seizure ~?-'= -
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Complaints Traffic Stops
Supervisor Responsibilities Arrests ~
Warrants Discipline
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I. PURPOSE
The purpose of this order is to unequivocally state that racial and ethnic profiling by
members of this department in the discharge of their duties is unacceptable, to provide
guidelines for officers to prevent such occurrences, and to protect officers from
unfounded accusations when they act within the parameters of the law and
departmental policy.
II. POLICY
It is the policy of the Iowa City Police Department to patrol in a proactive manner, to
investigate suspicious persons and circumstances, and to actively enforce the laws,
while insisting that citizens will only be detained when there exists reasonable suspicion
(i.e. articulable objective facts) to believe they have committed, are committing, are
about to commit an infraction of the law, or there is a valid articulable reason for
contact. Additionally, the seizure and request for forfeiture of property shall be based
solely on the facts of the case and without regard to race, ethnicity or sex.
OPS-17.2
III. DEFINITIONS
Racial profiling -The detention, interdiction, exercise of discretion or use of authority
against any person on the basis of their racial or ethnic status or characteristics.
Reasonable suspicion -Suspicion that is more than a "mere hunch" or curiosity, but is
based on a set of articulable facts and circumstances that would warrant a person of
reasonable caution to believe that an infraction of the law has been committed, is about
to be committed or is in the process of being committed, by the person or persons
under suspicion. ("Specific and articulable cause to reasonably believe criminal activity
is afoot.")
IV. PROCEDURES
The department's enforcement efforts will be directed toward assigning officers to those
areas where there is the highest likelihood that vehicle crashes will be reduced,
complaints effectively investigated or addressed, and/or crimes prevented through
proactive patrol.
A. In the absence of a specific, credible report containing a physical description, a
person's race, ethnicity, or gender, or any combination of these shall not be a factor
in determining probable cause for an arrest or reasonable suspicion for a stc~.
a
B. Traffic enforcement shall be accompanied by consistent, ongoi,; suvisd
oversight to ensure that officers do not go beyond the parameters of rea`st»ablL~ess~
conducting such activities.`-~~
1. Officers shall cause accurate statistical information to be recorded ~cca tan
:~~. _
with departmental guidelines. .,~ ••
2. The deliberate recording of any inaccurate information regarding a person
stopped for investigative or enforcement purposes is prohibited and a cause for
disciplinary action, up to and including termination of employment.
C. Motorists and pedestrians shall only be subjected to investigatory stops or brief
detentions upon reasonable suspicion that they have committed, are committing, or
are about to commit an infraction of the law. Each time a motorist is stopped or
detained, the officer shall radio to the dispatcher the location of the stop and any
pertinent descriptors relevant or unique to that stop. The exception to this procedure
is when officers are taking part in safety checkpoints and are working with other
officers.
D. If the police vehicle is equipped with a video camera, the video and sound shall be
activated prior to the stop to record the circumstances surrounding the stop, and
shall remain activated until the person is released.
E. No motorist, once cited or warned, shall be detained beyond the point where there
exists no reasonable suspicion of further criminal activity.
OPS-17.3
F. No person or vehicle shall be searched in the absence of a warrant, a legally
recognized exception to the warrant requirement as identified in General Order
00-01, Search and Seizure, orthe-person's voluntary consent.
1. In each case where a search is conducted, information shall be recorded,
including the legal basis for the search, and the results thereof.
2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a
police canine may be recorded on the department's canine action report form.
TRAINING
Officers shall receive initial and ongoing training in proactive enforcement
tactics, including training in officer safety, courtesy, cultural diversity, the laws
governing search and .seizure, and interpersonal communications ills.
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1. Training programs will emphasize the need to respect the t~g~s c~ all .~
citizens to be free from unreasonable government intrusio~~ pn~ice ~"
action. :cam ~ ~
COMPLAINTS OF RACIAL/ETHNIC PROFILING `.
Any person may file a complaint with the department if they feel they Five
been stopped or searched based on racial, ethnic, or gender-based profiling.
No person shall be discouraged or intimidated from filing such a complaint, or
discriminated against because they have filed such a complaint.
1. Any member of the department contacted by a person, who wishes to file
such a complaint, shall refer the complainant to a Watch Supervisor who
shall provide them with a departmental or PCRB complaint form when
requested. The supervisor shall provide information on how to complete
the departmental complaint form and, if possible, shall record the
complainants name, address and telephone number.
2. Complaints which result in the initiation of an investigation shall be
conducted as directed by General Order 99-06, Internal Affairs
Investigations.
3. Supervisors should periodically review a sample of in-car video of stops
made by officers under their command. Additionally, supervisors shall
review reports relating to stops by officers under their command, and
respond at random to assist or observe officers on vehicle stops.
4. Supervisors shall take appropriate action whenever it appears that this
policy is being violated.
REVIEW
OPS-17.4
1. On an annual basis or as requested by the Chief of Police, the
Commanding Officer Administrative Services, or designee, shall provide
reports to the Chief of Police with a summary of the sex, race, and/or
ethnicity of persons stopped.
2. If it reasonably appears that the number of self-initiated traffic contacts by
officers has unduly resulted in disproportionate contacts with members of
a racial or ethnic minority, a determination shall be made as to whether
such disproportionality appears department wide, or is related to a specific
unit, section, or individual. The commander of the affected unit, section,
or officer shall provide written notice to the Chief of Police of any reasons
or grounds for the disproportionate rate of contacts.
3. Upon review of the written notice, the Chief of Police may direct additional
training towards the affected units/sections or to individual officers.
4. On an annual basis, the department may make public a statistical
summary of the race, ethnicity, and sex of persons stopped for traffic
violations.
5. On an annual basis, the department may make public a statistical
summary of all profiling complaints for the year, including the findings as
to whether they were sustained, not sustained, or exonerated.
6: If evidence supports a finding of a continued ongoing pattern of racial or
ethnic profiling, the Chief of Police may institute disciplinary action up to
and including termination of employment of any involved individual
officer(s) and/or their supervisors.
Sa uel Hargadi ,Chief of Police
WARNING
This directive is for departmental ,use only and does not apply in any criminal or civil
~~ proceeding. The department policy .should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions. N
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January 11, 2011 Mtg Packet
PCRB COMPLAINT DEADLINES
NONE
PCRB MEETING SCHEDULE
February 8, 2011
March 8, 2011
April 12, 2011
May 10, 2011
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
December 2010
Date Description
None
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N Hawkeye Area Chapter
a American Civi! Liberties l~nion of Iowa
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December 20, 2010
Police Citizens Review Board.
410 East Washington Street
Iowa City IA 52240-1826
Members of the lowa City Police Citizens Review Board,
On 'I uesday, November 9, 2010, several members of our board of directors attended the
annual Police Citizens Review Board Community Forum. The directors were pleased
with the generally cordial atmosphere of the forum. However, on the basis of the
observations of these board members and further discussions of our board, we would like
to make two recommendations.
1) PCRB Annual Report
We recommend that the PCRB prepare an annual report for distribution at the
annual PCRB Community Forum, for posting on the PCRB website, and for
publication in the local press.
.Already the PCRB website statES, "The PCRB maintains a central registry of complaints
against sworn police officers and prepares annual reports to the City Council on the
disposition of these complaints." With minimal additional effort the PCRB should be
able to prepare easily understood annual reports for the public. These reports should
include, but not he limited to:
• The number of PCRB meetings
• The number of complaints received (with data from past years)
• 'the disposition of the complaints -- the numbers "sustained" and "not sustained"
• 1 i1G tlll~e r~ 1.1:iirel.t til rCiGiv:, Ga:ii Criiiiii%Ciit
• Examples of typical complaints
• The number of police policies and procedures reviewed
• The number of recommendations for police policy and. procedure changes
• Examples of recommended police policy and procedure changes
The PCRB currently maintains an archive of forum surnma.ries that it sends to the city
cotu~icil and it hosts then summaries on its website. With very 1 ittle additional effort the
annual. reports could be made available on a similar webpage..
2) PCRB Publicity
V1~'e recommend that the PCRB activel;~~ publicize the fact of its existence, the
procedure for filing a PCRB complaint, and the efforts made to make the complaint
procedure one that is not intimidating.
'The Hawkeye Area Chapter board strongly suspects that most residents of Iowa City are
unaware of the existence of the PCRB. Particularly in light of the transient nature of our
student population this is not surprising. However, if the effectiveness of the PCRB is to
be maximized, the public must he familiar with the PCRB and its function.
At minimal cost the PCRl3 could make use of the following:
• Public service announcements (PSAs) in city buses
• PCRB brochures for distribution at locations such as the Iowa City Public Library
• PSAs on local radio stations
• Meetings with local clergy, middle and high school teachers, youth workers, and
social service workers
Furthermore., we feel that it is important for the PCRB to make the complaint filing
procedure and follow-up to be as non-intimidating as possible, and to emphasize this in
all of their publicity.
We thank you for listening.
Regards,
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Robert ns, President ~`
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Hawkeye Area Chapter Board of Directors ~_ ~
robgiv@mchsi.com `~ ~=
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cc: Members of the Iowa City City Council
Members of the Hawkeye Area Chapter Board of Directors
R. Givens
1546 Buresh Avenue
Iowa City, .A 52245
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1II
IOWA CITY POLICE COMMISSION; COMMENTS
uaVE HAD GOOD RELATION WITH IOWA CITY POLICE DURING THE TIME
I WAS LIVING HERE FROM 1968 DURING VJiICH
AS ANY ONE .HAD MUCH FUN..I LEFTED IN 1980
PAY CHILD SUPPORT. TO MY TWO DAUGHTERS.
BROKE AS MANY RULES
TO GO TO CALIFORNIA TO
I LEFT CALIFORNIA TO GET AWAY' FROM THE SLUM ENVIOMENT OF CRIME
AND DANGER. I WAS ROB AND ASSAULTED FOUR TIME S BY THE BLACKS
WHO WERE MOSTLY X-CONS AND'FELONS. I ALWAYS WANTED TO COME
TO MY HOME STATE OF IOWA TO GET AWAY FROM THE CRIME OF CALIFORNIA
AME PEOPLE HERE EXCON SICK -FREELOADERS FROM THE SLUMS OF
S
AND RETURN IOWA CITY TO THE PEACE FUL SAFE PLACE I LEFT.SUE THE
FEDERAL GOVERNMENT TO STOP THE MONEY.
ARREST THE WANTED CRIMINAL BEING HARBORED BY ANY TENNANT
LIVING IN THE PROJECTS AND EVICTING THOSE WHO ARE DOING IT.
GARDI,ESS OF WHO .SEJ'~TDING TI-iEM BACK TO WHERE EVER THAY
RE
AMERICA.
NONE OF IN MY OPIONION ARE WORTHLESS ,UNEMPLOYABLE . SIN(
T RID OF THE LOW-INCOME HOUSING PROJECTS ,STOP BUIL DING OF SLUMS HOU
GE
IN IOWA CITY AND JOHNSON COUNTY
COME FROM.
ASKING THE FEDS FOR U.S.l~IARSHALL TO ARREST ANY WANTED
FUGITIVE ANY WHERE 1N IOWA CIY OR ELSE WHERE
IOWA SHOULD NOT BE A DUMPING GOUND FOR THE BIG CITIES OF AMERICA
TO RID THEM SELFS OF THERE POOR AND CRIPPLE-HANDICAPED
SEND THEM BACK C.O.D.
I AM A AFRICAN AMERICAN BORN IN OSKALOOSA,IOWA WHO IS WELL
EDUCATED IN THE SINCE THAT I AM A UNION CARPENTER AND CAN BUILD
HOUSES,SEWERS,FOUNDATIONS BUT MOST OF ALL I CAN TEACH ANY BLACK
PERSON WHO WILLING TO LEARN AND WORK AND IS
DRUG FREE
IOWA CITY,IOWA 52246
P.O BOX 1905