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HomeMy WebLinkAbout06-14-2011 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD June 14, 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 05/10/11 • ICPD Bar Check Report (PAULA) —April, 2011 • ICPD Bar Check Report (PAULA) — May, 2011 • ICPD Use of Force — January, 2011 • ICPD Use of Force — February, 2011 ITEM NO. 3 OLD BUSINESS Adding interview process language to materials ITEM NO. 4 NEW BUSINESS 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 • July 12, 2011, 5:30 PM, Lobby Conference Rm • August 9, 2011, 5:30 PM, Lobby Conference Rm • September 13, 2011, 5:30 PM, Lobby Conference Rm • October 11, 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: June 7, 2011 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on June 14, 2011 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 06/14/11 • Minutes of the meeting on 05/10/11 • ICPD Bar Check Report (PAULA) —April, 2011 • ICPD Bar Check Report (PAULA) — May, 2011 • ICPD Use of Force — January, 2011 • ICPD Use of Force — February, 2011 • Complaint Deadlines • PCRB Office Contracts — May • Draft #3 brochure /complaint form — interview process language 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 — May 10, 2011 CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Peter Jochimsen, Royceann Porter (5:34pm), Joe Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: Dean Able public RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Jochimsen and seconded Porter by to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/12/11 • ICPD Department Memo #11 -14 (Jan -Feb 2011 Use of Force Review) • ICPD Department Memo(Quarterly /Summary Report (Qtr 1)- IAIR /PCRB,2011 • ICPD Bar Check Report (PAULA) — March, 2011 Motion carried, 410, Porter absent. OLD BUSINESS Adding interview process language to materials — Tuttle informed the Board of some suggested changes the Police Chief had for the forms per an e-mail. The Board reviewed the revised draft handed out during the meeting and made modifications. Staff will make the changes and submit another draft for the June meeting. NEW BUSINESS None. PUBLIC DISCUSSION Dean Able presented a letter from the Hawkeye Area Chapter American Civil Liberties Union of Iowa. He briefly addressed the three points of the letter with the Board and felt that the Board was already addressing one of them by updating the forms /brochure. Staff addressed the other two issues relating to the annual report on the Board's webpage and the posting of meetings. BOARD INFORMATION King informed the Board that a letter had been sent from NACOLE (National Association for Civilian Oversight of Law Enforcement) urging the Board to join as a member. King said that the PCRB had been a member in the past and found that they did not use the website or information very often. He also did not PCRB May 10, 2011 Page 2 know whether there was money in the budget for this. The Board reviewed the information and no one expressed an interest. Jochimsen pointed out a local radio station broadcasting misinformation on the PCRB budget. The Board felt that no response was necessary. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • June 14, 2011, 5:30 PM, Lobby Conference Rm • July 12, 2011, 5:30 PM, Lobby Conference Rm • August 9, 2011, 5:30 PM, Lobby Conference Rm • September 13, 2011, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion by Treloar, seconded by Jensen to adjourn. Motion carried, 5/0. Meeting adjourned at 5:57 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2011 (Meeting Date) NAME TERM EXP. 1 /11 2/9 3/2 4/12 5110 No meeting - -- = Not a Member Melissa Jensen 9/1/12 X X NM X X Donald King 9/1/11 X O/E NM X X Joseph Treloar 9/1/13 X X NM X X Peter Jochimsen 9/1/13 X X NM X X Royceann Porter 9/1/12 O/E X NM X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member Iowa City Police Department Bar Check Report - April, 2011 Possession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of only Iowa City Police activity Business Name Occupancy (occupancy loads last updated Oct 2008) Monthly Totals Bar Under2l PAULA Checks Prev 12 Month Totals Bar Under2l PAULA Checks Under2l PAULA Ratio Ratio ( Prev 12 Mo ) Prev 12 Mo) [Iowa City] Yacht Club 206 13 2 0 39 3 1 0.0769231 0.0256410 [It's] Brothers Bar & Grill 556 23 4 6 120 5 15 0.0416667 0.125 [The] Deadwood 218 3 0 0 18 0 0 0 0 [The] Dublin Underground 57 2 0 0 19 0 0 0 0 [The] Hilltop Lounge 90 1 0 0 5 0 0 0 0 [The] Mill Restaurant 325 3 0 0 4 0 0 0 0 [The] Summit 736 21 4 1 111 15 10 0.1351351 0.0900901 [The] Vine Tavern 170 5 4 0 33 4 0 0.1212121 0 Airliner— 223 12 0 8 71 0 17 0 0.2394366 American Legion 140 2 0 0 8 0 1 0 0.125 Blue Moose 436 4 0 0 45 0 0 0 0 Bo- James 200 1 0 0 38 0 0 0 0 Buffalo Wild Wings Grill & Bar— 189 1 0 0 6 0 0 0 0 Caliente Night Club 498 8 0 0 29 3 0 0.1034483 0 Carl & Ernie's Pub & Grill 92 1 0 0 11 0 0 0 0 Coaches Corner 160 1 0 0 5 0 0 0 0 DC's 120 11 1 0 65 4 3 0.0615385 0.0461538 Donnelly's Pub 49 1 1 0 17 1 0 0.0588235 0 Gabes 261 7 0 0 20 4 0 0.2 0 Hawkeye Hideaway 94 1 0 0 2 0 0 0 0 Joe's Place 281 2 0 0 33 0 0 0 0 Martini's 200 2 1 0 41 3 0 0.0731707 0 Micky's— 98 2 0 0 19 0 0 0 0 Pints 180 5 0 0 60 3 2 0.05 0.0333333 Sam's Pizza— 174 5 0 8 17 0 20 0 1.1764706 Shakespeare's 90 1 0 0 12 0 0 0 0 Slippery Pete's aka Fieldhouse 178 13 2 0 61 3 0 0.0491803 0 Wednesday, May 11, 2011 Page 1 of 2 Sports Column 400 17 1 6 81 5 12 0.0617284 0.1481481 Studio 13 206 1 0 0 24 0 0 0 0 TCB 250 6 0 0 43 1 0 0.0232558 0 Union Bar 854 26 4 8 109 14 21 0.1284404 0.1926606 Totals 201 24 37 1166 68 102 0.0583190 0.0874786 Off Premise 0 0 22 0 0 51 0 0 Grand Totals 201 24 59 1 1166 68 153 0.0583190 0.1312178 * includes outdoor seating area exception to 21 ordinance Wednesday, May 11, 2011 Page 2 of 2 Iowa City Police Department Bar Check Report - May, 2011 F1 L ( ession of Alcohol Under the Legal Age (PAULA) Under 21 Charges Numbers are reflective of only Iowa City Police activity 2Oi I JU!c! —6 AM 111: 56 Business N rn4 r; i! cA Occu anc `� ! ` ' p Y (occupancy, o�t2QQ8) Monthly Totals Bar Checks Under2l PAULA Prev 12 Month Totals Checks Under2l PAULA Under2l PAULA Ratio Ratio (Prev 12 Mo) (Prev 12 Mo) [Iowa City] Yacht Club 206 3 0 0 42 3 1 0.0714286 0.0238095 [It's] Brothers Bar & Grill 556 13 2 2 1 130 7 17 0.0538462 0.1307692 [The] Club Car 56 1 0 0 4 0 0 0 0 [The] Deadwood 218 1 0 0 19 0 0 0 0 [The] Summit 736 13 1 7 120 16 17 0.1333333 0.1416667 [The] Vine Tavern 170 2 0 0 32 4 0 0.125 0 Airliner— 223 10 0 8 81 0 25 0 0.308642 Blue Moose 436 2 0 0 47 0 0 0 0 Buffalo Wild Wings Grill & Bar— 189 1 0 0 7 0 0 0 0 Caliente Night Club 498 2 0 0 30 3 0 0.1 0 Carl & Ernie's Pub & Grill 92 1 0 0 11 0 0 0 0 Coaches Corner 160 1 0 0 5 0 0 0 0 Colonial Lanes— 502 1 0 0 3 0 0 0 0 Dave's Foxhead Tavern 87 1 0 0 7 0 0 0 0 DC's 120 4 2 0 69 6 3 0.0869565 0.0434783 Grizzly's South Side Pub 265 1 0 0 8 0 0 0 0 Hawkeye Hideaway 94 1 0 0 3 0 0 0 0 IC Ugly's 72 1 0 0 8 0 0 0 0 Jobsite 120 1 0 0 13 0 0 0 0 Joe's Place 281 2 0 0 35 0 0 0 0 Martini's 200 6 1 0 47 4 0 0.0851064 0 Old Capitol Brew Works 294 1 0 0 6 0 0 0 0 Pints 180 5 0 0 65 3 2 0.0461538 0.0307692 Sam's Pizza- 174 2 0 0 19 0 20 0 1.0526316 Slippery Pete's aka Fieldhouse 178 3 0 0 64 3 0 0.046875 0 Sports Column 400 11 1 4 89 6 16 0.0674157 0.1797753 Studio 13 206 2 0 0 25 0 0 0 0 Monday, June 06, 2011 Page 1 of 2 TCB 250 Union Bar 854 Totals Off Premise Grand Totals * includes outdoor seating area exception to 21 ordinance 4 0 15 5 111 12 0 0 111 12 0 47 0 122 21 1158 9 0 30 1 1158 1 0 0.0212766 19 21 0.1557377 75 122 0.0647668 0 60 0 75 1 182 1 0.0647668 N 0 0.1721311 0.1053541 0 0.1571675 CD ff1 y -, C-,) � � fury � 66 M �� 117) Monday, June 06, 2011 Page 2 of 2 IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2011 Ofc # Date Inc # Incident Force Used 2010- Cn 9,38 1 -01 00068 Welfare Check Officers used hands -on control techniques to control a resistive subject being taken for an 'mod Jr- involuntary committal. 64 1 -02 1 00155 Injured Animal Officer used a firearm to dispatch a deer. 20 1 -13 01629 OWI Officer used hands -on control techniques to complete an arrest on a resistive intoxicated driver. 6,62 1 -17 02262 911 Hang Up Officers displayed firearms during a search and arrest of a wanted felon who was hiding in a residence. 13 1 -19 02518 Injured Animal Officer used a firearm to dispatch an injured rabbit. 51,40 1 -23 03130 Loud Party Officers used hands -on control techniques and displayed a taser to control and arrest a subject actively assaulting the officers. 5,15 1 -25 03464 Fight in Officers used hands -on control techniques to Progress control and arrest a subject actively assaulting the officers. 51 1 -30 04312 Burglary Officers deployed a taser to control a subject who had been assaultive and was raising a shovel to strike the officer. N O CD r Cn 'mod Jr- CSC IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT February 2011 Ofc # Date Inc # Incident Force Used 2010- 55 2 -08 05754 Attempted Officers used hands -on control techniques to <� : • 6 Burglary control a subject attempting to flee custody. 47 2 -09 05991 Disorderly Officer used hands -on control techniques to Conduct hand -cuff and place a resistive subject into a squad car. 32,51, 2 -12 06477 Armed Subject Officers displayed firearms and a taser upon 20,55 discovering a subject armed with a knife in a residence. The subject had been reported to have threatened others with the knife. 18 2 -26 08945 Fight in Officer used hands -on control techniques and Progress displayed a taser during an arrest of a resistive and assaultive subject. N d C) -..- <� : • 6 E, «:u d June 14, 2011 Mtg Packet PCRB COMPLAINT DEADLINES PCRB MEETING SCHEDULE July 12, 2011 August 9, 2011 September 13, 2011 October 11, 2011 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2011 Date Description 5 -31 -11 Female picked up complaint form D I h j I --'k- 3 For more information about the Police Citizens Review Board, contact: PCRB 410 E. Washington Street Iowa City, IA 52240 356 -5041 Complaint forms are available from: • City Clerk/City Hall • Police Department /City Hall • Iowa City Public Library • Broadway St Neighborhood Center • Pheasant Ridge Center • City of Iowa City Website @ www.icgov.org Police Citizens Review Board 05 /11DRAFT Iowa City Police The Complaint Review Process (If the complaint is about the Chief, the Citizens Review Board City Manager will conduct the • All complaints to the Board must be investigation.) The Chief completes the Established in 1997, the Iowa City Police Citizens Review Board consists of five members appointed by the City Council. The PCRB has its own legal counsel. The 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 to 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 year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City police department. The 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. filed with the City Clerk within ninety (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 underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint maybe filed by such person's designated representative. • Those who may file a complaint are: ➢ an adult; ➢ a minor with an adult's assistance; ➢ an adult filing on behalf of a minor; ➢ or a vulnerable adult with assistance from a family member, friend, clergy, or a guardian or other similar court appointed representative. • A support person may accompany the complainant through the complaint review process. • The PCRB receives a completed citizen complaint form and immediately forwards a copy to the Police Chief for internal affairs investigation. A Supervisor or Investigator from the Police Department will contact the complainant as part of the investigation. investigation within 90 days and issues a detailed written report that concludes with a finding that the complaint is "sustained" or "not 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 investigation or request that the Chief do so. 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." 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 that they are unsupported by substantial evidence; are unreasonable, arbitrary, or capricious; or are contrary to Police Department policy or practice, or any federal, state, or local law. perb \brochur2.c1k 1 10A N I 1i• Information Sheet for Filing a Complaint About an Iowa City Police Officer There are two kinds of complaint forms. The form you choose determines how your complaint will be handled. Iowa City Police Department Complaint Form If you use the Police Department form, Iowa City Police Department Policy will determine the level of investigation into your complaint. You can choose to limit your involvement to a discussion between you and the officer's supervisor, or you can choose to participate in an internal investigation which means that you, the officer, and witnesses will be interviewed by Police Department investigators and a written report on the department's findings and conclusions will be prepared. Generally, investigations and any officer discipline that may result from them are considered nonpublic, confidential records. By law, the Police Chief decides if and how an officer will be disciplined. When you use the Police Department complaint form, the Police Citizens Review Board will not review your complaint, unless you also file a PCRB complaint form. It usually takes from one week to three months to receive a final response from the department. Police Citizens Review Board (PCRB) Complaint Form If you use the PCRB form, the Police Department will conduct an internal investigation. A Supervisor or Investigator from the Police Department will contact you as part of the investigation process. As soon as you file your form, the PCRB will also receive a copy of it, so they know your complaint is being investigated. All complaints to the Board must be filed with the City Clerk within ninety (90) days of the alleged misconduct. When the internal investigation is completed, the Police Chief will prepare a written report and send copies to the PCRB, to you, and to the officers involved. The PCRB then reviews the Chief s Report and may conduct its own investigation. The PCRB decides whether the Chief s conclusions are reasonable and issues a public report to the City Council. You will be notified of the outcome of the PCRB's review. The PCRB has no authority to discipline police officers. The PCRB handles its work with complaints confidentially and generally does not include information identifying you or the officer in its reports. However, if a complaint is upheld, the PCRB does have the right to include the names of complainants and officers in its reports. When you use the PCRB complaint form, it usually takes ninety (90) days for the Board to receive the Chiefs Report on the internal investigation and an additional one to two months for the Board to complete its work. If you have questions about filing a complaint, contact the Police Department (356 -5275) or the Police Citizens Review Board (356 -5041) For more information about the PCRB, consult the city ordinance that established it (Iowa City Code Chapter 8 -8). The City Code is available on -line at www.icgov.org or for review in the City Clerk's office at the City Hall, 410 E. Washington Street (356 - 5043). Information Sheet 05/11 FOR STAFF USE: Complaint No. Received by Name CONFIDENTIAL POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City of Iowa City 410 E. Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 Address /other contact information Telephone Best time to call A Supervisor or Investigator from the Police Department will contact the complainant as part of the investigation process. Date of Birth Date the incident took place _ (All complaints to the Board alleged misconduct.) Race Gender must be filed with the City Clerk within ninety (90) days of the 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 underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint maybe filed by such person's designated representative. Those who may file a complaint shall include an adult, a minor with an adult's assistance, an adult filing on behalf of a minor, or a vulnerable adult with assistance from a family member, friend, clergy, or a guardian or other similar court appointed representative. A support person (as defined above) may accompany the complainant through the complaint review process. Describe the incident you are complaining about. Give as many details as possible. For example: Where did it happen? Who else was there? Describe the specific police actions you are complaining about. Give officers' names, badge numbers, descriptions. CONFIDENTIAL Section 718.6 State Code of Iowa A person who reports or causes to be reported false information to a fire department or a law enforcement authority, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor. Please ensure that the complaint you are filing with the Iowa City Police Citizens Review Board is truthful. In its review of this complaint, the Iowa City Police Citizen's Review Board will forward the information contained in this complaint to representatives of the Iowa City Police Department. Therefore, the above captioned State Code of Iowa applies to a complaint filed with the Iowa City Police Citizens Review Board. I hereby certify to the best of my knowledge, the statements I have made on this form are true. Signature perb \com plain. G k Date 05/11 DRAFT