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
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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)
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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