HomeMy WebLinkAbout07-12-2011 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
July 12, 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 06/14/11
• ICPD General Order 00 -07 (Police Cyclist)
• ICPD Quarterly /Summary Report (Quarter 2), 2011
ITEM NO. 3 OLD BUSINESS
ITEM NO. 4 NEW BUSINESS
• Draft #1 of PCRB Annual Report
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
• 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
• November 8, 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:
July 6, 2011
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on July 12, 2011
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 07/12/11
• Minutes of the meeting on 06/14/11
• ICPD General Order 00 -07 (Police Cyclist)
• ICPD Quarterly /Summary Report (Quarter 2), 2011
• Complaint Deadlines
• PCRB Office Contracts — June
• Draft #1 of PCRB Annual Report
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 — June 14, 2011
CALL TO ORDER: Chair Donald King called the meeting to order at 5:32 P.M.
MEMBERS PRESENT: Melissa Jensen, Peter Jochimsen, Joe Treloar
MEMBERS ABSENT: Royceann Porter
STAFF PRESENT: Staff Catherine Pugh (5:33pm) and Kellie Tuttle
OTHERS PRESENT: Captain Wyss of the ICPD
RECOMMENDATIONS TO COUNCIL
None
CONSENT
CALENDAR Motion by Treloar and seconded Jensen by to adopt the 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
Motion carried, 4/0, Porter absent.
OLD BUSINESS Adding interview process language to materials — The Board reviewed draft #3
which was included the packet.
It was moved by Jensen, seconded by Jochimsen to accept the changes to the
documents. Motion carried, 4/0, Porter absent.
NEW BUSINESS None.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
STAFF
INFORMATION Tuttle informed the Board that there would be a rough draft of the annual report
in the next meeting packet.
EXECUTIVE
SESSION Not needed.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• 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
ADJOURNMENT Motion by Treloar, seconded by Jochimsen to adjourn.
Motion carried, 4/0, Porter absent. Meeting adjourned at 5:38 P.M.
POLICE CITIZENS REVIEW BOARD
ATTENDANCE RECORD
YEAR 2011
(Meeting Date
NAME
TERM
EXP.
1 /11
2/9
3/2
4/12
5110
6/14
Melissa
Jensen
9/1/12
X
X
NM
X
X
X
Donald King
9/1/11
X
O/E
NM
X
X
X
Joseph
Treloar
9/1/13
X
X
NM
X
X
X
Peter
Jochimsen
9/1/13
X
X
NM
X
X
X
Royceann
Porter
9/1/12
O/E
X
NM
X
X
O
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
- -- = Not a Member
TO: File
2911 JUL -6 AN 10: 55
CITY CLEM'
MEMORANDUM 1�.'�i�rA CITY, 101i ; ;. =',
FROM: Captain Wyss, Administrative Services
RE: Quarter l /Summary Report (Quarter 2) 2011
DATE: July 6, 2011
Attached you will find the 2011 Quarterly Report, (quarter 2), for the Iowa City
Police Department Internal Affairs /Police Citizen's Review Board investigative
file. There is one internal investigation that was initiated during this quarter,
which is currently pending.
cc: PCRB
Chief Hargadine
IAIR / PCRB Summary
UM Number 11 -02
PCRD Number Date and Time of Incldent Location of Incident Assigned Date Type of investigation Resolution
11 -01
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3/26/2011 23:07 Saddlebrook Clubhouse 6/27/2011 Improper Action
Wednesday, July 06, 2011 Page 1 of 1
OPS -16.1
POLICE
CYCLIST
Date of Issue General Order Number
SEPTEMBER 25, 2000 00 -07
Effective Date Section Code
June 20, 2011 OPS -16
Reevaluation Date Amends / Cancels
June 2013
N
C.A.L. E.A. Reference CD
41.1.3
Body Armor
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I. PURPOSE
The purpose of this policy to direct bicycle patrol operations. The Iowa City
Police Department recognizes that bicycle (bike) patrol facilitates
communications between officers and the public. Bike patrol also provides
added mobility over automobiles in areas that are not accessible by motorized
vehicles or traditionally are not patrolled.
II. POLICY
The Iowa City Police Department recognizes the need for specially equipped bicycles
operated by trained cyclists. Iowa City Police Cyclists are expected to abide by state
code and city ordinances pertaining to bicycles and "roadway" usage.
-
,
INDEX AS:
co
Special Special Purpose Vehicles
CD
Vehicle Operations Co
Police Cyclist ,
Communications
Body Armor
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I. PURPOSE
The purpose of this policy to direct bicycle patrol operations. The Iowa City
Police Department recognizes that bicycle (bike) patrol facilitates
communications between officers and the public. Bike patrol also provides
added mobility over automobiles in areas that are not accessible by motorized
vehicles or traditionally are not patrolled.
II. POLICY
The Iowa City Police Department recognizes the need for specially equipped bicycles
operated by trained cyclists. Iowa City Police Cyclists are expected to abide by state
code and city ordinances pertaining to bicycles and "roadway" usage.
OPS -16.2
DEFINITIONS
Iowa Code section 321.231 states as follows:
Authorized emergency vehicles and police bicycles.
A. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected perpetrator of
a felony or in response to an incident dangerous to the public or when
responding to but not upon returning from a fire alarm, may exercise the
privileges set forth in this section.
B. The driver of any authorized emergency vehicle, may:
1. Park or stand an authorized , emergency vehicle, irrespective of the
provisions of this chapter.
2. Disregard laws or regulations governing direction of movement for the
minimum distance necessary before an alternative route that conforms to
the traffic laws and regulations is available.
C. The driver of a fire department vehicle, police vehicle, or ambulance, or a
peace officer riding a police bicycle in the line of duty may do any of the
following:
1. Proceed past a red or stop signal or stop sign, but only after slowing down
as may be necessary for safe operation.
2. Exceed the maximum speed limits so long as the driver does not
endanger life or property.
D. The exemptions granted to an authorized emergency vehicle under
subsection 2 and for a fire department vehicle, police vehicle, or ambulance
as provided in subsection 3 shall apply only when such vehicle is making use
of an audible signaling device meeting the requirements of section 321.433 or
a visual signaling device, except that use of an audible or visual signaling
device shall not be required when exercising the exemption granted under
subsection 3, paragraph "b" of this section when the vehicle is operated by a
peace officer, pursuing a suspected violator of the speed restrictions imposed
by or pursuant to this chapter, for the purpose of determining the speed of
travel of such suspected violator.
E. The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle or the rider of a police bicycle from the duty to drive or ride
with due regard for the safety of all persons, nor shall such provisiorf9 protect
the driver or rider from the consequences of the driver's or �t�r'sreckl
disregard for the safety of others. 53--� ..�.,
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CD
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OPS -16.3
III. PROCEDURES
Officers selected as police cyclists are required to successfully complete a
course of instruction as prescribed by the International Police Mountain Bike
Association (IPMBA). A four -year commitment is required of officers who are
selected as bike officers. (This does not preclude officers from being promoted,
requesting transfer to another division or otherwise being reassigned to positions
where they would no longer serve as a bike officer.)
A. Mandatory Equipment - Police Cyclists shall wear protective helmets as
certified by ANSI or Snell Foundations, and as prescribed by OSHA
regulations. Police Cyclists shall also protect their eyes with glasses and /or
shields that guard against dust, exhaust, sunlight, and other hazardous
materials. Eyewear shall be worn whenever officers engage in bicycle patrol.
Eyewear and helmets shall be approved by the Commander of Administrative
Services.
B. Assignment - Police Cyclists shall be under the command of the on -duty
watch commander unless otherwise specified.
1. The watch commander may assign police cyclists to duties at his /her
discretion, taking into account staffing, location, time, and weather
conditions.
2. Police Cyclists may be assigned to specific duties, or they may be
assigned in a "routine" mode. Police cyclists are expected to interact with
the public as part of their assignment.
C. The cyclist shall perform an inspection of their bicycle prior to their beginning
a tour of duty. Any malfunction or equipment maintenance that is needed
shall be reported to the Commander of Administrative Services. No police
cyclist shall attempt any repair that is beyond his or her training or level of
experience. The police cyclist shall report any damage or maintenance needs
to the Commander of Administrative Services.
D. To the extent applicable, police cyclists are governed by departmental
policies pertaining to vehicle operations. In addition:
1. Police cyclists shall obey applicable state statutes and city ainances
pertaining to vehicle operations and bicycles. E=` a 11 at
2. Officers shall not ride their bikes on prohibited areas unke es ndirI
an emergency, or unless receiving prior approval fro nf. the Wpm
Supervisor.' 71
E. Communications procedures - = <.
1. Prior to the beginning of a tour of duty, the communicati&hs secoon shall
be advised of which officer(s) are on bike.
a) When dispatching a call to a bike officer, the Emergency
Communications Operator (ECO) shall insert the letter B prior to
the officer's number. Le. B -2, 10- 25....
b) When a bike officer contacts the ECO, he /she shall insert the letter
B prior to their number. Le. City B -2, traffic...
OPS -16.4
F. Body Armor —While officers on bike patrol are encouraged to wear their
department issued body armor at all times; the department recognizes that at
times, weather conditions may place the officer at risk of heat related injury. To
this end; while on bike patrol, officers may elect not to wear their body armor
when the temperature or heat index are at or above 80° F.
G.
H. Equipment - Police bicycles shall be equipped with a battery operated
headlight and taillight system and a pack in which to carry equipment and
supplies. In addition the cyclist shall be supplied with:
1. first aid pouch
2. required report forms or data collection materials
3. traffic and parking citations
4. other equipment as determined by the Commander of Administrative
Services.
l
Sam el Hargadine hief 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.
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July 12, 2011 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #11 -01
Filed:
Chief's Report due (90days)
Chief's Report filed:
PCRB Mtg #1 (Review & Assign)
PCRB Mtg #2 (Review)
PCRB Report due (45days):
06/24/11
09/22/11
? ?/ ? ?/11
PCRB MEETING SCHEDULE
August 9, 2011
September 13, 2011
October 11, 2011
November 8, 2011
? ?/ ? ?/11
? ?/ ? ?/11
? ?/ ? ?/11
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
June 2011
Date Description
6 -17 Call regarding the policies and procedures for the board.
6 -22 Request for brochure, complaint form, by -laws, SOP's, and
code section — documents were e- mailed.
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB)
consists of five members appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2011
Meetings
The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY11 the Board held thirteen meetings and one Community Forum. One meeting
was not held due to lack of Board business.
ICPD Policies /Procedures /Practices Reviewed By PCRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attended the open portion of the PCRB meetings, and was available for any questions Board
members had regarding these reports.
Presentations
In November of 2010 the Board held its third Community Forum as required by the City Charter. The
PCRB Vice - Chair, Joseph Treloar, gave a brief summary on the complaint process. There were four
members of the public that spoke at the forum. Topics of discussion included the following: Location
and Community presence at the Forum, Summary of Statistics, and the amount of volunteer time
board members spend on complaints, meetings, and meeting preparation.
Board Members
In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice - Chair.
Vershawn Young resigned and was replaced by Peter Jochimsen in May of 2010, and Janie
Braverman resigned and was replaced by Angelina Blanchard- Manning, who was then replaced by
Melissa Jensen in November of 2010.
COMPLAINTS
Number and Type of Allegations
Two complaints (10 -04, 11 -01) were filed during the fiscal year July 1, 2010 — June 30, 2011. Three
public reports were completed during this fiscal period (10 -01, 10 -03, 10 -04). The remaining
complaint filed in FY11 is pending before the Board (11 -01).
PCRB Annual Report FY 2011 - (DRAFT) — 1
Allegations
Complaint #10 -01
1. Complainant alleges that Officer A used excessive force while placing her under arrest. NOT
SUSTAINED.
Complaint #10 -03
1. Officer A accused Subject 2 of lying and was "very nasty" during an in person conversation at her
apartment. NOT SUSTAINED.
2. Officer A got "Very rude," during a subsequent phone call with Subject 1. NOT SUSTAINED.
3. Officer A went "too far" by making them "tip toe" around an officer who is supposed to protect and
serve. NOT SUSTAINED.
4. Officer A's actions may be motivated by Subject 1 and 2's race. NOT SUSTAINED.
5. The manner that Officer A handled the investigation may be influenced by him being related to
the driver of the other vehicle. NOT SUSTAINED.
6. Subject 1 was given a ticket, "For no reason" and it "is really unfair". NOT SUSTAINED.
7. Officer A failed to record his interactions with Subject 1, 2, and 3, in violation of department policy.
SUSTAINED.
Complaint #10 -04
1. Complainant alleges that Officer A was placing his hand on her buttocks while he was putting her
in handcuffs. NOT SUSTAINED.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 2
Level b
Interview or meet with complainant 0
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 1
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 0
Level f
Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints to the PCRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief's
Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens' complaint and the Chief's Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the nine allegations listed in the three complaints for which the Board reported, one was sustained.
The Board made no additional comments and /or recommendations for improvement in police policy,
procedures, or conduct in three completed public reports.
PCRB Annual Report FY 2011 - (DRAFT) — 2
Name - Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name -
clearing hearings.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage
in the complaint process before the Board adopts its public report. All parties involved must consent to
a request for mediation. No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. In the three complaints covered by the FY11 annual
report a total of three officers were involved.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Category /Number of Complainants
Age:
National Origin:
Color:
Under 21
0
US
0
White 0
Over 21
2
Unknown
3
Black 2
Unknown
1
Unknown 1
Sexual Orientation:
Gender Identity:
Sex:
Heterosexual
2
Female
0
Female 0
Unknown
1
Male
2
Male 2
Unknown
1
Unknown 1
Marital Status:
Religion:
Mental Disability:
Single
2
Unknown
3
No 0
Married
0
Yes 0
Unknown
1
Unknown 3
Physical Disability:
Unknown 3
BOARD MEMBERS
Donald King, Chair
Joseph Treloar, Vice Chair
Royceann Porter
Vershawn Young /Peter Jochimsen
Janie Braverman /Angelina Blanchard- Manning /Melissa Jensen
PCRB Annual Report FY 2011 - (DRAFT) — 3