HomeMy WebLinkAbout11-16-2011 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
November 16, 2011 — 5:30 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NOA CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 10/25/11
• ICPD Bar Check Report (PAULA) — October, 2011
ITEM NO. 3 OLD BUSINESS
• Community Forum
• Board packet distribution
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
• December 13, 2011, 5:30 PM, Lobby Conference Rm
• January 10, 2012, 5:30 PM, Lobby Conference Rm
• February 14, 2012, 5:30 PM, Lobby Conference Rm
• March 13, 2012, 5:30 PM, Lobby Conference Rm
ITEM NO.10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
November 9, 2011
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on November 16, 2011
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 11/16/11
• Minutes of the meeting on 10/25/11
• ICPD Bar Check Report (PAULA) — October, 2011
• 15th Annual Police Citizens Academy
• Complaint Deadlines
• PCRB Office Contacts — October
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
Kellie Tuttle
From: City of Iowa City <web @iowa- city.org>
Sent: Thursday, November 03, 2011 4:22 PM
To: Kellie Tuttle
Subject: 15th Annual Citizen's Police Academy
15th Annual Citizen's Police Academy
Posted by` Police
Mailing List(s): Police & Fire
Originally Posted 11/3/2011 4:21:12 PM
Applications to attend the 15th Annual "Citizen's Police Academy" are now being accepted through 5:00 PM Friday,
January 13th, 2012. Class size is limited so early registration is encouraged. Application forms are available at the Iowa
City Police Department, Coralville Police Department, Johnson County Sheriffs Office, and the University of Iowa Police
Department, during normal business hours.
The "Citizen's Police Academy" (CPA) meets once a week for 11 weeks, beginning January 23rd, 2012, from 6:30 PM to
9:30 PM. Each week covers a different topic and is meant to promote a better relationship between law enforcement and
the community it serves. The CPA is sponsored jointly by the four area law enforcement agencies. Meetings will take
place at the Johnson County Joint Emergency Communication Center (4529 Melrose Ave., Iowa City).
Training includes department tours and ride- alongs, defensive tactics, evidence collection, drug investigation, and many
other areas of enforcement and operations.
For more information, contact
Officer Jorey Bailey - Iowa City Police Dept. 356 -5273
Officer Hanna Hansen - Coralville Police Dept. 243 -1800
Sgt. Brad Fisher- Johnson County Sheriffs Office 356 -6020
Officer Alton Poole - University of Iowa Police Department 335-5043
November 16, 2011 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #11 -01
Filed:
Chief's Report due (90days)
Chief's Report filed:
PCRB Mtg #1 (Review)
PCRB Mtg #2 (Review)
PCRB Mtg #3 (Review & Assign)
PCRB Mtg #4 (Review Draft)
PCRB Report due (45days):
45 -day Extension:
PCRB Complaint #11 -02
Filed:
Chief's Report due (90days)
Chief's Report filed:
PCRB Mtg #1 (Review)
PCRB Mtg #2 (Review & Assign)
PCRB Report due (45days):
06/24/11
09/22/11
09/20/11
09/27/11
10/12/11
10/25/11
11/16/11
09/28/11
12/27/11
PCRB Complaint #11 -03
Filed: 11/04/11
Chief's Report due (90days): 02/02/12
Chief's Report filed: ? ? / ? ? / ??
PCRB Mtg #1 (Review)
PCRB Mtg #2 (Review & Assign)
PCRB Report due (45days):
PCRB MEETING SCHEDULE
December 13, 2011
January 10, 2012
February 14, 2012
March 13, 2012
11/04/11
12/19/11
Iowa City Police Department
Bar Check Report October, 2011
I L Eis sion of Alcohol Under the Legal Age (PAULA) Under 21 Charges
Numbers are reflective of only Iowa City Police activity
2611 N,0V "u P11 [ I I
Business Nar z ��, Occupancy
(occupancy hpad� '' �gltbsp,
Monthly Totals
Bar
Under2l PAULA
Checks
Prev 12 Month Totals
Bar
Under2l PAULA
Checks
Under2l PAULA
Ratio Ratio
Prev 12 Mo) (Prev 12 Mo
( )
2 Dogs Pub 120
1
0
0
1
0
0
0
0
Airliner— 223
5
0
8
80
0
36
0
0.45
American Legion 140
1
0
0
8
0
1
0
0.125
Aoeshe Restaurant 156
0
0
0
0
0
Atlas World Grill 165
0
0
0
0
0
Blackstone— 297
0
0
0
0
0
Blue Moose 436
8
0
1
74
6
4
0.0810811
0.0540541
Bluebird Diner 82
0
0
0
0
0
Bob's Your Uncle *� 260
0
0
0
0
0
Bo- James"' 200
5
0
0
40
0
0
0
0
Bread Garden Market & Bakery
0
0
0
0
0
Brothers Bar & Grill, [It's] 556
15
4
11
168
21
44
0.125
0.2619048
Brown Bottle, [The]— 289
0
0
0
0
0
Buffalo Wild Wings Grill & Bar— 189
4
0
0
0
0
Caliente Night Club 498
3
0
1
37
3
1
0.0810811
0.0270270
Carl & Ernie's Pub & Grill 92
1
0
0
16
0
0
0
0
Carlos O'Kelly's— 299
0
0
0
0
0
Chef's Table 162
0
0
0
0
0
Chili Yummy Yummy Chili
4
0
1
0
0.25
Chipotle Mexican Grill— 119
0
0
0
0
0
Club Car, [The] 56
2
0
0
0
0
Coaches Corner 160
4
0
0
0
0
Colonial Lanes— 502
4
0
0
0
0
Dave's Foxhead Tavern 87
1
0
0
7
0
0
0
0
DC's 120
4
0
0
77
7
4
0.0909091
0.0519481
Deadwood, [The] 218
1
0
0
20
0
0
0
0
Devotay- 45
0
0
0
0
0
Tuesday, November 08, 2011 Page 1 of 4
Donnelly's Pub 49
1
0
0
17
1
0
0.0588235
0
Dublin Underground, [The] 57
1
0
0
17
0
0
0
0
Eagle's, [Fraternal Order of] 315
0
0
0
0
0
El Banditos 25
0
0
0
0
0
El Dorado Mexican Restaurant 104
0
0
0
0
0
El Ranchero Mexican Restaurant 161
0
0
0
0
0
Elks #590, [BPO] 205
0
0
0
0
0
Englert Theatre— 838
0
0
0
0
0
Fieldhouse 178
7
1
1
79
6
1
0.0759494
0.0126582
First Avenue Club— 280
0
0
0
0
0
Formosa Asian Cuisine— 149
0
0
0
0
0
Gabes 261
3
0
1
31
5
1
0.1612903
0.0322581
George's Buffet 75
1
0
0
6
0
0
0
0
Gilbert St Piano Lounge 114
6
0
0
0
0
Givanni's— 158
0
0
0
0
0
Godfather's Pizza— 170
0
0
0
0
0
Graze— 49
0
0
0
0
0
Grizzly's South Side Pub 265
2
0
0
10
3
3
0.3
0.3
Hawkeye Hideaway 94
3
0
0
0
0
Hilltop Lounge, [The] 90
1
0
0
5
0
0
0
0
IC Ugly's 72
1
0
0
7
0
0
0
0
India Cafe 100
0
0
0
0
0
Jimmy Jack's Rib Shack 71
0
0
0
0
0
Jobsite 120
1
0
0
17
0
0
0
0
Joe's Place 281
1
0
0
39
0
0
0
0
Joseph's Steak House— 226
0
0
0
0
0
La Reyna 49
0
0
0
0
0
Library. [The]— 420
17
0
3
31
0
4
0
0.1290323
Linn Street Cafe 80
0
0
0
0
0
Los Portales 161
0
0
0
0
0
Martin ' .} 200
12
0
0
70
18
3
0.2571429
0.0428571
Masalat a V� '� 46
0
0
0
0
0
L.S.-b G 1
00
Mekongtaurant— "e " 89
0
0
0
0
0
Tuesday, November&, 2011
Page
2 of 4
Micky's— 98
3
0
0
23
0
3
0
0.1304348
Mill Restaurant, [The] 325
8
1
0
0.125
0
Moose, [Loyal Order of] 476
0
0
0
0
0
Motley Cow Cafe 82
0
0
0
0
0
Okoboji Grill— 222
0
0
0
0
0
One- Twenty -Six 105
0
0
0
0
0
Orchard Green Restaurant— 200
0
0
0
0
0
Oyama Sushi Japanese Restaurant 87
0
0
0
0
0
Pagliai's Pizza— 113
1
0
0
0
0
Panchero's (Clinton St)— 62
0
0
0
0
0
Panchero's Grill (Riverside Dr)— 95
0
0
0
0
0
Pints 180
6
2
1
74
6
4
0.0810811
0.0540541
Pit Smokehouse 40
0
0
0
0
0
Pizza Hut— 116
0
0
0
0
0
Pizza Ranch— 226
0
0
0
0
0
Quality Inn /Highlander 971
0
0
0
0
0
Quinton's Bar & Deli 149
1
0
0
10
0
0
0
0
Red Avocado, [The] 47
0
0
0
0
0
Riverside Theatre— 118
0
0
0
0
0
Saloon— 120
1
0
0
6
0
0
0
0
Sam's Pizza— 174
25
0
23
0
0.92
Sanctuary Restaurant, [The] 132
4
0
0
0
0
Shakespeare's 90
1
0
0
11
0
0
0
0
Short's Burger & Shine— 56
1
0
0
11
0
0
0
0
Sports Column 400
10
1
1
108
13
29
0.1203704
0.2685185
Studio 13 206
2
0
0
22
0
0
0
0
Summit. [The]— 736
21
0
13
197
16
78
0.0812183
0.3959391
Sushi Popo 84
0
0
0
0
0
Takanami Restau` ant— 148
0
0
0
0
0
TCB,, —y `' 250
5
2
0
73
4
0
0.0547945
0
Thai Fl j? 0— "� ;?" 60
0
0
0
0
0
Thai Spj &J3 i 91
0
0
0
0
0
Times COO @ Pra`w LigiAs �= 60
0
0
0
0
0
Tuesday, November 08, 2011
Page
3 of 4
Union Bar 854
16
5
VFW Post #3949 197
1
0
Vine Tavern, [The] 170
2
0
Wig & Pen Pizza Pub 154
c%
..a. `
Yacht Club, [Iowa City] 206
7
0
Zio Johno's Spaghetti House 94
0
0
Z'Mariks Noodle House 47
0
1
170
15
Totals
Off Premise
0
0
Grand Totals
* includes outdoor seating area
exception to 21 ordinance
6
rti.!
38
46
0.2261905
0
1
8
0
0
0
c%
..a. `
4
1
�.
0
0
0
0
1
75
3
3
0.04
0
0
0
0
cv
0
6
168
38
46
0.2261905
0
1
8
0
0
0
1
41
4
1
0.097561
0
0
0
0
1
75
3
3
0.04
0
0
0
0
0
0
0
0
49
1749
155
290
0.0886221
34
0
1
0
158
0
83
448
0.2738095
0
0.0243902
0
0.04
0
0
0.1658090
0
Tuesday, November 08, 2011 Page 4 of 4
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — October 25, 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, Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Staff Kellie Tuttle
STAFF ABSENT: Staff Catherine Pugh
OTHERS PRESENT: Sgt Droll of the ICPD; Spencer Verlo and Reme Ardila public
RECOMMENDATIONS TO COUNCIL
None
REPORT FROM NOMINATING COMMITTEE
King and Treloar were appointed to the nominating committee at the September
27th meeting. King reported that the committee had met and both agreed that
they would be willing to continue as Chair and Vice Chair unless there was
someone interested in filling the positions.
CONSIDER MOTION TO FIX METHOD OF VOTING
Motion by Jochimsen, seconded by Jensen to prescribe the method of voting by
a voice vote and use majority vote for the basis for decision. Motion carried, 5/0.
NOMINATIONS FOR OFFICE OF CHAIRPERSON
Motion by Treloar, seconded by Jensen to appoint Donald King as Chair.
Motion carried, 5/0.
NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON
Motion by King, seconded by Jochimsen to appoint Joe Treloar as Vice - Chair.
Motion carried, 5/0.
CONSENT
CALENDAR Motion by Treloar and seconded by Jensen to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 09/27/11
• Minutes of the meeting on 10/12/11
• ICPD Use of Force Report — May 2011
• ICPD Use of Force Report — June 2011
• ICPD Department Memo #11 -32 (May -June 2011 Use of Force Review)
• ICPD Department Memo(Quarterly /Summary Report (Qtr 3)- IAIR /PCRB,2011
• ICPD Bar Check Report (PAULA) — September, 2011
Motion carried, 5/0.
PCRB
October 25, 2011
Page 2
OLD BUSINESS Community Forum — Tuttle checked the room schedule at the Iowa City Library
for April and most of the dates are available. The Board agreed to a date and to
have staff book the room.
Moved by Treloar, seconded by Jensen to hold the Community Forum at the
Iowa City Library on April 17, 2012 at 7:00 P.M. Motion carried, 5/0.
NEW BUSINESS Board Packet Distribution — Tuttle asked the Board if everyone had a chance to
look at the on -line packet distribution. The majority agreed that they liked it and
would use it. Jochimsen had some difficulty and would stop into the office and
walk through it with Tuttle. Tuttle will distribute by mail and on -line again next
month and the Board can discuss.
PUBLIC
DISCUSSION Ardila had questions regarding noise from businesses around his residence and
what could be done and how it's enforced. Tuttle gave him contact information
for the Code Enforcement Assistant.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Jochimsen and seconded by Jensen to adjourn into 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.
Motion carried, 5/0.
Open session adjourned at 5:47 P.M.
(Porter left executive session due to a conflict of interest — 5:50 P.M.)
REGULAR
SESSION Returned to open session at 6:35 P.M.
PCRB
October 25, 2011
Page 3
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• November 8, 2011, 5:30 PM, Lobby Conference Rm (Rescheduled to 11/16)
• November 16, 2011, 5:30 PM, Lobby Conference Rm
• December 13, 2011, 5:30 PM, Lobby Conference Rm
• January 10, 2012, 5:30 PM, Lobby Conference Rm
• February 14, 2012, 5:30 PM, Lobby Conference Rm
Motion by Treloar, seconded by Jochimsen to move the regular monthly meeting
from November 8th to Wednesday, November 16th.
Motion carried, 4/0, Porter absent.
ADJOURNMENT Motion for adjournment by Jensen, seconded by Treloar.
Motion carried, 4/0, Porter absent. Meeting adjourned at 6:38 P.M.
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POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
October 2011
Date Description
None
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
(319) 356 -5041
November 16, 2011
To: City Council
'71
Complainant
City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Police Citizen's Review Board
rU
Re: Investigation of PCRB Complaint #11 -01
This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation
of Complaint PCRB #11 -01 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the
Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the
Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the
Report "because of the Police Chief s professional expertise ", Section 8 -8 -7 B (2). While the City
Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that
the Police Chief reverse or modify his findings only if these findings are "unsupported by
substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police
Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on June 24, 2011. As required by Section 8 -8 -5
(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chiefs Report was filed with the City Clerk on September 20, 2011.
The Board met to consider the Chiefs Report on September 27, 2011, October 12, 2011, October
25, 2011 and November 16, 2011. At the September 27th meeting the Board voted to review the
Chiefs Report in accordance with Section 8- 8- 7(13)(1)(b), Interview /meet with complainant and 8-
8- 7(13)(1)(c), Interview /meet with named officer(s) and other officers. At the October 12th meeting
the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B)(1)(e),
Performance by Board of its own additional investigation.
BOARD'S PROCEDURES (Continued)
At the October 12� meeting the Board granted a request by Chief Hargadine to present a power
point presentation of his investigation findings. The Board invited the Complainant to appear
before the Board if she desired and to contact the Chief to review his findings.
At the October 25"' meeting the Complainant appeared before the Board. The Complainant was
asked if she had reviewed the Chief s investigation and she stated yes she had. The Complainant
was asked for any additional information that she felt needed to be added to the investigation. It
was determined by the Board that further follow -up investigation may be needed, and it would be
undertaken by the Board itself.
FINDINGS OF FACT
On March 26, 2011, the Complainant held a birthday party for her daughter at the Saddlebrook
Clubhouse on Heinz Road in Iowa City. Juveniles from Cedar Rapids came to the party of which
several were reported members from "Hardbodies ", "All About Money" and "Money of Anything"
gangs. Some of the juveniles from Iowa City were members of the "Broadway Goons" gang. It is
well known that there is a violent history between the gangs from Iowa City and Cedar Rapids. In
her written complaint the Complainant acknowledged that problems began to mount at the party and
that she had to turn up the lights and turn down the music at least three different times and
threatened to end the party. Complainant appeared to minimize these problems in her statement
referring to the juveniles as "singing in harmony ". After about 45 minutes a large fight broke out
resulting in one juvenile being injured.
A total of nine 911 calls were received by the Johnson County Emergency Communication Center.
(JECC) The first call was received by the JECC at 23:05:41. The Complainant in her statement
indicated that she called three separate times. The Complainant's first call at 23:07:27, (JECC times
are used throughout the findings by the Board) stated that there was a large fight, someone was hurt
and "they have guns." Many of the responding officers searched the area looking for suspects with
guns. No weapons were found and no arrests were made that night.
The Complainant had direct contact with four officers. Of the four officers near the Complainant,
only one officer's (Officer A) audio unit appeared to malfunction, however their conversation was
recorded by Officer B.
The Complainant was charged with Disorderly House and a warrant was obtained through a Judge.
The Complainant filed a complaint with the PCRB alleging improper actions and false reports by
Officers A, B, and C, relating to the disturbance and fight at The Saddlebrook Clubhouse and the
follow -up investigation by Officer D.
'y
.:
ALLEGATION #1
Officers did not respond in a timely manner after her 911 calls for assistance. Complainant asserts
that officers arrived almost 20 minutes after the shift change of 11:00pm.
The first call to JECC was noted at 23:05:41 and not dispatched until 23:09:22 and first officer
was logged arriving at 23:12:42. The Board notes the lag time between 23:05:41 and 23:09:22 is
a concern, however this is not under the control of the Iowa City Police. Once the officers were
dispatched it was only approximately 3.20 until arrivab Even from 23:05:41 it was less than the
20 minutes alleged.
NOT SUSTAINED
ALLEGATION #2
No audio /video from in -car cameras from responding officers.
Video and audio was available from most officers. One officer who had contact with the
complainant had audio problems, but another officer in the vicinity was able to record for the
both of them. Some officers who responded were in unmarked vehicles and did not have the
capability to record video or audio.
The Complainant was unfortunately led to believe, by her attorney, that there were no in -car
recorders being operated by officers that night. The attorney representing the City advised the
Complainant's attorney that he could request copies of recordings from the Iowa City Police
Department.
NOT SUSTAINED
ALLEGATION 43
Officers made untrue statements in the submitted written reports.
The three officers who had contact with the Complainant that evening wrote reports. All three
reports matched the audio portions of their contacts. The Complainant felt statements were made
in retaliation for stating she was going to call the Chief that night.
Further written statements made by officers that the Complainant felt were inaccurq g will be
addressed individually later. -
NOT SUSTAINED _
N
ALLEGATION #4
Improper conduct/treatment by responding officers during interaction with her.
After reviewing audio tapes and talking with the officers involved the Board found the Chiefs
findings were reasonable. During contact with the Complainant one officer had to ask the
Complainant to let him finish with his comments and that he was not going to talk over hen This
was not presented in an offensive tone or attitude.
NOT SUSTAINED
ALLEGATION #5
The Complainant stated that Officer C was untruthful in telling her that three guns had been
recovered.
Although not recorded, Officer C denied ever telling Complainant that guns had been recovered.
He believes there must have been some miscommunication when they discussed the presence of
guns during the incident. During the initial 911 call from the Complainant, she stated guns were
involved
NOT SUSTAINED
ALLEGATION #6
Officer C made false statements in his report. The report stated the Complainant used profanity
when referring to the Cedar Rapids juveniles and was more interested in cleaning up the mess in the
clubhouse than speaking with officers.
When reviewing the video and audio portions of the initial units arriving at the scene, the
Complainant is observed running to the police vehicle pointing the vehicles leaving and using
profanity.
Comments written by Officer C in his report of the Complainant being more concerned with the
cleaning of the clubhouse and her overall demeanor were based upon his observations and his
opinion based upon her behavior.
NOT SUSTAINED
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ALLEGATION #7
Officer C inquired of her personal information while a possible suspect was seated in the back of the
patrol car and overheard the conversation.
When asked about logging personal information about the Complainant while inside the car with
the juvenile in the back seat, Officer C conceded that he could have handled it differently. The
Board understands the Complainant's discomfort, however there is no violation of police policy
or regulation.
NOT SUSTAINED
ALLEGATION #8
Not being told by Officer C that she was going to be charged with Disorderly House and questioned
why a warrant was issued for her arrest.
Officer C reported that it was not until a few days later when he completed his investigation that
he believed a charge was appropriate for Disorderly House. He applied for an arrest warrant
which was reviewed and signed by a District Court Judge after determining probable cause
existed. There is no policy violation in obtaining an arrest warrant. Officer C stated there was
no malicious intent on his part in obtaining the warrant.
NOT SUSTAINED
ALLEGATION #9
Officer C called A &M Management apprising them of the damage and telling them that he was
going to charge the Complainant for the damages.
Officer C's report also involved documenting the damage at the Saddlebrook Clubhouse. It is
customary for the owner or management to be contacted regarding damages. Officer C advised
that he did not tell A &M Management that he was planning to criminally charge the
Complainant for the damage.
NOT SUSTAINED
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ALLEGATION #10
Officer A had made false statements in his report. Report indicated that Complainant had yelled at
him and that he made the statement that he was not going to speak with her if she continued to yell.
The Complainant asserts this remark was in response to her asking for his name and badge number
to report him to the police chief.
Officer A advised that during his interview with the Complainant she became upset when she
believed officers let a female involved in the fight leave the area. The Complainant interrupted
him and he asked her to wait until he was done talking, that he was not going to play the game of
talking over hey. The audio does portray the Complainant's voice elevated and her statements
and tone accusatory. Officer A's voice remains calm. Officer A's impression was the
Complainant was yelling at him.
NOT SUSTAINED
ALLEGATION #11
Officer B made false statements in his report that the Complainant made remarks and comments
about the police being worthless. Complainant denies making this statement and asserts the officer
did this to get back at her since she was calling the chief of police for how she was treated.
Officer B's recollections of the comments made by the Complainant were similar to "what good
are you, you're good for nothing, and you took too long to get here." Officer B clarified that his
use of "worthless" in his report was meant to be a summarization of the Complainant's
comments. He advised his only response to the Complainant was "that maybe you should not be
out here fighting." It was this comment that Officer B believed prompted the complaint. Officer
B denied this was a personal attack or that he used inappropriate language when he spoke with
the Complainant. His statement to the Complainant appeared to be neutral qyd non -
inflammatory.
>
NOT SUSTAINED
ALLEGATION #12
Officer D called the Complainant's employer with the intent of getting her fired.
..
1
Officer D advised he was initially contacted by the Human Resources Vice President of Four
Oaks. Officer D advised his first conversation was on 3- 30 -11. During the ICPD investigation it
was confirmed that she had contacted Officer D first. The Complainant initially brought up the
matter to Four Oaks on 3- 28 -11. The Human Resources VP confirmed that Officer D did
nothing to compromise the Complainant's employment.
NOT SUSTAINED
ALLEGATION #13
Officer D contacted A &M Management in an effort to get them to file charges and informed them
that charges were already pending against her.
Officer D advised he first spoke with the officer manager at Saddlebrook on 3- 31 -11. He was told
that damage was done to a table, piano bench and piano estimated at $350.00. Officer D advised
that when he met with her that the Complainant had already been charged with disorderly house.
Officer D advised that there would be no other criminal charges that would be appropriate in this
case. The manager was first contacted by Officer C via the after -hours line. She further reported
that Officer C said nothing negative about the Complainant, nor did he attempt to influence any
complaint of criminal charges against hey. She advised she has been contacted in the past after
hours by police officer of other issues.
NOT SUSTAINED
ALLEGATION #14
Officer D interviewed and questioned juveniles at the schools about alcohol and guns without parent
consent, a violation of school board policy.
In reviewing the policy it is apparent that it was followed by Officer D and school officials. The
police department did not receive any complaints from school officials or parents.
Police Citizen's Review Board followed -up with the Iowa City School Superintendent who was
very emphatic that Iowa City Community School Districtpolicy was not violated
In follow up the City High School Principal said the police did not violate the policy. The officer
asked to speak with the students and the school gave permission. The Principal said the staff did
discuss what happened afterwards, and he felt the school had an opportunity to improve how
situations like this were handled in the future. The school understood the students who were
interviewed were not under investigation or in trouble and the students were being helpful in
providing information.
There is no violation of state law or policies, procedures and general orders of the Iowa City
Police Department in regards to Officer D's follow up at the schools.
NOT SUSTAINED
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