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HomeMy WebLinkAbout01-10-2012 Police Citizens Review BoardMEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: January 4, 2012 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on January 10, 2012 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 01/10/12 • Minutes of the meeting on 11/16/11 • ICPD Use of Force Report — July 2011 • ICPD Use of Force Report —August 2011 • ICPD Department Memo #11 -40 (July- August 2011 Use of Force Review) • ICPD Quarterly Summary Report (Quarter 4 and all Quarters) IAIR /PCRB,2011 • Complaint Deadlines • PCRB Office Contacts — November • PCRB Office Contacts - December 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 AGENDA POLICE CITIZENS REVIEW BOARD January 10, 2012 — 5:30 P.M. HELLING 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 11/16/11 • ICPD Use of Force Report — July 2011 • ICPD Use of Force Report —August 2011 • ICPD Department Memo #11 -40 (July- August 2011 Use of Force Review) • ICPD Quarterly Summary Report (Quarter 4 and all Quarters) IAIR /PCRB,2011 ITEM NO. 3 OLD BUSINESS Board packet distribution Community Forum 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 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS • February 14, 2012, 5:30 PM, Helling Conference Room • March 13, 2012, 5:30 PM, Helling Conference Room • April 10, 2012, 5:30 PM, Helling Conference Room • April 17, 2012, 7:00 PM, Iowa City Public Library — Room A • May 8, 2012, 5:30 PM, Helling Conference Room ITEM NO.10 ADJOURNMENT DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — November 16, 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 (5:32), Joseph Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh (5:36) STAFF ABSENT: None OTHERS PRESENT: Captain Rick Wyss of the ICPD RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #11 -01 CONSENT CALENDAR Motion by Jochimsen and seconded by Jensen to adopt the consent calendar as presented or amended. • Minutes of the meeting on 10/25/11 • ICPD Bar Check Report (PAULA) — October, 2011 Motion carried, 4/0, Porter absent. OLD BUSINESS Community Forum — The Board agreed to table discussion until the December meeting. Board Packet Distribution — Tuttle stated that some of the members were having trouble opening and printing the electronic version of the packet. She will attempt to send the packet electronically a different way and the Board will discuss again in December. NEW BUSINESS King announced that applications were being taken for the 15th Annual Citizen's Police Academy. The Board's budget will cover the cost for any member that would like to participate. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. PCRB November 16, 2011 Page 2 EXECUTIVE SESSION REGULAR 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 5:36 P.M. (Porter left executive session due to a conflict of interest — 5:38 P.M.) Returned to open session at 8:02 P.M. Motion by Treloar, seconded by Jochimsen to forward the Public Report as amended for PCRB Complaint #11 -01 to City Council. Motion carried, 4/0, Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 13, 2011, 5:30 PM, Helling Conference Rm • January 10, 2012, 5:30 PM, Helling Conference Rm • February 14, 2012, 5:30 PM, Helling Conference Rm • March 13, 2012, 5:30 PM. Helling Conference Rm ADJOURNMENT Motion for adjournment by Treloar, seconded by Jochimsen. Motion carried, 4/0, Porter absent. Meeting adjourned at 8:03 P.M. !wOn y f9 Vi y r� �d b Q r r n H fD I�1 w iu �f'rA 0=2.z m ^S O b A: M y i b N w w N N w r+ y r� �d b Q r r n H fD I�1 w iu 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 N To: City Council,' y Complainant City Manager; —� Sam Hargadine, Chief of Police: Officer(s) involved in complaint CID r� From: Police Citizen's Review Board 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 Chiefs 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 (13)(1)(e), Performance by Board of its own additional investigation. BOARD'S PROCEDURES (Continued) At the October 12th 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 25th 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. M 4 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 arrival, 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 #3 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 Complainantfelt 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 inaccurae, 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 ■ y <° CD f�J 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 CD 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 her. 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 qqd non - inflammatory. - > �y NOT SUSTAINED -°- N ALLEGATION #12 Officer D called the Complainant's employer with the intent of getting her fired. h 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 Of D first. The Complainant initially brought up the matter to Four Oaks on 3- 28 -I1. 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 -I1. He was told that damage was done to a table, piano bench and piano estimated at $350.00. Officer D advised that when he met with her that the Complainant had already been charged with disorderly house. Officer D advised that there would be no other criminal charges that would be appropriate in this case. The manager was first contacted by Officer C via the after -hours line. She further reported that Officer C said nothing negative about the Complainant, nor did he attempt to influence any complaint of criminal charges against hey. She advised she has been contacted in the past after hours by police officer of other issues. NOT SUSTAINED ALLEGATION #14 Officer D interviewed and questioned juveniles at the schools about alcohol and guns without parent consent, a violation of school board policy. In reviewing the policy it is apparent that it was followed by Officer D and school officials. The police department did not receive any complaints from school officials or parents. Police Citizen's Review Board followed -up with the Iowa City School Superintendent who was very emphatic that Iowa City Community School District policy was not violated In follow up the City High School Principal said the police did not violate the policy. The officer asked to speak with the students and the school gave permission. The Principal said the staff did discuss what happened afterwards, and he felt the school had an opportunity to improve how situations like this were handled in the future. The school understood the students who were interviewed were not under investigation or in trouble and the students were being helpful in providing information. There is no violation of state law or policies, procedures and general orders of the Iowa City Police Department in regards to Officer D's follow -up at the schools. NOT SUSTAINED a> i �i IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT "` `'' g July 2011 ' "$ Ofc # Date Inc # Incident Force Used, 38,39 7 -18 2011 - Disorderly a taser on an assaulted subject stopped in the 2 7 -01 20006 Injured Raccoon Officer used a sidearm to dispatch a sick SRT 7 -11 20487 Search Warrant raccoon. 20 7 -06 20267 Theft Officer used hands -on control and take down 34 7 -21 20963 Mental Subject techniques to affect an arrest on a resistive subject. 56,14 7 -08 20350 Trespass Officers used hands -on control techniques to remove and arrest a resistive and combative subject. 41 7 -08 82011 Intoxicated Officer used hands -on control techniques to Subject arrest and escort a physically resistive subject. 21 7 -09 20386 Injured Deer Officer used a sidearm to dispatch an injured deer that had been struck by a vehicle. 21 7 -09 20393 Suicidal Subject Officer displayed a taser and pointed the taser's laser to de- escalate a subject threatening physical harm. 9,40 7 -09 20394 Felony Traffic Officers displayed sidearms during a felony Stop traffic stop on vehicle reported to have armed occupants. 20 7 -10 20420 Fight in Officer deployed a taser and used hands -on Progress control techniques on a subject actively involved in a physical fight. 51,65 7 -10 20431 Out w /Subject Officers used hands -on techniques and deployed 38,39 7 -18 20830 Disorderly a taser on an assaulted subject stopped in the Conduct area of a burglary that had just occurred. SRT 7 -11 20487 Search Warrant SRT deployment for entry on a search warrant on a residence with a history of narcotics and 34 7 -21 20963 Mental Subject weapon related offenses. 2 7 -18 20807 Injured Raccoon Officer used a sidearm to dispatch a sick raccoon. 38,39 7 -18 20830 Disorderly Officers used hands -on techniques to control and Conduct arrest a resistive subject who had physically tried to prevent officers from arresting another subject. 34 7 -21 20963 Mental Subject Officer used hands -on techniques to control and restrain a combative subject during medical treatment. 44,38, 7 -21 20963 Assault Officers used hands -on techniques and deployed 26 a taser on subjects who had become combative CA during questioning regarding an assault investigation. 62 7 -24 21138 Domestic Officer used hands -on techniques and deployed a �_J Assault taser on a subject who was assaultive towards officers during arrest and transport to 'ail. 31 7 -31 21416 Out w /Subject Officer used hands -on and take down techniques Bar Check to stop a fleeing subject. ,�> C 4�, r a C ki CA �_J IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT August 2011 Ofc # Date Inc # Incident Force Used 2011- 18 8 -02 21525 Injured Deer Officer used a sidearm to dispatch an injured deer. 64 8 -03 23115 Injured Deer Officer used a sidearm to dispatch an injured deer. 87 8 -05 21653 Fight in Officer deployed a taser at a subject actively Progress engaged in an assault on another. 14 8 -21 22528 Theft Officer used hands -on control techniques and take down techniques to stop a fleeing subject the officer had witnessed commit a theft. 40 8 -27 22881 Fight in Officer deployed a taser at a subject who had Progress assaulted the officer and was attempting to re- engage. 20 8 -28 22956 Disorderly Officer used hands -on control and take -down House techniques during an arrest of a combative subject. r_ C CJ z -..... .,mri'tl DEPARTMENT MEMO #11-40 , TO: Chief Hargadine FROM: Captain R. D. Wyss RE: July- August 2011 Use of Force Review DATE: 2 December, 2011 z � C-11 ,rAd, U G The "Use of Force Review Committee" met on December 2nd, 2011. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in July, 22 Officers were involved in 16 separate incidents requiring use of force involving 22 individuals. In August, 6 Officers were involved in 6 separate incidents requiring use of force involving 5 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. Of the incidents reviewed over the two month period, 22 Officers had drawn sidearm or displayed weapons in response to 7 separate incidents that required a display of weapon response. Five of those incidents were for the destruction of an animal. A Taser was discharged on six occasions. Of the 22 incidents reviewed, 7 suspects and 3 Officers sustained superficial injuries as a result of the use of force. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee TO: File MEMORANDUM FROM: Captain Wyss, Administrative Services RE: Quarterly/Summary Report (Quarter 4 and all Quarters) IAIR/PCRB, 2011 DATE: January 3rd, 2011 Attached you will find the 2011 Quarterly Report, (Quarter 4), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. There were five internal investigations initiated in the 4 t quarter of 2011, and three of those investigations are currently pending. The attached summary reflects a combination of all quarters in 2011. cc: PCRB Chief Hargadine Sgt. Kevin Hurd r-3 ;-7 �m n _7 m RE: Quarterly/Summary Report (Quarter 4 and all Quarters) IAIR/PCRB, 2011 DATE: January 3rd, 2011 Attached you will find the 2011 Quarterly Report, (Quarter 4), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. There were five internal investigations initiated in the 4 t quarter of 2011, and three of those investigations are currently pending. The attached summary reflects a combination of all quarters in 2011. cc: PCRB Chief Hargadine Sgt. 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PCRB Report due (45days): PCRB Complaint #11 -03 Filed: 11/04/11 Chief's Report due (90days): 02/02/12 Chief's Report filed: ? ? / ? ? / ?? PCRB Mtg #1 (Review & Assign) ? ? / ? ? / ?? PCRB Mtg #2 (Review) ? ? / ? ? / ?? PCRB Report due (45days): PCRB MEETING SCHEDULE February 14, 2012 March 13, 2012 April 10, 2012 May 8, 2012 02/04/12 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS November 2011 Date Description None POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS December 2011 Date Description None * Annie Tucker ►� � N 1425 Oaklawn Ave. `F . °''` "` Iowa City, IA 52245 January 10, 2012 To the Members of the Iowa City PCRB: //O/Z First, I apologize for not being able to attend your meeting in person. I am the director of a local nonprofit and our board meetings are the second Tuesday of the month at 5 pm in North Liberty. I do not get back to Iowa City after the meetings until at least 6:45 pm. So, as a member of the community, I am writing you, since I will not be able to attend your meeting. would like to speak about a specific case: I am very surprised and disappointed about the board's decision in the Royceann Porter case. I sat through the trial May 19, 2011. In court, the magistrate heard the all of the City's witnesses, including a Saddlebrook staffperson, a retired librarian who lives across from the Saddlebrook clubhouse (the site of Ms. Porter's daughter's birthday party), the youth at the party who started the fight, and an investigator with the Police Department. When asked whether Ms. Porter provided alcohol, the youth said, "No, Ms. Porter doesn't drink." The City used an attorney from Cedar Rapids because the city attorneys were not involved. I am not sure of the reason for that, but the board may want to inquire. Once all the City's witnesses had spoken and both attorneys were done with them, the magistrate immediately acquitted Royceann Porter on a directed verdict, meaning without hearing from her witnesses. The City brought forward everything they had re: the charges against Ms. Porter, and apparently it was not sufficient to the support the charges in court. I found that very interesting. I would also like to focus on the board name and process. I propose that the board and the City consider changing the name of the board. The board is a citizen's board established to review complaints against the police. Most other cities use the name Citizen's Police Review Board, because the citizens are reviewing the police. I think a name change would make sense, both with the intent and grammatically. I also propose that we consider implementing a different process for reviewing citizen complaints against the police. Right now, all complaints against the police department go to the police department for investigation. I think this can be a deterrent to people who would like to file a complaint. I also think that it could undermine the perception of the credibility of the complaint process and findings because of a concern about a potential conflict of interest. am not at all implying that the investigations or decisions themselves are in any way compromised. I am saying that people could perceive that they are. And perceptions influence what people think and do. There are other models. I was curious about how those work, so I spoke with Ms. Beth Pittinger, the Executive Director of the Pittsburgh Independent Citizen's Police Review Board, which was created as an independent agency. They have three paid city employees who do the investigations and a board of volunteers that reviews their findings. (Of course, they are a far larger metropolitan area. I am not suggesting we need three investigators.) The PICPRB has investigatory and subpoena power and the power to hold public hearings, where the public can observe the trying of a complaint in front of three of their board members. Ms. Pittinger said this structure intentionally puts the review process in the public view unlike police investigations, which are internal and not public. She said an internal process can raise suspicion about the objectivity and impartiality of a process or decisions and doesn't promote trust or improve community relations. We definitely want a process that promotes trust and improves community relations. I imagine that is why the PCRB was established. She referred me to the National Association of Civilian Oversight of Law Enforcement. Their website is NACOLE.org She said it provides lots of information about different models in different cities. She encouraged anyone from Iowa City to contact her with questions at beth.pittinger @pittsburghpa.gov or at 412 -765 -8023. I encourage the board and the City Council set up a committee to review the current PCRB name and process. It is usual to review any program after it has been up and running for a number of years: there may be new relevant information to consider. Although I am not able to attend our PCRB meetings, I would be glad to work on a committee to review Iowa City's current process for citizen's review of complaints about the police and our options. I look forward to hearing from the board and the City Council. Sincerely, r Annie Tucker Tura �' cc: Iowa City Mayor Matt Hayek Iowa City City Council Members 317 CJ P a.i d U �l _j January 10th, 2012 TO: Police Citizen Review Board City Manager Iowa City Council Members Matt Hyatt Human Rights Commission Attorney Ray Scheetz From: Royceann Porter Re: Rebuttal of PCRB Complaint # 11 -01 F TL D JAN 10 2012 I am a member in good standing with the Iowa City PCRB. During the time that I have been on this Board, I have felt as if I have made a contribution to the Iowa City Community. I had come to believe that the good folks on this board are truly interested in providing community members with a alternative to resolving problems without litigation. While on the board I had an experience that prompted me to file complaint with the PCRB. As a member of that board, I was expecting fair, reasonable and respectful treatment. However, I soon learned that my action to file a complaint made me and outsider who troubled the waters of PCRB Board and the Police Department. I followed the procedures and policies that drive the PCRB's decision making. One of the statements that caught my attention in the guidelines was the fact that it stated that personal knowledge is required to make a fair and equitable determination about a complaint. It also stated that without direct involvement information will be rendered as second hand. It is my sincere belief that the fact that the Johnson County Judge issued a "Directed Verdict of Acquittal" which mean that I did not have to present evidence in my own case and this was not taken into consideration by the PCRB. The PCRB should have reviewed the evidence and the results of the case. PCRB went into closed session and begin to "interrogate" me. I didn't think that this was not a good outcome in terms that I felt I wasn't heard and respected by the PCRB. I believed that the charges were retaliatory. Here I am, a person whom have been called on for collateral collaboration from the Iowa City Police Department for my help with the youth in our community and yet when I needed help this is what I get. I felt like the PCRB was adversarial towards me and I felt revictimized in the process. It is disappointing and scary that we, the PCRB are charged as a Board to thoroughly review and follow up on any discrepencies in the investigative report. It is my opinion that there were some retaliation on the part of the police because I questioned some of the procedures being used and requested their badge numbers to report them to their police chief. There were a sequence of events in my opinion that led to the involvement of my employer at Four Oaks. It is no doubt in my mind that there was an effort of the part of police officers to get additional charges filed against me and there was an attempt of the part of some officers to solicit untrue statements from students at the school about alcohol and guns. Students were interviewed without parent consent and that is a violation of school board policy and parents did lodge a complaint at a public school board meeting. Because the PCRB can conduct their own investigation, it is amazing to me that this was not made clear simply by asking a few questions that these events did happened. The most difficult thing for me to believe is that in a court of law in our own community with our own judge, the evidence that was presented in court was totally disregarded. I do not want to take much more of your time as I could because I did take the time to review all of the evidence and could indeed share with you many more confusing points. I also would like to say that at this time I am willing to suffer the disappointment that I have felt at the the hands of some of my fello board members. However, I stand here before you tonight with my dignity still in tact and a willingness to work even harder for equity and fairness for all and to help make the PCRB Board one that citizen's in the Iowa City Community can depend on and trust. Thank you for your time. Royceann Porter I L, T D k( ,IAN 10 7012 City of Iowa City - Board, Commission & Committee Members cx Page 1 of 1 Adjust Text Size = ICgov.org Home Boards & Commissions Citizen Service Center I News I E- Subscriptions ( Jobs I Cale ar I Store search... go ICgov.org Home » ICgov.org Home » Boards & Commissions » Members [ Print this page] Boards, Commissions & Committees: Members POLICE CITIZENS REVIEW BOARD Staff Contact Marian Karr 356 -5041 Origin Contact staff. Number of Members Five. Appointed By The City Council. more information available Term One two -year, two three -year, and two four -year terms for initial appointments; four -year terms thereafter, all expiring on September 1. Duties To review Police Department investigations into allegations of misconduct lodged against police officers, conduct further investigation of the complaint when the Board deems it necessary, and issue a public report which explains why and the extent to which the complaint is sustained or not sustained; maintain a central registry of complaints against sworn police officers and issue annual reports regarding the disposition of the complaints to the City Council; review police policies and practices from time -to -time and recommend changes to the City Council. Public Meeting Second Tuesday of each month at 5:30 p.m Member Name Term Begins Term Ends Melissa Jensen 9/1/2008 9/1/2012 Royceann Porter 9/1/2008 9/1/2012 Joseph Treloar 9/1/2009 9/1/2013 Peter Jochimsen 9/1/2009 9/1/2013 Donald King, Chair 9/1/2011 9/1/2015 This page was last updated: 1/1012012 2:52:53 PM k A -Z Index I Residents I Government I Business I Visitors Citizen Service Center I News i E- Subscriptions I Jobs I Calendar I Store Contact Information I Web Policies I City Employee Resources Copyright 02006 -2012 City of Iowa City 410 E Washington St., Iowa City, IA 52240 Phone (319)356 -5000. http: / /www.iowa- city.org /icgov /apps /boards /members.asp ?id =21 1/10/2012 City of Iowa City - Police Citizen Review Board Adjust Text Size ICgov.org Home Boards & Commissions Applications Members Agendas & Minutes Position Vacancies Police Citizen's Review Board — Members — Forum Summary Archive — Public Complaint Reports — Annual Reports A6 -- Meeting Packets Youth Advisory Commission Page 1 of 2 Citizen Service Center I News I E- Subscriptions I Jobs I Calendar I Store Search our Site ISearch ... go A -Z Index I Residents I Government I Business I Visitors ICgov.org Home » Boards & Commissions » [ Print this page] Police Citizen's Review Board 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 citizen's views on the policies, practices and procedures of the Iowa City police department, review police practices, procedures, and written policies as those practices and procedures relate to the police department's performance as a whole, and report their recommendations, if any, to the city council, city manager and police chief. 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. . Reports View Forum Summaries View Public Complaint Reports View Annual Reports 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. (If the complaint is about the Chief, the City Manager will conduct the investigation.) The Chief completes the 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 Chiefs report are sent to the PCRB and to the complainant, the police officers, and the City Manager. • The PCRB reviews the Chiefs report and may conduct additional investigation or request that the Chief do so. Within 45 days of receipt of the Chiefs 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 Chiefs 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. For More Information PCRB 410 E Washington Street Iowa City, Iowa 52240 (319) 356 -5041 Complaint forms are available: • City Clerk/City Hall • Police Department/City Hall • Iowa City Public Library • Broadway St Neighborhood Center • Pheasant Ridge Center This page links to information stored in % Adobe Acrobat format. If you require software to view these files, a reader may be obtained free at Adobe's website. http: / /www.icgov.org /default / ?id =1824 1/10/2012