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.
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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
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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
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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
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 $350.00. Officer D advised
that when he met with her that the Complainant had already been charged with disorderly house.
Officer D advised that there would be no other criminal charges that would be appropriate in this
case. The manager was first contacted by Officer C via the after -hours line. She further reported
that Officer C said nothing negative about the Complainant, nor did he attempt to influence any
complaint of criminal charges against hey. She advised she has been contacted in the past after
hours by police officer of other issues.
NOT SUSTAINED
ALLEGATION #14
Officer D interviewed and questioned juveniles at the schools about alcohol and guns without parent
consent, a violation of school board policy.
In reviewing the policy it is apparent that it was followed by Officer D and school officials. The
police department did not receive any complaints from school officials or parents.
Police Citizen's Review Board followed -up with the Iowa City School Superintendent who was
very emphatic that Iowa City Community School District policy was not violated
In follow up the City High School Principal said the police did not violate the policy. The officer
asked to speak with the students and the school gave permission. The Principal said the staff did
discuss what happened afterwards, and he felt the school had an opportunity to improve how
situations like this were handled in the future. The school understood the students who were
interviewed were not under investigation or in trouble and the students were being helpful in
providing information.
There is no violation of state law or policies, procedures and general orders of the Iowa City
Police Department in regards to Officer D's follow -up at the schools.
NOT SUSTAINED
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT "` `'' g
July 2011 ' "$
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
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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.
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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.
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DEPARTMENT MEMO #11-40
,
TO:
Chief Hargadine
FROM:
Captain R. D. Wyss
RE:
July- August 2011 Use of Force Review
DATE:
2 December, 2011
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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
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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
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January 10, 2012 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #11 -02
Filed: 09/28/11
Chief's Report due (90days): 12/27/11
Chief's Report filed: 12/21/11
PCRB Mtg #1 (Review & Assign) 01/10/12
PCRB Mtg #2 (Review) ? ? / ? ? / ??
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
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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
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City of Iowa City - Police Citizen Review Board
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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.
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