HomeMy WebLinkAbout03-21-2012 Police Citizens Review BoardMEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
March 15, 2012
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on March 21, 2012
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 03/21/12
• Minutes of the meeting on 02/22/12
• Complaint Deadlines
• PCRB Office Contacts — February
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
March 21, 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 02/22/12
ITEM NO. 3
OLD BUSINESS
• 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
• April 10, 2012, 5:30 PM, Helling Conference Room
• April 17, 2012, 7:00 PM, Iowa City Public Library — (Rescheduled to May 9)
• May 8, 2012, 7:00 PM, Helling Conference Rm
• May 9, 2012, 7:00 PM, Iowa City Public Library — Community Forum
ITEM NO.10 ADJOURNMENT
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — February 22, 2012
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 and Catherine Pugh
STAFF ABSENT: None
OTHERS PRESENT: Captains Rick Wyss and Jim Steffen, Officer David Schwindt of the ICPD;
Caroline Dieterle, Charles Eastham, Marianne Dennis, Henry Harper,
Annie Tucker, Tara Bannow, Dean Abel, and Marian Coleman Public.
RECOMMENDATIONS TO COUNCIL
Accept PCRB Report on Complaint #11 -02
CONSENT
CALENDAR Motion by Jochimsen and seconded by Jensen to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 01/10/12
• ICPD Use of Force Report— September 2011
• ICPD Use of Force Report— October 2011
• ICPD Department Memo #12 -04 (September - October 2011 Use of Force
Review)
Motion carried, 5/0.
OLD BUSINESS Community Forum — Tuttle informed the Board that the City Council was meeting
on the same night as the forum and asked if they wished to change the date. The
Board directed staff to check the availability at the Library for Wednesday, May
2nd
Tuttle also looked into childcare and had found that other Boards and
Commissions had not offered childcare in the past. Also that the City Attorney's
office had said there was nothing prohibiting the Board from offering childcare but
until they had some type of proposal from the Board they couldn't confirm if it
was possible. Tuttle asked the Board to think about whether this was a role the
Board thought they wanted to serve and be responsible for. Also if an outside
organization wanted to offer childcare on their own, that was also acceptable.
Annie Tucker commented that a committee working with the Human Rights
Commission had shown a video at the library and the Library had provided space
and the committee had gotten the consent from the children's room staff to use
the room for Child Supervision. Graduate and University students volunteered to
staff the supervision, and no background checks were done. King asked for a
motion to provide childcare service for the Community Forum, which failed due to
no motion.
PCRB
February 22, 2012
Page 2
Tuttle had a draft agenda and notice and asked the Board if they were interested
in collecting questions or comments before the forum as they had done the
previous year. The Board agreed to ask for those again. Tuttle stated that the
forum would be publicized the same as it had been in the past.
NEW BUSINESS Correspondence distributed at 1/10/12 meeting from Royceann Porter— King
suggested forming a sub - committee to respond to the letters from Porter and
Tucker, and submit a draft to the Board at the next meeting. Pugh stated the
following:
1. There really isn't a procedure for a review of a complaint once the public report
to the Council has been issued.
2. When the complaint first came to the Board, one of the Board members
commented that this is not going to be easy because no matter how the
complaint was looked at, if the Board attempted to give more deference to
Royceann they would be accused of mishandling the complaint and since it
was a Board member there was a natural feeling that the Board members
wanted to give as much deference to Royceann as possible, but they're
charged with a duty and that is to review the Chief's finding's.
3. The Board's review is limited and you can recommend the Chief's reversal
only if his finding is not supported by substantial evidence, if it is arbitrary,
unreasonable or capricious, or contrary to public policy or laws.
Pugh said she witnessed the internal questioning and thinks everyone has a
different perception of how that went. She stated that Royceann is a valuable
member of the Board and probably the best thing for the Board to do is to put the
situation behind them, it was unfortunate and difficult, and as Counsel she felt the
Board discharged their duties in the best way possible under the ordinance and
under the law.
Pugh stated the Board needed to make a decision. Whether to have a sub-
committee prepare a response for the Board to review or if her comments were a
sufficient response to Royceann's letter.
After Board discussion, it was agreed that Legal Counsel Pugh's comments
would be sufficient response to Royceann Porter's letter.
Correspondence distributed at 1/10/12 meeting from Annie Tucker — King stated
that the letter from Tucker refers to the court case against Porter, Board name
change, and the review process of citizen complaints. King reviewed previous
Board discussions on the overall review of the ordinance, by -laws and standard
operating procedures.
PUBLIC
PCRB
February 22, 2012
Page 3
DISCUSSION Several members of the public (Dean Abel, Marian Coleman, Marianne Dennis,
Caroline Dieterle, Charles Eastham, Henry Harper, Annie Tucker) appeared and
spoke regarding the following:
1. Changing the name of the Board.
2. Complaint process.
3. Investigative procedure.
4. Limited review and authority of the Board.
5. Public perception.
6. Use of subpoena power.
Porter stated she wrote the letter (See discussion under "New Business ") to
address how she felt she was treated by fellow Board Members; was "ok" with
the outcome; and planned to continue on the Board.
King stated that there were a lot of things talked about that will lead to discussion
at the community forum where the Board can take the opportunity to educate the
public and discuss changes.
BOARD
INFORMATION None.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Motion by Treloar and seconded by Jochimsen 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 6:54 P.M.
(BREAK)
PCRB
February 22, 2012
Page 4
(Porter left executive session due to a conflict of interest — 7:00 P.M.)
(Porter returned to executive session — 7:03 P.M.)
REGULAR
SESSION Returned to open session at 7:08 P.M.
Motion by Treloar, seconded by Jensen to forward the Public Report as amended
for PCRB Complaint #11 -02 to City Council. Motion carried, 4/0, Porter
abstaining.
Motion by Treloar, seconded by Porter to set the level of review for PCRB
Complaint #11 -03 to 8- 8- 7(13)(1)(a), on the record with no additional investigation.
Motion carried, 5/0.
Motion by King, seconded by Treloar to request a 45 -day extension for PCRB
Complaint #11 -03, due to timelines and scheduling. Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• March 21, 2012, 5:30 PM. Helling Conference Rm
• April 10, 2012, 5:30 PM, Helling Conference Room
• April 17, 2012, 7:00 PM, Iowa City Public Library — (Rescheduled to May)
• May 8, 2012, 7:00 PM, Helling Conference Rm
• May 9, 2012, 7:00 PM, Iowa City Public Library — Community Forum
ADJOURNMENT Motion for adjournment by Treloar, seconded by King.
Motion carried, 5/0. Meeting adjourned at 7:11 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
From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #11 -02
This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of
Complaint PCRB #11 -02 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -7B (2), the Board's job is to review the Police
Chief's 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 September 28, 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 December 21, 2011
The Board met to consider the Chiefs Report on January 12, 2012 and February 22, 2012. At the January
12th meeting the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B) (1) (a), "on
the record with no additional investigation ".
February 23, 2012
u
To: City Council
Complainant
CO
City Manager
f
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #11 -02
This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of
Complaint PCRB #11 -02 (the "Complaint ").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -7B (2), the Board's job is to review the Police
Chief's 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 September 28, 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 December 21, 2011
The Board met to consider the Chiefs Report on January 12, 2012 and February 22, 2012. At the January
12th meeting the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B) (1) (a), "on
the record with no additional investigation ".
FINDINGS OF FACT
On September 23, 2011 at 1532 hrs, the Joint Emergency Communications Center (JECC) received a call
from a female caller advising a resident at her home had assaulted a female. The Iowa City Police
Department responded and investigated a call for service at 1313 Davenport. When officers arrived,
they found three females outside and a male subject (the Complainant) sitting on the front steps.
The Caller stated she had rented a room to the Complainant and there had been problems since. When
the caller asked a female friend to assist with retrieving a cable box from the Complainants room, the
Caller stated the Complainant grabbed her friend by the neck and arm, and pushed the friend. Officer
071022 observed bruising on the friend's right arm.
After interviewing all parties involved, Officers decided the Complainant would be charged and released
with Simple Assault.
ALLEGATION #1
Complainant stated that he was threatened with arrest by Officers.
Complainant alleged that during the course of the investigation Officer 850406 told him that "he was
going to arrest him if he didn't shut up. "Although Officer 850406 did not have his body mic activated or
video recorder on while he was on this call, and there is some disagreement as to what the conversation
was, there is no indication of misconduct on the part of the Officer. After the officers conferred, the
Complainant was charged with Simple Assault although an in custody arrest would have been lawful and
consistent with Department Policy. During the interview, the Complainant acknowledged when the
Officer asked the Complainant to step outside, the Complainant initially told the Officer he wasn't going
outside because he would be arrested.
3 NOT SUSTAINED
ALLEGATION #2
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Complainant stated that he was intimidated by the Officers
The report of the interview with the Complainant reflected that Complainant said that he officers were
not threatening to him. The Complainant said that he was not intimidated by the officers themselves,
just by the fear that that his social security check would betaken if he was arrested. Although it does
appear that this was an incident that the Complainant found to be quite stressful, there is no evidence to
support his allegations that the officers intentionally contributed to this.
NOT SUSTAINED
March 21, 2012 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #11 -03
Filed: 11/04/11
Chief's Report due (90days): 02/02/12
Chief's Report filed: 01/27/12
PCRB Mtg #1 (Review & Assign) 02/22/12
PCRB Mtg #2 (Review) 03/21/12
PCRB Report due (45days): 03/12/12
45 -day Extension Request: 04/26/12
PCRB MEETING SCHEDULE
March 21, 2012
April 10, 2012
May 8, 2012
May 9, 2012 — Community Forum
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
February 2012
Date Description
None