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AGENDA
POLICE CITIZENS REVIEW BOARD
June 12, 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 04/30/12
o Minutes of the meeting on 05/09/12
• ICPD Use of Force Report — November 2011
• ICPD Use of Force Report -- December 2011
• ICPD Department Memo #12 -16 (Nov -Dec 2011 Use of Force Review)
ITEM NO. 3
OLD BUSINESS
• Community Forum — Draft Summary
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
• July 10, 2012 5 :30 PM, Helling Conference Rm
• August 14, 2012, 5:30 PM, Helling Conference Rm
• September 11, 2012, 5:30 PM, Helling Conference Rm
• October 9, 2012, 5:30 PM, Helling Conference Rm
ITEM NO.10 ADJOURNMENT
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES -- April 30, 2012
CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Melissa Jensen, Royceann Porter, Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh
STAFF ABSENT: None
OTHERS PRESENT: Captain Jim Steffen and Officer David Schwindt of the ICPD.
RECOMMENDATIONS TO COUNCIL
None
CONSENT
CALENDAR Motion by Jensen and seconded by Porter to adopt the consent calendar as
presented or amended.
Minutes of the meeting on 03/21/12
+ ICPD General Order 00 -03 (Less Lethal Impact Munitions)
• ICPD General Order 00 -08 (Weapons)
+ ICPD General Order 08 -01 (Conducted Energy Devices)
Motion carried, 410.
OLD BUSINESS Community Forum — Motion by Treloar, seconded by Porter to accept
correspondence in regards to the public forum from the following -- Julie Jones,
The Coalition for Racial Justice, Lindsay Jarratt, Patricia Donalds, Charles
Eastham, Annie Tucker.
Motion carried, 410.
Pugh stated that her portion of the presentation for the forum would mainly cover
the legal aspects of what governs the PCRB and what limits the power, the
standard of review, and investigations. Discussion regarding the process,
mediation and investigations occurred. Pugh stating that with an outside
investigator, officers are not compelled to answer like they are when the
investigation is done within the department. Porter stating she didn't understand
why we offered mediation when both parties must agree to it and the ICPD has
yet to agree. The Board reviewed questions submitted by members of the public
and decided who would cover those areas for the presentation and confirmed the
handouts that will be made available. The committee drafting the forum
summary was also determined and that the goal is to have a draft in the June
12`" meeting packet for the Board to review.
PCRB
April 30, 2012
Page 2
NEW BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
None.
In response to earlier discussion regarding mediation, Schwindt stated as
President of the Union he always advises officers to not participate in mediation.
Even if mediation would occur and the complaint would be dropped, the officers
still go through the internal investigation and receive disciplinary action if
necessary. The investigation process is done by someone with more experience
and seniority that has a career and integrity to uphold within the department. It is
very stressful for the officers and from his point of view mediation is not beneficial
to the officer. Porter thanked him for the information and said that gives a better
understanding of the process that occurs within the department when an officer
has a complaint filed against them.
None.
Tuttle confirmed the number of Board members attending the Board and
Commission training being offered on May 22 at the ICPL.
Not needed.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• May 9, 2012, 7:00 PM, Iowa City Public Library -- Community Forum
June 12, 2012, 5:30 PM, Helling Conference Room
• July 10, 2012 5:30 PM, Helling Conference Rm
August 14, 2012, 5:30 PM, Helling Conference Rm
ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter.
Motion carried, 410. Meeting adjourned at 7:00 P.M.
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DRAFT
POLICE CITIZENS REVIEW BOARD
COMMUNITY FORUM
May 9, 2012, 7:00 P.M.
IOWA CITY PUBLIC LIBRARY
123 South Linn Street, IC
CALL TO ORDER: Chair Donald King called the meeting to order at 7:00 P.M.
MEMBERS PRESENT: Melissa Jensen, Royceann Porter, Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
(Transcriptions are available)
INTRODUCTION OF BOARD, OVERVIEW OF THE COMPLAINT REVIEW PROCESS
AND PURVIEW OF THE BOARD.
King introduced Board members, Pugh gave an overview of the
Board and its powers, and Board members answered pre -forum
questions received from the public.
PUBLIC
DISCUSSION The following individuals appeared before the PCRB:
Caroline Dieterle
Janie Braverman
Barbara Davidson
Carrie Norton
Mike Smithey
Charlie Eastham
Annie Tucker
Diane Finnerty
Peter Hansen
Orville Townsend
727 Walnut St, IC
829 Camp Cardinal Rd, IC
320 S Dubuque St, IC
1008 Marcy St, IC
410 E Washington St, IC
37 Colwyn Ct, IC
1425 Oaklawn Ave, IC
728 Dearborn St, IC
1 Oaknoll Ct, IC
713 Whiting Ave, IC
ADJOURNMENT Motion by Jensen and seconded by Treloar to adjourn.
Motion carried, 410. Meeting adjourned at 8:24 P.M.
(Forum Summary will be submitted to Council)
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
November 2011
Ofc #
Date
Inc ft
Incident
Force Used
2011-
21
11 -07
27268
Injured Animal
Officer used a snare pole to capture an injured
raccoon and move to a safe location to use a
firearm to destroy the animal.
31,39
11 -09
27293
Mental
Officers used hands -on control and take down
Impairment
techniques to control a resistive and combative
subject during a hospital committal.
17
11 -10
27361
Injured Animal
Officer used a sidearm to destroy an injured
deer.
60,33
11 -10
27357
Assault
Officers used bands -on control techniques and
displayed a Taser towards a juvenile who was
combative with officers during an assault
investigation. The juvenile was handcuffed to
execute transport to a juvenile facility.
84
11 -18
27774
Pedestrian
Officers used hands on control techniques on a
Duties
resistive and combative subject who had been
confronted for obstructing traffic.
65
11 -21
27988
Fight in
Officer deployed a taser on a subject actively
Progress
attempting to assault another.
s
ny
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
December 2011
Me #
Date
Inc #
Incident
Force Used
2011-
93,86,
12 -04
28577
Welfare Check
Officers discharged a Taser, less lethal shotgun,
18,65,
and a sidearm at a suicidal subject armed with
36,5,2
and attempting to use a gun. Hands -on control
and take down techniques were utilized to
handcuff the subject after deployment.
52
12 -06
28658
Criminal
Officer used hands -on control techniques and
Mischief &
discharged a Taser to control a subject who
Disorderly
became combative while receiving treatment at a
Conduct
hospital.
49
12 -10
28935
Injured Animal
Officer deployed a sidearm to destroy an injured
deer.
SS
12 -10
28923
Injured Animal
Officer deployed a sidearm to destroy an injured
deer.
66
12.13
22998
Traffic Stop
Officer discharged a Taser and used hands -on
control techniques to affect an arrest on a subject
who had fled from and assaulted the officer.
13,40
12 -16
2012-
Theft
Officers used hands -on control techniques to
2480
control a subject who became combative during
questioning during a theft investigation.
2
12 -17
29180
Criminal
Officer used hands -on control and take -down
Mischief
techniques to stop a fleeing subject.
30,44
12 -20
29333
Juvenile
Officer used hands -on control and take down
Complaints
techniques to control a resistive and combative
uvenile while halting a lar e juvenile party.
24
12 -31
29689
Armed Subject
Officer displayed a Taser at subject who had
armed himself with scissors and was threatening
hospital security staff.
DEPARTMENT MEMO #12 -16
TO: Chief Hargadine
FROM: Captain Jim Steffen
RE: November - December 2011 Use of Force Review
DATE: April 30, 2012
The "Use of Force Review Committee" met on April 30, 2012. It was composed of
Captain Steffen, Sgt. Krei and Sgt. D. Brotherton.
For the review of submitted reports in November, S Officers were involved in 6 separate
incidents requiring use of force involving 4 individuals. In December, 17 Officers were involved
in 9 separate incidents requiring use of force involving 7 individuals.
In two incidents officers fired multiple shots to destroy an injured animal. It is
recommended that the Watch training on correct shot placement to destroy an animal be
reissued. All issues or concerns were identified and addressed at previous levels of review.
Officers are reminded that the "Type of Incident" refers to the original call for service. As a
further clarification on the documentation of injuries, the suspect and officer injury check boxes
on the front of the form refer only to injuries that are directly related to the use of force. Pre-
existing injuries or injuries not related to the use of force should be noted in the narrative.
Of the incidents reviewed over the two month period, a Taser was discharged on three
occasions, and on two occasions a Taser was displayed which resulted in compliance without
deployment. There was one pursuit involving 3 officers, in which one officer deployed a Taser,
one utilized a less lethal shotgun and one officer utilized his sidearm.
Of the 15 incidents reviewed, 5 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
June 92, 2092 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Comalaint #12 -01
Filed: 04/09/12
Chief's Report due (90days): 07/09/12
Chief's Report filed: ? ?I ? ?I12
------------------------------------------------------------------------------------
PCRB Mtg #1 (Review & Assign) ? ? / ? ?I12
PCRB Mtg #2 (Review) ? ? / ? ?/12
PCRB Report due (45days): ? ?I ? ?I12
------------------------------------------------------------------------------ - - - - --
PCRB Comalaint #12 -02
Filed: 05/07/12
Chief's Report due (90days): 08/06/12
Chief's Report filed: 05/15/12
-------------------------------------------------...._--------------------------------
PCRB Mtg #1 (Review) 06/12/12
-------------------------...._--------------------------------------------------------
PCRB Report due (45days): 06/29/12
------------------------------------------------------------------------------ - - - - --
PCRB MEETING SCHEDULE
July 10, 2012
August 14, 2012
September 11, 2012
October 9, 2012
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
April 2012
Date Description
4 -24 -12 Individual filed complaint and received call from PD but does
not wish to talk to Police until after court date. She will
inform PD to wait until after court date.
4 -25 -12 Mailed complaint form.
4 -2512 Handed out form to individual that may return for assistance
in completing it.
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
May 2012
Date Description
None
POLICE CITIZENS REVIEW BOARD
A Board of the City oflotiva City
410 East Washington Street
Iowa City, IA 52240 -I826
(319) 356 -5041
June 12, 2012
Iowa City City Council
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
DRAFT # 1
Re: Police Citizen Review Board's Annual Community Forum Conducted 9 May 2012
To Whom It May Concern:
The Police Citizens Review Board held its annual forum at the Iowa City Public Library in
Room A at 7:00pm. Board members present were Donald King, Chairperson, Joseph Treloar,
Melissa Jensen, and Royceann Porter. New member Kingsley Botchway was present but not on
the panel due to just being appointed. The Board's Legal Counsel Catherine Pugh was also
present.
The Chairperson called the forum to order and the agenda was presented.
Legal Counsel Pugh started the presentation with a quick outline of the responsibility and
procedures that the board must follow. She highlighted some of the questions that have been
posed about what the board can and cannot do. She pointed out that the primary federal law that
makes our job interesting is the Fifth Amendment, to avoid incriminating oneself. Chapter 400 of
the Civil Service is the limitation that the PCRB has no ability to discipline any police officer.
Ms. Pugh went on to explain the procedure for filing a complaint with the PCRB. The PCRB
gives the complaint to the Police Chief to investigate. The Chief and the City Manager are the
only individuals who have the ability to compel the testimony of police officers. This power is
particular to a public employee. Private employers cannot compel their employees to testify.
This is why the Chief investigates the complaints. If complaints were investigated by the PCRB
alone or by a private investigator, there would be no accused officer's testimony. The standard of
review that the PCRB uses is one of reasonable basis that is outlined in our ordinance and is
described very specifically. Since the Chief makes a decision and he has the expertise in police
matters, the PCRB's review of his decision is a reasonable basis review. The only reason the
PCRB cannot sustain a decision of the Chief is if it is unreasonable. This is the standard of
review that was chosen at the time the ordinance was created. It can be changed but that's what
we have to work with right now.
Member Treloar and Member Jensen answered several of the questions that had been submitted
by the public to the City Clerk's Office. Most questions dealt with Police Department procedures
once a complaint is filed. .
DRAFT #1
Chair King shared the statistics. Since 1997 80 complaints were filed with 177 allegations, 6
allegations were sustained during those complaints. King explained that the recommendations to
the City Council were on the web site along with all of the complaints since 1997. Chair King
advised the attending group of the meetings being open to the public and held on the second
Tuesday of the month.
The forum was then opened to the public for questions.
Caroline Dieterle asked if the review board had gone to the City Council to have the name
changed. She stated that she knew we could not do it, but that the City Council could vote and
change it. She was told by Chair King that it had not been taken to the City Council.
One audience member asked that her letter to the PCRB be read into the record.
Member Jensen read the letter into the record. She recalled that most of the changes had been
discussed at length and that they were ready to go to the City Council with recommendations.
She said we had been looking at the procedures, bylaws, and ordinances. She feels that those
issues were abandoned, Were there any recommendations made?
Member Treloar explained that he had received information from four other citizen review
boards. When comparing then' laws with our laws, their laws being quite different, there were a
lot of things we couldn't apply. Some had powers to discipline officers. That's not in our Charter.
Treloar then asked if he could make a motion to recommend to the City Council we change the
name.
Treloar motioned and Member Jensen seconded the motion to recommend to the City Council
that the name be changed. Motion carried 40. We will officially recommend to the council at
our next meeting.
A question from the public was presented about training to deal with active mental illness. A
member from the police department who was in the audience explained training procedures and
stated that just this year training was given to cover the subject.
The four members present were asked to give their thoughts on the structure of the board. All
members responded, The conscience was that the feeling from the public about openness could
not be helped since the privacy and confidentiality of the complainant did not allow us to discuss
with them our procedures during Executive Sessions.
One concern expressed was about spending too inuch time on officer misconduct and not enough
time in dealing with the disproportionate arrest and citations rates for black youth in the
community. The PCRB should make more recommendations to the City Council about police
policies, practices and procedures.
DRAFT #1
One community member asked if the City Council had asked the Human Rights Commission to
take a look at the PCRB Process. City Mayor Matt Hayek said that it was on their pending work
session.
Some members of the public spoke on the transparency of the complaint process. It was again
pointed out that we are limited on the information we can share with the public about our process
in keeping the identity of the individuals involved private. Treloar pointed out that our police
department strives hard to keep their officers' actions transparent by wearing microphones and
having videos in the patrol cars. Policy requires the officers to use both on all calls.
One person questioned the process of knowing the officers involved and keeping the number of
complaints filed against him. The board wants to remain blind to the identity of the officers
involved so their decisions wouldn't be tainted by that knowledge. PCRB again has no authority
to discipline officers.
The process of where the complaint is filed was brought tip. Complaint can be filed at the Police
Department or the PCRB. Thought was that maybe all complaints should go to the PCRB. This
again would require the current practice to be changed. PCRB currently gets the statistics from
the department but does not review the internal complaints.
A motion for adjourmnent was raised by Jensen and seconded by Treloar and voted 4 -0 to
adjourn at 8:30pm
Donald King
Chairperson
Police Citizen Review Board