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HomeMy WebLinkAbout05-09-2012 PCRB Community ForumPOLICE CITIZENS REVIEW BOARD ANNUAL COMMUNITY FORUM MAY 9, 2012, 7:00 PM IOWA CITY PUBLIC LIBRARY, RM A 123 South Linn Street, IC ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 INTRODUCTION OF BOARD, OVERVIEW OF THE COMPLAINT REVIEW PROCESS AND PURVIEW OF THE BOARD ITEM NO. 3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND /OR DOCUMENTS ITEM NO. 4 PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM NO. 5 ADJOURNMENT We invite YOU to attend a forum. The City of Iowa City POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM WHEN: Wednesday, May 9, 2012 TIME: 7:00 PM WHERE: Iowa City Public Library, Rm A 123 South Linn Street, IC TOPIC: The Police Citizens Review Board will be holding a Community Forum on the Complaint Review Process and purview of the Board; and also for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. (Find ICPD General Orders at www.icgov.org under Police Dept) QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 30th: Please include full name and address. (All correspondence is public) FifflMal City of Iowa City 410 E Washington St Iowa City, IA 52240 Or e -mail to PCRB staff: kellie- tuttle @iowa- city.org The Board will attempt to address all correspondence received. The forum will be taped for rebroadcast. City of Iowa City - News & Headlines (((( iBack to Site a Back to News Releases News Releases Originally posted on Tuesday, April 10, 2012 at 8:34:31 AM POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM The Police Citizens Review Board will be holding its Annual Community Forum on the Complaint Review Process and purview of the Board; and for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. WHEN: Wednesday, May 9, 2012, TIME: 7:00 PM WHERE: Iowa City Public Library, Rm A 123 South Linn Street, IC Questions & Comments: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 30th: Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 Or e -mail to PCRB staff: kellie- tuttle (o)iowa- citv.org The Board will attempt to address all correspondence received. The forum will be taped and rebroadcast on the Interactive City Channel 5. The agenda is available at: http : / /www.icgov.org /defaulUapps /boards /board List. asp Originating Department: City Clerk Contact Person: Kellie Tuttle Contact Phone: (319) 356 -5043 (( Back to News Releases Page 1 of 1 littp: / /www.icgov.org /default /apps /GEN/ news. asp ?newsID = 7810 &output =print 6/28/2012 City of Iowa City - News & Headlines (((( iBack to Site (( Back to News Releases News Releases Originally posted on Monday, May 07, 2012 at 9:08:23 AM POLICE CITIZENS REVIEW BOARD ANNUAL COMMUNITY FORUM The Police Citizens Review Board will be holding its Annual Community Forum on the Complaint Review Process and purview of the Board; and for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. WHEN: Wednesday, May 9, 2012, TIME: 7:00 PM WHERE: Iowa City Public Library, Rm A 123 South Linn Street, IC The forum will be taped and rebroadcast on the Interactive City Channel 5. The agenda is available at: http://www.icqov.or_q/defaultlal)l)s/boards/boardList.asp Originating Department: City Clerk Contact Person: Kettle Tuttle Contact Phone: (319) 356 -5043 a Back to News Releases Page 1 of 1 littp: / /www.icgov.org /default /apps /GEN /news.asp ?newsID= 7882 &output =print 6/28/2012 f fa-A-l_eld - Keille Tuttle From: Kevin Crawley Sent: Thursday, April 26, 20121:21 PM To: Kettle Tuttle Cc: Jerry Nixon Subject: PCRB Forum sequencers Hey, Keillel I put these up yesterday. You had asked earlier, but I found that It I start those things too early, everybody Ignores them by the time the event rolls around. Thanks, Kevin '(�e�sar• invited to tiro City of io"va City Police Gitixons Review Hoard (>OM1111-inity F ortim Weth>osday, May 9 7:ilb PM Iowa City Public Library 123 S. Linn Street l hr, Police Citizens Review Board will he holdinq_ a Pomnwnity 1 =01111 on the Complaint. Review Process and punri0w of the Board; and also for 1110 purpose of hearing Citizen's views on tier, policies, N ciices and procedures of the Iowa City Police pat I ment. (Find ICPD General Ordn, of VVk'A .iC..gov.org under Police Dept) The forum will be tapod for rebroadcast ` ml all irrviterl to tho (,'fly of lovua City Poi ice citivetts review Board Corni'Mi lity F011aft1 QMSTIONS & COMMENTS: gelid your CluestianS or comments you'd like addressed at the forum to the following by Mondry, April 30th: PCRB City of Iowa City Or c -mail to PCRB staff• 1 10 IP Washington St keilie- tuttle('iowa- City.org lowa City, IA 522 0 Please include full name and address. (All correspondence IS public..) The forum will be taped for rebroadcast Kellie Tuttle From: Sam Hargadine Sent: Tuesday, April 10, 2012 3:58 PM To: 'julie- jones @uiowa.edu' Cc: Kellie Tuttle Subject: RE: question for police citizens review board Ms. Jones, This is a jurisdictional question that the PCRB would forward on to the police department anyway so I'll take the liberty of answering your question and hopefully cutting down the time it would take to get your question answered. Private property will always be the jurisdiction of the Iowa City Police Department, even on game days and even if it's a problem associated with game day or vendors camped out on someone's private lot. The non - emergency phone number to the Joint Emergency Communications Center is 356 -6800. If it is an emergency then dial 911 and you will be directly routed to the JECC dispatcher. The JECC is not the Iowa City Police Department, they are an independent agency but they should ask you enough information to adequately determine what the problem is and who to send. In the future, if you are given a similar run -a -round I would ask to be connected with the ICPD front desk and then ask for the Watch Commander. If the Watch Commander is unavailable then ask to leave a message and they should call you back. Depending on where the problem is an exact address should let a dispatcher know which jurisdiction to send. Absent an exact address then a dispatcher would have to guess and sometimes they guess wrong. I hope this helps. Sarnad & NaWad&w Chief of Police Iowa City Police Department 410 E. Washington St. Iowa City, IA 52240 -1826 From: Kellie Tuttle Sent: Tuesday, April 10, 2012 1:42 PM To: 'Jones, Julie K' Cc: Sam Hargadine Subject: RE: question for police citizens review board Julie, The Police Citizens Review Board reviews investigations into claims of inappropriate conduct by sworn Iowa City police officers; and also reviews the police policies, procedures, and practices, and may recommend modification's to them. I am forwarding your question to Police Chief Hargadine of the ICPD to respond to your concerns. Thank you, Kellie Tuttle City of Iowa City City Clerks Office 410 E Washington St Iowa City, IA 52240 (319) 356 -5043 From: Jones, Julie K [mailto:julie- jones @uiowa.edu] Sent: Tuesday, April 10, 2012 10:18 AM To: Kellie Tuttle Subject: question for police citizens review board Kellie, I would like to ask a question for the review board: We live on Melrose Circle. During UI football game days, there are occasions when we need some police assistance with the tailgating lot behind our house. The tailgating lot's entrance is at 609 Melrose Ave. We have had difficulty knowing who to call in these cases. When we call the IC police, they say it is UI police territory. When we call UI police, they say it is IC police territory. Could we get a definitive answer on who to call? Also, once that decision is made, could those officers please patrol that lot during football game days? There is a lot of public urination going on through our fence even though there are several portable toilets in the lot. Thank you, Julie Jones 4 Melrose Circle Iowa City, IA 319 - 330 -9954 Tito Coafltion for lilaotat Jnstlee clo 600 N Clinton Street Iowa City, Iowa 62240 Phone:xxxx Email: xxxxx To: Iowa City City Councilors Prom: Dorothy WhIston, on behalf of The Coalition for Racial Justice CC: Iowa City Human Rights Commission, Iowa City Police Citizen Review Board Re: Coalition for Racial Justice support for the ICHRC proposal Date: April 16, 2022 Given the recent concerns expressed about and the press coverage related to the City's "Police Citizen Review Board," we are writing In support of the IC Human Rights Commission's motion, passed at their March 20, 2022 meeting: Motion that the Human Rights Commission recommends to the Iowa City City Council that a committee Is established to review the Police Citizen Review Board. That committee can he compromised of city staff and or Commissioners and or councilors, and community members, and that It Investigates strengths and challenges of the current model, but also takes Into consideration whether it Is the right model for the city. We believe that public safety will be advanced by a review of the PCRB, Including a review of Its name, Its structure, what has been effective, and what community members have perceived as barriers to using the PCRB as it is currently constructed. We have been particularly troubled by the treatment of PCRB member and community leader, Royceam► Porter, as told in the Board minutes end In the Press CR/xen. We believe that all members of the community will be better served, including the IC Police Department, by ensuring that concerns about law enforcement actions are reviewed by a body external to the police department. Please do not hesitate to contact us If we can be of assistance in the Councilors' deliberations of this Important proposal and /or in the development of a review committee. About The Cenifflont In August 1010, the Consutlallon Oeligtons Cwunurttales l CRC) ojJohuson Couniv establithed the Task ro+re on Race, Poverty and PnbHoWetyhr response tommterous reporisreee(ved by Its qffllllafedreligionsleadersabout probleusjaced byAlFlcan Americans hr Iowa City. The groupp r eorganhed (n rhtg ?01? and chnuged (k Haute fo7Yne Coaptlat ja RncfrtlJustice fo serve as rt bbroader eaunuuotyconlalon. The Coalillon Is eouuuhfed loprounolh+gtncialfusuce bydevslophtgcommwdryleaders andsupporfingstmiegtes desi gnedt obrhtgaboufmcialequlry fit ourcom s a tnunfgt7ieCoalitionhasfakenveral ac llotushteeItshteepilou,hictudh planahethe "lonvn Clty Mllflon Hoodfe Match "ou Afm+ch 1�n ?01 ?, tvhtch restored ht cite mar meiailydfvarae rally bNhe history o�lonva City. C .., C7 IV. About The Cenifflont In August 1010, the Consutlallon Oeligtons Cwunurttales l CRC) ojJohuson Couniv establithed the Task ro+re on Race, Poverty and PnbHoWetyhr response tommterous reporisreee(ved by Its qffllllafedreligionsleadersabout probleusjaced byAlFlcan Americans hr Iowa City. The groupp r eorganhed (n rhtg ?01? and chnuged (k Haute fo7Yne Coaptlat ja RncfrtlJustice fo serve as rt bbroader eaunuuotyconlalon. The Coalillon Is eouuuhfed loprounolh+gtncialfusuce bydevslophtgcommwdryleaders andsupporfingstmiegtes desi gnedt obrhtgaboufmcialequlry fit ourcom s a tnunfgt7ieCoalitionhasfakenveral ac llotushteeItshteepilou,hictudh planahethe "lonvn Clty Mllflon Hoodfe Match "ou Afm+ch 1�n ?01 ?, tvhtch restored ht cite mar meiailydfvarae rally bNhe history o�lonva City. Kellie Tuttle From: Lindsay Jarrett <lindsay.jarratt @gmail.com> Sent: Saturday, April 21, 2012 5:06 PM To: Dorothy Whiston Cc: royceannporter @msn.com; diane- finnerty @uiowa.edu; Imassey @co.johnson.ia.us; Kellie Tuttle; megan schwalm; Brian Morelli Subject: Re: Press Release: Iowa City Million Hoodie Rally Marches On Diane - Good question. He just wanted to know when we'd like the press release featured through their site - I got it posted, and if some time this week works as a feature point, I'll let him know, and he'll work on putting it in a "top spot" on the site, instead of requiring more digging for visitors to see it. Hope you're all having a great weekend! - Lindsay On Sat, Apr 21, 2012 at 12:10 PM, Dorothy Whiston <dwhiston@rnchsi.com> wrote: I'd say sometime this week, given there are events on Sunday and next Tues. and Wed. Others' thoughts? Pastor Dorothy Whiston, D. Min First Baptist Church 500 N. Clinton St., Iowa City, IA 52245 319.321.7920 dwhistonta'2mchsi.com - - - -- Original Message - - - -- From: "Lindsay Jarrett" <lindsay.iarratt(a)gmail.com> To: "Brian Morelli" <morelli.brian(ZDgmail.com> Cc: roviceannporteramsn.com, dwhiston(amchsi.com, diane- finnerty@uiowa.edu, Imassey-co.!ohnson.ia.us, kellie- tuttle(o)iowa- city.org, "megan Schwalm" <megan.schwalmQyghoo.com> Sent: Friday, April 20, 2012 12:42:13 PM GMT -06:00 US /Canada Central Subject: Re: Press Release: Iowa City Million Hoodie Rally Marches On Great question! I am copying several of the planners in so that we can talk to identify a best date range for featuring this. We very much appreciate your willingness to help us get this information out. We'll be back in touch shortly. - Lindsay On Wed, Apr 18, 2012 at 5:29 PM, Brian Morelli <morelli.brian(a gmail.com> wrote: Thanks. When would make most sense to feature? Brian Morelli On Apr 18, 2012, at 4:36 PM, Lindsay Jarratt <Iindsay.iarrattCcc)gmail.com> wrote: Thank you! I have done just that - appreciate the guidance. Have a great day, Lindsay On Wed, Apr 18, 2012 at 1:31 PM, Brian Morelli <morelli.briannc.gmail.com> wrote: If you post this as an announcement we can feature it on Patch. Here is the link: www.iowacitV.patch.com/announcements/new Brian Morelli On Apr 18, 2012, at 12:49 PM, Lindsay Jarratt <Iindsay.larratt(d)gmail.com> wrote > Hello, > Please see the attached press release regarding new announcements and follow -up information from the Iowa City "Million Hoodie Rally" which occurred on March 26, with several upcoming dates and events for people to continue their commitment to racial justice locally. > Thank you, > Lindsay Jarratt > <PressRelease- MarchesOn.docx> Kellie Tuttle From: Patricia Donalds <izabo88 @gmail.com> Sent: Monday, April 23, 2012 10:36 AM To: Kellie Tuttle Subject: police corruption "Letters to America — Letters to the World" - http: / /t.co /gwsB= Patricia Kellie Tuttle From: Charles Eastham <eastham @mchsi.com> Sent: Wednesday, April 25, 2012 11:19 AM To: Kellie Tuttle Subject: PCRB Community Forum Members of the Iowa City Police Citizens Review Board, Please receive the following for the Community Forum to be held on Wednesday, May 9, 2012. Section 8- 8 -7-C -3 of the PCRB ordinance states, in part, that "the board shall report to the city council, from time to time, on police practices, procedures and policies, including recommended changes, if appropriate ". The following questions refer to this part of the ordinance. 1. Has the Board ever made any recommendations to the city council regarding changes to any police practice, procedure, or policy? If so, what were those recommendations. They do not appear in the PCRB Annual Reports from FY o6 to FY 11. 2. Please ask each member of the Board to state what current police practices, procedures, or policies they believe should be reviewed for recommending changes to the city council. 3. What is the process for citizens to make a request that the Board review a police practice, procedure, or policy? Please describe exactly how the Board would respond to such a request? Charlie Eastham 37 Colwyn Ct. Iowa City, IA 52245 1-6 &,C iPltl o cc f `i�vC> ✓Y1-�lj Kellie Tuttle From: Annie Tucker <annie.h.tucker @gmail.com> Sent: Monday, April 30, 2012 11:23 AM To: Kellie Tuttle Subject: PCRB questions Attachments: Questions for PCRB Forum May 2012.doc Hi Kellie, I contacted a number of people for input and suggestions on questions. The questions are attached. Thanks for your good work on this. Annie Tucker Questions for PCRB Forum May 2012 - Includes input from a number of people. 1. Why and when was the PCRB founded? 2. What is the purpose of the PCRB? 3. How many members of the PCRB are there and how are members selected? 4. Please explain what happens when someone files a complaint, step by step. 5. How many complaints have there been since the PCRB started? Of those, in how many has there been a finding of misbehavior on the part of a police officer? 6. The current complaint process has the police chief investigate or oversee the investigation of a complaint. Some citizens are concerned that this constitutes a conflict of interest, or the perception of a conflict of interest, since it could reflect badly on the chief if an employee he supervises is found to have behaved inappropriately. What can you say about this concern? 7. Once the complaint is filed and the Chief gets the name of the filer, is the identity kept confidential or does it become known by the involved officers and /or those who are not involved in the incident and /or the investigation? What are the formal policies and procedures regarding confidentiality of the identity of the person who made the complaint? 8. Do you think it is possible that the fact that the police chief investigates the complaint is a deterrent to people who have a complaint? 9. Do the records of the PCRB include information on the race or socioeconomic status of the person who filed the complaint? If yes, do you notice a pattern of any kind and what is it? 10. Do the police personnel /officers get any training on cultural competency, racial profiling, and /or training on systemic racial disparity in law enforcement? If so, what specifically does the training cover and how often do they receive updated training? 11. What type of training on racial disparities and how to review complaints for racial profiling do members of the PCRB receive? 12. Has the PCRB ever watched video or listened to audio from a police car of a specific situation related to a complaint? Why or why not? If you have listened, who selects what you listen to /watch? 13. Do you know that sometimes the Police Chief has shown /played a police recording of a situation to a complaint filer? If you are aware of this, and if the PCRB members sometimes see /hear a recording related to a case, do you know whether the filer and the PCRB board members actually see /hear the same footage or different footage? Is that reported to you as part of the investigation process? 14. Is the PCRB provided with a complete record of the steps in each investigation? Do the investigation records let you know whether the Chief or another investigative officer had a conversation with the filer and the content of that conversation? 15. There is always communication between the PCRB and the Chief re: every case. Does the PCRB always have direct, face -to -face communication with every complaint filer? Why or why not? 15. Has anyone who made a complaint withdrawn it during the investigation process? Do you know the reasons given for that? 16. Who reviewed the questions submitted by the public and who created the answers? Kellie Tuttle From: Janie Braverman < JanieBraverman @SouthGateCo.com> Sent: Tuesday, May 08, 2012 11:10 AM To: Kellie Tuttle Subject: PCRB public forum Kettle — Here is a question for tomorrow night's public forum: When I resigned from the PCRB in the summer of 2010, the Board had been engaged in a review of its policies, standard operating procedures, by -laws and ordinance, with the intent that the Board would make one or more recommendations to the City Council for changes. One recommendation that the Board had agreed on was to change the name of the Board to make its purpose more clear. As I recall, the suggestion was that the name be changed to Citizens Police Review Board. The Board members had had preliminary discussions about various matters including (i) the name of the Board, (ii) whether the process was intimidating or less than welcoming to the community, (iii) whether there were barriers to community participation, (iv) whether the procedure of the Board reviewing the police chief's report was the best procedure, (v) what (if anything) it meant that so very few complaints against the police were sustained, (vi) whether the current policy of not keeping statistics about individual officers limited the Board's ability to look at the police department as a whole and whether keeping various statistics might be useful for other purposes, and (vii) whether the Board should be looking at the department as a whole rather than just on a complaint by complaint basis. When I left the Board, the only remaining preparatory work to be done was a review of the citizen boards of other jurisdictions. I believe board member Joe Treloar was tasked with that. Following that, the Board would have been ready to discuss what recommendations it would make to the City Council and then make the recommendations. As I look at subsequent agendas, it appears that the effort to review and make recommendations was abandoned. Is that correct? If so, why? If not, what was the result of the review? Were any recommendations ever made? Janie Braverman Vice President /General Counsel Southgate Development Services, L.L.C. 755 Mormon Trek Boulevard PO Box 1907 Iowa City, IA 52244 -1907 319- 337 -4195 319- 337- 9823(fax) j aniebraverman @SouthGateCo.com Confidentiality Notice This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact nne by reply email, delete and destroy all copies of the original message. F-9107513 t l May 9, 2012 PLEASE PRINT YOUR NAME AND ADDRESS ON THE OPPOSITE SHEET NAME: 'I/Ui �IGc,�i SIC e- V-47 5sn ADDRESS: Mallmom FINAL /APPROVED 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, 4/0. Meeting adjourned at 8:24 P.M. (Forum Summary will be submitted to Council) I ��OyC II II II II II CD -M K fD G. G1 a d M b Q y H f7 C�i y Ntl77y O� tsJ N l! h`C� fs7 W O H � ao W W W ro N V� N x! x x X x o X I X X X x N W i i x X x x N x x x X w O I i I i I e i i I G1 a d M b Q y H f7 C�i y Ntl77y O� tsJ N l! h`C� fs7 W O POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 June 12, 2012 Iowa City City Council City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 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:OOpm. 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 responsibilities and procedures that the board must follow (See Attached). 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 governs these issues 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 "unsupported by substantial evidence', "unreasonable, arbitrary or capricious" or "contrary to a Police Department policy or practice, or any Federal, State or local law ", according to Section 8 -8 -7 B (2) a, b, c of the Iowa City City Code. 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. Questions regarding Police Department procedures were directed to the Iowa City Police Department. Chair King shared the statistics. Since 1997, eighty complaints were filed with 177 allegations. Six 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 The Board was asked if they had gone to the City Council to have the name changed and Chair King advised that it had not been taken to the City Council. A former Board member asked that her letter to the PCRB be read into the record. Member Jensen read the letter into the record. The former member stated 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 felt that those issues were abandoned. Member Treloar explained that he had received information from four other citizen review boards. When comparing their 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 that we change the name. Treloar motioned and Member Jensen seconded the motion to recommend to the City Council that the name be changed to Citizens Police Review Board. Motion carried 4 -0. A question from the public was presented about training to deal with active mental illness. A member from the police department, in attendance, explained training procedures and stated training was given to cover mental illness this year. The four members present were asked to give their thoughts on the structure of the board. All members responded. The consensus 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 our procedures during Executive Sessions. One concern expressed was about spending too much time on officer misconduct and not enough time in dealing with the disproportionate arrest and citations rates for black youth in the community. A community member suggested the PCRB should make more recommendations to the City Council about police policies, practices and procedures. Another community member asked if the City Council had asked the Human Rights Commission to take a look at the PCRB process. Iowa City Mayor Matt Hayek, in attendance, responded 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 up. 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 adjournment was raised by Jensen and seconded by Treloar and voted 4 -0 to adjourn. Adjournment 8:30pm �v Donald King Chairperson Police Citizen Review Board Transcriptions attached per Council request. Forum agenda, minutes, transcriptions, correspondence, and handouts are all available on the City website. (www.ic og v.ora) Police Citizens Review Board May 9th, 2012 Community Forum History of Police Citizens Review Board (PCRB) The PCRB was created under Iowa home rule authority on July 15, 1997 to assure external accountability of the Iowa City Police Department. In response to a community referendum and following an Iowa Supreme Court decision upholding the amendment, on December 12, 2007, the PCRB was made a permanent entity by amendment to the Iowa City Charter. Additionally, the PCRB was granted the power to subpoena evidence and was required to hold one public forum per year. The PCRB is comprised of five citizens who are appointed by the City Council for four year terms. II. Laws Governing the PCRB Although Iowa home rule law allows the City of Iowa City to create a police citizens review board, the board's authority is limited by Federal and State Law. A. 5`" Amendment to the U.S. Constitution No person may be compelled to testify against himself. The PCRB cannot force the testimony of any police officer accused of misconduct. B. Iowa Code Ch. 400 CIVIL SERVICE The state of Iowa has established a Civil Service Commission to oversee civil service operations in the cities of our state. Under this law, only the police chief and city manager have the power to discipline a police officer. (Iowa Code 400.19) Iowa City Code section 8 -8 -2 (E) reiterates that limitation upon the PCRB. III. Investigations of PCRB Complaints A. Investigations by Chief of Police Complaints made to the PCRB are investigated by the ICPD. The reason investigations are structured in this way is to allow the most comprehensive investigation into alleged police misconduct. The Command staff has the power to compel police officers to cooperate with all internal investigations. This right of the public employer was established in Uniformed Sanitation Men Association v. Commissioner of Sanitation of City of New York (392 US 280). This power is particular to the public employer and cannot be transferred to another entity. Under Iowa's Civil Service law, this power to compel is held only by the City Manager and the Police Chief. B. Investigations by PCRB If cases were not investigated within the Police Department, the PCRB would have no other access to the officer's side of the story. Even with subpoena power, the 5`h amendment right to avoid self- incrimination prevents anyone, other than the public employer from compelling an officer's testimony. The PCRB ordinance allows the PCRB Police Citizens Review Board May 9th, 2012 Community Forum to do its own further investigation after reviewing the Police Chiefs findings. The current system allows the PCRB the benefit of information it would have no way of obtaining unless investigations were conducted internally. The PCRB is committed to making the complaint procedure more comfortable and less intimidating for complainants and is interested in ideas to promote complainant participation in the investigation. IV. Standard of Review: Reasonable Basis Standard The Iowa City Police Citizen's Board is the first and only such review board in the state of Iowa. In determining a manner for this board to review the findings of the Chief of Police, the drafters looked to the Administrative Procedure Act, Ch. 17A of the Code of Iowa. The Administrative Procedures Act requires a reviewing agency to use a reasonable basis test to review decisions made by the entity with expertise in the subject at hand. Since internal investigation by the Police Department was believed to be the most effective method of fact finding, it followed that a reasonable basis standard would apply to the Police Chiefs conclusions. The PCRB cannot substitute its own judgment in cases before it. The PCRB is required to review the Chiefs decisions with deference to his expertise and sustain those decisions unless they are "unreasonable ". V. Changing Name of PCRB The citizens of Iowa City went through a fair amount of effort to accomplish the referendum which survived a challenge to the Supreme Court of Iowa to make the Police Citizens Review Board a permanent entity in our city. The Iowa City Charter was amended to require the existence of the Police Citizens Review Board. Given that the name was specifically included in the Charter amendment in 2007, it should remain the formal name of the board with any other version of the name being designated "a.k.a ". May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Members Present: Melissa Jensen, Royceann Porter, Joseph Treloar (Vice - Chair), Donald King (Chair) Non - Participating Member: Kingsley Botchway II (new) Members Absent: None Staff Present: Catherine Pugh Call to Order /Roll Call: King: I'd like to call the quorum to order, and roll call. Royceann Porter. Porter: Here. King: Joseph Treloar. Treloar: Here. King: Melissa Jensen. Jensen: Here. King: Catherine Pugh Pugh: Here. King: Don King is here. Introduction of Board /Overview of Complaint Review Process and Purview of Board: Page I King: Good evening. Uh, on tonight's agenda, uh, what we'd like to do is we have a presentation from our legal counsel. After the ... her presentation, then we will have, uh ... the Board Members have questions that were sent in to us that, uh, we've reviewed and we'll answer those questions. Then we'll open it up to the public. Um, when we do open up to the public we ask that you keep your comments to five minutes or less. If there's time towards the end, you can always come up. Um, we ask that you turn pagers and cell pliones off so there's not any interruptions. Are you ready, Catherine? Pugh: Yes, thank you. King: All right! Pugh: Good evening. Um, if you have had ... haven't had an opportunity, I have prepared a, uh, summary, an outline, um, concerning several of the questions that This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community FORnn Page 2 have been raised and posed to the PCRB, and those are available on the back table. Uh, it may be a little easier to follow along on that and uh, there's a lot of information that I want to cover rather quickly. So that might be ... helpful to have that to...to glance at. Some of the questions that have been posed, uh, to the PCRB concern, uh, what we can and cannot do. Uh, in my preparation for answering some of those questions, I had the opportunity to go through the ancient archives of the, uh, PCRB legal counsel. Um, my predecessor, uh, who is now a district court jad ... judge, Dough Russell, kept copious notes about how the PCRB came into being and ... why we do things the way we do. Some of the things that I want to share with you are, uh, the laws that govern the PCRB, and the limitations. A lot of times, uh, people have said, well, why can't you do things the way they do in another jurisdiction. Um, we have certain laws that we need to follow here in Iowa, and I wanted to outline a couple of those for you. The PCRB was created under Iowa Home Rule Law, and that basically means that a city can create entities to carry out duties if they're not otherwise accounted under a state, federal law. So in July 15 of 1997 the, uh, City Council created the PCRB. A citizen referendum, uh, in 2006 requested that the PCRB be made a permanent entity. Uh, and requested that PCRB have additional powers, including sub ... the power to subpoena evidence, uh, the responsibility to hold one public forum per year, uh, yeah, and ... after a supreme court challenge to several other items that had been passed as part of that referendum. The changes to the PCRB were the ... were the only ones that were held up. So as a ro ... result of that, on December 12, 2007, uh, the PCRB was created as a permanent entity and part of the City ... Iowa City Charter. Although Home Rule allows the City of Iowa City to create a Police Citizens Review Board, the Police Citizens Review Board still has to operate under federal and state law. The primary federal law that makes our job interesting is the Fifth Amendment, and that is the right of any person ... to avoid incrimination, um, by testifying against themselves. The second is a state code, uh, which is Chapter 400 Civil Service, and this is something that has been talked about a lot, and that is the limitation that the PCRB has no ability to discipline any police officer. Uh, and that is because that privilege is specifically limited to the Police Chief and uh, in Iowa City the City Manager. The second area that has been, um, had a lot of questions... concerning... is the way in which PCRB complaints are investigated. When a PCRB complaint is made, we receive a copy of it and the Police Department receives a copy of it. Then for a period of 90 days the PCRB doesn't do much with that complaint, until they receive a report from the Chief. Now, the Chief and his staff, uh, the command staff, investigate the complaint. The Chief has the ability to compel the testimony of police officers, and he is the only one, the Police Chief and the City Manager are the only individuals who have the ability compel the testimony of police officers, and I've reiterated the case in which, um ... that right is created. It's Uniform Sanitation Men Association vs, the Commissioner of Sanitation of the City of New York. Uh, this power is particular to a public employer. It doesn't go to private employers. Private employers can't compel their employees to testify, or to ... uh, to give evidence, but the Chief can. This is why the PCRB complaints are investigated by the Chief. Unless they were, they were... if they This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board amoral community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 3 were investigated by the PCRB alone or by a private investigator, there would be no access to the accused officer's testimony. And, the drafters of the ordinance felt that this would be the best way to get a ... a balanced accounting of what happened. That the investigators would have access to the complainants and to the officers. Uh, something that ... with the subpoena power that the PCRB would have access to that, but again, the officers, uh, Fifth Amendment rights prevent the PCRB from compelling that testimony. The standard of review that the PCRB uses is one of reasonable basis, and ... and that is outlined in our ordinance, uh, and described rather specifically. Since the Chief makes a decision and he has expertise in... in police matters, the PCRB's review of his decisions is a reasonable basis review, and that means that the only reason that the PCRB can, uh, not sustain a decision of the Chief is if it is unreasonable. The PCRB does not get to take a brand new look at the evidence and insert their own judgment in the case. They're limited to ... that ... difference, given to the Chief's... Chief's decisions, and this is a common standard of review when a reviewing body is looking at a decision made by an entity with expertise in an area. This is the standard of review that was chosen at the time the ordinance was created. Uh, it can be changed, but that's what we have to work with right now. The last thing I wanted to comment on is changing the name of the PCRB, and I guess the only thing that we need to keep in mind ... I .... the board has no objection to whatever name, uh, people feel would be ... would better describe what the PCRB does, but keep in mind that the Charter specifically states that we are the Police Citizens Review Board. So in order to make a change to that, there would have to be a change to the Charter. Okay. I think I've covered my duties here. I'll be happy to answer additional questions as they come up, and hopefully the outline will clear up any, uh, ambiguity L..I left in my presentation. King: (mumbled) Treloar: Sure. Um, one of the questions we received, urn, do you think it is possible that the fact that the police chief investigates the complaint is a deterrent to people who have a complaint? That may be. I ... and may not be, but as is specified by the guidelines on which we have to operate ... we ... there's really no choice in the matter. That's the way the system is set up. Um ... do the records of the PCRB include information on the race, socioeconomic status of the person who filed the complaint? If yes, do you notice a pattern of any kind and what is it? Um, on the back table there there's the complaint forms, and... on the very back page of the complaint form is the complainant statistical information. We ask if this ... be filled out. If they don't want to fill it out, that's fine too. But that'd be the information that we have to go off of for this (mumbled) indicate your age, color and national origin, gender identity, sexual orientation, marital status, mental disability, physical disability, and religion. Um ... often times that's not filled out and I, you know, we have not compiled a study to see if there's a pattern because there's not a whole lot of information to develop a study from. Um ... do the police personnel /officers get any training on cultural competency, racial profiling, and /or training on systemic racial disparity and law enforcement? If so, what This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Foram Page d specifically does the training cover and how often do they receive update training? I contacted the Police Department on this, unr ... the Iowa City Police Department subscribes to the Police Legal Sciences, uh, Inc., and it's a corporation dedicated to helping police officers and dispatchers strengthen their decision - making skills, professionalism, customer service. Um, once a year the training focuses on racial profiling. This year they've also been training month... have a training month on dealing with... immigrants and this year Iowa City PD received four hours of diversity training on a countywide, uh, in countywide sessions. The four -hour diversity training doesn't occur every year, but usually happens about every other or every third year. Unr, and the Police Department also tracks all traffic stops by race, reason for stop, vehicle searches, and outcome of stop. And... and... what type of training on racial disparities and how to review complaints for racial profiling do the members of the PCRB receive? Actually, there's no formal training for us in that regards. Uin ... I personally have been through cultural competency training with my other... with my regular employment in racial profiling but as a board member ... we don't have training that we receive to be board members. We're just volunteers so ... and uh ... has the PCRB ever watched a video, listened to an audio from a police car of a specific situation related to a complaint? Why or why not? And if you have listened, who selects what you listen to and watch? Yes we do that regularly. Um, the officers have monitors on them. They have cameras in the cars. It's very common for us to request to see the tapes. When we see the tapes, the officer's specific face is blocked out because that's a safeguard to keep us from ... um ... developing a pattern on a particular officer or just to protect the identity of the officer. But gun, all it takes for us to request that is just any one board member can request to listen to the tapes or see the audios, and ... we do that with regularity. I mean, we've even just to make sure we're thorough on cases that seemed pretty cut and dried right up front, um, requested to hear the audios and see the tapes, just to make sure we weren't missing something. So that's... that's a common practice of the board. Melissa (mumbled) Jensen: Okay. Um, one of the... one of the next questions is ... one of the next questions is do you know that sometimes the Police Chief has shown or played a police recording of a situation to a complainant filer? If you are aware of this and the PCRB members sometimes see or hear a recording related to a case, do you know whether the filer and the PCRB board members actually see or hear the same footage, or different footage? Is that reported to you as part of the investigative process? Um, as Joe mentioned, um, we are aware that a complainant may sometimes view or listen to an audio recording, and that is part of typically the investigative report that we get if a complainant has viewed or has watched that. Um, and we do occasionally, um, request that information. It's provided for us to view that ... to view that information whether it's ... it's video or audio recording. Often times that information'll be stated in the police ... in the police report. That's typically where we would find that information, that, uh, someone who has filed a complaint has viewed or listened to an audio recording. That would be included in the report that we would receive. The next question, is the PCRB This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board —Annual Community Forum Page 5 provided with a complete record of the steps in each investigation? Do the investigation records let you know whether the Chief or another investigating officer has had a conversation with the filer and the content of that conversation? Yes, that again is part of the report, uh, that we receive. So, regarding conversations involved with that ... that the Chief or the investigating officers may have had with the person that filed the complaint. Next one, there is ... there is, excuse me, there's always communication between the PCRB and the Chief regarding every case. Does the PCRB always have direct face -to -face communication with every complaint filer? Why or why not? That particular face -to -face conversation with the complaint filer, um, may or may not occur. It depends in part on the review level that is set for the complaint itself. Um, and also the wishes of the complaint filer. In some cases the complaint filer chooses to not ... to not do that. Um, the complaint filer is also... always welcome to come to the open portion of the meeting, um, if they choose to do that, as well. So, that depends on each individual case. Again, it depends on the case itself, on the wishes of the person filing the complaint. Next question, has anyone who made a complaint withdrawn it during the investigation process? Do you know the reasons given for that? Um, I can't speak for what has happened prior to my being on the board. I've been on the board about a year, but my understanding is is if someone does choose to withdraw their complaint, they're welcome to do that. That's their prerogative, and as far as reasons given, they're not required to provide a reason to us. If someone changes their mind or for whatever reason chooses to withdraw that, that is totally within that individual's prerogative. And then the last one, um, who reviewed the questions submitted by the public, and who created the answers? Uh, the PCRB board itself reviewed the questions and discussed the responses to the questions. King: One of the, uh, other questions was, uh, the number of complaints filed since the board, uh, was certified in 97. Ulr, there's been 80 total complaints. Out of those complaints there was 177 allegations. Out of those 177 allegations, six of `em were sustained. Um ... one of the questions, has the board ever made any recommendations to the City Council regarding changes to pol ... police practice, procedures, and policies? Under the complaint resolution in the annual report, till, from 1998 to 2011, um, they're online. There's instructions back there on the yellow sheet, um, how to get online to the Police Citizens Review Board and you can review our annual reports. Uh, what is the process for citizens to make a request that the board review a police practice, procedure, or policy? Urn, please describe exactly how the board would respond to such a request. Um, every month, it's the... second Tuesday? Of the month ... um, when we have our meetings. They're open to the public. The public can come in. Uh, if there's a particular thing that they want to look at, um, let us know, um, and then we can research it and get back to, um, that person. Urn ... we did just receive ... um, a letter tonight, um ... from a citizen who was once on the board. Um, some of the things that we had discussed prior was, uh, some of the procedures and changing them. Um ... they were put, urn ... I don't want to say they were put on the back burner, but...we had, uh, a lot of complaints to review and our... forum, we This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page G wanted to get ready, um, and we've moved those back. Um ... we, I think they're on the ... May or June's agenda. Um, the other thing was... was... how we have to change `em. One of `em was if you change one policy or procedure, that makes you change another policy or procedure, and that may have to go to the City Council to be changed. Um, one of `em was the ... was the name. Um, the City Council, um, I think there's three options that they can do, uh, for our name change. Um, they can initiate it, um, a citizen can initiate it to them, and ... they, the Council can turn it over for a, uh, vote. Is that correct? To have the public... vote on whether they want to change the name? Pugh: Two of those options would involve a public vote. The Council can change it within its own internal vote, uh, a ... a citizen can, um, create a referendum, sort of like what was done, um, previously for the PCRB, and then it goes to a vote that way; or the ...the Council can request that it be ... that it be up for a vote. (several talking) May I just make one clarification? Um, in one of the previous questions about, um, face -to -face contact with complainants. Um, aside from the fact that the complainant can, you know, request an opportunity to speak to the PCRB, the PCRB... on occasional also requests the opportunity to interview the complainant, and that decision is made after the PCRB receives the Chiefs report. Then they can determine, uh, they make a determination as to what level of review they want to apply to that report. Um, and they can ... feel that the report was sufficient on its face and that they don't need to do any additional investigation. They can request an opportunity to meet with the complainant; um, they can ... request the opportunity to meet with other witnesses; and they can, uh, request additional investigation by the Chief or the City Manager, um, subpoena witnesses, hire independent investigators. So there's a... a whole array of things that the board can do, including requesting a meeting with the .... with the complainant. Public Discussion With Police Citizens Review Board: King: I'd like to open it to the public. Um, when you come up if you'd sign your name, um, fill in the ... I think it's your name and address on there and we'll take your questions. Dieterle: Um, I'm Caroline Dieterle and I just wanted to ask whether the, um, review board has requested the name change that the... requested the ... sent a request to the Council requesting, um, the name change, because I'm aware that, and have been aware for a long time, that the procedure would involve the Council doing it. It's not something that you can do, and it is my understanding that the Council can vote and just do it. Um, it would seem to me that it would be in their best interest to change the name and get it done, and um, rather than, uh, you know, messing around about with it anymore, simply you know make that part of your recommendation to the City Council to please change that, I mean it's... doesn't, you know, it doesn't really change anything about what you're doing. It just is making a better name that I think would be more acceptable to the public. Thank you. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Cilizens Review Board — Annual Community Fornm Page 7 King: To answer that, currently we have not, um, taken that to the City Council. (several talking) Braverman: Hi, I know most of you. I'm Janie Braverman. I'm a, uh, former member of the board, and it, Don, I have a couple questions. I'm assuming that that was my letter that you referred to, but did not read? King: Yes. Braverman: Um, I would like to have you read that into the record tonight, if you would, and I'm also just a little bit concerned because, urn ... one of the questions you answered... your response was that the board's been busy because there have been a lot of complaints. You know, the process that we were going through was when I was on the board. That's been two years ago. I just wanted to make that clear, that it's been two years ago since the board was actually looking at those things. When you answered it sounded like that that was a very recent thing. So, but anyway, I would like you to read... since you did read other people's in, because my question really was much broader than are you looking, have you looked, and what you're doing. So if you would do that, I'd appreciate that. Jensen: Um, okay, I'll go ahead and read it. It was actually, unr, addressed to the City of Iowa City, urn, to the person that the question were to be submitted to. Here's a question for tomorrow night's public forum. When I resigned from the PCRB in the summer of 2010, the board had been engaged in a review of its policies, standard operating procedures, bylaws, and ordinance, with the intent that the board would make one or more recommendations to the City Council for changes. One recommendation that the board had agreed on was to change the name of the board to make its purpose more clear. As I recall, the suggestion was the name be changed to Citizens Police Review Board. The board members had had preliminary discussions about various matters, including one, the name of the board; two, whether the process was intimidating or less than welcoming to the community; three, whether there were barriers to community participation; four, whether the procedure of the board reviewing the Police Chiefs report was the best procedure; five, what if anything it meant that so few complaints against the police were sustained; six, whether the current policy of not keeping statistics about individual officers limited the board's ability to look at the Police Department as a whole, and whether keeping various statistics might be useful for other purposes; and seven, whether the board should be looking at the department as a whole rather than just on a complaint -by- complaint basis. When I left the board, the only remaining preparatory work to be done was the review of the citizens boards of other jurisdictions. I believe Joe ... board member Joe Treloar was tasked with that. Following that the board would have been ready to discuss what recommendations it would make to the City Council, and then make the recommendations. As I look at the subsequent agendas, it appears that the effort to review and make recommendations was abandoned. Is that correct? If so, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 8 why? If not, what was the result of the review? Were there any recommendations ever made? Janie Braverman. Treloar: Um ... I did receive information about other police citizen review boards. One of `em I think was Portland, Oregon, and there are three or four other states. Uh ... in looking at the confines under which we operate, it ... under our law, and their laws being quite different, there are a lot of things that just ... we couldn't apply. Um... other citizens review boards had powers to recommend disciplinary procedures, things like that. That's just not in our abilities, our Charter. Um, I'm trying to think of what other changes we were looking at at that time, and it escapes me, but ... yeah, it was looked into at that time. Lim ... is there any reason we can't just take a motion to... King: To what? Treloar: To ... recommend to the City Council we change the name? Can I make... making motion (mumbled) change the name? We recommend to the City Council that they change the name of our board to the Citizens Police Review Board. (several talking) King: (several talking) seconded by Melissa. All in favor say aye. All opposed same sign. Motion carries 4 -0. We will be making a recommendation to the, um, City Council that we change the name. Actually kind of like that name better. We found the other name a little bit confusing ourselves. But, uh, it's not within our power to change, but we can certainly recommend, so we will definitely do that. Braverman: (mumbled) Let me just speak to one thing you said. I just wanted to be really clear that what I was talking about was recommendations to come from the PCRB to go to the City Council. I think Catherine did an excellent job of summarizing what the current ordinance is. But what we were doing is we were looking at the procedures. We were looking at the bylaws. We were looking at the ordinance, with an eye to looking at what we had and thinking about whether or not we wanted to say to the City Council, we don't think we have the best that we can offer the City of Iowa City. We don't think we have the best that we can offer to the Police Department or to the community. You know, I think that what you said is true, and as you know, I'm a lawyer by training. Uh, and what Catherine said is true. This is what the current ordinance is. But, what we were doing two years ago, what we were looking at is, is it the best that we can offer this community or should we be looking to our charge to report to the City Council as an opportunity to say to the City Council, the PCRB has been here this period of years. This has been our experience. These are our concerns. These are the things that we need to look at. You know, I think it's clear to everyone that the PCRB itself has no ability to change, um, its bylaws and its ordinance. So Ijust wanted to make that clear. Thank you and I also want to say thank you for coming to the Library. That is something we talked about quite a bit when I was on the board was the inaccessibility of the board, barriers between the community and the board, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 9 whether or not the board needed to get out of City Hall, away from the Police Department's front doorstep, and I just want to say I'm very pleased to see that you did that. So, thank you. Davidson: My name is Barbara Davidson and I'd like to know, I don't have a formal question, but I'd like to know what ongoing training the police force receives in dealing with... community members who have active mental illness, and may present in a variety of ways to the force? Treloar: Um, in my response I received from Sergeant Steffan, it says I also attend a number of meetings concerning, uh, disparate juvenile minority contacts. These meetings have members of the school system, juvenile court system, DHS, and others concerned with this issue. This allows its to find out and respond to local issues in a more timely manner. Urn ... I'm not aware of specific, uh, trainings the Police Department receives with mental illness, but that doesn't mean they don't exist. I'm just not personally aware of them. If... there was a member of the Police Department that was aware of those that could address that, I'd sure appreciate it, but I'm not aware of...we don't get a list of all the training the police officers go through. So ... I'm not aware of that. King: But we...we can check into it (both talking) Treloar: I know that's typically common, um, I work for the Department of Correctional Services. We go through extensive training on such things but ... (unable to hear person away from mic) Treloar: If you would please! Sure. We'll wait until after her question and... fortunately we do have a member of the Police Department that's volunteered to answer that question cause he's more aware of the training that they receive than I am. Smithey: Um, my name is Mike Smithey. I am, uh, the Vice President of our union, the Police Union. To answer your question, um, we do, uh, and I don't intend to respond to all the questions tonight, but uh, I want to make ... I think it's important that the public know that we do receive regular training, uh, with regards to, uh, persons with disabilities. Um ... uh, usually at the same in- service trainings that we receive, uh, the ... the profiling training or um ... there's a wide variety of issues that we go through. We have a couple of days worth of training that, um, as a department each year, uh, some in a row; some ... we call it MATS, which is Multi- Agency Training Session, I think, where we get together with the other... with other members of other departments in the area and we, uh, I know this year we had, um ... we had people come in, uh, that provided training, um ... regarding suicidal persons and other persons with, uh, with disabilities, um, that were both apparent and un- apparent upon immediate contact and how to deal with those people and what the proper protocol was to, uh, get people help when help was what we needed to do. So, it...it...it's also contained within the, uh, police legal sciences training that we receive every month, that is usually... well, that's always This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 10 on a single topic or maybe two topics that we go through, um, it's a computer training that each individual officer has to take and then, uh ... uh, there's a test at the end that we have to pass or we have to take it again. Um, so ... that topic may be, uh, mental illness on one month and it may be racial profiling in another month, um ... I think one of the board members mentioned it was ... it had to do with immigration status this month, uh, and immigrants and how to ... uh, how to deal with, uh, immigration issues that come up during the job. So, uh, the...the variety of training is ... is quite vast. Um, but we do receive training, um, sometimes four hours at a time; sometimes two hours at a time; sometimes from an outside, um, organization, uh, social workers at the University of Iowa Hospitals may come in and assist in the training, as they did this year during MATS. So, there's quite a bit that ... that goes on. Uh, I think probably most of all the training we—we receive is certainly limited by the amount of time that we, uh, are given each year for training, but uh, there ... there are certain things that are required every year or every other year, such as CPR and so on, that are simply required by law to keep us up to date on certain things, um, and then there's other training, and I'm not sure which one that falls into, but, um, we do receive training on it. (several talking) Carrie Norton: Um, I understand that if you're not pleased with your name that you can discuss it among yourselves and then ask the City Council, and similarly, if you're not pleased or satisfied with your structure, what you can do, what you can't do. You could as a group go to the City Council and say, you know, we've been doing this for a while and ... and we're finding that this structure isn't working for us. And I ... and I'm sensing that that was the nature of... of your letter, Janie. Braverman: Yes. Norton: So, what would be helpful for me is to maybe hear each of you speak to that issue. Are you frustrated with the structure? Do you think the structure is ... is serving the purpose that the ... the review board was established for? Is it working? And I guess it would be interesting to hear from each of you, and ... and I'm ... I'm sorry, I came a little late so I don't know. Are you a member of the board or... Pugh: I'm not a member of the board. I'm counsel to the board. Norton: So they can ask you questions when they review? Okay. And this is the complete board? There are four of you. King: There's five. Norton: There's five. Okay. King: (mumbled) Um, lie was just appointed at the last City Council meeting, unr, and he (mumbled) (several talking and laughing) This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board amoral community forum of May 9, 2012. May 9, 2012 lowa City Police Citizens Review Board— Annual Community Forum Page I I Norton: So ... so my question is, are you frustrated with the structure, or is the structure working for you as a board, and /or do you wish it could be changed and ... and if so, how? Treloar: There are very frustrating things about the structure, urn ... I don't know if I would change them or not. A lot of our investigations have high levels of confidentiality and there are times that we all wish that we could discuss in more detail what we, um, looked into, what we thought when we conducted our investigations and make the public more aware of that, but we can't. And so (laughter) sometimes that's frustrating! And uh ... um ... at first when I was a member of the board, I thought, gee this board has very limited power. But, I've come to realize even though our power is limited, um, we the citizens of Iowa City have more power than anybody else in the entire state of Iowa with their police department... cause we're the only ones that have such a board, and part of our power is having the annual public forum. I've come to believe that's probably why they mandated we have an annual forum in the original Charter. It gives the citizens a chance to come on ... to the forum; it's televised; this'll probably be repeated numerous times over the public access television; and it gives the citizens a ... citizens a voice. Urn ... I think as Iowans, we're all aware of how powerful just small voices can be. I mean, think about our voices at the national caucuses. Now, as a voting bloc, we don't have that much of a block, but with our status (mumbled) we have a huge impact on the nation, and that's just from... exercising our voice! This gives, um, the citizens of Iowa City similar power. If they're displeased with the Police Department, it's a quick and easy way to make Council know about it. And, although that's not the part of the discipline, and it's limited... that's still a lot of power! And I think City of Iowa City citizens have used that well! I've been very happy to see them participate to the level they do at our forums, and our meetings. I hope that answers your question! King: Um, yeah the name change, um, I think that's a big thing. Um ... and it wouldn't even necessarily have to be citizens. It could be community, um, to make it more community friendly. I ... I think—not so much that the procedures and stuff have to change, um, some of the perception of the public on what we can and can't do, um, might be ... I don't know, more of a problem or more of a... cloud on it than actually changing the policies and procedures. Um, so ... if...if you change the name and we ... and you change one thing and it has to change a whole bunch, um, then maybe we have to look at all that, but urn ... I think the way that it was set up, um, is working, urn ... like I said, I think a lot of the problems could be the perception of what we can and can't do, and why we can't do that, um ... when we do have our ... our meetings and we go into executive session, that's more for the privacy of the individuals involved in it than it is to be secretive about it. Um... I don't think anybody here that made a complaint would want their name out, um, for everybody to see if they're making complaints. Um ... I think that the ... the police department that we have here is a very good police department. Um, I don't think that there's, urn ... any problems with the administration of the Police Department. Um, again, it might be some people's perception because the ... the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 12 Chief has an investigation, or an investigator, do the investigation that is slanted towards the police. Um, I've been on the board ... uh, probably close to five years, and ... when you see the reports and you see what goes on, and then you listen to the audio, it...it falls right in line. Um, and I think maybe because it's so secretive that the public may get the perception that there's something going on when there really isn't. Urn ... I think Chief Hargadine, um, Chief Hargadine in all his dealings with the public is very fair with `em. Um, when we've asked, urn, complainants, um, they either refuse to talk to us, um, sometimes when they're doing it, it's in the heat of the moment. They're, I don't want to say they're all drunk, but... alcohol has a big factor to it. Um, the college kids, um, they complain that they got hurt by the police, uh, excessive use of force. Um, and then when you talk to `em, they barely remember the (coughing, unable to hear). Urn ... there are other cases that, um, like I said, we've looked at it and ... and I think that the Chief does a fair job. Uh, so I don't know of anything that I would change right off. Jensen: Yeah, I've been on the board ... a year. I think I came on last year, um, to fillfill a term of someone who has resigned and I'm not sure who that ... who that individual was. Urn ... so I don't have some of the history that I think some of the other board members have. Um, one of the things that ... one of my ... my objectives in being here and, um, asking to be on the board was that ... it was a way for me, I felt like to give back to the community, and to get involved. So that was important to me to do that. And, I ... it's been a learning process. Um, but one of the things that has really stood out to me is that how ... urn, important the City and the members of this board take each and every item that comes before them. And how I think the board ... takes a really, um, strong look at trying to be objective, trying to be fair, looking at all the facts, considering all the information that they have, and I would agree with Joe. I think the frustrating thing if I had a frustration is that... there are times that if we were able to share more information, then we could share about a particular situation, that would perhaps explain some of the misconceptions that some individuals may have. But on the other hand, um, that is totally to respect the confidentiality of the people involved, and the circumstances. So I think that's very important to maintain that confidentiality. But as far as the board itself, um, I think it's a tremendous board. And I think the board takes each and every, um, situation seriously. And, situation that we address, unr, the board does everything it can to be very thorough. Um, as far as things like the name change, I don't think any of us have any objection to things like that, or to looking at other issues, and those things that we can do that are within our power. So, I ... I would agree, I mean, that would be my one frustration is the same that Joe has ... has talked about, and that's just ... that's part ... that' s part of doing what we do is we need to maintain that confidentiality and urn, that's very, very important. If it was me in that position, I would want that for myself, um, and I think it's important to maintain that for the individuals involves in potentially filing those complaints. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 13 Porter: Me personally I'm very frustrated at, unr ... the way that this board is set up, cause personally I feel like we can't do anything. Personally, I'm going to tell the truth, urn, I personally filed a complaint myself. Um, I had a situation; I don't want to go into it cause I'm trying to put it behind me. Um, I decided to stay on this board because I want to make a difference so that others, if they ever fall into the shoes or had to walk through my shoes of what I went through and filed a complaint, I wouldn't want anyone to feel the way that I felt, but the way that it's governed, um, yes, in 1997 rules were made because of something this board came together, because of something that happened, and me personally, I saw shuttin' up the community they came up with this board. So, this board, uh, was put together so that ... um ... it can look at some policies and procedures of the Police Department... which is good. I have no objections to them. I've been on this board. Um, we've had many cases and out of 177 cases, six sustained. Um, I just think that it really needs to be looked into because to me personally it's like the fox watching the hen. Honestly, name change or no name change it's not about the name change. There's more need to be done than just the name change. Um, when I carne on this board, Janie, you had this paper. Everything you stated in here. These were the things we were working on, back then. These were the things we talked about and it was about community. It wasn't about just one or two people. It's not about me. It's about just doing the right thing, and ... when we met last week, we talked about what is it that we as a board can do and personally, we can't do nothing! Personally, we can send, give a recommendation to the City Council, but nobody up here has any recommendations to give because they're okay with what's going on. So, to me, this is what it is and it's not about a name change. You know, I have no problems with ... I'm trying to move on. I have no problems with the Iowa City Police. I ... I try to speak to `em when I see `em ... everybody on the Police didn't do anything to me. I had some issues with several of the police. Some things happened to me. So, therefore, that should have been looked at. That's all I wanted. Not the whole police force because I love what the Iowa City Police is doing here, as far as drugs in our community, far as the safety. They are doing things that I'm pleased with. I live here because I choose to live here because I feel it's safe for me and my family... than from where I come from. So when we're talking about what is it and frustrations, yes. The policy and procedures of the Police need to be looked into. That's my personal opinion. Not just the name change. It's more than a name change. But, we need to just make sure that the community, we as a conmlunity, feel safe as a whole. So ... that's my concerns. When you file a complaint, in that complaint you get a call, which I did too, from ... you get a call from somebody in the Police Department who wants you to come in and talk to `em. Personally, a lot of people feel like if I'm filing a complaint with the Police, why do I have to go talk to the Police? So therefore... um, my question was why couldn't there be an outside agency to handle this? Why couldn't somebody else handle this? But then an officer explained to me last week that he is the president of the union and he recommends that no police officer do a mediation, because he let me know that the person that comes in for a mediation cannot discipline a police officer if he This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board —Annual Community Porwn Page ld needs to be disciplined, you know, and follow the procedures that they have to go through. So, that's my concerns. Eastham: (mumbled) My name is Charlie Eastham, urn ... and I actually sent one of the letters to the board about, uh, making recommendations about police procedures and practices, not the board's composition and duties and, uh, structure. But police procedures and practices. Uh, I just want to say that it...it seems very apparent to me that, um, moving policing in any direction from where it is right now is not something that can be done by continuing to spend effort looking into officer misconduct. It's a very good idea for a citizens' board to be able to review officer misconduct. I think that's a fine idea. But I think the ... the community that I'm in contact with is looking for this board to do things other than looking at officer misconduct. Um, if you take a look at the disproportionate, uh ... uh, arrest and citation rates for black youth in the community, which are much, much higher than (mumbled) should be. None of those rates can actually change if we continue to use all of our effort looking at individual officer misconduct. To change something like that, we have to look at police practices, you know, in a much more, um, generally as well as, uh, specifically, and not ... not at the (mumbled) officer level, but at, uh, the way the police department is going about, uh, providing policing services for the community. So I hope the board will in the future will, uh, realize that it has two major sets of powers. One is investiga... investigating officer misconduct, but the other is the general power to actually make recommendations to the police, uh, I mean to the Council about police policies, practices, and procedures, and ... and use more time to, uh, to do the latter, and I think that's in part what I understand, uh, Janie was trying ... was getting at in her letter. King: Thank you. Anyone else? Dieterle: Well I heartily agree with, um, Charlie Eastham and his remarks because um ... you know, within the scope of the Police Department there... there's just so much they can do with the number of officers they have and the amount of time that they have. That has to be decided I ... presumably by the Chief, you know, where the emphasis is going to be placed. Um, and you know, in the ... in the years that I've been watching this and I was one of the people who helped pass the petition to get the ... the whole, uh, thing onto the, uh, onto the... ballot, um, and was one of the people who pressed for the, uh, police review board in 1997 because of the Eric Shaw disaster. And, um, it...it seems to me that all of the people that I've talked to, pretty much, have been much more interested in the police having their resources placed, uui, on ... on victimed- crime. Crimes that have a victim. People who have actually robbed, beaten, assaulted, um, in some way or another, uh, victimized by somebody. And I've had people complain that they've had, you know, what they suspected was burglaries and ... and things going on, where they called the police but the amount of time it took for someone to get there was insufficient, that ... it was less than useful, and I, you know, I appreciate that you can't just direct them away from what they ... what they're This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 15 doing, but you ... it would seem to me that the whole business about their discretionary power and how to prioritize, you know, what is the most important thing to be done is something that could be looked into. Um, you know, of course we have traffic laws and we have laws against drinking and all those kinds of things, and you know, you can't just ignore those things, but you also don't need to make that the priority when there are people who are actually being assaulted, beaten, chased, you know, stalked, and ... and whatever. Thanks. King: Anyone else? Um, our next meeting.... Tucker: Hi ... Annie ... Annie Tucker, Ulu ... sorry, writing my address. I appreciate that ... that you're required to have this review and that you're open to all the questions and that you're here doing it. And I appreciate you giving the background, and I appreciate you ... um ... in this room considering what you would like changed, and I really urge you to go back to the point where you were when Janie was on the board. And, look beyond the constraints that you see, or like just step way back from it and look at what would be a good process. I believe ... I believe, Matt, did you ask the Human Rights Commission to take a look at the PCRB process? Where is that? Hayek: It's ... it's, well, I can't talk because the Councils here but it's on our pending work session, uh, so we're going ... we're going ... we scheduled it for after, uh, this forum. So, we're going to have a conversation. Tucker: And ... and did the, can I just ask a procedural thing? Did the...did the ... maybe I can ask Orville... did the Human Rights Commission approach the Council about the PCRB process? Townsend: I think we made a recommendation (mumbled) Tucker: Okay. (male): (mumbled) Tucker: Okay. So I just wanted to (several talking) Orville Townsend: I just shared that the Human Rights Commission, uh, requested that the, uh, City Council make it an agenda item and uh, you know, take a look at it. We expressed some concerns. Tucker: Okay. And I guess I just want to raise, or I want to reiterate support for Charlie Eastham's encouragement to look at not just individual officer's behaviors but ... but practices and policies and procedures. That makes all the sense in the world. I'm also concerned about one thing that I've heard from someone is that the officers are ... it's a 24/7 crew, and how often can you get ... any percentage of officers focused or able to attend any given topic. I...I just, that's a question. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board amoral community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 16 That's a question. Um, I also just want to, um, say if...if we had a business... and we had an accountant that was doing our books, and a ... we had a question about how the accountant was doing the books. Would we go to that accountant's co- worker to ask them to double check it? I don't think we would. I think we want a process that is above suspicion or doubt. As ... as we back up and look at what could that look at, I want something ... I encourage us to find a process that is above suspicion or doubt of people saying, ooh, is there a conflict of interest here? Ooh, is there a, you know ... and the, um, the part of the process where someone who makes a complaint has to come in to the Police department and speak to an officer seems intimidating to me, but it's inherent because the police department is doing the ... the investigation. So given the structure, it's an inherent part of it, but I think it could be a deterrent or a real ... it could be intimidating. Separate from the people involved. Just structurally intimidating. And then I guess, I guess I want to go to ... I think Mr. King, I think you were the one who said, or one of the people who said the secrecy piece creates suspicion. You know, so it's like, it's too bad you have things that you would want to say, but nobody can hear them because your part of the process is confidential, at least. King: Correct. Yes. Tucker: So, I just wonder, are there times when different... different people or entities benefit from that confidentiality. What if someone who made a complaint is fine about the world knowing it? You know? I just ... I just think that's something to consider. That there may be people who make a complaint... that are fine with anyone knowing. They would want people to know. That's a possibility. That as you're looking at the process I'd want you to look at. So ... that's all. Thank you. Thank you for this opportunity, and thanks for a really rigorous look at the process. And thanks to the Human Rights Commission for raising the concern. Finnerty: Good evening. My name is Diane Finnerty and I'm with the, uh, Iowa City Human Rights Commission and I apologize for coming in late. We just had a wonderful event at the Englert. Um, giving Human Rights Awards to youth in our community doing great stuff. So ... um, got here when we could, but several of us commissioners just showed up after... about 60 awards. It was really great, Um, so I just want to offer also, um, my own individual support too for just looking at the model. Um, part of our conversation at the commission was, um, hearing concerns in the community, both ones that were given to us directly as a commission, as well as anecdotal ones as we work on issues of immigration, of people feeling, uh, whether they can or can't come forth, even to file concerns, um, to the Police Department, but then also concerns about treatment and the... it's not a look at whether the Police Department is doing their job well. It's whether there is transparency in our community for citizens, for residents, to be able to believe there's a transparent process. I ... I think the current model really doesn't benefit anyone. Um, we'd want a model that supports the Police Department in doing their incredibly important work in the community, at the same time engenders trust in the ... the actual community members that there's This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 17 response and that there's... it's not an insular, circular investigation process that's going on. So, um, our recommendation for looking at the model is to look at both the strengths, but also the challenges, um, and our understanding and our commitment particularly as the commission is to ... as we continue to diversify in our community that we call feel like we have access to our, um, city government at all realms, um, and uh, our concerns this past year has been particularly on issues of immigration, on issues of racial profiling in terms of some of the national issues, as well as local ones, and um, we ... we just believe that a look -see at this current process would benefit us all, um, so I ... I thank you for your service to the community, and uh, we look forward to working as partners in the future as we go forward. King: Thank you. Treloar: Um, there seems to be quite a bit of concern about transparency and I understand that, and um, I appreciate that actually. One thing I would like to point out though is, I ... this is Iowa City. We expect a lot from our police, and that's good. We should also look at what we get from our police in response to our expectations. Um, as far as transparency, our officers do have microphones on them when they get out at calls. They're required to turn them on. Um ... I think I can say this because it's not a particular case. There was one instance where one of the officers did not have his microphone turned on. The Chief's response was that he received training with the Chief on the importance of that. Now, I've been in law enforcement since 1975. I've been a police chief. I've been a police officer. When you read something like that you know that that was not a good day for that officer (laughter). That the training... was not a good day for that officer. The Chief obviously took keeping that microphone turned on extremely seriously. They have the cameras in the cars. Our Police Department is nationally accredited. There are very few police departments in the nation that achieve national accreditation status. What that involves is having a ... an enormous, um, amount of policies that are scrutinized by a national review board on all the practices of the police department, and they come in and they go over those, about every three years. It's lengthy. It's expensive! It's thorough, but that is one of the steps that our city has seen fit to do to make sure that we have a top -flight police department, and that things are transparent and above- board. The microphones, the cameras, most police departments in the state do not have those. They're going above and beyond what is expected throughout the rest of the state to be transparent. Another thing that our Police Department in conjunction with the Sheriffs Department and the University Police Department, urn, and the Coralville Police Department does is they amorally have a police... a citizen's police academy. I was fortunate enough to attend that last year. Like I said, I've been in law enforcement since 75. Things change a lot, and in that 12- week session I learned a lot of new things, and ... there are a lot of things that the police do that I'm going to use the words "don't make common sense," because common sense implies that understanding that we all have about something. Well, some of the things in the police world, we don't have a common This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May % 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 18 understanding about how that all works. There are very many legal ramifications to why they do what they do, and... often times I've caught myself doing that too. I thought, well, why do they do that, that doesn't make sense? But then when I researched further and found the details of what was actually involved, then it made sense. It wasn't common sense because your common person doesn't know all the details involved, but it does make sense. Um, so I'll just ... the reason we have these...we also have a new crime prevention officer in the last few years. That's another effort on the Police Department's part to be proactive. It's extremely important for law enforcement to be proactive, and by proactive that means getting citizens involved, citizens' trust, citizen participation. If we had to depend on the officers to do all the crime fighting for us, we'd really be behind the ball. The officers depend on the citizens to call them to report things, to let `em know what's going on, and that involves developing good public relations. That again is another reason why they developed the Police Citizens Review Board is to help foster those public relations. These things all again happened because you the citizens expect a lot of your police department. And, they're not perfect, and we're not perfect, but... you're doing a lot of good things and don't ...don't soft -sell that. There's a lot of good going on here in Iowa City and law enforcement. So ... thank you for your input (mumbled). (male): (mumbled) (several talking) Yes. Hanson: My name is Peter Hanson. I'm a resident of, uh, Iowa City since 1999. I know a few years ago if one individual repeatedly filed complaints, say ten complaints over a period of three years, on the tenth complaint you knew this individual was kind of a repeat complainer and it's difficult for that knowledge not to color your treatment of that person's complaint. On the other hand, at least a few years ago, if many complaints were made against the same officer, the way the system worked you did ... the Police Citizens Review Board, did not know that repeated complaints of the same nature had been made against the same officer. Is that still the case in your operation or has that been changed? King: Do we know the identity? No we do not. Treloar: We don't know the identity of the officers (mumbled) of the complaint. Hanson: But you do know the identity of the complainant? Treloar: Yes. Hanson: is that fair? Treloar: Well... since I've been on the board, I ... I don't know of any case where we've had a repeat complaint from, uh, a citizen. But um, in fairness to the officer... This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 19 Hanson: See, if there's a pattern, I mean, if one officer has ten similar complaints filed against him or her over a period of five years, I would think that would put up a red flag. King: Well that would... that would be to the Chief, because we couldn't do anything—we don't have ... we can't discipline him. We can't discipline that officer, even if we knew that officer had ten. That would be up to the Chief. Hanson: No, I'm not talking about discipline but just the, uh ... I would think it would have an effect on how you viewed the complaint. King: (mumbled) Pugh: And I think that's the very effect that they're trying to avoid, um ... since the officer's the one being accused of the wrongdoing, they ... PCRB wants to remain blind to the identity of that officer so there wouldn't... their judgment wouldn't be tainted by that knowledge. If it was (mumbled) the same person doing the same thing again. Hanson: But that same blindness isn't necessary with respect to the complainant? Pugh: Well, the complainant's not the one being accused of anything. So I ... I guess (both talking) Hanson: Well, in a sense... in a sense often they are, uh... if they're very young maybe or if they're from a particular ethnic group and so forth ... uh ... I would ... I would suggest that ... that can color, uh, a normal human being's opinion (mumbled). But, there's no change in that practice (mumbled) Treloar: No. I mean ... I'm sure an officer that receives a complaint comes to the attention of the Chief (mumbled). And that's the one who has the (mumbled) and looking at the situation and ... with ultimate responsibility for the department. I'm confident the Chief takes those complaints seriously. Hanson: Yeah, but see I would think that for the same reason that the Chief would ... you know, his ears would perk up that yours would also if you knew it. But you're not ... you don't have that information available, see and ... so... Townsend: Good evening, my name is Orville Townsend. A couple questions. If there are ten complaints made ... who decides, I mean, whether or not they come to you? (mumbled) to the board. King: Who decides what comes to us? Townsend: Yeah, I mean, you know, do you get all ... get to see all that information or what's the process? If there are ten complaints made, you may end up ... do you get all This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community }•'bruin Page 20 ten of `em or do you get five of `em? Who decides, you know, what you guys get to deal with? King: (mumbled) ...if there's like, um, a complaint and there's like ten allegations in that complaint, or ten different people complaining? Jensen: Do L..do I understand your question correctly, is how do ... how does a ... complaint come to the Police Citizens Review Board itself? Townsend: Right, you're the review board so I guess what I'm trying to find out is, who decides what you get to review? Treloar: When the citizens file a complaint with us, we review it. Townsend: Okay. King: It goes to the Chief and then (several talking) Townsend: Okay. Why does it have to go to the Chief? It looks like it would come to the review board. King: The Chief ...the Chief is the one that does the reviews. Townsend: Okay. King: The Chief does the reviews. Pugh: Although the board does receive a copy of the complaint. King: Right (several talking) Townsend: Okay. But doesn't that seem, um, you know, perception is 90 ... perception is just as damaging as reality, and doesn't it seem that, you know, people would be a little suspicious, especially if they don't get ... if they feel they don't get a positive result, that they feel a little suspicious with the Police Department being... determining what you guys get to deal with? Smithey: I don't think you guys are understanding the question. (unable to hear; away from mic) Jensen: Yeah. Yeah, I... Smithey: The complainant decides if they get the complaint. Nobody else. It's entirely based on where the complainant files the complaint. Do they file it with the Police Department, in which case only the Police Department does the internal. If they file with the PCRB, in which case the PCRB gets the complaint but the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 21 Police Department still does the internal investigation. (unable to hear; away from mic) Townsend: Okay. Pugh: There are complaint filed with the Police Department that the PCRB may never see. (unable to hear; away from mic) (several talking) Jensen: Because the person filing the complaint doesn't file it with the PCRB. They ... it goes straight to the Police Department. Townsend: Okay. So in order to improve perception, it would probably be better if the Police Department, even if ..when it's filed with you, it would probably be better if the Police Department weren't involved in it then. King: Well, again, it goes back to if we have our own investigator, the police officer's not compelled to ... to talk to its at all. Townsend: Okay. King: To get that side of the story. Then you go ... take it from the police aspect to the citizen's aspect. You're only going to hear one side, no matter how you do it. So the ... the Police Chief can compel his officers to, uh ... uh, to testify to ... to complete, uh, with the investigation, or as if it was our investigator to talk to the police, the police don't have to talk to us. That's why the ... that's why it's to the Police Department. Townsend: So ... what power do you have? King: Well, we have the power to ... to, uh, send it back to the Chief if we feel it wasn't, um, investigated thoroughly or properly. Um ... we can do our own investigation, um, as to ... interviewing the complainant. We can subpoena the complainant to come in, um ... so we can ... we're limited to what we can do, but we ... there's things that we can do if...it'll have to go back to the Chief. Would have to go back to the Chief. Townsend: Okay. Treloar: And another example of a complaint that might go to the Police Department, might not come to us. Say I have a patrol car parked in front of my house. It's there several days that week. And I'm worried... why is he watching me or something like that. So I go to the Chief, and the Chief explains we've had numerous complaints about people speeding in that neighborhood and we're stepping up the radar traffic enforcement there. That's why he's there. Well, that might be all I need. Oh, okay! So ... that wouldn't necessarily go on farther. That's why a lot of complaints get resolved by the police department, is they're This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board— Annual Community Forum Page 22 able to explain what they're doing and why they're doing it to ... to the complainant's satisfaction. Townsend: Okay. Thank you. Dieterle: I have a quick questions that's kind of a follow up to ... to his. Um, there was some discussion about changing the, uh, complaint form. So that it would say on the bottom, you know, that you can also file a complaint directly with the Police Review Board, as well as filing it with the Police. And, I wondered whether that might be a procedure that you might want to talk about having changed. Maybe via the Council, that all complaints go both to you and to the Police, so that there isn't anything that is ... that you're left out of essentially. And the other thing is is that some of the times that I've attended the board meetings, uh, there's been quite a long discussion about, um, identification of...of the, uh, officer and the whole question, because you don't get a name. You get a number or ... or a letter or something. Um, and this is to preserve confidentiality for the police. But, um, it seems to me that, you know, if you're going to keep some statistics it would be a good idea to do that, so that if you had a statistic showing up that the same number, you know, turned up over and over again, technically the person may not have done anything, uh, that would cause the complaint to be sustained, but it would be a case where you could say, well, uh, in the case of five or six complaints involving the same numbered, um, officer, maybe we should ask the Chief to ... to, whether he's talked to this person, to do anything about this, to modify his behavior somehow cause maybe he's provoking some of the problems that he's involved in. Um, even though technically he's within the law. So, I ... it just seems to me that part of this transparency is having all of the complaints go to both board members, and that you keep some sort of statistics... about what you're doing too. Pugh: And I would make the comment that the board does receive a summary of all complaints internal or PCRB, although we don't review the internal complaints. We do receive like a summary of what those complaints were. Yeah. King: And the City Council does too. Pugh: Uh -huh. King: Anyone else? Motion for adjournment. Adjournment: (male): (several talking) Hansen: A couple years ago, uh, I attended one of these meetings and the question came up about your annual report and uh ... we were told that, well, you just go to the web site and ... you know, you can download our annual report that we make to This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board— Annual Community Forum the, uh, City Council each year. Well I, you know, I've got, I don't know, 60 years of computer experience and I spent about an hour hying to find it! And ... and I couldn't, and I haven't visited your web site, uh, recently, but I'm wondering have you, uh... King: The yellow sheet tells you how to get there, cause (both talking) all the complaints, or all the annual reports are on the ... on the computer. Hansen: They're more access ... but it's ... and they're more accessible (both talking) King: Yeah, you can .... you can read each one of `em and they have a section, um... Hansen: Cause you gotta find it before you can read it! I mean, they're easy to find... King: Yeah, yeah, they're easy to find. Page 23 Hansen: Cause I remember ... I ended up calling the City Clerk's office and someone kind of stepped me through it and it took her a long time to ... to find it. King: Yeah! I think if you went to the City web site and go to A to Z, and go to P for the Police Citizens Review Board; click on that and it lists in ... in red all our annual reports. Hansen: Right on that... King: Right on that page. Hansen: That wasn't the case a few years ago. King: There's three pages of it, um, I know they're on there now because I just reviewed it in the last few days. Thank you! King: Uh, again, our next public meeting is June 12i1' at, uh, City Hall in the small conference room they have there in the lobby, um ... (several talking) (female): What time? Jensen: 5:30 (several responding) King: Motion for adjournment? Jensen: Motion to adjourn. King: Motion by Melissa. Treloar: Second. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board annual community forum of May 9, 2012. May 9, 2012 Iowa City Police Citizens Review Board — Annual Community Forum Page 24 King: Second by Joe. All in favor say aye. All opposed same sign. Motion carries 4 -0. Thank you very much. (several talking) This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board amoral community forum of May 9, 2012.