The URL can be used to link to this page

Home My WebLink About08-14-2012 Police Citizens Review Boardi4I:Ii4IQ:7e1►I Bill P I POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: August 8, 2012 TO: PCRB Members FROM: Kettle Tuttle RE: Board Packet for meeting on August 14, 2012 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 08/14/12 • Minutes of the meeting on 07/10/12 • ICPD REVISED Use of Force Report — February 2012 • Complaint Deadlines • Office Contacts —July 2012 • Draft #1 of FY12 PCRB Annual Report Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org AGENDA POLICE CITIZENS REVIEW BOARD August 14, 2012 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 07/10/12 • ICPD REVISED Use of Force Report — February 2012 ITEM NO. 3 OLD BUSINESS • Draft #1 of FYI PCRB Annual Report • Complaint statistics ITEM NO. 4 BOARD INFORMATION ITEM NO. 5 STAFF INFORMATION ITEM NO. 6 PUBLIC DISCUSSION ITEM NO. 7 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 8 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS • September 11, 2012, 5:30 PM, Helling Conference Rm • October 9, 2012, 5:30 PM, Helling Conference Rm • November 13, 2012, 5:30 PM, Helling Conference Rm • December 11, 2012, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT POLICE CITIZENS REVIEW BOARD MINUTES —July 10, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:36 P.M. MEMBERS PRESENT: Kingsley Botchway, Royceann Porter MEMBERS ABSENT: Melissa Jensen and Joseph Treloar STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: None. RECOMMENDATIONS TO COUNCIL CONSENT CALENDAR Motion by Porter and seconded by Botchway to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/12112 • ICPD Department Memo #12 -19 (Jan -Feb 2012 Use of Force Review) • ICPD Use of Force Report — January 2012 • ICPD Use of Force Report — February 2012 • ICPD General Order (99 -02) Alarm -Open Door Response • ICPD General Order (99 -03) Prisoner Transport • ICPD General Order (99 -05) Use of Force • ICPD General Order (01 -01) Racial Profiling King questioned why the Board receives the General Orders for review after they are already issued, instead of before when the Board could make recommendations for change. There was no one from ICPD present to respond. Motion carried, 310, Jensen and Treloar absent. NEW BUSINESS Draft #1 of FY12 PCRB Annual Report — The Board agreed to continue the review of the draft at their August meeting when all members would be present. Complaint statistics — The Board discussed keeping track of officer numbers that appear in complaints and if there is any benefit in doing so, and what they could do with the information. The Board agreed to continue the discussion at their August meeting when all members would be present. BOARD INFORMATION None. STAFF INFORMATION None. PCRB July 10, 2012 Page 2 PUBLIC DISCUSSION None. EXECUTIVE SESSION Motion by Botchway and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Jensen and Treloar absent. Open session adjourned at 6:18 P.M. REGULAR SESSION Returned to open session at 6:25 P.M. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 14, 2012, 5:30 PM, Helling Conference Rm • September 11, 2012, 5:30 PM, Helling Conference Rm • October 9, 2012, 5:30 PM, Helling Conference Rm • November 13, 2012, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Porter, seconded by Botchway. Motion carried, 3/0, Jensen and Treloar absent. Meeting adjourned at 6:27 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2012 NAME TERM EXP. 1/10 2/22 3/21 4/30 5/9 6/12 7110 yV Melissa Jensen 9/1/12 X X X X X X O E Donald King 9/1/15 X X X X X X X Joseph Treloar 9/1/13 X X X X X X O E Royceann Porter 9/1/12 X X X X X X X Kingsley Botchway II 9/1113 — — X X X Peter Jochimsen 9/1/13 X X - — KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting - -- = Not a Member IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT February 2012 Ofe # Date Inc # Incident Force Used 2012- 51 2 -04 01453 Intoxicated Officer used hands -on control techniques to Subject control an assaultive subject during escort to the 'ail. 63 2 -10 01702 Injured Animal Officer deployed a sidearm to destroy an injured deer. 2,65 2 -13 01821 Intoxicated Officers used hands -on control and take -down Subject techniques to arrest a resistive subject who was attempting to flee. 17, l8, 2 -10 28923 Suicidal Subject Officers displayed side arms and long guns to 2,32,5, approach and control a suicidal subject reported 52,57, to be in possession of a handgun and an assault 59,61, rifle. 65,8 9 2 -16 02026 Injured Animal Officer deployed a sidearm to destroy an injured deer. 53 2 -17 02003 Warrant Service Officer used hands -on control techniques to handcuff a resistive subject during arrest. 49 2 -20 02133 Injured Animal Officer deployed a sidearm to destroy an injured deer. 36 2 -20 02150 Injured Animal Officer deployed a sidearm to destroy an injured raccoon. 10,29 2 -24 02333 Intoxicated Officers used hands -on control and take down Subject techniques to control and arrest a resistive subject. August 14, 2012 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #12 -01 Filed: 04/09/12 Chief's Report due (90days): 07/09/12 Chief's Report filed: 07/09/12 PCRB Mtg #1 (Review & Assign) 07/10/12 PCRB Mtg #2 (Review) 08/14/12 PCRB Report due (45days): 08/23/12 PCRB Complaint #12 -03 Filed: 06/08/12 Chief's Report due (90days): 09/06/12 Chief's Report filed: ? ?/ ? ?/12 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/12 PCRB Mtg #2 (Review) ? ?/ ? ?/12 PCRB Report due (45days): ? ?/ ? ?/12 PCRB Complaint #12 -04 Filed: 06/18/12 Chief's Report due (90days): 09/17/12 Chief's Report filed: ? ?/ ? ?/12 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/12 PCRB Mtg #2 (Review) ? ?/ ? ?/12 PCRB Report due (45days): ? ?/ ? ?/12 PCRB MEETING SCHEDULE August 14, 2012 September 11, 2012 October 9, 2012 November 13, 2012 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2012 Date Description 7 -2 -12 Man called and wanted to amend original complaint; suggested any additions /revisions should be made in writing. 7 -16 -12 Complaint stopped by with question regarding review process and ability of complaint to talk with Board after Chief's report is issued. POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2012 Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY12 the Board held eleven meetings and one Community Forum. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and was available for any questions Board members had regarding these reports. I Presentations -�'WJL In May of 2012 the Board held it'slwffi Community Forum as required by the City Charter. The PCRB Legal Counsel, Catherine Pugh, gave a brief summary on the history, laws governing, investigations, and the name change for the PCRB. There were ten members of the public that spoke at the forum. Topics of discussion included the following: Laws governing the PCRB, and potential changes to the ordinance and operating procedures. Board Members In October officers were nominated with Donald King as Chair and Joseph Treloar as Vice - Chair. Peter Jochimsen resigned and was replaced by Kingsley Botchway in May of 2012. COMPLAINTS Number and Type of Allegations Six complaints (11 -02, 11 -03, 12 -01, 12 -02, 12 -03, 12 -04) were filed during the fiscal year July 1, 2011 - June 30, 2012. Three public reports were completed during this fiscal period (11 -01, 11 -02, 11 -03) and one complaint was dismissed (12 -02). The remaining complaints filed in FYI are pending before the Board (12 -01, 12 -03, 12 -04). Allegations Complaint #11 -01 1. Officers did not respond in a timely manner after her 911 calls for assistance. Complainant asserts that officers arrived almost 20 minutes after the shift change of 11:00pm. NOT SUSTAINED. PCRB Annual Report FY 2012 — Approved ??/??/12— 1 No audio /video from in -car cameras from responding officers. NOT SUSTAINED. Officers made untrue statements in the submitted written reports. NOT SUSTAINED. Improper conduct /treatment by responding officers during interaction with her. NOT SUSTAINED. 5. The Complainant stated that Officer C was untruthful in telling her that three guns had been recovered. NOT SUSTAINED. 6. Officer C made false statements in his report. The report stated the Complainant used profanity when referring to the Cedar Rapids juveniles and was more interested in cleaning up the mess in the clubhouse than speaking with officers. NOT SUSTAINED. 7. Officer C inquired of her personal information while a possible suspect was seated in the back of the patrol car and overheard the conversation. NOT SUSTAINED. 8. Not being told by Officer C that she was going to be charged with Disorderly House and questioned why a warrant was issued for her arrest. NOT SUSTAINED. 9. Officer C called A &M Management apprising them of the damage and telling them that he was going to charge the Complainant for the damages. NOT SUSTAINED. 10. Officer A had made false statements in his report. Report indicated that Complainant had yelled at him and that he made the statement that he was not going to speak with her if she continued to yell. The Complainant asserts this remark was in response to her asking for his name and badge number to report him to the police chief. NOT SUSTAINED. 11, Officer B made false statements in his report that the Complainant made remarks and comments about the police being worthless. Complainant denies making this statement and asserts the officer did this to get back at her since she was calling the chief of police for how she was treated. NOT SUSTAINED. 12. Officer D called the Complainant's employer with the intent of getting her fired. NOT SUSTAINED, 13. Officer D contacted A &M Management in an effort to get them to file charges and informed them that charges were already pending against her. NOT SUSTAINED. 14. Officer D interviewed and questioned juveniles at the schools about alcohol and guns without parent consent, a violation of school board policy. NOT SUSTAINED. Complaint #11 -02 1. Complainant stated that he was threatened with arrest by Officers. NOT SUSTAINED. 2. Complainant stated that he was intimidated by the Officers. NOT SUSTAINED. Complaint #11 -03 1. Officer A followed him, harassed him, and looked for more reasons to fine and arrest him. The complainant asserts that he abided by all of the officer's instructions and was compliant. He states he was mistreated, hand cuffed and Officer A's written statement was false and created to get him in trouble. NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 2 Level b Interview or meet with complainant 1 Level c Interview or meet with named officer 1 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 1 Level f Hire independent investigators 0 Complaint Resolutions PCRB Annual Report FY 2012 — Approved ? ?/ ? ?/12 — 2 The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the seventeen allegations listed in the three complaints for which the Board reported, none were sustained. The Board made comments and /or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #11 -03 Attempts to contact the complainant by the ICPD by phone on 11 -15 -2011 and 11 -17 -2011 were not answered in spite of leaving detailed messages. On 11 -17 -2011 a letter was sent with information as to how to contact the ICPD for an interview. Neither return calls nor correspondence have been received. Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY12 annual report a total of seven officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category /Number of Complainants Age: Under 21 Over 21 Unknown Sexual Orientation: Heterosexual 0 National Origin: US Unknown Gender Identity: Female PCRB Annual Report FY 2012 — Approved ? ?/ ? ?/12 — 3 Color: White Black Unknown Sex: 0 Female 0 Unknown 3 Male 0 Male Unknown 3 Unknown Marital Status: Religion: Mental Disability: Single 0 Unknown 3 No Married 0 Yes Unknown 0 Unknown Physical Disability: No 0 Yes 1 Unknown 2 BOARD MEMBERS Donald King, Chair Joseph Treloar, Vice Chair Royceann Porter Peter Jochimsen /Kingsley Botchway Melissa Jensen PCRB Annual Report FY 2012 —Approved ? ?/ ? ?/12 —4 0 0 3