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Home My WebLink About10-09-2012 Police Citizens Review Boardhrtl 4ky,IQZL1ki 18111 Pi POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: October 4, 2012 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on October 9, 2012 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 10109/12 • Minutes of the meeting on 09111/12 • Minutes of the meeting on 9119/12 • ICPD Quarterly Summary Report (Quarter 1) IAIR/PCRB,2012 • ICPD Quarterly Summary Report (Quarter 2) IAIR /PCRB,2012 • ICPD Quarterly Summary Report (Quarter 3) IAIR /PCRB,2012 • Complaint Deadlines • Office Contacts — September 2012 • Updated Board Member Contact List • Request to City Council for extension on PCRB Complaint #12 -03 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 October 9, 2012 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 REPORT FROM NOMINATING COMMITTEE ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE PCRB -Page 2 October 9, 2012 ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/11112 • Minutes of the meeting on 09/19112 • ICPD Quarterly Summary Report (Quarter 1) IAIR /PCRB,2012 • ICPD Quarterly Summary Report (Quarter 2) IAIR /PCRB,2012 • ICPD Quarterly Summary Report (Quarter 3) IAIR /PCRB,2012 ITEM NO. 7 NEW BUSINESS • Discussion regarding 45 -day reporting period ITEM NO. 8 PUBLIC DISCUSSION ITEM NO. 9 BOARD INFORMATION ITEM NO.10 STAFF INFORMATION ITEM NO.11 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.12 MEETING SCHEDULE and FUTURE AGENDAS • November 13, 2012, 5:30 PM, Helling Conference Rm • December 11, 2012, 5:30 PM, Helling Conference Rm • January 8, 2013, 5:30 PM, Helling Conference Rm • February 12, 2013, 5:30 PM, Helling Conference Rm ITEM NO.13 ADJOURNMENT DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — September 11, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:31 P.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter and Joseph Treloar MEMBERS ABSENT: Kingsley Botchway STAFF PRESENT: Staff Marian Karr and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Captain Jim Steffen and Officer David Schwindt of the ICPD. RECOMMENDATIONS TO COUNCIL None EXECUTIVE SESSION Motion by Porter and seconded by Jensen to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Botchway absent. Open session adjourned at 5:32 P.M. REGULAR SESSION Returned to open session at 6:13 P.M. Motion by Treloar and seconded by Jensen to set the level of review for PCRB Complaint #12 -01 to 8 -8 -7 (13)(1)(d), Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation. Motion carried, 4/0, Botchway absent. PCRB September 11, 2012 Page 2 CONSENT CALENDAR NEW BUSINESS Motion by Porter and seconded by Treloar to adopt the consent calendar as presented or amended. Minutes of the meeting on 08/14/12 ICPD Department Memo #12 -27 (March -April 2012 Use of Force Review) ICPD Use of Force Report — March 2012 ICPD Use of Force Report —April 2012 Motion carried, 4/0, Botchway absent. The Board discussed the draft minutes and made a change. Motion by Treloar and seconded by Jensen to change the minutes to reflect that Schwindt did not question but asked for additional information regarding the level of review on the annual report. Motion carried, 4/0, Botchway absent. Select Nominating Committee — Porter and Jensen volunteered to be on the nominating committee and will meet and report back to the Board at the next meeting. BOARD INFORMATION When the Board receives the Chief's report on a complaint the officer's names are not identified. King asked if the Board could request the length of employment for an officer involved in a complaint. Pugh stated that she believed that regardless of whether an officer is new or a veteran, they should all being following the same rules and regulations and length of employment should not have any bearing on the decision of the Board. STAFF INFORMATION Pugh stated she was changing her e-mail address. Tuttle informed the Board that at the August 21st Council meeting, one Council member asked if the PCRB needed to extend their 45 -day reporting period to respond to the Chief's report, since they had requested an extension on the Council agenda. The Board agreed to put the item on the next meeting agenda to discuss. Pugh also stated that the Ad Hoc Diversity Committee has requested that she do a presentation similar to the one given at the forum, but it would probably be in October. PUBLIC DISCUSSION None. PCRB September 11, 2012 Page 3 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) 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 Motion by Treloar, seconded by Jensen to hold a special executive session only meeting on Tuesday, September 18`h at 5:30 subject to room availability. Motion carried, 4/0, Botchway absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Jensen. Motion carried, 4/0, Botchway absent. Meeting adjourned at 6:26 P.M. i a O O Iry O O C y eD Q y n o. H y � z d o� N �y O ro 0 r n z 0 �roe�x tv as W lJ N C liJ C t/i C N b 0 x k x x x N I I k x x X N O k x x X X i x X� x° o x x x x a t;j H y � z d o� N �y O ro 0 r n z 0 POLICE CITIZENS REVIEW BOARD MINUTES — September 19, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:33 P.M. MEMBERS PRESENT: Kingsley Botchway, Melissa Jensen, Royceann Porter and Joseph Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Marian Karr and Catherine Pugh (5:35 P.M.) STAFF ABSENT: None OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #12 -01 EXECUTIVE SESSION Motion by Treloar and seconded by Kingsley 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, 510. Open session adjourned at 5:34 P.M. REGULAR SESSION Returned to open session at 7:56 P.M. Motion by Jensen, seconded by Treloar to forward the Public Report as amended for PCRB Complaint #12 -01 to City Council. Motion carried, 5/0. Motion by Treloar, seconded by Botchway to request a 60 -day extension for PCRB Complaint #12 -03, due to timelines and scheduling. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Porter, seconded by Jensen. Motion carried, 5/0. Meeting adjourned at 7:58 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 September 19, 2012 To: City Council - Complainant -' City Manager - Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #12 -01 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #12 -01 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's job is to review the Police Chief's Report ( "Report ") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on April 9, 2012. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on 71912012. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (B)(1)(b), "Interview /meet with complainant" and Section 8 -8 -7 (B)(1)(d), Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation. The Board met to consider the Report on July 10, 2012, August 14, 2012, September 11, 2012, and September 19, 2012. At the September 11th meeting the Complainant appeared before the Board. The Complainant was asked if she had reviewed the Chief's investigation /audio and she stated yes she had. The Complainant was asked for any additional information that she felt needed to be added to the investigation. It was determined by the Board that further follow -up investigation may be needed, and it would be undertaken by the Board itself. On September 19`h the Board listened to one hour and forty -five minutes of audio from the incident. FINDINGS OF FACT On March 18, 2012 at 23:58:47 hours, Officer A was traveling east on Davis St when the officer stopped to investigate a disturbance at the residence of the complainant. At approximately the same time Officer A stopped to investigate the disturbance, another call was received by Johnson County Joint Communications Center from a neighbor regarding noise coming from the Complainant's residence. The officer asked 3 -4 individuals in the yard if there was a problem and received no response. An individual standing on the front porch of the residence that was later identified as the Complainant, stated there was no problem and the officer could leave. The complainant failed to respond appropriately to the officer's basic questions, including providing identification or the complainant's name. The officer directed the individual to remain on the porch and not enter the residence. When the complainant began to enter the residence with the assistance of family, disregarding the officer's direction, Officer A took ahold of the complaintent's wrist. The complainant struggled, and the officer advised if the complainant would stay on the porch he would let go. The complainant agreed and the officer let go, at which point the complainant entered the residence and attempted to shut the door, striking the officers foot. The complainant was subsequently arrested and charged with Interference with Official Acts and Assault on a Police Officer. ALLEGATION #1 - Excessive Force A review of the transcripts as well as the officer use of force report show the Complainant failed to cooperate with Officer A's direction and attempted to enter the residence after being advised not to. There was sufficient reason for the officer to believe a problem existed based on the noise, the lack of cooperation, and the officer observing an individual leave the yard and enter the residence upon the officer's arrival. The noise concern was also supported by a separate complaint from a neighbor. Had the complainant followed the officer's direction and remained on the porch, the officer would not have taken ahold of the complainant's wrist; this action was within the department's use of force policy. The complainant struggled to get away from the officer. Family also attempted to pull the complainant away from the residence and into the house. The medical records from Mercy Hospital indicate a complaint of wrist and thumb sprain but the medical records find no physical abnormalities. There is no indication excessive force was used by Officer A. Allegation 1: Not sustained i ALLEGATION #2 - Harassment A review of the transcripts indicates the Complainant being uncooperative with Officer A while the officer responds in a professional manner. As stated in Allegation #1, there was sufficient reason for the officer to believe a problem existed. There is no evidence to support the allegation. Allegation #2: Not Sustained ALLEGATION #3 — Violation of Civil Rights A review of the transcripts indicates the Complainant being uncooperative with Officer A while the officer responds in a professional manner. As stated in Allegation #1, there was sufficient reason for the officer to believe a problem existed. There is no evidence to indicate the complainant's civil rights were violated. Allegation #3 — Not sustained ALLEGATION #4 — False Arrest By her own admission, in the Complainant's written statement, she admits to refusing to talk to Officer A. This is also supported by the audio transcript and the officer statement. The officer directs the complainant not to enter the house, which she disregards. When the officer stops the complainant, she again disregards the officer direction as soon as he lets go of her wrist. The complainant shuts the door on the officer's foot which is supported by the dispatch log entry dated 3 -18 -2012 at 23:18:22. There is sufficient evidence to support the charges of Interference with Official Acts and Assault on a Police Officer. Allegation #4 — Not sustained COMMENTS The Board sees the need for more education on an individual's rights and responsibilities when responding to police officers' directions. TO: File MEMORANDUM FROM: Jim Steffen, Administrative Services RE: Quarterl /Summary Report (Quarter 1) 2012 DATE: October 3rd, 2012 Attached you will find the 2012 Quarterly Report, (quarter 1), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. There were no IA's initiated during the first quarter of the year cc: PCRB Chief Hargadine Sgt. Troy Kelsay ,z. co s cv n� R m m m n O n 0 m 0 m 0 9 -n a n w a v a`3 e I a IN J r ri -n d Y 3� �J [U TO: File MEMORANDUM FROM: Jim Steffen, Administrative Services RE: Quarter[ /Summary Report (Quarter 2) 2012 DATE: October P, 2012 Attached you will find the 2012 Quarterly Report, (quarter 2), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. A total of six IA's were investigated during this quarter. Two internal complaint investigations were started. One was completed and one is still under investigation. Four external complaints were investigated; all PCRB and all four are completed. cc: PCRB Chief Hargadine Sgt. 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Z 0 �n 'm r� TO: File MEMORANDUM FROM: Jim Steffen, Administrative Services RE: Quarterly /Summary Report (Quarter 3) 2012 DATE: October 3rd, 2012 Attached you will find the 2012 Quarterly Report, (quarter 3), for the Iowa City Police Department Internal Affairs /Police Citizen's Review Board investigative file. A total of seven IA's were investigated during this quarter. Three internal complaint investigations were started. Two were completed and one is still under investigation. Four external complaints were investigated, including one PCRB. Two were completed and two of those external investigations initiated during this quarter are currently pending. cc: PCRB Chief Hargadine Sgt. Troy Kelsay N L� N 4, li Q � •] ro ' N a a a n 0 v m 0 w Iu N aLip ff � � N N � � o ,y N 0 0 m � o a a O Q m .�i M W t� Ki O m N 3 � v a D m C m M 0 m � a La fLa V ff N a N eta fN o � 0 O N a c CL a V N N n0 a S � C � m a m � a Z 0 n 9' d W N O z m a m v N O N 3 v a° m 3 ai 0 C 0 c m a W N O N m d m al N O N O m 0 v m c 0 c m o. e N m a 6 .9m EL rv4 m g� 0 a =i 0 L O o � N a r. F5 o O � a ro � ma N Kj W p i N � a m d � o fA d e m a Z 0 n m. n A gym aYTw s N 07 3/ _ `R /\ % y- -« -C, Al \\ \ ; k § § 2 E § K 7 a §[ k g § g 7 ) § ƒ 2 ƒ ` § \ 7 - - WE 0 0 k j § ■ j ( G a ; 2 ° w * / ® \ E 2 % § k « ■ } ■ § ; § k E m � 2 \ & \ ■ « - 3/ _ `R /\ % y- -« -C, Al \\ \ ; October 9, 2012 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #12 -03 Filed: 06/08/12 Chief's Report due (90days): 09/06/12 Chief's Report filed: 09/05/12 PCRB Mtg #1 (Review & Assign) 10/09/12 PCRB Mtg #2 (Review) ? ?/ ? ?/12 PCRB Report due (45days): 10/22/12 60 -day Ext Request: 12/21/12 PCRB Complaint #12 -04 Filed: 06/18/12 Chief's Report due (90days): 09/17/12 Chief's Report filed: 09/17/12 PCRB Mtg #1 (Review & Assign) 10/09/12 PCRB Mtg #2 (Review) ? ?/ ? ?112 PCRB Report due (45days): 11/01112 PCRB Complaint #12 -05 Filed: 08/31112 Chief's Report due (90days): 11130112 Chief's Report filed: ? ?/ ? ?/12 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/12 PCRB Mtg #2 (Review) ? ?1? ?112 PCRB Report due (45days): ? ?/ ? ?/12 PCRB MEETING SCHEDULE November 13, 2012 December 11, 2012 January 8, 2013 February 12, 2013 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS September 2012 Date Description 9 -5 -12 Individual had a complaint regarding Johnson County Sheriff's office. Has paperwork to file with Senator Loebsack and Attorney General to follow up. 9 -17 -12 Complainant called regarding report received. Explained the complaint process. Updated 09112112 POLICE CITIZENS REVIEW BOARD Donald King, Chair 2374 Kristian St Iowa City, IA 52240 (C) 319 - 594 -7660 gohawkeyes54@yahoo.com Joseph Treloar, Vice Chair 2501 Holiday Rd Coralville, IA 52241 (0) 625 -2153 Royceann Porter 136 Appanoose Ct Iowa City, IA 52240 (H) 354 -8633 (0) 721 -8915 Melissa Jensen 830 Elliott Ct Iowa City, IA 52246 (H) 354 -5043 (0) 398 -5491 Kingsley Botchway II 1054 Westside Drive Iowa City, IA 52246 (H) 803 - 394 -3905 (0) 354 -2983 (x120) A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 Term: September 1, 2011 — September 1, 2015 Term: September 1, 2009 — September 1, 2013 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2009 — September 1, 2013 Catherine Pugh, Legal Counsel 4743 Dryden Ct Iowa City, IA 52245 -9250 (H) 339 -4617 Cathy. Pugh @unitedactionforyouth.org POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 September 20, 2012 Mayor Matt Hayek 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the September 19, 2012 meeting, the PCRB voted in open session to request a 60 -day extension to its regular 45 -day reporting deadline for the Public Report according to the City Code for PCRB Complaint #12 -03 for the following reasons: • Due to timelines and scheduling Public Report presently due October 22, 2012 60 -day Extension request — Report would be due on December 21, 2012 The Board appreciates your prompt consideration of this matter. Sincerely, )CT i<�'�y Donald King, Chair Police Citizens Review Board cc: City Attorney