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Home My WebLink About11-20-2012 Police Citizens Review Boardhq I :I x4101:7_\ i! U11Lrr POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: November 15, 2012 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on November 20, 2012 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 11/20/12 • Minutes of the meeting on 10/09/12 • ICPD Department Memo #12 -41 (May -June 2012 Use of Force Review) • ICPD Use of Force Report — May 2012 • ICPD Use of Force Report — June 2012 • Complaint Deadlines • Office Contacts — October 2012 • Updated Board Contact List • 16th Annual Police Academy 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.oro AGENDA POLICE CITIZENS REVIEW BOARD November 20, 2012 — 5:30 P.M. EMMA J HARVAT HALL 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 10109/12 • ICPD Department Memo #12 -41 (May -June 2012 Use of Force Review) • ICPD Use of Force Report — May 2012 • ICPD Use of Force Report— June 2012 ITEM NO. 3 NEW BUSINESS • Additional Board Recommendations ITEM NO. 3 OLD BUSINESS 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 • 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 • March 12, 2013, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT 71T.TTITO POLICE CITIZENS REVIEW BOARD MINUTES — October 9, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:33 P.M. MEMBERS PRESENT: Melissa Jensen, Kingsley Botchway MEMBERS ABSENT: Royceann Porter, Joseph Treloar STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Recommendation to change the Board's 45 -day reporting period to 90 -days. (2) Accept PCRB Report on Complaint #12 -04 REPORT FROM NOMINATING COMMITTEE Jensen and Porter were appointed to the nominating committee at the September 11th meeting. Jensen reported that the committee had not been able to meet but she did talk to each Board member to see who had interest in serving as an officer, and did make contact with Porter via e-mail regarding those discussions. Members interested in serving as Chair were Treloar, Jensen, and Botchway. Members interested in serving as Vice Chair were Treloar, Jensen, Botchway, and Porter. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by King, seconded by Jensen to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 3/0, Treloar and Porter absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by King to nominate Treloar for Chair. There were no other nominations. Motion by King, seconded by Jensen to close nominations. Motion carried, 3/0, Treloar and Porter absent. NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON Motion by King to nominate Jensen for Vice Chair. There were no other nominations. Motion by King, seconded by Botchway to close nominations. Motion carried, 310, Treloar and Porter absent. (Vice Chair Jensen took over the meeting) CONSENT CALENDAR Motion by King and seconded by Botchway to adopt the consent calendar as presented or amended. • Minutes of the meeting on 09/11/12 • Minutes of the meeting on 09/19/12 PCRB October 9, 2012 Page 2 • 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 Motion carried, 3/0, Treloar and Porter absent. NEW BUSINESS Discussion regarding 45 -day reporting period — The Board discussed the length of time they thought was necessary to complete their public report regarding a complaint. Generally the 45 -day reporting period is enough time unless they need to request additional information or conduct interviews, etc. The Board agreed that if they were to request the reporting period be changed to 90 -days it would make all the timelines consistent and they would make every effort to continue to be thorough but finish the report as soon as possible to turn around a quick response to the Complainant. Motion by Botchway, seconded by King to recommend changing the 45 -day reporting period from 45 -days to 90 -days. Motion carried, 3/0, Treloar and Porter absent. The Board also agreed to put on the next agenda for discussion, other additional recommendations. PUBLIC DISCUSSION None. BOARD INFORMATION King stated he may have problems with Tuesday meetings but would know more at a later date. STAFF INFORMATION Tuttle stated that if there were any updates to the Board member contact sheet to please let her know. EXECUTIVE SESSION Motion by King and seconded by Botchway 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, Treloar and Porter absent. PCRB October 9, 2012 Page 3 Open session adjourned at 5:58 P.M. REGULAR SESSION Returned to open session at 6:41 P.M. Motion by King, seconded by Botchway to set the level of review for PCRB Complaint #12 -03 to 8- 8- 7(13)(1)(a), on the record with no additional investigation. Motion carried, 310, Treloar and Porter absent. Motion by King, seconded by Botchway to set the level of review for PCRB Complaint #12 -04 to 8- 8- 7(13)(1)(a), on the record with no additional investigation. Motion carried, 3/0, Treloar and Porter absent. Motion by King, seconded by Botchway to forward the Public Report as presented for PCRB Complaint #12 -04 to City Council. Motion carried, 3/0, Treloar and Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 13, 2012, 5:30 PM, Helling Conference Rm (Moved to 11/20) • November 20, 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 Motion by King, seconded by Botchway to move the regular monthly meeting from November 13th to either Thursday, November 15', or Tuesday, November 20`" pending room availability. Motion carried, 3/0, Treloar and Porter absent. ADJOURNMENT Motion for adjournment by King, seconded by Botchway. Motion carried, 3/0, Treloar and Porter absent. Meeting adjourned at 6:47 P.M. B � \$cx f / %¢7 �'§§§ ¢�) , § � e 7 �\ � f\ m n 0 § \ 8 \ \ ) \ / ) ? X I x x x x x§ s � e 7 �\ � f\ m n 0 § \ 8 \ \ ) \ / ) ? X I POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 October 9, 2012 FJ c:7 c� _ t To: City Council CD 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 -04 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #12 -04 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the Police Chief's Report ( "Report ") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on June 18, 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 September 17, 2012. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (13)(1)(a), On the record with no additional investigation. The Board met to consider the Report on October 9, 2012. FINDINGS OF FACT On June 15, 2012 at approximately 20:28:00 hours, Officer A was patrolling in the area of Dolphin Lake Point Enclave, 2401 Hwy 6 East, when he observed that the tail light of the Complainant's vehicle was not functioning properly. The vehicle was stopped and the Complainant was asked to step to the rear of the vehicle to show that the rear light wasn't functioning. Officer A recognized the passenger from previous involvement with illegal drugs and noticed blunts in the passengers lap. Officer A asked the Complainant for permission to search the vehicle. The Complainant denied permission to search the vehicle. Based on the above information, a K -9 unit was called to the scene. The K -9 unit walked around the car and alerted the officer to the presence of drugs. After the dog alerted the officer, the officer searched the interior of the vehicle, noticed the odor of marijuana, and found residue in the center console. No significant amounts of marijuana were found. After the search was completed the Complainant and passenger were released with no charges. ALLEGATION #1 — Illegal Search Officer A had probable cause to stop the vehicle because of the tail light not operating properly. Based on Officer A's observations, the request for K -9 unit was appropriate. Search of the vehicle was legal based on the alert by K -9. Allegation 1: Illegal Search - Not sustained None. ra r_ °> DEPARTMENT MEMO #12 -41 TO: Chief Hargadine FROM: Captain Jim Steffen RE: May — June 2012 Use of Force Review DATE: October 4, 2012 The "Use of Force Review Committee" met on October 4, 2012. It was composed of Captain Steffen, Investigator D.J. Steva and Sgt. D. Brotherton. For the review of submitted reports in May, 20 Officers were involved in 14 separate incidents requiring use of force involving 13 individuals. In June, 13 Officers were involved in I Oseparate incidents requiring use of force involving 7 individuals,. All issues or concerns were identified and addressed at previous levels of review. Officers are reminded that the "Out with subject' is not to be used in the Type of Incident box. A specific reason is needed. When an officer fills out a report they should refrain from using the work "officers" in the narrative section. The narrative should only describe the force that the individual officer used. In three incidents officers used their sidearm to destroy an injured animal. Of the incidents reviewed over the two month period, a Taser was discharged on two occasions, and on five occasions a Taser was displayed which resulted in compliance without deployment. Of the 27 incidents reviewed, 2 suspects and 1 Officer sustained superficial injuries as a result of the use of force. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT May 2012 Ofc # Date Inc # Incident Force Used 2012- 47,41 5 -01 05364 Suspicious Officers used hands -on control techniques to Activity control a combative subject during arrest for narcotics. 40 5 -03 05469 Disorderly Officer used hands -on control techniques to Conduct prevent a resistive subject from fleeing. 14 5 -04 05507 Assault Officer used hands -on control techniques to stop a subject actively assaulting another. 61 5 -09 05709 Theft Officer pointed a taser a subject after the subject Investigation fled, attempted to hide, was evasive and would not comply with officer commands. 8,48 5 -10 05758 Traffic Officers used hands -on control and take -down Stop /OWI techniques and deployed a taser to control and arrest a combative and assaultive subject. 31,38 5 -12 05933 Welfare Check Officers used hands -on control and take -down techniques to control a combative subject for transport to the hospital. 62 5 -19 06190 Injured Animal Officer deployed a sidearm to destroy a sick opossum. 48,52 5 -22 06298 Intoxicated Officer used hands -on control techniques to Subject control a resistive subject during handcuffing and escort. 47,34 5 -23 06314 Trespass/ Officer used hands -on control and take -down Narcotics techniques and pointed a laser at a subject fighting to flee and prevent handcuffing. 19 5 -24 06377 911 Hang- Officers used hands -on control techniques to Up /Intoxicated control a physically resistive subject during pat - Subject down and handcuffing. 40 5 -25 06420 Assault Officer pointed a laser a subject who refused officer directives, postured, and threated to assault others. 65 5 -26 06434 Fight in Officer used hands -on control techniques to Progress control, detain, and handcuff a combative subject who had attempted to escape custody. 5 5 -26 06436 Fight in Officer pointed a laser at a physically aggressive Progress and threatening subject to gain compliance in handcuffing. 24,41 5 -27 06489 Juvenile Officers used hand - control and take -down Complaints techniques to handcuff an aggressive and combative juvenile. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT June 2012 Ofe # Date Inc # Incident Force Used 2012- 18 6 -03 06720 Injured Animal Officer deployed a sidearm to destroy a sick opossum. 92,62 6 -05 06748 Theft Officers used hands -on control techniques, chemical agent(OC), and deployed a taser to execute an arrest of an assaultive subject. 30 6 -12 07106 Intoxicated Officer used hands -on control techniques to Subject handcuff and escort a physically resistive subject. 10 6 -16 07228 Fight in Officer used hand - control techniques and Progress pointed a taser to take an aggressive and resistive subject into custody. 36 6 -18 07346 Injured Animal Officer deployed a sidearm to destroy and injured deer. 45 6 -22 07477 Narcotics Officers used hands -on control and take -down techniques to prevent a subject from swallowing narcotics and to place in handcuffs. 33 6 -25 07583 Burglary in Officer pointed a subject found during an active Progress burglary investigation. 48,29, 6 -26 07638 Alarm Officers displayed sidearms during building 8 search. 40 6 -27 07674 Suspicious Officer used hands -on control and take -down Activity techniques to stop a fleeing subject, who then physically resisted handcuffing. 2 6 -30 07755 Intoxicated Officers used hands -on control techniques and Subject take down techniques to execute an arrest on a physically resistive subject. November 20, 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) 11/20/12 PCRB Report due (45days): 10/22/12 60 -day Ext Request: 12/21/12 PCRB Complaint #12 -05 Filed: 08/31/12 Chief's Report due (90days): 11/30/12 Chief's Report filed: ? ?/ ? ?/12 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/12 PCRB Mtg #2 (Review) ? ?/ ? ?/12 PCRB Report due (45days): ? ?/ ? ?/12 December 11, 2012 January 8, 2013 February 12, 2013 March 12, 2013 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2012 Date Description 10 -18 -12 Individual had a complaint regarding Sheriff's office in a different county in Iowa. Updated 10109112 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 Donald King 2374 Kristian St Iowa City, IA 52240 (C) 319- 594 -7660 gohawkeyes54@yahoo.com Joseph Treloar, Chair 2501 Holiday Rd Coralville, IA 52241 (0) 625 -2153 Royceann Porter 136 Appanoose Ct Iowa City, IA 52240 (C) 319- 321 -2779 Melissa Jensen, Vice Chair 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 (W) 688 -8102 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 Kellie Tuttle From: City of Iowa City <webmaster @iowa - city.org> Sent: Monday, November 05, 2012 11:27 AM To: Kellie Tuttle Subject: 16th Annual Citizen's Police Academy Contact: Jorev Bellev Contact Phone: (319) 356 -5273 Logo [ view hi-res image I 16th Annual Citizen's Police Academy Issued by: Police Mailing List(s): Police & Fire Originally Posted 11/512012 11:26:54 AM Applications to attend the 16th Annual "Citizen's Police Academy" are now being accepted through 5:00 PM Friday, January 18th, 2013. Class size is limited so early registration is encouraged. Application forms are available at the Iowa City Police Department, Coralville Police Department, Johnson County Sheriffs Office, and the University of Iowa Police Department, during normal business hours. The "Citizen's Police Academy" (CPA) meets once a week for 11 weeks, beginning January 28th, 2013, from 6:30 PM to 9:30 PM. Each week covers a different topic and is meant to promote a better relationship between law enforcement and the community it serves. The CPA is sponsored jointly by the four area law enforcement agencies. Meetings will take place at the Johnson County Joint Emergency Communication Center (4529 Melrose Ave., Iowa City). Training includes department tours and ride - alongs, defensive tactics, evidence collection, drug investigation, and many other areas of enforcement and operations. Visit www.icqov.orq /police or contact the following officers for more information: Officer Jorey Bailey - Iowa City Police Dept. 356 -5273 Officer Ben Hayden - Coralville Police Dept. 248 -1800 Sgt. Brad Fisher - Johnson County Sheriffs Office 356 -6020 Officer Alton Poole - University of Iowa Police Department 335 -5043