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Home My WebLink About12-11-2012 Police Citizens Review BoardMEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: December 6, 2012 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on December 11, 2012 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 12/11/12 • Minutes of the meeting on 11/20/12 • Complaint Deadlines • Office Contacts — November 2012 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 December 11, 2012 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NOA CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 11/20/12 ITEM NO. 3 OLD BUSINESS • Additional Board Recommendations 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 • 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 • April 9, 2013, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT ZT POLICE CITIZENS REVIEW BOARD MINUTES — November 20, 2012 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:34 P.M. MEMBERS PRESENT: Melissa Jensen (5:44pm), Donald King, and Royceann Porter MEMBERS ABSENT: Kingsley Botchway STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Jim Steffen and Officer David Schwindt of the ICPD. RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #12 -03 CONSENT CALENDAR Motion by King and seconded by Porter to adopt the consent calendar as presented or amended. • 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 Motion carried, 3/0, Botchway and Jensen absent. NEW BUSINESS Additional Board Recommendations — The Board decided to table this item until the next meeting when all members could be present for discussion. OLD BUSINESS None. BOARD INFORMATION Treloar /Pugh gave a brief overview of their meeting with the Ad Hoc Diversity Committee on November 19t" and the following possible recommendations the Committee came up with after discussion: (1) Have someone explain the complaint procedure when people come in to get the form, which staff already does. (2) Have the City Manager be present during the investigation when the Chief meets with the officer. (3) Have PCRB member or staff be present with the complainant when they are interviewed by the Police Department. STAFF INFORMATION None. PUBLIC DISCUSSION None. PCRB November 20, 2012 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by King 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, Botchway and Jensen absent. Open session adjourned at 5:42 P.M. Returned to open session at 5:48 P.M. Motion by King, seconded by Porter to forward the Public Report as amended for PCRB Complaint #12 -03 to City Council. Motion carried, 4/0, Botchway absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 ADJOURNMENT Motion for adjournment by King, seconded by Porter. Motion carried, 4/0, Botchway absent. Meeting adjourned at 5:50 P.M. O 3 w W N H U W U O w U .. �~ A � N d H H d 1.. k p w��zz uuuun ! N x x x x o ! o x x o o X X X X X x a x x v X o x x x x X X x x x X X X x o X x x x ! , M a b h M D M M bb W G R G T H ti A n °F aP: x� ati d 1.. k p w��zz uuuun POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 November 20, 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 -03 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #12 -03 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -7B (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 8, 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 5, 2012. The Board voted to review the Chiefs Report in accordance with Section 8 -8 -7 (B)(1)(a), On the record with no additional investigation. The Board met to consider the Report on October 9, 2012 and November 20, 2012. FINDINGS OF FACT In May 2012, Officer A was assigned to investigate two reports of sexual abuse which involved parties from the same family. The Complainant's family resides in Iowa City and the other family resides in Cedar Rapids. The Complainant's family includes the complaintant, an 18 y.o. son, and a 7 y.o. daughter. The family in Cedar Rapids includes a mother, father, 16 y.o. son, and 9 y.o. son. The complaintant and the mother have a relationship which involves the children of both families spending time with each other. The first, initial investigation involved two allegations against the Complainant's son. The first allegation involved the 9 y.o. of the Cedar Rapids family. The second allegation involved the Complainant's 7 y.o. daughter. A second subsequent investigation involved an allegation against the 9 y.o. of the Cedar Rapids family and involved the Complainant's 7 y.o. daughter. During the investigations, it was recommended that the Complainant's family and the Cedar Rapids family not have contact with each other. The first allegation of the first complaint against the Complainant's son was investigated by the Iowa City Police Department, the other two allegations were investigated by the Department of Human Services. ALLEGATION #1 — Improper action jeopardizing the safety of his child Based on the provided witness statements and the investigative reports, there is no evidence to suggest there was any potential harm to the Complainant's children as a result of the Complainant's perception that Officer A did not return his phone calls in a prompt manner. Allegation 1: Improper action jeopardizing the safety of his child - Not sustained ALLEGATION #2 — Improper conduct There is no evidence to suggest improper conduct on the part of Officer A. Information indicates through the course of the investigation, the Complainant perceived some statements from Officer A as rude, although the records indicate these statements were sometimes when the Complainant was not given the information or response he wanted. There is nothing to indicate Officer A's conduct was improper during these discussions. There is no violation of the Iowa City Police department policies indicated. Allegation 2: Improper conduct - Not sustained ALLEGATION #3 — Improper demeanor of both officers Witness statements and investigative reports do not show the Complainant was treated improperly because of his disability. The Complainant perceived he was being spoken to as if a child and sufficient time was not taken to explain things to him, although officers did not make derogatory comments or negative comments. The Complainant did not provide, any additional information to show bias. There is no violation shown of Title II of the American'-With Disabilities Act. Allegation 3: Improper demeanor of both officers - Not sustained - —j COMMENTS None. December 11, 2012 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #12 -05 Filed: 08/31/12 Chief's Report due (90days): 11/30112 Chief's Report filed: 11/30/12 PCRB Mtg #1 (Review & Assign) 12/11/12 PCRB Mtg #2 (Review) ? ?/ ? ?/13 PCRB Report due (45days): 01/14/13 PCRB Complaint #12 -06 Filed: 11/26/12 Chief's Report due (90days): 02/25113 Chief's Report filed: ? ?/ ? ?/13 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/13 PCRB Mtg #2 (Review) ? ?/ ? ?/13 PCRB Report due (45days): ? ?/ ? ?/13 PCRB MEETING SCHEDULE January 8, 2013 February 12, 2013 March 12, 2013 April 9, 2013 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS November 2012 Date Description 11 -28 -12 Individual picked up complaint form.