HomeMy WebLinkAbout2012-12-04 Bd Comm minutesPage 1 of 13
Minutes
Human Rights Commission
October 16, 2012 — 6 P.M.
Helling Conference Room
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Members Present: Harry Olmstead, Connie Goeb, Orville Townsend Sr., Dan Tallon,
Jessie Harper, Kim Hanrahan, Howard Cowen.
Members Excused: Diane Finnerty, Shams Ghoneim.
Staff Present: Stefanie Bowers.
This represents only a reasonably accurate transcription of the Human Rights Commission
meeting of October 16, 2012.
Recommendations to Council: None.
Call to Order:
Chair Olmstead called the meeting to order at 18:00.
Consideration of the Minutes of the September 18, 2012 Meeting:
Townsend moved to approve minutes, seconded by Goeb.
Motion passed. 5 -0. (Cowen and Hanrahan not present)
Old Business:
a. Human Rights Breakfast
SB: The breakfast is coming up a week from Tuesday, October 30`x. I had said earlier this
morning that I wanted Commissioners there at 6:50, but if everybody can be there at 7:00
that should be okay. If you're walking in the door of the Sheraton at 7:00 a.m. that
should work. The breakfast will be downstairs. There are stairs and an elevator to get
down there, and it's in the Amos Dean Ballroom. That's actually a large ballroom, but
you'll be able to see where we are at and I'll be looking for you. The sub - committee of
Orville, Kim and Dan met this morning, and again I want to thank them for their time.
As you know the keynote speaker will be Chad Simmons, who is the Executive Director
of Diversity Focus. The honorees this year for the Linda Severson Award it will be
David Lesch, and for the Rick Graf Award it will be Joan Vanden Berg. The
International Award will go to Cliff Missen, and for the Kenneth Cmiel Award it will be
Robin E. Armstrong, and for the Isabel Turner Award it will be Tom Widmer. Then for
the Community Award it will be the University of Iowa Center for Human Rights. Just
to go over some housekeeping matters for the breakfast. I have Orville Townsend down
as doing the closing. So I would need somebody to do the introduction of keynote and
the welcome, which I would say is maybe about five to seven minutes. Then I would
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also need somebody to introduce or present the awards. We generally go on seniority
based upon length of time on the Commission, which would be Harry, Connie and
Howard who is not here.
CG: I'd be glad to do it. You said what the introduction of?
SB: The welcome to attendees and then of the keynote.
CG: Introduction of the keynote okay. Do you write that?
SB: Yes I can.
CG: I'd be glad to deliver it.
SB: Then the introduction of awards, Harry if you don't want to do that I can ask Howard to
do that. He's done it before so.
HO: I'd rather not.
SB: Okay I'll ask Howard and if Howard declines then look for emails from me. I'll write
that up. The main thing is for you and Connie and Orville, I'm not sure if you're going to
adlib or how you want to do it, which is fine. It's not a lot to say. As time goes on lots of
times there are very small changes, but nonetheless changes, and so you'll probably get at
least two additional copies from the first initial one. So always just discard the older one
and always go with the new one because lots of time there are just little changes that you
may not necessarily detect, but may be important to that particular award winner. In the
past sometimes for whatever reason people don't always notify me that maybe their last
name is not pronounced how it appears. So little things like that may get tweaked
towards the end. Just be mindful of that, and then some other things. Just to go over for
you two. I changed the arrival time for the Human Rights Breakfast, which is October
30th, a week from this Tuesday. We're used to having them on Thursday but this year it's
a Tuesday, so just remember that. If everybody could be walking in the door at 7:00 a.m.
I will need two Commissioners to volunteer to sit at the table and collect tickets and any
payments that somebody may be making on that particular day. Would you mind doing
the introductions of the award winners?
HC: That's fine.
SB: And as you're used to from the Youth Awards you know that the first thing I send you
will probably not be the final thing that I send you. So we have three Commissioners
who will be outside the ballroom collecting tickets. The other Commissioners are just
kind of expected to greet people, to be visible to attendees, and to introduce yourself as a
Human Rights Commissioner. As part of that please remember to wear your pins. If you
will not be at the breakfast please let me know. I'll send out my cellphone number for
emergencies should any occur. No tickets are sold on the day of the breakfast because I
have to give a count to the Sheraton prior to that. So it just gets too tricky, and we want
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to make sure that we do have seats for everybody who has already purchased one or at
least reserved on ahead of time. Sometimes you'll have particularly with the press, or
sometimes community members will want to see the awards breakfast, but don't want the
meal. If you have somebody approach you for that just let me know and I'll make those
arrangements. Usually what we do is just ask for chair from the staff at the Sheraton
and do it that way, and that way they're not actually taking a seat from a table that
somebody technically should be sitting at. For the three people who are at the table,
when somebody comes and says I need to pay for a ticket that I received. Make sure that
you mark down their name and how they paid. In the past sometimes what happens is I'll
end with just cash, and I need to know who gave me that cash, and who paid for their
tickets. If they give you a check and it's obvious from the check that they're the person
on the check, then that's fine, but as a rule of thumb it's probably best just to write down
everybody who gives you any form of payment so that I know.
KH: And you'll have the table prepared for us?
SB: Correct. There will be a lockbox and there will also be pen and paper to write down that
information, and an envelope to stick it in to put in the box.
KH: And we'll be taking tickets too, do we need to track the tickets?
SB: You don't need to track the tickets meaning that if I was given ticket two you don't need
to like look at a list and cross that out no. I mean generally we've never had a problem
with anybody trying to sneak in, but make sure that people are giving you tickets if
they're walking past you to go into the ballroom. If you should happen to get a coffee,
tea or something to eat prior to the breakfast starting, make sure that if you're at that table
that you put the leftover dishware they have trays to place those on and they're not left on
the table. It doesn't present very well when things are left on the table like that. The
keynote will have fifteen minutes, and everybody else just has five minutes. So I'm a
real stickler for that so that we can literally send people home at 8:30. Howard you will
be the gatekeeper of time because if the keynote goes sixteen minutes you need to be
right behind him so he understands that he needs to wrap it up. Also with the honorees if
it's like four and a half minutes it's probably not a bad idea to get up and go stand behind
them and that can kind of be a reminder without being obvious that they're getting close
to their time. That's only a problem sometimes so. Another thing is if you are somebody
who is speaking at the breakfast make sure like the Youth Awards that if you've moved
the microphone, that you leave it in a place that somebody else may find it more
comfortable than if you're short or tall. Sometimes in the past somebody who is tall will
bring the microphone up and then the next person comes and they don't move it down.
So they don't realize that the sound is not filtering as well as it could be if the
microphone was right in front of them. So whether you're speaking or you're going up
after somebody who spoke, make sure the microphone is adjusted for your proper height
level. If you have like a monologue or something that has been printed out make sure
that you either return those to me or that they get thrown away and they are not left at the
podium or on a table somewhere. This is just helpful for me. If something doesn't seem
right come and let me know. Don't wait till after the breakfast to let me know. If the
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food doesn't taste right, one time somebody said the French toast was hard as a brick.
nobody told me during the breakfast. So if you get hard bacon, sausage, French toast, if
the yogurt doesn't taste right, please let me know because that's not how we want the
breakfast. We want people to enjoy the food.
HO: Somebody should test the mic before we get started because last year we had a problem.
SB: Jerry had actually tested that mic a few times, and I think we even had a backup one, but
it was just not a good morning for microphones last year. So I'm going to remind them
of that fact and hopefully there's not a repeat of last year.
HO: That was one of the criticisms that came back on the survey as I recall.
SB: Yes. I don't think the sound was quite right and then it failed twice. If you're in the
buffet line, which is how the breakfast is served and you see that one of the items is
getting low please let me know because again we don't want people going to the buffet
and there's only one cinnamon roll left. Just learn from experience and let me know.
KH: Do the doors open at 7:00 too or what time do they open?
SB: The food will be ready at 7:00 and really it's not when the doors open, but are there
people that will arrive at 7:00. Usually it's a slow crowd so that its manageable if I'm the
only one there, but by 7:15, which is when people are told to arrive so that we can start
right at 7:30. There is kind of like a mad group of people who do arrive at 7:15.
KH: So those of us at the table should potentially get there a little early to grab our food?
SB: No actually when the breakfast starts at 7:30 the Commissioners sit just like an attendee.
So you would get your food just like you were just attending to watch it. In the past
sometimes people get a coffee or tea, and then they get up and leave to go and sit down at
the table to eat and things get left at the table. So that's what I was referencing. I think
that's it and I sent everybody...
HO: One more thing. We've got to stick around afterwards for pictures.
SB: That's right, pictures are very important.
JH: What about the dress code?
SB: I would say it's probably business attire. I think that's fair to say. It's certainly not
formal. Everybody should have a ticket in an envelope that was sent to you as part of the
packet. Again those tickets are complimentary to Commissioners. Please do stick
around for pictures because we have a banner which all the honorees sign, and then there
are group photos taken of the Commission with the honorees. Those are sent out as press
releases, and also included as part of the letterhead when we send thank you notes and
survey cards to attendees. So yes, don't run out at 8:30, but it shouldn't take more than
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five or ten minutes. I would say you would probably be out by 8:45. Howard since you
are kind of the MC, always kind of be looking for me and I'll be the only one standing. If
something is not right or wrong, then I'll be trying to look at you to get that fixed.
HO: When will the honorees be notified and how?
SB: They've been notified via email today. Three have responded and three have not yet.
Then next week a more formal email goes out. We used to do letters but with the email
it's easier to get all the information out, especially with not a long time between the
turnaround. They've been notified.
KH: Has the Commission been told who?
SB: Yes.
CG: Was there a pretty good amount of people or?
KH: There was a fair number I would say.
CG: So you did have choices.
IN: �M
b. World Human Rights Day Proclamation
SB: And this is really just on there again, and I know it's been on the agenda and in your
packet for the last several months. This is the closest thing we have to a final draft and I
believe the Commission was satisfied at the last meeting. It's just another opportunity to
look through it. You don't necessarily have to read it word for word this evening, but if
you happen to read it later on and you see something that is just considered like a typo or
something, please let me know and that can be corrected. The city council meets
December 0', so that would be the only meeting that would be prior to the December 10t`
date at which the proclamation may be read once I submit it. So I can submit it or I can
wait until after the November meeting date to submit it to the city council. I should say
to the mayor, or I could submit it sooner. So it's just kind of what the Commission wants
me to do on this. When it is submitted its placed upon more of a card stock and given
fancier presentation than what you see here in the packet. It doesn't get presented as you
see it now.
HO: So we need a motion to approve the proclamation as it stands or any corrections?
SB: I think it's more corrections. You approved it at the last meeting, so it's been approved.
If anybody saw anything with the content it wasn't too late at this point to get it changed
at the meeting and/or submit just typos, errors or grammatical changes.
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KH: Eight has, needs a closed parenthesis.
SB: Okay.
HO: Okay any other discussion? Moving right along, Immigration Subcommittee Kim?
Updates/Reports:
a. Immigration Subcommittee
KH: We actually did another tour. There were four or five of us.
SB: Seems like more than four.
KH: Actually it went really well. It's a lively tour and a lot of discussion. Similar suggestions
again one of my thoughts I was kind of taken that some of just the computer generated
signs. It hadn't been translated into even just Spanish. So Stefanie again took notes and
took pictures. The next step according to Stefanie is to put together a memorandum to
share with the Commission members, and we're hoping November or December to have
that done with recommendations. Is that how it would go?
SB: Yes.
KH: I think we're moving right along.
HO: And your next meeting is?
KH: We have not scheduled a next meeting, hopefully in November.
HO: Any questions, discussion?
SB: Just Kim follow up with me after October 30t'. I have notes that would probably be
helpful and I can assist with getting that.
HO: Okay Ad Hoc Diversity Committee, Orville.
b. Ad Hoc Diversity Committee
OT: We had a meeting Monday. We met with the transportation department, and it was a
very good meeting. We had asked questions and I thought the director Chris did an
excellent job of giving us written feedback to work from. Our transportation system in
Iowa City seems to be number one, we have an excellent transportation system. We
talked about the issues with the diversity issues with the bus riding for school kids. We
had a problem a while ago, and they have made some changes to the rules to deal with
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that. We're really hoping that in the future that, well let's put it this way. When we deal
with issues the city deals with issues or any system. The first thing they think about is
money. You know what is the cost going to be and usually the cost will either dictate or
greatly influence the outcome in terms of decisions. So you know just kind of pointed
out that in the future you know when we have issues that we're dealing with that we not
only put the costs up front, but we also consider diversity to see if there are issues with
diversity that need to be considered. For example if we had taken that approach a while
back then we wouldn't have had the issue that we had because we would have known that
we really didn't want to have a group of kids downtown right after they got out of school
and they were real hyper. But it just seems that that's a situation where nobody is wrong.
It's just that we're dealing with differences and it can create problems. So we need to
consider diversity in making our decisions right up there with costs. What it comes down
to is if it gets to be bad enough you're going to make the changes and spend the money
anyway. So you might as well just put it up front. That was one of the things that you
know I encouraged them to do. Another thing that came up for transportation is
transportation bus services on Sundays. I guess that comes up every two years, and
basically again you're talking about costs. This is not a diversity issue, but a citywide
issue. It basically becomes an economic issue because if you can't afford to have an
automobile you rely on other forms of transportation. That's why that keeps reoccurring,
and they are looking at that, but again you know that's a cost item and that's why they
probably haven't done it. They mentioned that they are going to send out surveys
concerning transportation services. I asked if they were going to deal with the Sunday
services to ask people if they would be willing to pay more in terms of a higher fare on
Sunday. The director responded that no, he hasn't done that, and they are just handling
that with a general question. Would you be willing to pay more for better quality
transportation. I had some concerns about that because surveys are kind of weird. I feel
that when you're trying to deal with specific issues you have to ask specific questions. I
personally feel that if you phrase the question that way concerning transportation on
Sunday. If I didn't have a car I'd still say no because we have excellent transportation.
So if I have excellent transportation why would I pay more. So I'm hoping that they will
rethink that and they will basically and specifically ask if we want something along the
lines if we were to initiate bus services on Sunday, would you be willing to pay a higher
cost for you to take it on that particular day. I think that way we would get a specific
group, and you know they will tell us. Their responses will let us know what we're
dealing with in terms of numbers. I thought it was a great meeting, and we are very
fortunate in my opinion in terms of the quality of transportation that we have in our city.
The buses are really modern and they're kept well, and basically the schedule is very
precise. I ride the bus once in a while and my stop I can count on it 25 after. You look
up and it will be coming around the corner. So I think we're in good shape with our
transportation. I think we really need to look at it in terms of diversity, though in the case
of things coming in the future, down the pass that maybe we'll handle differently or be a
little more proactive.
JH: So has the committee identified if they're going to have a working agenda? When I say
working agenda you mentioned that, talking about the transportation, but they were also
you know when they were gathering people where they were saying they were going to
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address issues of the homes, as far as like referrals for homes and other issues that were,
the people were complaining about. Will those things be coming on the agenda or for
right now are they just going to be going or working under transportation?
OT: No, what we did was our committee's charge was specifically to take a look at law
enforcement and transportation, and that's what we're doing. We met with law
enforcement first and then yesterday was our first meeting with transportation. Some of
the committee members had questions, so we're going to meet with them again. But
we're also going to have a public forum, and that's where we begin to get a little more
broader. After that public forum then we'll probably have a lot of other things that we as
a committee will need to look at, and then determine how we can address it and make
recommendations to the city council. Keep in mind that our two charges are basically
transportation and law enforcement, but I'm almost sure that when we have the public
forum that's going to become more general.
CG: Orville when they do the surveys from the transportation department, how do they
conduct the surveys just with people who ride the bus or do they send them out a sample?
OT: I don't know. I would imagine that they'll probably have information on the bus that
riders can take and fill out. They'll do something by email and probably you know I
would say maybe an article in the newspaper indicating that it's happening and giving
information as to how you can access the surveys. Nobody asked that, but next time I'll
try to remember to ask that question.
CG: I don't know how, what the transportation is right here in terms of whether it's very
routine. I mean whether the same people are taking the bus all the time, or whether it
changes off and on. It would seem to me that surveying the people who regularly ride the
bus would be the ones that would matter. You could ask me do I have an excellent bus
service and I take it once a year, and it probably wouldn't matter to me one way or the
other.
OT: I think basically that's going to be tricky because individuals that ride the bus on a daily
basis I'm sure that they're very pleased with the services. The only thing I can think that
they may be displeased with is you know the fare went from .75 to $1.00, which you
know still with what we're getting quality service and quality wise, that's okay. I guess
the only thing that I could see that would be a negative is lack of transportation on
Sunday, and that's something that basically, that's an economic thing. Everybody can't
have a car or you know even everybody can't have a job that fits within the timeframe
that the buses run. So you know that's going to be an ongoing thing, but I think if we
begin to address the Sunday thing and we stay at it, we might be able to do something
with that. I mean there are a lot of options. They can contract with the cab companies or
something like that if they're got enough people. I don't know what they'll end up doing,
but I think that they really get to the point that they want to consider addressing that and
making it happen. Then they can start looking at the options as to whether they'll do it
and not use a heavy bus since they probably could use a smaller bus that's more
economical. If you've got people, not a lot of people can you contract with the cab
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company. Those are things that you've got to do. Another thing that we talked about is
the silos. You've got all the various bus systems around. You've got Iowa City,
Coralville, and University, so basically are they working together, and if they do work
better together will that give me more maximum benefits and things like that. That's
something that they are also looking at.
KH: Which is really a good thing because most of our subsidized housing now is in North
Liberty, and there are only two buses at 6 a.m. and 6 p.m., and so folks are stuck in North
Liberty.
OT: It's like a lot of individuals basically the type of work that they can get they get off at
11:00 or they get off at weird times, and they work on Sundays and stuff. So it would be
nice in an ideal world, it would be nice to have transportation on Sunday, but reality wise
it's going to come down to whether or not its cost efficient. I think if you look at the
budget and stuff like that, and we're going to get a chance and the city manager is going
to give us some insights into the budget and the cost effectiveness of what's going on. I
think that's going to be interesting too, and that will help us to understand more why
we're not doing it, but also maybe about a little bit about some things we can do better to
address the situation.
KH: I know that would be their only...
OT: I thought the _ mentioned something you know. There are some they can do involving
the public, which hoops would you rather do. I mean right now we've got the ideal
situation. The bus goes from one place and you catch it and it takes you where you're
going. You could probably if you altered the route so that it went down and went around
instead of catching it in front of your house. You gotta walk three blocks over so that
they can expand it. Would you be willing to do that? A lot of things can be done, it's
just basically are we going to be able to get a system that's going to be workable.
KH: Some bigger cities have more than one hub, like we have our downtown hub and that's it.
OT: We're kind of spoiled here in Iowa City because I know in the larger cities I mean you
may have to walk four or five blocks. But other than that I thought it was a good
meeting.
HO: Okay any other discussion?
CG: I just was wondering are there more with the police than two or are you finished with the
police, just the public forum?
OT: We've had two meetings with law enforcement now, and this was our first meeting with
transportation.
CG: But so no more with police individually or as ...?
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OT: We can if we need to, but we're on a timeframe. So right now we're just trying to you
know get it together so we touch all the bases. So if we need to come back and then
communicate with someone I'm sure we'll have that option.
CG: Is that going to be a public forum with the police or it is just transportation?
OT: No, the public forum is basically just the police, two meetings with law enforcement,
which we've done. Now the committee has had the first meeting, and we'll have a
second meeting with transportation. The next phase will be an open forum, and basically
that's ...
CG: With both subjects?
OT: That will just be open to the public and whatever they want to talk about, but basically
we'll probably be addressing those two areas. We'll be addressing those two areas, but a
lot of other stuff.
HO: Do you know when the public forum is going to be?
OT: I was trying to look at that. It's on Thursday November 8b I think it is, but don't put that
in ink because I had some other dates.
HO: Your Ad Hoc Committee goes till what January?
OT: It's April I think. We have a good committee, it's a good mix.
KH: Do you know where the forum will be held?
OT: The public library.
KH: Will it be taped by public television?
OT: I don't know, probably so.
SB: The only problem with taping it is sometimes I don't think you get full disclosure
because people know they're on television. So they may not be as willing, but it's a
public meeting so it is what it is.
HO: Any further discussion? Next is Building Communities.
c. Building Communities
OT: We had a meeting scheduled and there were not enough responses. We're got a meeting
coming up here next week, and hopefully we'll get a lot of people to show up so we can
deal with it. Every time we meet we come up with a new direction. I think basically I
got a good group, just got to get the right timing for everybody so that we can start
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working. Hopefully the next one I'll have something that is more concrete for you, but
right now we're just hoping that we can get enough people to attend the next meeting.
HO: Any questions, discussion?
d. University of Iowa Center for Human Rights
SB: I put that on the agenda because I put a copy of the letter that was sent and to date I
haven't received any correspondence back. I believe there is a meeting in November.
There is a board meeting in November, and other than being recognized for the
community award at the breakfast I think that's really all I would have to put under that.
e. Commission
HO: Kim do you have anything?
KH:
I do not.
HO:
Dan?
DT:
No.
HO:
Jessie?
JH:
No.
HO:
Orville?
OT:
No.
HO:
Howard?
HC:
No.
f. Staff
SB: I just have a few things. One thing I didn't mention is make sure when you're at the
breakfast if you happen to be sitting with a Commissioner that there's not five of you at a
table. Just be mindful. So if there's a fifth person just politely ask them to go sit at
another table. Each of you will be introduced so it's up to, so she will be introducing all
the Commissioners. The status of complaints should be in the back of the packet. We've
received two more since the date that's filed, so now we're up to seven so things are
picking back up after an opportunity to catch up on some. There are three vacancies on
the Human Rights Commission. Those applications are due November 7th by 5 p.m. in
the City Clerk's office. The next meeting for the Commission is November 20th, which is
the Tuesday before Thanksgiving. I'll certainly be around. It's not a problem on staff
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side, but I do know sometimes for the holidays if Thanksgiving is something that you
celebrate sometimes people are not always around. So just trying to get an idea of
whether or not we would have a quorum on that particular day just because it is that week
of Thanksgiving. If you think you're not going to be in town if you could send me a
note. Then just to add to Kim's comment about taping the program. I do think that's
beneficial for those who can't attend, and if it is being taped maybe one way that I think
the Commission has done in the past that was helpful, not only just controlling the time
allocated to each speaker who would want to speak. I imagine you could have people
lined up around the corner for the hearing, is that to have notecards and then to just have
somebody read. I realize there are complications with that and that's not always ideal,
but that way if you have notecards where people can write out generally speaking what
their frustration is or what they see as a problem, sometimes that's a great way for people
to be more forthcoming than they would be standing in front of a microphone with the
cameras looking at them. That gets complicated too because I'm not necessarily
somebody which you all probably know, who can write everything down on a notecard
either, but it is an option. It may be an option for those who don't want to appear on
camera, so kind of an either or. Other than that I don't think I have anything else.
OT: I just have a correction. I just found it. The public meeting is Thursday November 15th
six to eight p.m. at the public library.
SB: Will there be flyers too?
OT: Yes. I'm kind of excited that we really need to choose to get the information out so that
the groups in the community let people know so that they can get it on their calendar and
get prepared.
7. Next Regular Meeting — November 20th at 18:00.
Adjournment:
Motion to adjourn at 18:41
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Human Rights Commission
ATTENDANCE RECORD
2012
(Meeting Date)
KEY:
X = Present O = Absent
O/E = Absent/Excused
NM = No meeting /No Quorum
R = Resigned - = Not a Member
TERM
10/1
1112
12/1
NAME
EXP.
1/17
2/21
3/20
4/17
5/15
6/19
7/17
8/21
9/18
6
0
8
Dr. Howard
1/1/13
X
X
O/E
X
O/E
X
O/E
X
O/E
X
Cowen
Constance
1/1/13
X
O/E
X
X
O/E
O/E
X
X
X
X
Goeb
Harry
1/1/13
X
X
X
X
X
X
X
X
X
X
Olmstead
(8 -1 -2010)
David B.
1/1/14
X
O/E
O/E
O/E
R
R
R
R
R
R
R
R
Brown
Diane
1/1/14
O/E
X
X
X
X
X
O/E
X
O/E
O/E
Finnerty
Orville
1/1/14
X
X
X
X
X
X
X
X
X
X
Townsend,
Sr.
Henri Harper
1/1/15
O/E
X
O/E
R
R
R
R
R
R
R
R
R
Kim
1/1/15
X
X
X
X
X
X
X
O/E
X
X
Hanrahan
Shams
1/1/15
O/E
X
X
X
X
X
X
X
X
O/E
Ghoneim
Jessie
1/1/15
-
-
-
-
-
O/E
X
X
O/E
X
Harper
(Appointed
6-5-12)
Dan Tallon
1/1/14
-
-
-
-
-
-
-
X
X
X
(Appointed
7- 31 -12)
KEY:
X = Present O = Absent
O/E = Absent/Excused
NM = No meeting /No Quorum
R = Resigned - = Not a Member
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
FINAL /APPROVED
POLICE CITIZENS REVIEW BOARD
MINUTES — October 9, 2012
Chair Donald King called the meeting to order at 5:33 P.M.
Melissa Jensen, Kingsley Botchway
Royceann Porter, Joseph Treloar
Staff Catherine Pugh and Kellie Tuttle
None
None
4a(2)
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, 3/0, 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.
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, 3/0, 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(B)(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 15t , or Tuesday, November
20th 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.
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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
L.f
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To: City Council
CZ)
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 -76 (2), the Board's job is to review the
Police Chiefs 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 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
COMMENTS
None.
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