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HomeMy WebLinkAbout05-05-2014 Citizens Police Review BoardMEMORANDUM CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City DATE: April 30, 2014 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on May 5, 2014 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 05105/14 • Minutes of the meeting on 04/21/2014 • ICPD Memorandum #14 -05 (1" Quarter 2014 Use of Force Review) • ICPD Use of Force Report — January 2014 ICPD Use of Force Report — February 2014 ICPD Use of Force Report — March 2014 ICPD Memorandum (Quarterly Summary Report IAIR /CPRB, 1" Quarter 2014) Email from Joseph Jason — Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors • Email from Scott Dean — Civilian Oversight Meet -Up • Center for Worker Justice — Know Your Rights Workshops 2014 Memorandum from Legal Counsel — Suggestions for public reports • Request to City Council for Extension regarding CPRB Complaint #13 -07 Office Contacts —April 2014 • Complaint Deadlines • Board Member contact list 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 F-TeTW CITIZENS POLICE REVIEW BOARD May 5, 2014 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 04/21/14 • ICPD Memorandum #14 -05 (1st Quarter 2014 Use of Force Review) • ICPD Use of Force Report — January 2014 • ICPD Use of Force Report — February 2014 • ICPD Use of Force Report — March 2014 • ICPD Memorandum (Quarterly Summary Report [AIR /CPRB, 1st Quarter 2014) • Email from Joseph Jason — Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors • Email from Scott Dean — Civilian Oversight Meet -Up • Center for Worker Justice — Know Your Rights Workshops 2014 ITEM NO. 3 OLD BUSINESS • Community Forum • Video ITEM NO. 4 NEW BUSINESS • Public Report Format ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 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. 9 MEETING SCHEDULE and FUTURE AGENDAS • May 13, 2014, 6:00 PM, IC Public Library, Room A - Annual Community Forum • June 10, 2014, 5:30 PM, Helling Conference Rm • July 8, 2014, 5:30 PM, Helling Conference Rm • August 12, 2014, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT • T 1 - CITIZENS POLICE REVIEW BOARD MINUTES — April 21, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Donald King, Mazahir Salih (5:37 PM) MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Captain Doug Hart of the ICPD; Marian Karr, City Clerk and Jerry Nixon, Cable TV Gov. Programmer RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #13 -05 (2) Request a 45 -day extension for CPRB Complaint #13 -07 CONSENT CALENDAR Motion by King, seconded by Jensen, to adopt the consent calendar as presented or amended. o Minutes of the meeting on 03/11/14 Motion carried, 3/0, Porter and Salih absent. OLD BUSINESS Community Forum — The forum is set for Tuesday, May 13th. Treloar and Jensen will work together to work on an introduction piece for the forum. Tuttle handed out an email received for the forum. The Board agreed to forward the email to the Police Department for a response and acknowledge receipt and read the email and the response at the forum. Video — Karr stressed the importance of Board members participating and scheduling a time for their interview for the video. Nixon said he was willing to work with Board members to find a time that will work for them. He also offered to be available before and after their next meeting. NEW BUSINESS None. (Karr and Nixon left the meeting) PUBLIC DISCUSSION Hart introduced himself to the Board as Captain Wyss's replacement due to his retirement. April 21, 2014 Page 2 BOARD INFORMATION Salih reported that many members of the Sudanese community have contacted her regarding the process of a pending taxi investigation. Many members of the community were confused of what their rights are and the proceedures of the Police Department. Hart suggested holding a community meeting where they can educate and give them the opportunity to ask questions. He said to contact the new Public Relations Officer AI Mebus to set up a meeting. King announced that this was his last meeting and that he was resigning from the Board. Staff requested that he send an email to include in the Council packet. Treloar extended his thanks for his service to the Board and the Community. STAFF INFORMATION Tuttle asked the Board to look over the contact sheet and let her know if there are any corrections needed. EXECUTIVE SESSION Motion by King, 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, Porter absent. Open session adjourned at 6:10 P.M. REGULAR SESSION Returned to open session at 7:49 P.M. Motion by Jensen, seconded by King to forward the Public Report as amended for CPRB Complaint #13 -05 to City Council. Motion carried, 4/0, Porter absent. Motion by Jensen, seconded by King to request a 45 -day extension for CPRB Complaint #13 -07, due to a second request for additional information from the Iowa City Police Department; and direct staff to request the information for review at their next meeting. Motion carried, 4/0, Porter absent CPRB April 21, 2014 Page 3 Motion by Jensen, seconded by Salih to set the level of review for CPRB Complaint #14 -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; and direct staff to request additional information from the Iowa City Police Department regarding CPRB Complaint #14 -01. Motion carried, 4/0, Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • May 5, 2014, 5:30 PM, TBD • May 13, 2014, 6:00 PM, IC Public Library, Room A - Annual Community Forum • June 10, 2014, 5:30 PM, Helling Conference Rm • July 8, 2014, 5:30 PM, Helling Conference Rm Moved by Jensen, seconded by Salih to schedule a Monday, May 5t" meeting at 5:30 PM. Motion carried, 4/0, Porter absent. ADJOURNMENT Motion for adjournment by King, seconded by Salih. Motion carried, 4/0, Porter absent. Meeting adjourned at 7:56 P.M. � � y a o C IQ 0 w N � o w A B y �, tv b zoo C�rJ m o oa � �• say y ro d'aa m o y a i � o tP1 as X k k k k x X X k k N W x o x x k k x x k N x! o X X x J x! x x X x O k X O k w+ N 0 x o k o x x o X x k N IQ 0 w N � o w A B y �, tv b zoo C�rJ m o oa CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 April 21, 2014 Re: Investigation of CPRB Complaint #13 -05 This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation of Complaint CPRB #13 -05 (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 October 22, 2013. 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 January 21, 2014. The Board voted to review the Chiefs Report in accordance with 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 January 28, 2014, February 11, 2014, March 11, 2014, and April 21, 2014. Fy E2 To: City Council 3'ti 1 Complainant N -- t,r� City Manager ic' r° f Sam Hargadine, Chief of Police r_ Officer(s) involved in complaint 0) From: Citizen Police Review Board Re: Investigation of CPRB Complaint #13 -05 This is the Report of the Citizens Police Review Board's (the "Board ") review of the investigation of Complaint CPRB #13 -05 (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 October 22, 2013. 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 January 21, 2014. The Board voted to review the Chiefs Report in accordance with 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 January 28, 2014, February 11, 2014, March 11, 2014, and April 21, 2014. FINDINGS OF FACT On August 31, 2013 at approximately 1843 hours, the Complainant called 9 -1 -1 about his camera being stolen while he was at the Airliner. At 1846, an officer was dispatched and arrived about four minutes later but could not locate the Complainant. At approximately 1931 hours the Complainant again called 9 -1 -1 where he becomes abusive and curses the dispatcher. During the call he is told the officer was there but could not locate him. The Complainant tells the dispatcher that he is across the street at the bus stop and will wait for the officer. At 1938 hours the Complainant again calls the 9 -1 -1 dispatcher for the third time. He is again abusive and swearing and hangs up on the dispatcher. Less than a minute later he calls again for the fourth time, more irate and swearing. The Complainant claims he has been waiting for two hours for an officer to show up. Officers arrive two minutes later. When asked what had happened, the Complainant says the "And the person in dispatch got all stupid and shit on me." While talking with the Complainant the officers noticed signs of intoxication so they asked if he had been drinking. He admitted that he had something to drink but declines to take a breath test on three different occasions. After the Complainant refused a breath test he was arrested for public intoxication. The Complainant is walked to the officer's vehicle and told to put his bag on the trunk of the car. During the arrest the Complainant turns to his right and both officers began to make comments or give instructions indicating that the Complainant did something unexpected. The Complainant later explained that he turned because one of the officers had grabbed his bag from behind unexpectedly and he reacted. Both officers thought the bag was already on the vehicle. Officer A thought the Complainant was turning around to continue to debate his arrest and the officer did not think the Complainant was being resistive or non - compliant. Both officers said that the complainant was "moved" back toward the car and finished handcuffing him. After he was handcuffed, he was placed in the back of the patrol car without incident. The complainant was offered a post- arrest breath test which was refused. There was no mention from the complainant that he wanted an alternate test. Officer A attempted to gather information about the missing camera. The camera bag was searched and placed in the back of Officer B's vehicle and taken to the Wilson Building to await the Complainant's release from jail. Neither officer recalls seeing an Pad or a point and shoot digital camera in the complainant's bag. ALLEGATION 1: Complainant alleges that Officers violated his rights by not reading him a Miranda warnfid after he was arrested. Once the Complainant was in custody he was only asked about his missingp, c6mgm an his address. The questions did not deal with the charges against him which wour�Piave tngge d�a Miranda warning. r �? r g NOT SUSTAINED " tV ALLEGATION 2: Complainant alleges that officers used excessive force Investigation shows that while the Complainant was being handcuffed he turned toward one of the officers, regardless of the reason for his action, there is no evidence that the officers used excessive force and if they used force it appears to be minimal. NOT SUSTAINED ALLEGATION 3: Complainant complained that the officers threw his bag into the patrol car. Video from the patrol vehicle shows that the officer set the Complainant's bag in the back seat of the car. He does not throw the bag in the car and can clearly be seen setting the bag in his patrol car. NOT SUSTAINED COMMENTS: None. aS2 o °ti N CAP:' -Tj fri DEPARTMENT MEMO #14 -05 TO: Chief Hargadine FROM: Captain Doulas S. Hart RE: 1st Quarter 2014 Use of Force Review DATE: April 22, 2014 0 Y C-) _<r m o:;o N O .L N N 3 .w~ r 0 The "Use of Force Review Committee" met on April 22, 2014. It was composed of Captain Steffen, Sgt. Lalla and Captain Hart. C 1�1 For the review of submitted reports in January, 40 Officers were involved in 23 separate incidents requiring use of force. In February, 29 Officers were involved in 18 separate incidents requiring use of force. 42 Officers were involved in 21 separate incidents requiring use of force in March. All issues or concerns were identified and addressed at previous levels of review. Officers are reminded of the following: results of use of force section should be completed in every case that a report is submitted, Officers and Supervisors need to complete the date and time their UOF narratives are completed, injuries for Officers and suspects must be documented in a UOF report including a description of the injury and that the injury was photographed, Officers and Supervisors need to complete the electronic signature box, Officers should only document their own use of force, Officers should only fill in the firearm discharge section if a firearm was discharged and not displayed, the weapons used section should only include weapons that a suspect used on an Officer, and Officers should not cut and paste from their incident report to complete the UOF form. Of the incidents reviewed over the three month period, a Taser was discharged on two occasions, and on five occasions a Taser was displayed which resulted in compliance without deployment. There were no SRT call outs where officers displayed assigned weapons towards multiple people. In ten other incidents officers responded to calls where their firearm was displayed. In seven incidents officers fired their sidearm to destroy injured animals. Of the 74 incidents reviewed, 6 suspects and 5 Officers sustained superficial injuries as a result of the use of force. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Committee IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2014 Ofc # N 0 Inc # i- For%apsec6 �� C11 N Ofc # Date Inc # Incident For%apsec6 �� 10,55 01/01 2014000005 Fight Officers used hand- oricdntrol and take -down techniques to take the'fight, ulooperative subject into custody. 35,20, 01/01 2014000009 Suspicious Two officers used hands on control & take down 57 Vehicle techniques to take 2 different fighting, resistive subjects into custody. The third officer displayed his activated taser to keep several aggressive, agitated subjects back from the 1't 2 officers. 23,64, 01/02 2014000055 Fight Officers used hands on control techniques & 1 42 officer discharged OC spray to take the fighting, assaultive subject into custody. 37 01/04 2014000119 Injured Animal Officer discharged his sidearm to put down an injured deer. 92 01105 2014000131 Assist Other Officer deployed Stop Sticks in an attempt to Agency slow down a vehicle being pursued through Iowa City by the JCSO. 52,67 01/06 2014000141 Welfare Check Officers used hands -on control techniques to take the resistive subject into custody after they found her passed out in her running vehicle. 48,22, 01/11 2014000306 Assist Other 1 officer displayed his side arm and 2 officers 52 Agency (Armed displayed their patrol rifles when confronting an subject) armed subject who had discharged rounds from a firearm. Assist JCSO 18,52 01/12 2014000336 Fight Officers used hands -on control techniques to put the assaultive subject into the squad car after his arrest. 66,65 01114 2014000432 Traffic Stop Officers used hands -on control and take -down techniques to take the uncooperative, resisting subject into custody. 32 01115 2014000464 Fight Officer used hands -on control and take down techniques to take the resisting subject into custody. 24,02 01/16 2014000470 Domestic Officers displayed their side arms after having Dispute to force entry into a residence where they could hear a domestic dispute taking lace. 32 01116 2014000490 Juvenile Officer used hand cuffs when taking a violent Warrant Arrest juvenile into custody for transport to detention. 24 01/17 2014000544 Noise Officer used hands on control and take down Complaint techniques to take the fleeing subject into custody. 26 01/18 2014000556 Trespass Officer used hands -on control techniques to take the resisting, uncooperative subject into 0 custody. 32,11 01/18 2014000584 Traffic Stop Officers used hand -on and take -down control techniques to remove the resistive driver from his vehicle and take him into custody 66,64 01/19 2014000615 Warrant Service Officers used hands on control techniques to take the resisting, uncooperative subject into custody. 42 01/20 2014000656 Injured Animal Officer discharged his sidearm to put down a sick raccoon. 37,32 01/20 2014000674 Mental Impairment Officers used hand -on control & take down techniques, & 1 officer displayed his taser, to take the suicidal, assaultive subject into custody for transport to the hospital. 11,51 01/23 2014000801 Trespass Officers used hands -on control and take down techniques to take the resisting, assaultive subject into custody. 30 01/26 2014000927 Injured Animal Officer discharged his side -arm to put down an injured deer. 02,24 01/27 2014000990 Welfare Check Officers used hands -on control, active counter measures & take -down techniques to take the assaultive subject into custody. 31 01/28 2014001002 Warrant Service Officer displayed his sidearm when confronting a wanted subject who was hiding from officers in a closet. 10,24 01 /29 2014001065 Fight Officers used hands on control techniques to take the resisting subject into custody. 0 �n N a IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT February 2014 Ofc # N d Z5 C') 5,- r p' Foreeset ®. 02/01 2014001179 Fight Officer used hands -orild taG down control Ofc # Date Inc # Incident Foreeset 55 02/01 2014001179 Fight Officer used hands -orild taG down control techniques to take the assaultive, resisting subject into custody. 37 02103 2014001276 OWI Officer used hands -on control techniques to control the subject who became assaultive after being cuffed. 8,7,5, 02/04 2014001282 Search Warrant While making entry to execute a search warrant 45,87 4 officer displayed their side -arms and 1 officer displayed a shotgun. 32 02/07 201401420 Domestic Officer used hands on control techniques to Dispute take the assaultive subject into custody after observing the subject punch a woman in the face. 64,32 02/07 201401434 Intoxicated Officers used hands on control and takedown Subject techniques to take the fighting subject into custody. 22 02107 2014001437 Fight Officer used hands -on control techniques to disengage the assaultive subject from another person he was fighting with and take him into custody. 66 02/08 2014001445 Intoxicated Officer used hands on control techniques to Subject take the subject, who was fleeing from other officers, into custody. 22 02/08 2014001448 Intoxicated Officer used hands on control techniques to subject take the agitated, assaultive subject into custody to be transported to the hospital. 68 02/09 201401502 Sexual Assault Officer displayed his side -arm when approaching a suspect (known to be armed & dangerous) who was in a taxi cab. 66,65 02/11 2014001583 Fight Officers used hands -on control and take -down control techniques to take the subject into custody after he assaulted one of the officers. 15,67 02/11 2014001591 Suspicious Officers used hands on control techniques to 65 Person /OWI remove the uncooperative, resisting subject from the driver's seat of the vehicle when he refused to do so on his own. 30 02/14 2014001676 Bar Check Officers used hands on control and take down techniques to take the fleeing subject into custody. 68,52, 18 02/15 2014001739 Domestic /Burg in Progress 1 Officer displayed side arm upon initial entry to residence where violent subject had forced entry, then transitioned to taser display; Officers used hands on control & take down techniques attempting to take assaultive subject into custody; One officer discharged his taser when hands on techniques were unsuccessful. 67 02/16 2014001769 Fight Officer displayed his activated taser when he came upon two subjects actively fighting in the ed Mall. 2 02/20 2014001959 Fight Officer used hands on control techniques to take the fleeing subject into custody. 60,16 02/22 2014002027 Fight Officers used hands -on control techniques and active counter measures to take the assaultive subject into custody. 10 02/23 2014002060 Traffic Stop Officer used hands -on control and take down techniques to take the fleeing subject into custody. 68 02/28 2014002244 Traffic Stop Officer used hands -on control techniques to take the resistive subject into custody. 0 CD r m C7 N �r N O IOWA CITY POLICE DEPARTMENT v USE OF FORCE REPORT N 4r- March 2014 :'fir ro rn F Ofc # Date Inc # Incident Forr'sed- 46.90 03/02 2014002347 Intoxicated Officers used hands -on contra techniques to Pedestrian take the uncooperative subject into custody. Officer used hands -on control techniques to 10 03/02 2014002348 Fight take the fighting, uncooperative subject into custody. Officer used hands -on control techniques to 66 03/02 2014002350 Fight take the fighting, uncooperative subject into custody. 64 03/04 2014002447 Injured Animal Officer discharged his side -arm to put down an inured deer. 8,7,45, 03106 2014002460 Search Warrant Officers all displayed their side -arms when 22,51, making entry to execute a search warrant. One 61,18 officer used hands -on & take -down control techniques to take one uncooperative, resisting subject into custody. 37 03106 2014002521 Injured Animal Officer discharged his side -arm to put down an inured deer. 35 03/07 2014002564 Injured Animal Officer discharged his side -arm to put down an injured deer. 40 03/07 2014002578 Fight Officer used hands -on techniques to control the angry, aggressive subject who calmed down and was not taken into custody. 59,55, 03107 2014002582 Shots Fired 6 officers displayed side -arms, 4 officers 40,46, displayed patrol rifles & 1 officer displayed his 15,67, shotgun when responding to a shots -fired call 52,29, (where 1 person was seriously injured) & 48,10, officers encountered a large crowd and chaotic 24 situation. 66 03/08 2014002624 Bar Check Officers used hand -on & take -down control techniques to take the fleeing subject into custody. Officers used hands -on control and take -down 18,24, 03/12 2014002783 Prowler techniques, & 1 officer discharged OC spray to 48 gain compliance & take the resistive subject into custody. 24 03/13 2014003235 Armed Subject Officer responded to a report of an armed subject and drew his side - arm(did not point it at anyone) when he encountered the subject holding a gun. 24 03/14 2014002853 Out With Officer used hands -on control and Take -down Subject techniques to take the assaultive subject into custody. 42 03/16 2014002916 Injured Animal Officer discharged his sidearm to put down an inured deer 24 03/25 2014003204 Fight Officer discharged his taser when he encountered the assaultive individual who refused numerous verbal commands to stop punchinq another subject. 62 03125 2014003232 Warrant Arrest Officer displayed his side -arm when he encountered the wanted subject hiding under a pile of clothes in a closet. 20,44 03/28 - 0014003332 Bar Check Officers used hands -on control and take down techniques to take the uncooperative, resisting subject into custody. 2 03/29 2014003340 Fight Officer used hands -on and take -down control techniques to take the assaultive subject into custody. 68 03/29 2014003342 Fight Officer used hands -on &take -down control techniques to take the resistive subject into custody after he attempted to flee. 62,63 03/29 2014003347 Public Urination Suspect already in custody began to resist officers and tried to flee. Officers used hands -on control techniques to maintain custody of the subject. 68 3/31 2014003427 Domestic Disturbance Officer displayed his side arm as he forced entry into a residence where a domestic dispute was reported & the call to 911 went dead suddenly. N 1 m _g --lam N CJ �. Memorandum TO: File FROM: Captain Jim Steffen, Administrative Services RE: Quarterly Summary Report IAIR/CPRB, 1 st Quarter 2014 DATE: April 23, 2014 Attached you will find the IAIR /CPRB 2014 first quarter summary report for the Iowa City Police Department Internal Affairs /Citizen's Police Review Board investigative file. There were five investigations initiated in the first quarter of 2014. Of these, four originated internally and one externally. The attached summary reflects the first quarter investigations in 2014. cc: CPRB Chief Hargadine Sgt. 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Jason'; Kellie Tuttle; Council; Jamie Mondics; Jean Basinger; Polly Tommey; Tony Lays; Bruce [DOC] Sieleni; bconstable @dailyherald.com; Ron Honberg Subject: RE: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors Dear Mr. Jason, Thank you for your correspondence. I will forward this to the City Council and to the Citizens Police Review Board. If you would like to formally file a complaint with the Police Department and /or the Board please contact me. Marian K. Karr, MMC City Clerk From: Joseph M. Jason [mailto:jmj2400 @yahoo.com] Sent: Monday, April 21, 2014 1:25 PM To: Kellie Tuttle; Council; Jamie Mondics; Jean Basinger; Polly Tommey; Tony Leys; Bruce [DOC] Sieleni; bconstable @dailyherald.com; Ron Honberg Subject: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors The following is testimony from Joseph M. Jason - President of National Alliance on Mental Illness -BA regarding inappropriate handling of people with Asperger Syndrome by the Iowa City Police Department and Johnson County Prosecutor's Office Re: Daniel S. Jason To: Kellie Tuttle From:Joseph M. Jason - President - National Alliance on Mental Illness -BA Email sent 04/05/2014 Mr. Hargadine: I also wanted to share my criticism of your police department with you. I just wanted to give you information on the Criminalization of Asperger Syndrome in Iowa City. I watched the trial of my son. Your police department is also a large part of the problem in the Criminalization of Asperger Syndrome. They have been part of implementing cruel and unusual punishment on the autistic community. I have done radio interviews and been interviewed for new articles. Your police officers do not understand mental illness and Asperger Syndrome nor do they want to. I thought it was very interesting that Detective Hartman ignored me when I met with him. He was just typing and doing his work. Also he did not bother to watch Dr. Mills testify regarding Daniel's actions. He only listened to Dr. Gunter who did not have the cooperation of Daniel. This has been a shameful episode in Iowa City. My son could get 55 years for non - violent crimes. He never went to Iowa and never harmed anybody. Detective Hartman's deposition was filled with numerous factual inaccuracies. He looked all over for the whereabouts for Daniel. He contacted shelters and motels. He did everything, but call my house where Daniel was living. Joseph M. Jason, President NAMI BA (847)537 -3009 Board Member of Criminal Justice Advocacy for People with Mental Illness Board Member CURE Illinois 583 Cobblestone Lane Buffalo Grove, Illinois 60089 The following is testimony presented to Washington. 04/04/2014 To:Ms. Lina Perez Office of Autism Research Coordination National Institutes of Mental Health, NIH 6001 Executive Boulevard, NSC Room 6182A Rockville, MD 20852 Phone: 301 -443 -6040 E -mail: IACCpublicinguiriesAmail .nih.gov To: kellie- tuttleAiowa- citv.org From: Joseph M. Jason - President of National Alliance on Mental Illness - Barrington Area and CURE Illinois Board Director My son with Asperger Syndrome has undergone cruel and unusual punishment in the State of Iowa by the state and federal government since March of 2007. He has been incarcerated with the exception of four months in jails and prisons for non - violent crimes. Please read the following information from my petition that follows. I have done a radio interview and had articles written in the paper about the grave injustice happening to my son due to his Asperger Syndrome. The crucifixion of Daniel S. Jason in Iowa City, Iowa Posted onSeptember 28, 2013 by iosephmiason Overzealous Prosecutors in Johnson County take care of the mentally ill problem by Joseph M. Jason- President NAMI BA Iowa prosecutes are intending to convict my son and send him to prison again for perhaps 55 years for non- violent crimes. The trial was going to commence October 22, 2013, but there had been a continuance. The trial took place on February 25, 2014 and lasted three days. The actions of the prosecution in Iowa City are indicative of the criminalization of Asperger Syndrome. My son was tried at this date for extortion and stalking. My son sent various entails and made two phone calls. These charges are a travesty. My wife and I met with the prosecutor in December of 2012 and explained Asperger Syndrome and mental illness. We explained that our son's behavior is childlike rather than criminal. We told them he needs treatment and not incarceration. We gave them a forensic psychiatrist's report that demonstrates lie is not violent. He is a nuisance. We told them that his behavior acceding to Dr. Mills is typical of one with Asperger Syndrome. We told them he has an organic brain disorder. His criminal behavior consists only of phone calls and entails. This meeting has made no difference. If the Iowa prosecutor's office was serious about avoiding an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement of ten years. During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want to contact his ex- girlfriend so he chose a flawed way. He had her phone number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in the Johnson county auditor's office. This referred to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous Johnson County prosecutors. Perhaps the voters of Iowa should be told how much it has cost to prosecute and imprison Daniel in Iowa. The typical offender sitting in Johnson Comity right now has been charged with robbery, theft, nu rder, sexual abuse, domestic abuse assault, drug offenses etc. My son is not a thug, but yet will get the stiffest sentence out of all of them. It is the criminalization of Asperger Syndrome. A full ore -third of the nation's states get a D or F grade for using mental health courts and crisis intervention teams (CIT) — diversion programs proven to reduce the criminalization of nnentai illness, the study found. Iowa received a well deserved F. "People with untreated psychiatric disease should begetting the treatment they need before law enforcement shows up at their door because of behaviors caused by their illness," said Doris A. Fuller, executive director. I had a deposition earlier this year recently and they tried to twist Dr. Mills' report. They not only want to lock him away for 55 years, but they extended the time period of the stalking to include the time lie has been in jail. That is punishment fit for a major drug dealer and /o• murderer. This case, as it always has, cries out for treatment and not incarceration. I have found a place for my son to live. It is called Trinity in Illinois and it is an excellent place for people with issues similar to my son. That is where he belongs. Daniel was living with us for the entire time and did not go to Iowa. This has not stopped the charges of stalking and extortion. This is not what our founding fathers envisioned that America should be. Daniel has already been in jail and prisons for most of the time since 2007. Dr. Mills has stated that Daniels's so called criminal conduct is caused by his Asperger Syndrome. "Mr. Jason cannot legitimately be considered morally responsible for his misconduct." Dr. Mills also states that "The lack of significant history of violence is important." As stated in the article, Forensic aspects of Asperger's Syndrome by Justin B. Barry -Walsh and Paul E. Mullen in the Journal of Forensic Psychiatry & Psychology, "It behooves us to draw to the court's attention the obvious: that patients with Asperger's Syndrome suffer from mental disorder and that their offending and subsequent disposition must be placed in this context. The core features of Asperger's Syndrome and how they determine what the individual knows and understand of the world should form a basis for sophisticated assessment of the issues of disability." .NAMI National, Senator Durbin, and Senator Harkin have been apprised of this situation.. The Autism Society of America believes this to be the most egregious case in the United States. Even Drew Peterson and other murderers have received less of a sentence than my son is facing. Daniel has a brain disorder and needs mental health treatment not incarceration. National organizations such as NAMI and CURE are following this trial. This typifies everything that is wrong in the State of Iowa regarding the Criminalization of the Mentally III and Asperger Syndrome. This Criminalization of the Mentally ill must be confronted and stopped. I have seen and heard the overzealous prosecutors. It took courageous people to say no to slavery in our history. We must say no to the incarceration of our non - violent mentally ill. This is my mission in life. I have personally endorsed John Zimmerman for Johnson county Attorney. He gets it. Finally here is an email sent to National NAMI -Ron Honberg on April 20, 2014 Ron: My son is having another trial on Tuesday, April 22 for being a habitual offender. He is on the way of getting a potential 55 years. H e was found guilty of stalking and extortion in his previous trial This must be an issue addressed by National NAMI in the White House and all over the country. How can you charge a non - violent offender with this when they have an organic brain disorder that needs medication? I arm appalled by the injustice in Iowa City and the Criminalization of Asperger Syndrome. They have a lynch mob mentality within Johnson County. The Judge did not allow Dr. Mill's testimony as the primary testimony. It was only allowed as a rebuttal. The Judge would not allow a continuance to have Daniel sign over his medical records. Thus the 3 other Forensic Psychiatrist who spent very little time with Daniel and did not have his cooperation was the primary evidence in the trial. Also the Johnson County Board supervisor is stating that Daniel will kill his ex- girlfriend if he is released. I question whether the county is capable of having a fair trial. They allowed evidence in the trial for which he was convicted of when he defended himself. This by itself is grounds for Appeal. During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want to contact his ex- girlfriend so he chose a flawed way. He had her phone number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in the Johnson county auditor's office. This referred to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous Johnson County prosecutors. The bottom line is Daniel is non - violent based upon his history and this time never went to Iowa City. They could have contacted me without arresting him. I am personally trying to help the candidate running against this overzealous prosecutor. I have blogged all over the internet to get the truth out there. John Zimmerman is a progressive person who gets it. This case has national consequences. We must do everything that we can do to stop this Criminalization of Asperger Syndrome and mental illness. There are many other cases out there where people also need help. Dr. Mills said this was in the top 2 or three for most egregious cases. He is appalled and upset by the convictions and he is an Asperger Syndrome expert. We must save a life and save a world. Joseph M. Jason, President NAMI BA Board Member of Criminal Justice Advocacy for People with Mental Illness Member /Director of CURE (847)537 -3009 Marian Karr From: Marian Karr Sent: Thursday, April 24, 2014 9:59 AM To: 'Gabriel Scott Dean' Subject: RE: Civilian Oversight Meet -Up Thank you for your invitation. I will forward this to the Board for the May 5`h meeting, and have them contact you directly If they are Interested, Marian K. Karr, MMC City Clerk From: Gabriel Scott Dean [mailto:gsdd74 @gmail.com] Sent: Wednesday, April 23, 2014 8:03 PM To: Marian Karr Subject: Civilian Oversight Meet -Up Ms. Karr, My name is Scott Dean and I am a member of the Columbia, Missouri Citizens Police Review Board ( https: / /www.gocolumbiamo.com/Council/ Commissions /descrii)tion.php ?bcid =l4). I came across your email address while reviewing the websitc for the Iowa City Citizens Police Review Board. I wanted to send a message to invite you or someone from the board to a Civilian Oversight Meet -Up that we will be hosting in Columbia on Saturday, June 21 st. Though we are still in the process of finalizing the agenda, we anticipate having one session on citizen/police mediation and another on the formation and best practices of citizens police review boards, along with time for socializing and networking. The mediation session will provide an overview of types of mediation. To that end, we hope to have representatives from a few different varieties of mediation to discuss them with first -hand knowledge. Since meditation can be done with or without the presence of a citizens police review board or civilian oversight, we also plan on having a separate discussion on the best practices of civilian oversight, This discussion will be for both cities looking to create a citizens police review board, as well as cities with established boards that want to hear from their colleagues in other cities. Please let me know if you or anyone from your organization is interested in attending and I will be happy to keep you updated.. If you have any questions, please do not hesitate to contact me by email or by cell at 573- 489 -4705 ,aun Scott Dean From Captain Hart of the ICPD 5 a. a 3 s a � b You e as g t WOrkshue%ps 1 The Center for Worker Justice (CWJ) will host a series of free workshops for workers and their families: April 25 Protecting Your Health and Safety at Work: OSHA Rights May 30 Getting the Full Pay You Are Owed: U.S., Iowa Wage Payment Rights June 27 Understanding Your Rights with ED0 I Police and Immigration Agents July 25 Renting an Apartment: What are Your Rights and Responsibilities? August 29 Accessing Health Care: What are Ni`M1 Your Rights and Options? September 26 Winning Better Laws: How Can Ordinary People Be Heard? _ r ®®n and 6pm mom Friday of each Month ti X40 So Gibert Ct9 Iowa City Interpretation Available. Call CWJ at 319 - 594 -7593. CWJ is an aff'llate of the national Interfaith Worker Justice workers' center network MEMORANDUM DATE: April 21, 2014 TO: Members of the Iowa City Police Citizens Review Board FROM: Patrick J. Ford Re: suggestions for public reports I suggest you make a few changes to the template for your public reports, in an effort to make sure the public knows the exact role of the board, and the specific way you reach your conclusions. These changes would be particularly beneficial to a complainant who might not read or understand the ordinance. First, I suggest you amend the paragraph describing the board's responsibility. I suggest this paragraph read as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8- 8- 7(A).) 2. When the Board receives the Police Chief's report, the Board nuist select one or more of the following levels of review, in accordance with Iowa City Code Section 8 -8- 7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 1 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis' standard of review. This means that the Board must give deference to the Police Chief's report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8- 8- 7(B)(2)).) 4. According to Iowa City Code Section 8- 8- 7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8- 8- 7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. I also suggest you amend the paragraph describing the board's procedure for the particular complaint. I suggest this paragraph read as follows: The Complaint was initiated by the Complainant on . 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 2 The Board voted on to apply the following level of review to the Chief's report: pursuant to Iowa City Code Section 8- 8- 7(B)(_). (Also, if helpfid, explain what specific action the Board decided to pursue as part of the selected level of review. For instance, if the Board chose to reqnest a video of the incident as part of a 8- 8- 7(B)(1)(d) review, then say, "The Board requested that the Police Chief provide a copy of all andio or video recordings of the incident.") The Board met to consider the Police Chief's report on and On the Board (Complete this blank with the specific action taken, such as "interviewed the complainant" or "reviewed audio or video recordings of the incident ".) I believe these changes will help a complainant understand both: (1) exactly what the Board is allowed and obligated to do under the ordinance; and (2) exactly what the Board did in response to the Complainant's particular case. 3 A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 April 22, 2014 Mayor Matthew J. Hayek 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the April 21, 2014 meeting the CPRB voted in open session to request a 45 -day extension for the Public Report according to the City Code for CPRB Complaint #13 -07 for the following reasons: • Due to a second request for additional information. • PCRB Complaint #13 -07 —Public Report presently due May 29, 2014 • 45 -day Extension request — Public Report due on July 14, 2014. The Board appreciates your prompt consideration of this matter. Sincerely, w� Joseph Treloar, Chair Citizens Police Review Board POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2014 Date Description None. May 5, 2014 Mtg Packet CPRB Complaint #13 -06 Filed: 11/27/13 Chief's Report due (90days): 02/25114 Chief's Report filed: 02/24/14 CPRB Mtg #1 (Review & Assign) 03/11/14 CPRB Mtg #2 (Review & Assign) 04/21/14 CPRB Report due (90days): 05/27/14 CPRB Complaint #13 -07 Filed: 12/03/13 Chief's Report due (90days): 03/03/14 Chief's Report filed: 02/28/14 CPRB Mtg #1 (Review & Assign) CPRB Mtg #2 (Review & Assign) CPRB Report due (90days): 45 -day Extension: 03/11/14 04/21/14 CPRB Complaint #14 -01 Filed: 01/31/14 Chief's Report due (90days): 05/01/14 Chief's Report filed: 03/27/14 05/29/14 07/14114 (pending approval) CPRB Mtg #1 (Review & Assign) 04121/14 CPRB Mtg #2 (Review) ? ?/ ? ?/14 CPRB Report due (90days): TENTATIVE MEETING SCHEDULE May 13, 2014 (Community Forum) June 10, 2014 July 8, 2014 August 12, 2014 06/27/14 Updated 04121114 A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 Position Vacant Joseph Treloar, Chair 2501 Holiday Rd Coralville, IA 52241 (0) 625 -2153 Roviceann 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 Mazahir Salih 2507 Whispering Prairie Ave Iowa City, IA 52240 (H) 571- 282 -5188 Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street PO Box 2447 Iowa City, IA 52244 -2447 (0) 338 -7551 Term: September 1, 2011 — September 1, 2015 Term: September 1, 2013 — September 1, 2017 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2013 — September 1, 2017 e G-A ee -Iiyt In an effort to enhance the overall effectiveness of police operations, the Iowa City Police Department has established a Special Response Team (SRT). The purpose of this team is to handle unusual operational activities and problems. The presence of a highly trained police response team has been shown to substantially reduce the risk of injury or loss of life to citizens, police officers and suspects. A well - managed team response to critical incidents will substantially enhance the likelihood of a more successful resolution of the incident. The following non - exhaustive listing of critical incidents may activate the Team: A. Hostage Situations: The holding of any person(s) against their will by an armed or potentially armed suspect. B. Barricade Situations: The stand -off created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with police demands for surrender. C. Sniper Situations: The firing upon citizens and /or police by an armed suspect, whether stationary or mobile. D. High -Risk Apprehension: The arrest or apprehension of armed or potentially armed suspects where the likelihood of armed resistance is high. E. High -Risk Warrant Service: The service of search or arrest warrants where the risk of injury or death to the suspects, officers or public is deemed too high for service by non- SRT personnel. F. Personal Protection: The security of special persons, such as VIPs, witnesses, or suspects, based on threat or potential threat to the well -being of those persons. G. Civil Disturbance: For demonstrations and disturbances; to provide crowd control and to potentially effect arrests. H. Special Assignments: Any other assignment approved by the Chief of Police or the Commander of Field Operations, based upon a level of threat Iowa City Police Department Special Response Team Equipment List Ballistic Helmet Tactical Goggles or Glasses Balaclava Ballistic Vest Nomex Gloves Tactical Rifles Sniper Rifles Tactical Shotguns Breaching Shotgun Tactical Breaching Tools (i.e. ram, sledge, break and rake tool, hooligan) Noise Flash Device Chemical Munitions Ballistic Shields Radio Headsets