HomeMy WebLinkAbout06-02POLICE CITIZENS RIEVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 1826
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TO City Council
Complainant
Stephen Atkins City Manager
Sam Hargadine Chief of Police
Officer s involved in complaint
FROM Police Citizen s Review Board
RE Investigation of PCRB Complaint 06 02
Date August 8 2006
This is the Report of the Police Citizens Review Board s the Board review of the
investigation of Complaint PCRB 06 02 the Complaint
Board s Responsibilitv
Under the City Code of the City of Iowa City Section 8 8 7B 2 the Board s job is to review the
Police Chief s Report Report of his investigation of a complaint The City Code requires the
Board to apply a reasonable basis standard of review to the Report and to give deference to
the Report because of the Police Chief s professional expertise Section 8 8 7B 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 7b 2 a b c
Board s Procedure
The Complaint was received at the Office of the City Clerk on March 2 2006 As required by
Section 8 8 5 B of the City Code the Complaint was referred to the Chief of Police for
investigation
The Chiefs Report was due on May 31 2006 a 30 day extension was requested on June 1
2006 and approved by the Board on June 12 2006 The Chief s Report was filed with the City
Clerk on June 27 2006
The Board met to consider the Chief s Report on July 11 2006 and August 8 2006
The Board voted to review the Chief s Report in accordance with Section 8 8 7b 1 a on the
record with no additional investigation
FindinQs of Fact
The complainant alleges that Iowa City police officers harassed threatened and intimidated
members of his family including himself and that they refused to allow the family to pray for their
family member who was an inpatient at the Iowa City Veteran s Affairs Medical Center VAMC
Interviews were conducted with all officers of the ICPO VAMC police VAMC and UIHC medical
staff who were involved with this event The complainant refused to speak with investigators no
positive identification of any family members was made during the event therefore investigators
were not able to speak with any family member for investigative fact finding purposes
The general timeline and facts of the incident are not in dispute by non family personnel
The father of the complainant was an inpatient at the VAMC Family members were loud
agitated and created a disruption in the hallway outside the patient s room which disturbed other
patients and work staff The situation escalated and VA officers on scene requested assistance
from the ICPO VAMC police requested ICPO to charge the complainant and family members
with criminal trespass
The family attempted to shut the door to patient s room in order to pray An ICPO officer
informed them they could not shut the door but they could pray The family members continued
to be disruptive and threatened officers and staff
Additional ICPO officers were requested A Sergeant and additional officer arrived on scene
After conferring with a VA police officer the ICPO Sergeant informed the family that a transfer of
the patient to another facility was in process
Officers escorted family members to a waiting area in the lobby The ICPO Sergeant infQrmed
the complainantfamily that if they returned to the patient s floor they would chargea with
trespassing Sergeant dismissed remaining officers and radioed clear E 0 C nGJ1t0
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Bya vote of 4 0 with 1 member absent the Board set the Level of Review 7@ 1 a 1
believing there to be enough information in the Chiefs Report the relative policyeport radio
traffic report and interviews with VAMC police and clinical staff to substantiate that no 10Y3 City
Police Officer did anything inappropriate and that officers treated the family members with
respect and acted in a professional manner toward them during the event
Conclusion
The Board concludes that the findings of the Chief s Report are supported by substantial
evidence are not unreasonable arbitrary or capricious and are consistent with Police
Oepartment policy and practice and those of any federal state or local law
Allegation 1 Intimidation Harassment Threats Not Sustained No evidence of any
intimidation harassment or threats being made by members of the ICPO was found during the
interview process See Comment section of the Board s report
Allegation 2 Officers refused to allow prayer Not Sustained At the request of the VA
Officer in charge of the event ICOP officer s did not allow the family to close the door to the
patient s room but did inform the family that they could pray
Comment
The Board feels that the investigative report compiled by the ICPO investigator s and the
Chiefs Report is very comprehensive and thorough It was commented in multiple
interview supplemental reports from VA and UIHC staff that the ICPO officers were very patient
and respectful with the family while attempting to de escalate the situation without use of
physical means or arrests No one observed any ICPO officer do anything disrespectful or
inappropriate in action or speech while dealing with the family
Members of the Board felt that it was important to note that the complainant refused to speak
with investigators
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