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HomeMy WebLinkAbout06-02POLICE CITIZENS RIEVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 1826 319 356 5041 r 0 coQ i rWjc 1 0 I r u 0 0 N 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 C C m1erI 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 t 0 r p Sfj c Tlc 0 I0r 1CT r jOcD W N