HomeMy WebLinkAbout06-03POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 1826
319 356 5041 Q e
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To City Council
Complainant
Stephen Atkins City Manager
Sam Hargadine Chief of Police
Officer s involved in complaint 1
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From Police Citizen s Review Board
Re Investigation of PCRB Complaint 06 03
Date March 29 2007
This is the Report of the Police Citizens Review Board s the Board review
of the investigation ofthe Complaint PCRB 06 03 the Complaint
Board s Responsibilitv
Under the City Code of the City of Iowa City Section 8 8 7 B 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 Factitalso 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 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 received at the Office of the City Clerk on August 4 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 Chief s Report was due November 2 2006 the Report was filed with the City Clerk on
October 19 2006
The Board met to consider the Chiefs Report on November 14 2006 The Board voted to
review the Chief s Report in accordance with Sections 8 8 7 B 1 b 8 8 7 B 1 c 8 8 7
B 1 d 8 8 7 B 1 e
The Board met December 5 2006 December 18 2006 January 9 2007 March 13 2007 and
March 29 2007 to consider the Chief s Report Due to the complexity of this incident which
included conflicting information provided by the on scene officers as reported in the Internal
Investigation the Board s desire to adequately review and comprehend the thorough Chief s
Report and the possibility of the Board either requesting additional investigation by the Chief or
performing its own additional investigation the Board had requested a 50 day extension
FindinQs of Fact
The complainant alleges that her 17 year old son was stopped handcuffed told that he was
under arrest and sUbjected to discourteous remarks
Interviews were conducted with the juvenile his father officers present at the initial scene and
officers directly involved with the juveniles A second juvenile who was also detained
handcuffed searched field interviewed given an eye test and a PBT placed in a squad car
and ultimately released declined to participate in the Chief s investigation as did his father
The in car camera system was checked and found to be functional however none of the officers
either at the scene or involved in the detention of the juveniles had activated their in car
recording devices The report of the incident dispatch logs and dispatch tape were reviewed
The ICPD received a report of a vacant house possibly being burglarized Five patrol officers
the Watch Supervisor the Watch Commander and two SCAT officers responded An individual
was seen fleeing the area by an officer but was not pursued or apprehended Two juvenile
males walking in the area were detained field interviewed together and separately given PBT
tests searched handcuffed and ultimately released
Conclusion coo3
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Board concluded that the findings of the Chief s Report are not unreasonaBfe rbit orn
capricious See Comment section n w
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Allegation 1 Personal Conduct Not sustained
Allegation 2 General Conduct on Duty Not sustained
Comment 1aw
The Board wishes that the Chief had addressed formally the allegations of handcuffing and
alleged arrest of a juvenile as listed by the complainant and as stated by the Chief in his cover
letter and his Report to the Board The Report included investigation regarding these
allegations but did not issue Findings
Handcuffing and Arrests of Juveniles The Board recommends a review of OPS 19 1 Juvenile
Procedures with emphasis on handcuffing of juveniles and arrests of juveniles
In Car Recording Device Activation The Board does not concur with the internal investigation
conclusion that no policy violation occurred when no officer activated an in car recording device
OPS 12 In Car Recording Devices effective 8 4 1999 section IV states In addition to traffic
stops officers should manually activate the recording equipment on calls for service and on self
initiated field activity According to Merriam Websters Collegiate Dictionary 11th Edition the
operant should is used in laws regulations or directives to express what is mandatory and
placed an obligation on the officer s at the scene and involved in the field investigation to
activate their recording device s The existence of a visual audio documentary of the events
which transpired during the detention of the juvenile s would have been an invaluable tool for
the resolution of PCRB 06 03 if after viewing the recording of the incident a complaint had
transpired at all
Disrespectful Commentary The Board suggests that consideration be given to additional
training and a review of Leg 01 Civil Rights 1II D 2 Act speak and conduct themselves in
such manner as to treat all persons with courtesy and with that respect due to every person as a
human being In the Investigator s Report it was acknowledged by officers at the scene that
certain officer s did not exhibit the consummate level of professionalism that is typically
exhibited by the members of the ICPO
Officer Communication at the Scene The Investigator s Report documented conflicting
information among the officers who had direct contact with the juveniles The Investigator s
report detailed multiple incorrect assumptions made by officers at the scene due to a lack of
communication between the lead officer and those detaining the juvenile s Ie Officer I said
he had assumed that Juvenile 2 Juvenile 1 had been arrested by Officer I and he searched
him incident to the arrest
Incident Documentation The Board concurs with the Chiefs assessment that a review of
reporting requirements is necessary The Board suggests a review of OPS V Reporting Use of
Force and review of LEG 03 Field Interviews and Pat Down Searches be included in the
additional training
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