HomeMy WebLinkAbout06-04POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 1826
319 356 5041
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TO City Council
Complainant
Stephen Atkins City Manager
Sam Hargadine Chief of Police
Officer s involved in complaint
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FROM Police Citizens Review Board
RE Investigation of PCRB Complaint 06 04
DATE January 16 2007
This is the Report of the Police Citizens Review Board s the Board review of the
investigation of Complaint PCRB 06 04 the Complaint
BOARD S RESPONSIBILITY
Under the City Code of the City of Iowa City Section 8 8 7B 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 received at the Office of the City Clerk on September 15 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 December 14 2006 The Chiefs Report was filed with
the City Clerk on December 11 2006
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The Board voted to review the Chiefs Report in accordance with Section 9 9 7 B 1 a
on the record with no additional investigation
The Board met to consider the Chiefs Report on December 18 2006 January 9 2007
and January 16 2007
FINDINGS OF FACT
The Complainant alleged that during a routine traffic stop on July 10 2006 he was
arrested when he refused to sign a seatbelt ticket The Complainant was charged with an
Expired Registration violation and Failure to properly use seatbelt The Complainant
did not dispute the expired registration violation but asserted that he was wearing his
seatbelt He was wearing the strap under his arm instead of over his shoulder as is
required After his arrest the Complainant was transported to the Johnson County Jail
The Complainant asserted that the action of the officers involved was inappropriate
behavior and the arrest was wrongful Following his release from Jail the Complainant
returned to the Police Department to discuss the incident with a supervisor The arresting
officer activated his in car recorder and the recording was reviewed twice during the
meeting The Complainant appeared in Magistrate s Court on September 20 2006 on
the seatbelt charge Prior to this appearance he had pleaded guilty to the expired
registration violation The Magistrate found the Complainant guilty of the seatbelt
violation
CONCLUSIONS
Bya vote of 4 0 with one member absent the Board set the level of review at 8 8 7 B
1 a on the record with no additional investigation After reviewing the complaints and
the Chiefs Report the Board concluded that the complaints were not substantiated The
evidence from the incar recorder did not uphold the Complainant s version of events
Allegation 1 Inappropriate Behavior NOT SUSTAINED No evidence supporting this
claim was contained in the documentation or the video ofthe incident
Allegation 2 Wrongful Arrest NOT SUSTAINED The verdict in Magistrate s Court
demonstrated that the arrest was correct according to state law The policies and
practices of the Iowa City Police Department were followed
COMMENTS
The Board commends the officer s involved for activating the in car recorder so a video
could be reviewed State law does not require an officer to summon a supervisor upon
refusal of a citizen to sign a citation State law does require that the se@belt becworn
properly s c
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