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HomeMy WebLinkAbout06-05POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 1826 319 356 5041 March 7 2007 n To City Council Complainant Stephen Atkins City Manager Sam Hargadine Chief of Police Officer s involved in complaint C0 1 U1 W From Police Citizen s Review Board Re Investigation of PCRB Complaint 0605 This is the Report of the Police Citizens Review Board s the Board review of the investigation of Complaint PCRB 06 05 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 November 3 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 February 1 2007 and was filed with the City Clerk on January 25 2007 The Board met to consider the Chiefs Report on February 22 2007 and March 13 2007 The Board by a vote of 3 0 with two members absent voted to review the Chiefs Report in accordance with section 8 8 7 B 1 a on the record with no additional investigation FINDINGS OF FACT The Complainant was stopped on August 18 2006 by Officer A for a traffic violation on Interstate 80 Subsequently the stance of the K 9 Officer led the officer to a non consensual search of the vehicle driven by the Complainant All incidents relating to the stop the search and other issues brought forward in the Complaint were recorded on the Officers in car camera The Complainant accused Officer A of taking too long to accomplish the ticketing of using a harsh tone of voice of whistling during the encounter of glaring at her and the other occupant of the vehicle and of using disrespectful language on at least two occasions The Complainant also accused Officer A of taking too long to search the vehicle of a delay before a Supervisor arrived of questioning the other person in the vehicle and completely insulted degraded and took the job beyond reasonable limits for no reason as well as showing prejudice CONCLUSIONS After reviewing the Complaint and the Chiefs Report the Board concluded that the complaints were not substantiated The evidence per the Chiefs report from the in car camera recording did not uphold the Complainant s version of events It is difficult to list all of the allegations made by the Complainant in this case because they were so numerous and overlapping Therefore we take the Chiefs Report numbering of thirteen 13 separate Complaints and consolidate them into two 2 inclusive and general allegations for purposes of our Report Allegation 1 Unwarrantable delay in accomplishing the ticketing and searching tasks NOT SUSTAINED The evidence per the Chiefs report does not support the accusations of any delays in performing these duties o r Allegation 2 Use of harsh tone of voice of glaring at the Complainant Of ng lIdisrespectfullanguageofinsultinganddegradingtheComplainantCitfsholing prejudice NOT SUSTAINED The evidence per the Chiefs report does nQC ppponthe naccusationsofanyinappropriatewordsoractionsbyOfficerAr J COMMENTS J Ji We commend the Officer involved in this case for activating the in car camera The evidence from the recorded video made it possible for the investigating officers to compare the accusations received from the Complainant with what was captured by the in car camera This Complaint demonstrates the value of consistent use of the in car cameras when there is need for later review of actions