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HomeMy WebLinkAbout08-05POLICE CITIZENS REVIEW BOARD A Board ofthe City ofIowa City 410 East Washington Street Iowa City IA 522401826 319 3565041 September 9 2008 To City Council Complainant Michael Lombardo City Manager Sam Hargadine Chief of Police Officers involved in complaint From Police Citizens Review Board Ci i i Os Viz y Re Investigation of PCRB Complaint 08OS This is the Report ofthe Police Citizens Review Boards the Board review ofthe investigation ofComplaint PCRB 08OS the Complaint BOARDSRESPONSIBILITY Under the City Code ofthe City of Iowa City Section 887B 2 the Boards 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 ofreview to the Report and to give deference to the Report because of the Police Chiefs professional expertise Section 887 B 2 While the City Code directs the Board to make Findings ofFact 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 887 B 2 a b c BOARDS PROCEDURE The Complaint was received at the Office of the City Clerk on June 5 2008 As required by Section 885 B of the City Code the Complaint was referred to the Chief of Police for investigation The Chiefs Report was due on September 3 2008 and was filed with the City Clerk on August 19 2008 The Board met to consider the Chiefs Report on August 19 2008 and September 9 2008 The Board voted to review the Chiefs Report in accordance with Section 887 B 1 a on the record with no additional investigation FINDINGS OF FACT On June 1 2008 at approximately 930 PM Officer A responded to a report of glass breaking and two individuals arguing in the 100 block of S Scott Blvd Officer A met with both individual and ascertained that an argument originating indoors had continued outdoors where a ass cuswas dropped on the pavement ALLEGATIONS The complainant alleges Officer A made inappropriate comments about the complainar pending marriage and military service D 0 POLICE DEPARTMENT INVESTIGATION The police department reviewed the sixteen 16 minute incar recording between Officer A and both individuals involved The incar recording shows the interaction between Officer A and both individuals as cordial Officer A asks the complainant to clean up the broken glass and speaks with the parties who initiated the call for service Those parties subsequently advised the officer that the argument escalated more than indicated by the complainant The incar recordings do not provide any evidence that Officer A makes any negative comments about the two individuals getting married or the complainantsmilitary service The majority ofthe interaction between Officer A and the complainant appears offcamera however toward the end of the service call neither Officer A nor the complainant displays any body language indicating a hostile interaction Interviews were scheduled with both individuals involved for June 19 2008 Both individuals cancelled the interviews on June 19 2008 The interviews were rescheduled for June 25 2008 Neither individual appeared for this interview nor has any attempt to cancel or reschedule the interviews been recorded BOARD FINDINGS The allegations submitted by the complainant have been found to be NOT SUSTAINED The evidence provided by the Police Department contradicts the original claim that Officer A acted in an inappropriate manner but showed rather that the officer acted in a professional and courteous manner 2