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
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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
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