HomeMy WebLinkAbout08-07POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 522401826
319 3565041
November 18 2008
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To City Council 11LComplainant
Michael Lombardo City Manager a J
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Sam Hargadine Chief ofPolice rOfficersinvolvedincomplaintQ c
From Police Citizens Review Board
Re Investigation of PCRB Complaint 0807
This is the Report ofthe Police Citizens Review Boards the Board review
of the investigation ofComplaint PCRB 0807the 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 ofhis 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 887 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 orany Federal State or local law Section 887B 2 ab c
BOARDSPROCEDURE
The Complaint was received at the Office of the City Clerk on July 22 2008 As
required by Section 885 B ofthe City Code the Complaint was referred to the Chief
of Police for investigation
The Chiefs Report was due on October 20 2008 and was filed with the City Clerk on
October 14 2008
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The Board met to consider the Chiefs Report on October 28 2008 and November 18
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
Iowa City Police Officer A observed a bicyclist the complainant in I O block of N
Clinton Street riding on the sidewalk and weaving inand out of pedestrians Officer A
stopped the complainant and explained to him that it was illegal to ride on the sidewalk in
the downtown area Officer A also explained that bicyclists are required to operate bikes
in the same manner as a motor vehicle and obey all traffic laws The complainant then
rode through the red light for Westbound Iowa Ave Officer A then observed the
complainant go through Clinton and Jefferson and then turn right from Clinton to Market
Street Market Street is a one way street at this location Officer A proceeded to follow
the complainant and stopped him at Dubuque and Market Streets The complainant is
observed riding the wrong way on a one way street Officer A issued a citation for failure
to observe traffic laws
ALLEGATIONS
The complainant alleges
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Allegation 1 Officer A wasrude
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Allegation 2 Officer A wasbullish i
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TAllegation3OfficerAwasunwillingtolistentoreasonx c
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INVESTIGATION
A review of the incar recorder from Officer As vehicle for July 22 2008 was
conducted The recorder was activated by Officer A at 094728 Officer A makes the
traffic stop at 094830 The complainant is recorded riding east in the 100 block of
Market The complainant is going the wrong way on a one way street Officer As voice
recorder is not working but audio is picked up from the incar microphone At no time
during the stop is Officer A bullish or rude to the complainant The audio does have the
complainant trying to make his point about riding against traffic
Officer As interview advised the incident started when he observed a subject riding on
the sidewalk Officer A stated that he stopped the cyclist and explained the rules of the
rode for bicycles same as for cars and they were prohibited from the sidewalks in the
downtown area Officer A stated he was unsure if the complainant turned through a no
right turn on red posting at Jefferson and Dubuque Streets as his vision was blocked
Officer A stated that he did observe the complainant turn right onto Market Street and go
the wrong way on a one way street Officer A issued the complainant a citation for
Observation of Traffic Rules Officer A recalled the complainant trying to make his
point about being safer for him to ride facing traffic Officer A replied that he did not
agree with him and the law did not allow for his actions
Four telephone calls and a certified letter were sent to the complainant with no response
CONCLUSION
Audiovideo recordings of the incident do not show any bullish or rude behavior on
Officer As part The complainant was upset and not acting in an appropriate manner
during the incident The complainantscomplainant of not listening to reason involves
the issue of going the wrong way on a one way street The complainant argues that he
feels safer going towards traffic than with the traffic Officer A disagreed and stated it
was not allowed by law
FINDINGS
Allegation 1 NOT SUSTAINED
Allegation 2 NOT SUSTAINED
Allegation 3 NOT SUSTAINED
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