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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 C To City Council 11LComplainant Michael Lombardo City Manager a J 4 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 1 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 Y 1 Allegation 1 Officer A wasrude c Allegation 2 Officer A wasbullish i i TAllegation3OfficerAwasunwillingtolistentoreasonx c fv 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 4w a u c1 3