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HomeMy WebLinkAbout09-04POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 522401826 319 3565041 January 19 2010 To City Council N Citizen 0 aDaleHellingActingCityManager Sam Hargadine Chief of Police Officers involved in complaint vrn From Police Citizens Review Board w Re Investigation of PCRB Complaint 0904 r This is the Report of the Police Citizens Review Boards the Board review ofthe investigation of Complaint PCRB 0904the Complaint BOARDSRESPONSIBILITY Under the City Code of the 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 of review to the Report and to give deference to the Report because of the Police Chief s 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 or any Federal State or local law Section 887 B 2 a b c BOARDSPROCEDURE The Complaint was initiated by the Citizen on June 25 2009 As required by Section 885 B of the City Code the Complaint was referred to the Chief ofPolice for investigation The Chiefs Report was completed on September 18 2009 and was filed with the City Clerk on September 18 2009 The Board met to consider the Chiefs Report on October 13 November 3 December 11 2009 and January 19 2010 At the October 13 2009 meeting the Board voted to review the Chiefs Report in accordance with Section 887 B 1 a on the record with no additional investigation Page 1 FINDINGS OF FACT On June 19 2009 the Citizen tried to enter a private party sponsored by Iowa City Night Life at the Industry Citizen was denied entry by two employees and the bar owner Citizen refused to leave and the police were called Officer A arrived and made contact with the Citizen and obtained identification from him After a check for warrants was negative Citizen agreed to leave Prior to Citizen leaving the area the officer noticed a wrist band on the Citizen which the officer associated with downtown bars issuing to patrons who drink The officer then asked the Citizen if he had been drinking and he replied yes The officer reestablished contact with the Citizen to assess his level of intoxication since the Citizen lived quite a distance away and might attempt to drive Officer A was then able to determine that Citizen was not intoxicated and Citizen was then allowed to leave ALLEGATION o Citizen alleles that Officer A harassed him during the incident of June 19 w N There is no evidence that shows Officer A violated Iowa Code section 708 definrtioof harassment which provides 7087 HARASSMENT 1 a A person commits harassment when with intent to intimidate annoor alai another person the person does any ofthe following 1 Communicates with another by telephone telegraph writing or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm 2 Places a simulated explosive or simulated incendiary device in or near a building vehicle airplane railroad engine or railroad car or boat occupied by another person 3 Orders merchandise or services in the name of another or to be delivered to another without the other persons knowledge or consent 4 Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity knowing that the information is false or reports the alleged occurrence of a criminal act knowing the act did not occur b A person commits harassment when the person purposefully and without legitimate purpose has personal contact with another person with the intent to threaten intimidate or alarm that other person As used in this section unless the context otherwise requires personal contact means an encounter in which two or more people are in visual or physical proximity to each other Personal contact does not require a physical touching or oral communication although it may include these types of contacts The officer had reason to believe that the Citizen may have been drinking and could possibly be driving and therefore reinitiated contact after releasing him According to the Citizen and witnesses the Citizen did not stop for questioning by the officer and Officer A had to follow him to get him to stop After determining that the Citizen was not intoxicated Officer A allowed the Citizen to leave The Citizen did not show up for scheduled interviews with investigators and none of the witnesses listed by the Citizen could corroborate any police harassment NOT SUSTAINED Page 2 COMMENT While the Citizen may not have been harassed under the definition of the Iowa Code the Citizen felt he had been harassed because he was stopped then let go and then stopped a second time Had the officer stopped him and completed his investigation in a single stop the Citizen would not have felt harassed The PCRB feels its important that the officers behave in a way that the citizens dont feel harassed and that this particular agitation could have been avoided N0 c v p w Page 3