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
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aDaleHellingActingCityManager
Sam Hargadine Chief of Police
Officers involved in complaint vrn
From Police Citizens Review Board
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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
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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
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