HomeMy WebLinkAboutAnnual report FY1999 PCRB Annual Report FY ’99 – 1
ANNUAL REPORT
OF THE
POLICE CITIZENS REVIEW BOARD
October 1, 1998 to June 30, 1999
GENERAL RESPONSIBILITIES
The Police Citizens Review Board (PCRB) was created by Ordinance No.
97-3792 of the City of Iowa City on July 15, 1997 (amended by Ordinance No.
99-3877 on April 28, 1999).
The Board was established to assure that investigations into claims of
police misconduct are conducted in a manner which is fair, thorough, and
accurate, and to assist the Police Chief, the City Manager, and the City Council
in evaluating the overall performance of the Police Department by reviewing the
Police Department’s investigations into complaints. The Board is also required to
maintain a central registry of complaints and to provide an annual report setting
forth the numbers, types and disposition of complaints of police misconduct. To
achieve these purposes, the Board complies with Chapter 8 of the Iowa City
Code, the Board’s By-Laws and Standard Operating Procedures and Guidelines.
PCRB Responsibilities Include:
1. Review all complaints of police misconduct
Review Chief’s Report in a manner that is fair, thorough and
accurate
Issue public report to City Council
2. Help the Chief, City Manager, and City Council evaluate the overall
performance of the Iowa City Police Department (ICPD)
Maintain a monitoring system for tracking complaints
Provide an annual report to the City Council
Review practices, procedures and policies and make
recommendations for change
Recommend ways for the ICPD to improve community relations
and be more responsive to community needs
3. Assure the citizens of Iowa City that the ICPD’s performance is in
keeping with community standards.
Seek and accept comment, opinion and advice
Hold periodic community forums to gather public input and to
inform the public
ACTIVITIES AND ACCOMPLISHMENTS FROM 10/1/98 TO 6/30/99
PCRB Annual Report FY ’99 – 2
Meetings
The PCRB holds regular meetings on the second Tuesday and special
meetings on the fourth Tuesday of the month. To address complaints during the
period covered by this report and to handle a variety of administrative tasks and
outreach activities, the Board held 30 meetings, each lasting one to three hours
in length. Board members assigned to review investigations of complaints and
prepare written reports for the City Council spent up to four hours per complaint
to complete these tasks. The whole Board also devoted about 16 hours to
discussions, preparations, meetings, and presentations related to changes in By-
Laws, Standard Operating Procedures (SOPs), and the City Ordinance. During
the period covered by this report, Board members each dedicated at least 84
hours to the work of the PCRB (for a total of 420 hours).
Administration
Bylaws, Standard Operating Procedures, City Ordinance Changes
During the year, the Board worked with City staff and the Council to make
minor revisions to its By-Laws and to obtain formal approval for the Standard
Operating Procedures (SOP) the Board originally implemented in September
1998. In addition, the City revised the Ordinance under which the Board was
established and operates. During this lengthy process, the full Board and
individual members met a number of times with City staff and the City Council,
and the full Board made a formal presentation to the Council expressing
concerns related to proposed SOP and ordinance revisions.
One of the Board’s major concerns was that it continue to have access to
information with which to track patterns in complaints against officers, though not
necessarily information that would identify individual officers. Satisfactory
resolution of this issue and other matters were ultimately reached and are
reflected in the ordinance amendment passed on April 28, 1999 and on July 13,
1999, and in the changes approved for the SOPs.
PCRB Annual Report FY ’99 – 3
Complaint Procedures
To streamline the complaint process for complainants, the Board
redesigned and simplified the complaint form to collect only essential information.
It also initiated development of a simple message to accompany both the PCRB
form and the Police Department complaint form. This message was designed to
help complainants choose which form to complete and, thereby, to designate the
process by which their complaints will be handled.
The Board also developed form letters and procedures for addressing
untimely filed complaints and standardized the content of routine board
correspondence.
Ordinance 99-3877 extends the time complainants have for filing
complaints from 60 to 90 days of the alleged misconduct.
Time Required to Complete the Complaint Review Process
To complete the Board’s review and reporting on complaints in the
reporting period covered by this report, both the Board and the Police
Department consistently found it necessary to request extensions of the time
limits specified in the ordinance establishing the Board. Both groups requested
that these limits be extended. Ordinance No. 99-3877 specifies that the Chief’s
Report to the Board must be completed within 90 calendar days after a complaint
is filed, and that the Board’s report to the City Council must be completed within
45 calendar days of receipt of the Chief’s Report.
Community Forums
The PCRB held two public forums during the reporting period covered by
this report. Approximately 60 people, including a number of Iowa City police
officers, attended the forum at the Newman Center on December 1, 1998.
Discussion and comments focused mainly on concerns of university students.
The Police Chief made a presentation at the forum held at the Broadway
Neighborhood Center on April 28, 1999. The Board heard comments from
neighborhood young people, landlords, and other citizens, mainly about
neighborhood concerns.
Issues raised at community forums help determine the direction of Board
activities and are addressed in its long-term goals.
To provide more flexibility in options for future forums, the Board modified
its By-Laws to permit forums to be held in non-City buildings.
Complaints
Number and Type of Allegations
PCRB Annual Report FY ’99 – 4
The Board received thirteen complaints in the reporting period covered by
this report, nine in calendar year 1998 and four to date in calendar year1999.
Nine public reports have been issued by the Board; one was dismissed as not
timely filed; three are now under review. The following data is based on the
twenty-eight allegations in the nine complaints reported on. All nine complaints
contained more than one allegation.
Allegations
Excessive force 5
Rude behavior or “attitude” 4
Racial discrimination/racially motivated behavior 3
Unreasonable search 3
Disagreement with officer assessment of the situation 3
Unprofessional conduct 2
Unwarranted charged filed 2
No probable cause 1
Arrest for intoxication on private property 1
Complainant not informed of outstanding warrant 1
Complainant not permitted to take medication 1
Unnecessary administration of breath test 1
Profanity used 1
Level of Review Selected for Complaints Covered in this Report
The Board decided, by simple majority vote, the level of review to give
each report submitted by the Chief or the City Manager, selecting one or more of
the six levels specified in the City Code:
10/1/98 to
6/30/99__
Level a On the record with no additional investigation 4
Level b Interview or meet with complainant 0
Level c Interview or meet with named officer 0
Level d Request additional investigation by Chief or 5
City Manager, or request police assistance
in the Board’s own investigation
Level e Board performs its own additional investigation 4
Level f Hire independent investigators 0
Complaint Resolutions
Complaints of misconduct of police officers are investigated by the Police
Department. The Police Chief summarizes the results of these investigations
and indicates in a report (the Chief’s Report) to the PCRB whether allegations
are sustained or not sustained. (If complaints are made against the Chief, the
City Manager conducts the investigation and prepares and submits the reports.)
PCRB Annual Report FY ’99 – 5
The Board reviews both the citizen’s complaint and the Chief’s Report and
decides whether the allegations should be sustained or not sustained. The
Board prepares a report for the City Council, with copies to the Chief, the officers
involved, the City Manager, and the complainant.
Of the twenty-eight allegations listed in the nine complaints for which
Board reports have been released, twenty-six were not sustained and two were
sustained.
Comments and/or recommendations for improvement in police policy,
procedures, or conduct were made in four of the Board’s reports. The following
is a synopsis of the Board’s comments and recommendations:
An officer was summoned to a situation that was complicated by
cultural and language differences. The Board recommended that
officers receive further training in awareness of cultural differences,
and suggested that officers exercise more flexibility when responding
to clearly “non-standard” situations.
The Board questioned the appropriateness of using plainclothes police
officers in unmarked vehicles for traffic stops.
The Board suggested that the Chief make it clear that the use of
profanity by officers while acting in an official capacity is unprofessional
conduct; that the Chief enhance training in methods to de-escalate
situations and to prevent escalation, and; that the Chief reinforce
efforts to insure racial and cultural neutrality in all policies, practices,
and procedures.
The Board concurred with the Chief’s plan to provide formal counseling
on public contact and demeanor for an officer.
Name Clearing Hearings
The ordinance requires the Board not issue a report critical of the conduct
of a sworn officer until after a name clearing hearing has been held. During the
period covered in this report, the Board scheduled two name-clearing hearings;
in both cases, the officers waived their right to the hearing and did not attend.
Mediation
Officers and complainants are notified by mail that formal mediation is
available to them at any stage in the complaint process before the Board adopts
its public report. All parties involved must consent to request for mediation. The
Board received no requests for mediation during the reporting period covered by
this report.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not
include the names of complainants or officers involved in unsustained complaints
PCRB Annual Report FY ’99 – 6
and must be in a form that protects the confidentiality of information about all
parties while providing the public with information on the overall performance of
the Police Department.
In addition, at one of its first meetings, the Board independently agreed
that it did not wish to use the names of officers or complainants in cases in which
complaints are sustained. The Board and the Police Chief agreed to use only the
unique code numbers the department has assigned to each Iowa City police
officer.
During the reporting period covered by this report, there was a great deal
of debate over a proposal to discontinue the use of these individual unique
identifiers and replace them with a numbering system that would not have
permitted the Board to identify (by identifying number only) patterns in complaints
against officers. After lengthy deliberations that included several presentations
by the Board, the City Council agreed not to change the ordinance but to retain
the current practice of preserving officer identity through use of individual unique
identifying numbers assigned by the department.
Complaint Histories – 10/1/98 to 6/30/99
Of the ten complaints this report addresses, eleven officers were named.
One officer was cited in four of these complaints, and one officer was cited in
two. The remaining officers were each cited once.
ICPD Internal Investigations Logs – 1/1/98 to 6/2/99
The Board reviewed the ICPD Internal Investigation Log dated June 22,
1999, provided by the Chief of Police.
DEMOGRAPHICS OF COMPLAINANTS
The following demographic information provides information from the 10
complaints for which the Board has submitted its report to the City Council.
Because demographic information is provided voluntarily, the Board has
incomplete information to report. Of the ten complaints, eight complainants
provided some demographic information.
Age:
Under 21 - 1 complainant
Over 21 - 6 complainants
Unknown - 3 complainants
Color:
White - 4 complainants
Black - 2 complainants
Unknown - 4 complainants
National Origin:
US - 1
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African - 1
Irish - 1
German - 1
Unknown - 6
Gender Identity:
Male - 4
Female - 2
Unknown - 4
Sex:
Male - 4
Female - 4
Sexual Orientation:
Heterosexual - 3
Unknown - 7
Marital Status:
Married - 3
Unknown - 7
Mental Disability:
No - 4
Unknown - 6
Physical Disability:
No - 4
Unknown - 6
PCRB Annual Report FY ’99 – 8
Religion:
Agnostic - 1
Catholic - 2
Unknown – 7
Race:
Caucasian – 4
Black - 2
Unknown - 4
Some demographic information not provided on the sheet attached to the
complaint form was taken from the first page of the complaint form.
BOARD CONCERNS, ISSUES
The Board concerns and issues include:
1. Continuing to monitor and address issues related to race-based traffic
stops and other race-based (profiling) issues in policing. Closely
monitoring the results of the Iowa City Police Department’s new policy on
collection of information on race for all traffic stops.
2. Completing the information “card” to be distributed with complaint forms
(both ICPD and PCRB) and specifying uniform procedures for its
distribution.
3. Continuing to address concerns with limits on the authority of the PCRB
and with the deferential standard of review in the complaint process.
4. Continuing to work on specific areas of concern with respect to
department policies, procedures, and practices - for example, interview
techniques.
5. Continuing to address concerns about limits on Board access to
information needed to do a thorough review of the Chief’s reports.
Exploring alternative ways of obtaining the information we need to execute
fair and balanced reviews.
PCRB GOALS FOR YEAR 2000
I. Mission
A. Review complaints of police misconduct
B. Help ensure that police department is responsive to
community needs
II. Goals
A. Board Education
Hold forums (minimum of two a year)
Continue to streamline Board procedures
Decide whether to affiliate with national boards and associations
PCRB Annual Report FY ’99 – 9
Establish a baseline of information to analyze different types of
reports
New Board member briefings
Visit Police Academy at Camp Dodge
B. Community Education
Hold forums
Provide information aimed at improving officers’ understanding
of the Board’s function and educating the public about the
PCRB
C. Policy/Practice/Procedure (PPP) Review
Review general police policies, procedures and practices, to
include the use of force
Address the perception of discriminatory enforcement
Community relations
COMMISSION MEMBERS
Leah Cohen, Chair
John Watson, Vice Chair
Patricia Farrant
Paul Hoffey
Margaret Raymond – resigned, effective June 1, 1999
John Stratton – appointed June 29, 1999