HomeMy WebLinkAbout17-03
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 7, 2017
To: City Council
Complainant
City Manager
Equity Director
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #17-03
This is the Report of the Community Police Review Board’s (the “Board”) review of the investigation of
Complaint CPRB #17-03.
BOARD’S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board’s responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chief's report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chief's report, the Board must apply a “reasonable basis” standard of review.
This means that the Board must give deference to the Police Chief's report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chief's findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chief's report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD’S PROCEDURE
The Complaint was initiated by the Complainant on July 5, 2017. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief’s Report was filed with the City Clerk on October 3, 2017.
The Board voted on November 14, 2017 to apply the following Level of Review to the Chief's Report: On
the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
The Board met to consider the Report on November 14, 2017 and December 7, 2017.
Prior to the November 14, 2017 meeting, the Board reviewed audio or video recordings of the incident.
FINDINGS OF FACT
On June 25, 2017 the Complainant came to the Police department to report he had been threatened
and assaulted by a neighbor.
Officer A interviewed the Complainant and witnesses regarding an allegation of assault and threats at
an apartment complex. The Officer listened to all of their accounts and did not find sufficient evidence
to file charges.
ALLEGATION 1 – Discrimination.
Upon review of audio and video recordings in Incident 17-03, the Board found no evidence of
discrimination by Officer A against the Complainant.
Allegation 1: Not sustained
COMMENTS
None.