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HomeMy WebLinkAbout17-04 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 #17-04 This is the Report of the Community Police Review Board’s (the “Board”) review of the investigation of Complaint CPRB #17-04. 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 August 8, 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 30, 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 July 29,2017 the Complainant called the police to report an arson at his apartment. The Complainant stated that his neighbor set his flowerpot on fire. After carefully checking the flowerpot, Officer A did not believe any fire was intentionally set and tried to explain to the Complainant about what he felt happened and that he would not be investigating any further. Officer A did enter the incident into the Call for Service system (CFS). ALLEGATION 1 – Discrimination. After reviewing video and audio worn by Officer A, the Board found no evidence of discrimination against the Complainant and that Officer A had entered the incident into the CFS and therefore submitted a report. The Complainant alleged Officer A failed to summon emergency medical services and left him alone during his medical emergency. After reviewing audio and video worn by Officer A, the Board found no evidence that the Complainant ever mentioned to the Officer he was having an immediate medical problem. The Complainant did mention a future operation, but since nothing was immediate the Officer’s response was appropriate. Allegation 1: Not sustained COMMENTS None.