HomeMy WebLinkAboutAnnual Report FY2020
CPRB Annual Report FY 2020 – Final 8/19/2020 – 1
COMMUNITY POLICE REVIEW BOARD
GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly
known as Citizens Police Review Board and now known as Community Police Review Board (hereafter referred as the CPRB), consists of five members appointed by the City Council. The CPRB has its own outside legal counsel.
The Board was established to review investigations into claims of police misconduct, 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. The Board shall hold at least one community forum each year for the purpose of hearing citizens’ views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board’s By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2020 Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY20 the Board held eleven meetings. Due to Covid-19 restrictions the Community Forum scheduled for April was postponed until later in the year. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD provided various General Orders for the Board’s review and comment. A senior member of the Police Department routinely attended the open portion of the CPRB meetings and was available for any questions Board members had regarding these reports. Presentations At the March 10, 2020 meeting Police Captain Brotherton and Officer Puente demonstrated the police departments new body cameras. Board Members
In October 2019 officers were nominated with Monique Galpin as Chair and Orville Townsend as Vice-Chair. Sam Conaway was appointed in July 2019 for a four-year term. Jerri MacConnell was appointed in June 2020 to fill the unexpired term of Sam Conaway. COMPLAINTS Number and Type of Allegations Five complaints (19-03,19-04,19-05, 20-01, 20-02) were filed during the fiscal year July 1, 2019 – June 30, 2020. Five public reports were completed during this fiscal period (19-01,19-02,19-03, 19-04, 19-05). Two complaints filed in FY20 are pending before the Board (20-01,20-02).
CPRB Annual Report FY 2020 – Final 8/19/2020 – 2
ALLEGATIONS Complaint #19-01
Allegation 1 – Excessive force against Complainant’s Spouse.
Board’s Findings: Allegation 1– NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 1– NOT SUSTAINED Allegation 2 – Excessive force against Complainant. Board’s Findings: Allegation 2 – NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 2 – NOT SUSTAINED Allegation 3 – Failure to provide a copy of search warrant. Board’s Findings: Allegation 3 – NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief’s Report Findings: Allegation 3 – NOT SUSTAINED
Allegation 4 – Wrecked the apartment during execution of search warrant. Board’s Findings: Allegation 4 – NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief’s Report Findings: Allegation 4 - NOT SUSTAINED
Complaint #19-02 Allegation 1 – Use of excessive force in entering a residence to serve a civil commitment order on the individual subject of the order.
Board’s Findings: Allegation 1 - NOT SUSTAINED The Board has elected not to determine this incident based on the procedural grounds of whether or not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful review of the record, there is no evidence to sustain this allegation. Chief’s Report Findings: Allegation 1 – COMPLAINANT LACKED STANDING FOR LACK OF PERSONAL KNOWLEDGE. Allegation 2 – Use of excessive force and/or improper procedure in assisting with the transport of an individual that is the subject of a Civil Commitment Order. Board’s Findings: Allegation 2 – NOT SUSTAINED The Board has elected not to determine this incident based on the procedural grounds of whether or not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful
review of the record, there is no evidence to sustain this allegation. Chief’s Report Findings: Allegation 2 - COMPLAINANT LACKED STANDING FOR LACK OF
PERSONAL KNOWLEDGE
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Complaint #19-03 Allegation 1 – Improper towing of vehicle.
Board’s Findings: Allegation 1 - NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 1 - NOT SUSTAINED Complaint #19-04
Allegation 1 – The officer’s decision to not file charges against the other participant was
influenced by him personally knowing the other participant’s boyfriend. Board’s Findings: Allegation 1 – NOT SUSTAINED.
The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief’s Report Findings: Allegation 1 – NOT SUSTAINED. Allegation 2 – Illegal search of personal property and seizure of cell phone. Board’s Findings: Allegation 2 – NOT SUSTAINED. The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 2 – NOT SUSTAINED. Allegation 3 – Failure to properly investigate the incident. Board’s Findings: Allegation 3 – NOT SUSTAINED. The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 3 – NOT SUSTAINED. Complaint #19-05 Allegation 1 – Improper investigation.
Board’s Findings: Allegation 1 – NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief’s Report Findings: Allegation 1 – NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint:
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 1 City Manager, or request police assistance in the Board’s own investigation Level e Board performs its own additional investigation 1 Level f Hire independent investigators 0
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Complaint Resolutions The Police Department investigates complaints to the CPRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief’s
Report) to the CPRB 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.) The Board reviews both the citizens’ complaint and the Chief’s Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council.
Of the eleven allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports:
Complaint #19-02 –
Due to the procedures, the Board was originally presented only with a copy of the Complaint and the Chief’s letter indicating that the Complainant had no personal knowledge of the allegations and that no additional investigation will occur at this time. This put the Board in the position of having to set a
level of review without information the Board felt was sufficient to make such a definitive determination on the outcome of the claim, as lack of standing.
The Board elected to investigate further, as outlined above. Rather than determine this matter on the legal aspect of “standing,” after reviewing with legal counsel, the Board determined it would be wiser, in this instance, to determine this Complaint based on the merits. We believe this action to be more aligned with the service of the Board; to provide substantive reviews of possible officer misconduct. Complaint #19-03 – The Chief’s report addressed an additional finding that the Officer failed to remove the license plate
prior to towing, although this was not a part of the Complaint Complaint #19-05 –
While Complainant states in her Complaint that the other woman involved in the dispute continued to make contact with her, she does not present any evidence that she notified the Iowa City Police Department of these additional contacts. Moreover, the record does not support that the Officers subject to this Complaint ever had occasion to learn of any of this additional contact. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board scheduled no name-clearing hearing. Complaint Histories of Officers
City ordinance requires that the annual report of the CPRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the five complaints covered by the FY20 annual
report a total of twelve officers were involved with allegations against them.
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COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be
incomplete. Age:
18-25 26-35 36-45 46-55 56-64 (1) 65+ Disability:
(1) Physical Mental None Annual Household Income: 100K 75-99K 50-75K 25-49K (1) Under 25K Gender: (1) Female Male Other Sexual Orientation: LGBTQ Heterosexual (1) Other Ethnic Origin: Black/African-American (1) Hispanic American Indian/Alaska Native Asian/Pacific Islander White/Caucasian Other
Were you born in the United States: (1) Yes No Religion: Muslim None (1) Other Marital Status: (1) Married Single Divorced Separated Widowed Other * Information is reported as presented by the person completing the form.
BOARD MEMBERS Monique Galpin, Chair Orville Townsend, Vice-Chair Latisha McDaniel David Semler Sam Conaway/Jerri MacConnell