HomeMy WebLinkAbout21-02COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
January 11, 2022
To City Council ,
Complainant
City Manager ;v
Equity Director _ A
Chief of Police
Officer(s) involved in complaint -= -
From: Community Police Review Board
Re: Investigation of CPRB Complaint #21-02
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB # 21-02 (the "Complaint").
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows'-
1.
ollows-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 Chiefs 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 Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs 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 Chiefs 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 Chiefs 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)(5).)
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 September 20, 2021. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chiefs Report was filed with the City Clerk on October 19, 2021. As per Iowa City Code Section 8-
8-6(D), the Complainant was given the opportunity to respond to the Chiefs report, no response was
received.
The Board voted on December 13, 2021 to apply the following Level of Review to the Chiefs 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 1, 2021, December 13, 2021 and January 11,
2022.
Prior to the December 13, 2021 meeting, the Board reviewed audio/video recording of the incident.
FINDINGS OF FACT
The citizen complained that the two police officers had violated her mental health status. The Police
Chiefs investigation found that the police officers had entered the bar to look for a different suspect and
had not had any interaction with this citizen until the complainant initiated contact to say they were
"being triggered by their presence". The officer's response was that the complainant could leave.
ALLEGATION 1 — Harassment.
After watching body cam video, the Board voted to not sustain the citizen's complaint. The board
affirmed the opinion set forth in the report of the police chief and/or city manager. There is no evidence
that the officer harassed the complainant.
Chief's Conclusion - Not sustained
Board's Conclusion - Not sustained
ALLEGATION 2 — Denial of Mental Health Status (response to person in crisis), a-. - —
After watching body cam video. the Board voted to not sustain the citizen's complaint Th-esboard --
affirmed the opinion set forth in the report of the police chief and/or city manager. There i o evidence
that the complainant was in crisis and a threat to themselves or others. There is also no dente that
they requested assistance.
Chief's Conclusion - Not sustained
Board's Conclusion - Not sustained or-Sustained—i L 0
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