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HomeMy WebLinkAbout21-03COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 March 8, 2022 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 #21-03 MAR 0 8 2022 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #21-03 (the "Complaint"). 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 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(13)(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 MAR 0 8 2022 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 27, 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 November 15, 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 February 8, 2022 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 video recordings reviewed by the Board provided enough information needed to make a determination. The Board met to consider the Report on January 11, 2022, February 8, 2022 and March 8, 2022. Prior to the January 11, 2022 meeting, the Board reviewed video recordings of the incident and the General Order Number 99-05, Use of Force Policy. FINDINGS OF FACT ALLEGATION 1 — Excessive use of force. On September 23, 2021, officers received a report that an individual was bothering another individual downtown. An officer located the individuals, asked some questions, was told by the person who was allegedly being bothered that there was not a problem, and then further questioned the complainant. While the complainant was standing in front of the first responding officer with his hands behind his back, another officer walked up behind the complainant and placed handcuffs on him without first announcing his presence. Both officers continued to talk to the complainant, request identification, and ask what substances he had taken. The incident escalated and the complainant intermittently yelled and tried to get away from officers, with intermittent periods of calm. At one point the complainant became unresponsive and officers administered Narcan, which produced a positive result and the complainant became responsive again. The complainant was taken to the emergency room. As the majority of the Board found no policy violation and believed the use of force to be warranted based on suspected substance use and noncompliant behavior, the board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Conclusion - Not sustained Board's Conclusion - Not sustained MAR 0 8 ZOPZ COMMENTS While the majority of the Board felt the use of force was justified, some Board members found it concerning that the complainant was handcuffed by an officer who walked up behind the complainant without announcing the officer's presence or telling the complainant in advance that the officer was going to do so, or that the complainant was being taken into custody. At least one Board member views that scenario as a questionable action that likely led to an unnecessary escalation of the incident. Additionally, there are concerns over Officers not following city and institutional mask mandates. At the time of the incident, the City of Iowa City had a mask mandate in place that stated "every person in Iowa City must wear a face covering that covers their nose and mouth when in a public place. That includes anywhere out -doors in public when one cannot stay six (6) feet away from others." The University of Iowa Hospitals and Clinics also had (and still has) a policy mandating masks in its buildings. Regardless of this, body camera videos of incident showed officers inside of the emergency room at University of Iowa Hospitals and Clinics unmasked. Officers are expected to consistently follow policies and laws. When they don't, it brings to question how they can be tasked with enforcing policies and laws if they do not consistently follow them themselves.