HomeMy WebLinkAbout21-07COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
February 8, 2022 a -w
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 #21-07
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #21-07 (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
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 October 27, 2001. 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 30, 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 January 11, 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 Board met to consider the Report on January 11, 2022 and February 8, 2022.
During the January 11, 2022 meeting, the Board reviewed video recordings of the incident.
FINDINGS OF FACT
On October 22, 2021 patrol officers witnessed the complainant walking downtown with an open
container of alcohol. Officers ran after and confronted the complainant. The complainant stopped and
conversed with the officers, at one point handing the open container of alcohol that the complainant had
been previously trying to hide to an officer. A companion then accompanied the complainant as they
went with officers to a patrol car and a ticket was issued.
ALLEGATION 1 — Improper/Unlawful Search.
Video evidence showed that after initially denying having an open container, the complairpt eventually
handed it to an officer. No search of any type was seen in body cam footage. The board th'erefore..:'.
affirmed the opinion set forth in the report of the police chief. -
Chief's Conclusion - Not sustained
rea -
Board's Conclusion - Not sustained
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COMMENTS
While the Board finds this complaint to be not sustained, the Board does have some serious concerns
about what it witnessed in the body cam footage of this incident. The most problematic of those is that
the last thing that was said by one of the officers before the recording ended after the conclusion of the
incident was "I kind of hoped she was gonna run." This seems to indicate that this officer was eager for
a chase or a fight, and that is not the type of attitude that someone wielding the power of a police officer
should have. Additionally, some Board members expressed concerns about the use of curse words by
one of the officers while conversing with the complainant and their companion while on duty and in
uniform. A higher level of professionalism is expected from officers.
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