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HomeMy WebLinkAbout10-11-2022 Meeting PacketMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: October 5, 2022 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, OCTOBER 11, 2022 Enclosed please find the following documents for your review and comment at the next board meeting: ■ Agenda for 10/11 /22 • Minutes of the meeting on 09/13/22 • ICPD Use of Force Review/Report • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 3rd Qtr. 2022 • DRAFT — Fiscal Year 2022 CPRB Annual Report • Office Contacts — September 2022 • Complaint Deadlines AGENDA COMMUNITY POLICE REVIEW BOARD Tuesday, October 11, 2022 — 5:30 P.M. EMMA J HARVAT HALL 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 REPORT FROM NOMINATING COMMITTEE ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED ■ Minutes of the meeting on 9/13/22 • ICPD Use of Force Review/Report April 2022 • ICPD Memorandum — Quarterly Summary report IAIR/CPRB, 3rd Qtr. 2022 ITEM NO. 7 NEW BUSINESS • Fiscal Year 2022 CPRB Annual Report • CPRB Meeting Location CPRB-Page 2 October 11, 2022 ITEM NO. 8 OLD BUSINESS a None ITEM NO. 9 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 10 BOARD INFORMATION ITEM NO. 11 STAFF INFORMATION ITEM NO. 12 MEETING SCHEDULE and FUTURE AGENDAS • November 8, 2022, 5:30 PM, Emma J Harvat Hall • December,14, 2022, 5:30 PM, Emma J Harvat Hall • January 10, 2023, 5:30 PM, Emma J Harvat Hall ITEM NO. 13 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 14 ADJOURNMENT If you will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Preliminary COMMUNITY POLICE REVIEW BOARD MINUTES - SEPTEMBER 13, 2022 CALL TO ORDER: Vice -Chair Orville Townsend called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Orville Townsend, Stuart Vander Vegte (5:35 p.m.) MEMBERS ABSENT: Amanda Nichols STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Captain Denise Brotherton, CPRB Liaison — Councilor Laura Bergus, Deputy City Manager Redmond Jones RECOMMENATIONS TO COUNCIL (1) Accept CPRB #22-06 Report (2) Accept CPRB #22-07 Report CONSENT CALENDAR Motion by MacConnell, seconded by Jensen to adopt the consent calendar as presented. • Minutes of the meeting on 08/16/22 • ICPD Policy 304 (Conducted Energy Device) • ICPD Policy 1033 (Wellness Program) Motion carried 5/0. Nichols and Vander Vegte absent. NEW BUSINESS Select Nominating Committee — Mekies and MacConnell volunteered to be on the nominating committee. They will report back to the Board with recommendations for Chair and Vice Chair at the next meeting. Discuss CPRB Board Powers 8-8-8 B T "Orr its own motion by a simple maigrity vote of all members of the board the board may file a complaint. " - MacConnell stated she has some concerns about a Board member having the ability to submit a complaint on the Boards behalf based on videos seen on the news and on social media. She referred to a statement made by previous Chairman Selmer who said the Board could only respond to complaints that were filed by a citizen and if a Board member saw something they had a concern about, they could file a complaint individually as a citizen. She explained she is following two principles. First is to be fair and to protect the integrity of the Board. Second, she strongly objects to a complaint being filed based on something that was posted on social media or was seen on the news. She noted the Board has always stated that a complaint can only be filed by someone who was "in the vicinity and saw it with their own eyes." She pointed out if the Board can do this, then what is stopping the public from filing complaints based on social media and the news as well. She shared if this situation comes up in a future meeting, she will abstain to save the Board's integrity. Jensen stated she shares in MacConnell's concerns. She noted it is difficult for the Board to be objective when filing a complaint based on social media etc. Townsend shared that having worked with CPRB September 13, 2022 people with mental illness, he understands they are quite vulnerable, and as such are not going to file a complaint on their own. Townsend thinks removing this option from the ordinance may exclude these individuals. He said it is necessary for the Board to protect the vulnerable population. MacConnell reminded Townsend that individuals are invited to have a support person assist them in the process. Ford explained that the ordinance allows a board member to make a motion to file a complaint and putting it to vote by the Board. If approved, a board member will file a complaint on behalf of the entire board. He said to remove this power would require approval by the Board and then Council. Jensen said while the ordinance gives the Board the power to file a complaint, it is necessary to take into consideration of the concerns of all Board Members. Vander Vegte shared that after seeing a particular incident on social media and on the news, he felt it was necessary for the Board to further investigate the incident. He pointed out that in an instance where a person may have a criminal record, they are not likely to file a complaint on their own. He further noted it is important for the Board protect the public while also having a good relationship with the police officers who are here to serve and protect. If the Board were to file a complaint, it would allow members to view the body -cam video may provide more of the necessary information. Ford suggested perhaps the Board could suggest an amendment to the item in the ordinance to include specific parameters to be met prior to filing a report. Townsend asked MacConnell put some notes together regarding the potential ordinance amendment and to let the Board know when she has this complete so it can be added to a future agenda. OLD BUSINESS None PUBLIC DISCUSSIO None BOARD INFORMATION None STAFF INFORMATION Jensen expressed her desire to move the meetings back to the Helling Conference Room stating it is easier to hear other board members speak and it puts the members at a closer proximity to the big screen when viewing reports etc. This item will be added to the October agenda for further discussion. MEETING SCHEDULE and FUTURE AGENDAS • October 11, 2022 5:30 PM, Emma J. Harvat Hall • November 8, 2022, 5:30 PM, Emma J. Harvat Hall • December 13, 2022, 5:30 PM, Emma J. Harvat Hall • January 10, 2022 5:30 PM Emma J. Harvat Hall EXECUTIVE SESSION Motion by Jensen, seconded by Vander Vegte, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are CPRB September 13, 2022 made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried 6/0. Nichols absent. Open session adjourned at 5:50 p.m. REGULAR SESSION Returned to open session at 6:21 p.m. Motion by Jensen, seconded by Vander Vegte, to accept CPRB Report #22-06 as amended and forward to City Council. Motion carried 5/0. Mekies abstained. Nichols absent. Motion by Vander Vegte, seconded by Jensen, to accept CPRB Report #22-07 as amended and forward to City Council. Motion carried 6/0. Nichols Absent. ADJOURNMENT Moved by Mekies, seconded by Vander Vegte to adjourn the meeting at 6:25 p.m. Motion carried 6/0. Nichols absent. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2021 - 2022 •9/20/21 1011221 11/1/21 11/9/21 12/13/21 01/1122 02/08/22 03/08/22 04/08/22 04/20/22 05/10/22 06/14/22 07/12/22 08/16/22 09/13/22 NAME FORUM Ricky — ---- — — — •--- — — X X X X X X X Downing Melissa X X X O X X X Jensen Jerri X X X X X X X X X X X X X X X MacConnell Saul Mekies X X X X X X X X X X X X X X X Amanda X X X X X X X X O/E X X X X O/E O/E Nichols Theresa X X X X O O --- ••-- - -- --- - ---- f" Seeberger Orville X X X O/E x X X X X X X X X X X Townsend Stuart ---- — — •--- — —•• •--- ---• X X O/E O/E X O/E X Vander Vegte KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 September 13, 2022 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint # 22 - 06 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 22 - 06 (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 Chief's 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)(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 April 7, 2022. 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 June 1, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chief's report. The Board voted on July 12, 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 July 12, 2022, August 16, 2022, and September 13, 2022. Prior to the July 12, 2022 meeting, the Board had the opportunity to review the complaint and the Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and complainant. FINDINGS OF FACT: Complainant called police about a verbal altercation between him and employees at Hy Vee. He felt he had a dissatisfactory engagement with employees. Police were dispatched. The underlying basis for the altercation between the complainant and the store employees was unclear. When police arrived, complainant was unhappy with treatment of the complaint and how the police officers treated the complainant. These are the things that the complainant felt were not done according to procedure. ALLEGATION 1 — Neglect of Duty — Violation of ICPD Rules and Regs 315 Duty Responsibilities — Officers shall respond to requests for police assistance from members of the public. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion — The complainant alleged the officers involved were somehow neglectful in their duties in dealing with complainant's situation. "Both officers listened patiently to the Complainant voice his complaints about a private business, Hy-Vee. However, the officers determined that the employees did not assault or harass the Complainant, so there was no criminal act for the officers to investigate. One officer tried to explain that the situation was not a police matter, and would be best handled by filing a complaint with Hy-Vee management. The other officer told the Complainant the officer did not know how the officers could help the Complainant, and asked how they could help. The officers were called to the scene by Hy-Vee management — not by the Complainant. There is nothing to support the Complainant's allegations that the officers did not respond to a request for police assistance. After reviewing body cam footage, the Board felt there was no basis to the allegation. ALLEGATION 2 — Officer's business cards were not provided — Violation of ICPD Rules and Regs Rule 335.10 Department Business Cards — A personalized card may be used by officers. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion - The complainant alleged the officers involved did not have business cards with them. According to rule 335.10, Officers are not required to have business cards on hand, but it is considered the best practice. One of the officers did give their badge numbers and names to the complainant. Therefore, the Board felt there was no basis to the allegation. ALLEGATION 3 — Discourtesy — Violation of ICPD Rules and Regs 320.04 Courtesy — Members shall be courteous and orderly in their dealings with the public. Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for Board's Conclusion - The complainant alleged the officers involved were discourteous in the execution of their duty. Both officers were patient, professional and compassionate to the complainant. Both officers behaved courteously and were clearly interested in the complainant's well- being. The officers offered advice to the complainant on how to remedy the matter to his satisfaction. After reviewing body cam footage, the Board felt there was no basis to the allegation. COMMENTS: The Board agrees that carrying of business cards is best practice. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 September 14, 2022 To: City Council Complainant City Manager Chief of Police The officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #22-07 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-07 (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 the officer(s) and other the 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 Chief's 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 on/y 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)(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 May 19, 2022. 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 July 8, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. The Board voted on August 16, 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 (13)(1)(a). The Board met to consider the Report on July 8, 2022, August 16, 2022, and September 13, 2022. Prior to the July 12, 2022 meeting, the Board had the opportunity to review the complaint and the Police Chief's report. At the July 12, 2022 meeting, the board had the opportunity to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officer and the complainant. FINDINGS OF FACT: On 3/29/2022, the officer took a phone request for a theft and returned the call. The Complainant advised she had hired a mover in 2020 to move belongings from a location in Iowa City to a location in Texas, and pieces of her property were not delivered after paying for the services. The officer advised the Complainant that it was a civil matter and not criminal. The Complainant then left another message for the officer with the mover's contact information. The officer spoke with the mover and then contact the Complainant, advising her of the conversation with the mover, and suggested to her to work out the situation with the mover. On 4/13/2022, additional calls from the Complainant were received by a supervisor, who emailed the officer. The officer contacted the Complainant on 4/15/2022, and advised her if the Complainant wanted to make a fraud report, she should work with her bank. An additional call was received by a supervisor from the Complainant on 5/19/2022, an email was sent to the officer, who returned a call to the Complainant on 5/21/2022 when he returned from time off. The Complainant emailed the officer her bank statement, and the officer advised he would let her know if there was anything criminal. The officer determined the issue was still a civil matter. The officer had no unanswered contacts from the Complainant and all calls were recorded. The Cedar Rapids Police Department was originally contacted by the Complainant on 5/22/2020, she was advised the matter was civil and referred to the Iowa City Police Department as the reported transaction occurred in Iowa City. The Complainant did not contact Iowa City until 3/29/2022. On 6/8/2022, the Complainant was contacted by a supervisor from ICPD who advised the Complainant the situation was a civil matter. The supervisor discussed the reasons why with the Complainant, and case number was provided for her insurance company. COMPLAINANT'S ALLEGATION #1 — Neglect of duties Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: The Complainant alleges that the officer refused to help her regarding an alleged stolen credit card and stolen property, and failed to return emails or call the Complainant back. The officer returned every request he received to contact the Complainant. A review of the Information supports this conclusion. There may have been a misunderstanding on the part of the Complainant about what the police were doing, and she believed it to be criminal, however the Complainant had been advised on more than one occasion, the matter was civil and not criminal. The Complainant's claims were documented to assist her with the civil process. The officer's actions were not in violation of policy. COMMENTS: None TO: Chief Dustin Liston CD FROM: Sgt. Andrew McKnight - ``-- RE: April 2022 Use of Force Review DATE: September 23", 2022 The Iowa City Police Department policy requires an employee to complete a written report -for any��portable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is`�rtled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on September 23rd, 2022. It was composed of Sgt. McKnight, Sgt. J Fink, and Officer Colin Fowler. For the review of submitted reports in April, the Review Committee documented the following: ■ 52 individual officers were involved in 26 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. • Out of the 26 uses of force, 24 involved force being used against people. There were two animals euthanized by officers. • Out of the 52 officers involved in the 24 uses of force against people, 6 superficial injuries were sustained by suspects and 1 superficial injury was sustained by an officer. • No violations of policy were noted during this review period. • Out of the 24 uses of force against people, arrests were made 20 times (83%). • Mental health was identified by officers as being a factor in seven of the uses of force used against persons (29%). • Drugs and/or alcohol was identified by officers as being a factor in seventeen of the 24 uses of force against persons (70%). • Out of the 24 times force was used on persons, four were identified as white females (16%), eight were identified as white males (33%), thirteen were identified as black males (54%) and two were identified as black females (8%). ■ Out of the 24 uses of force, the average number of officers involved in the force was 2.3 • In total during this time, the ICPD had 5,187 calls for service with 24 calls for service resulting in force being used on persons. The highest level of force in each incident is reflected below along with the year-to-date: Force Used Aril 2022 Occurrences 2022 Year -to -Date Hands-on 8 37 1 6 0 3 4 5 9 14 Taser Display Taser Discharge OC Spray Deployment Firearm(s) Display Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/KickingStriking/Kicking 0 0 Animals Euthanized by Officer 2 6 Spec Response Team Callouts 0 1 Vehicle Pursuits 0 0 Officer Injuries 2 5 Suspect Injuries 6 10 Reports to U.S. DOJ 0 0 Total Use of Force incidents to date equal 78. Total calls for service in the same period equal 19,364. This results in a year-to-date use of force being deployed in .40% of our total year-to-date calls for service. Watch Date Occurred and Officers Involved Late Night Watch — Two Officers IOWA CITY POLICE DEPARTMENT Use of Force Report April 2022 Incident Incident type Arrest Force Used Number Made Y/N 4/1 1 2022002390 1 Domestic IFA April 2022 Use of Force Report I0 A CFTV cs iow♦ PULICE Officers responded to a business for reports of a fight. Before officers arrived, the male half of the altercation who had thrown a female subject to the ground, striking her repeatedly, took off in a vehicle. The vehicle was located, and the subject identified and arrested. When taken into custody, the subject attempted to walk away from an officer and an officer took hold of the subject's jacket, pulling him towards the officer. The subject tensed up and continued to pull away from the officer. An officer used their right and left hands to hold on to the subject's left hand attempting to pull it behind his back. The subject continued to pull away. An officer placed their left leg behind the subject's legs, using his momentum to place him on the ground. An officer used both hands to hold on to the subject's right arm, placing it into an arm bar behind his back. An officer told the subject to put both c April 2022 Use of Force Report hands behind his back or he would be sprayed with a chemical irritant. The subject complied and handcuffs were placed on each wrist. The subject was transported to the police department for processing for operating while intoxicated. While at the police department the subject refused multiple times to exit the vehicle. One officer took hold of the subject's left arm with their right hand and pulled him from the vehicle. The subject lunged and kicked an officer. An officer continued to hold on to the subject's left arm and another officer placed their arm under the subject's arm pit creating an underhook as they walked the subject to the police department. Once inside the subject continued to fight with officers and an officer took hold of the subject's shirt with both hands, then, using their left hand took hold of the subject's right shoulder pulling the subject to the ground. Another officer assisted by pushing the back of the subject's head towards the ground. The subject stood up and an officer pulled the subject's feet with their hands, causing the subject to sit on abench where he was secured with handcuffs. There were no injuries to the subject or officers. Late Night 4/2 2022002394 Fight Y Officers responded to a Watch — fight in progress at a local Three bar where it was reported Officers that a male and female were engaged in a fight outside. Officers arrived and observed a male and female fighting. One officer took hold of the subject's shoulders to prevent her from re- engaging in the fight. An officer placed their arms around the subject and lowered her to the ground. The subject stood up and attempted to run from officers. An officer wrapped their arms around the subject's legs and lowered her to the ground again. The subject continued to throw elbows at officers as well as continuing to kick out and c scream at officers. One officer placed their hand on the back of the subject's head, pushing down towards the ground. The 3 subject ignored all commands to stop fighting CD and continued to assault _ officers by kicking and striking towards officers. One officer sprayed the subject in the face with a chemical irritant and an officer took hold of the subject's left arm, placing it behind the subject's back so that another officer could take hold of her right arm, pull it behind her back April 2022 Use of Force Report so that another officer could place handcuffs on each wrist. One officer took hold of the subject's right arm with their left hand and escorted her to the squad car. The subject continued to pull away and -_ refused to walk to the in vehicle without dragging 9 her feet. At the squad car, =� the subject braced her feet in the vehicle door and refused to sit inside the vehicle. An officer pushed on the subject's upper body and head into the vehicle. There were no injuries to officers and superficial injuries to the subject. Late Night 4/3 2022002432 Armed Subject Y Officers responded to a bar Watch — for reports of men Three displaying handguns Officers outside the bar. Upon arrival, officers could see a handgun inside a vehicle occupied by several male subjects. The officers on scene drew their service weapons, two were kept at the low ready and one was pointed at the subjects as they exited the vehicle and were placed into handcuffs. Once the subjects were removed from the vehicle and secured the officers holstered their weapons. There were no injuries to the subject or officers. Evening 4/3 2022002473 Traffic Stop Y Officers located a subject Watch — on a traffic stop who was Two barred from driving. Officers Officers attempted to place the subject into handcuffs, April 2022 Use of Force Report i 2022002572 Evening 4/8 Fight Y Watch — One Officer April 2022 Use of Force Report but she continued to pull away from officers. Officers grabbed the subject's left arm with both hands. The subject attempted to retrieve items from her pocket and continued to pull away from officers. An officer told the subject to stop pulling away or she would be sprayed with a chemical irritant. The subject continued to pull away and was sprayed with a chemical irritant in the face. The subject then placed her hands behind her back and handcuffs were placed on both wrists. There were no injuries to officers or the sect. Officers responded to a bar for reports of a fight where the subject assaulted bar staff. An officer placed the subject under arrest, pulled their arms behind their back and placed handcuffs on each wrist. The subject was told to walk to a nearby police vehicle, but the subject planted his feet firmly on the ground and refused to walk. The subject was told by the officer that they would apply a wrist lock which would cause discomfort if the subject did not start walking. An officer applied a wrist lock, holding on to the subject's left arm with their left hand and twisting the subject's left wrist. The subject then complied and walked toward the vehicle without any other issues. There were no injuries to the subject or officers. ip Y Officers initiated a felony traffic stop on a vehicle containing three individuals suspected of being armed and being involved in a burglary. Officers had their sidearms drawn and one officer pointed his sidearm at the occupants as they exited the vehicle and were handcuffed. There were no injuries to the subjects or officers. :r Y April 2022 Use of Force Report Officers assisted the another law enforcement agency on a traffic stop. Officers asked the subject multiple times to exit the vehicle, but the subject refused. Two officers grabbed the subject's left arm and pulled the subject from the vehicle. The subject struck an officer with a closed fist on the officer's chest. An officer pushed the subject on the back towards the side of her vehicle, trying to pull the subject's hands behind her back. An officer placed their body near the subject's torso and placed their leg between the subject's legs in order to keep the subject in place for handcuffing. The subject urinated on the officer. An officer took hold of her hands and tried to pull them behind her back. The subject continued to Day Shift — One Officer Late Night Watch — Four Officers 4/10 1 2022002640 4/10 1 2022002630 Domestic Fight Y u April 2022 Use of Force Report hold on to the bed of the truck in order to resist the handcuffing process. An officer took hold of the subject's hand and the subject bit the officer. An officer drew their taser and announced that the subject was about to be tased, however, the officer holstered the taser without use. An officer was able to pull the subject' hands behind their back and complete the handcuffing process. There were no injuries to the subject and superficial injuries to an officer. Officers were dispatched to a residence for a domestic assault. While speaking to the suspect standing in the doorway, an officer took hold of the subject's right hand with their hands and pulled the subject out of the residence. The subject lowered himself to his knees and the officer pulled the subject's hands behind his back and placed handcuffs on each wrist. There were no injuries to the officers or subject. Officers responded to reports of multiple subject's fighting in an alleyway near a business. Upon arrival officers arrested several individuals. An officer took hold of a subject's left arm to apply handcuffs. The subject continued to pull away and an officer took hold of the subject's torso c•-) 4.J Day Shift — One Officer Late Night Watch — One Officer Evening Watch — One Officer 4/11 2022002655 Injured Animal 4/12 1 2022002685 1 Injured Animal 4/13 N N 2022002739 Warrant Y Service April 2022 Use of Force Report and pulled the subject to the ground. The subject continued to flail around. An officer sprayed a chemical irritant in the subject's eyes and an officer pulled the subject's arms behind their back and handcuffs were applied. Officers approached other subject's who were fighting instructing them to stop but the fighting continued. One subject was placed into handcuffs immediately and placed into a patrol vehicle. Another subject who had been fighting was located in a vehicle. Two officers took hold of her arm and pulled her from the vehicle. The subject continued to pull away from officers. One officer pulled the subject's left arm behind her back and another officer pulled her right arm behind her back and applied handcuffs. The subject was placed inside a patrol vehicle and transported to jail. There were no injuries to officers or subjects. Injured deer shot and killed by officer. Injured deer shot and killed by officer. An officer encountered a vehicle with a passenger who had an active arrest warrant. An officer drew their sidearm and kept the weapon at the low ready as they ordered the subject Evening 4/14 2022002762 Felony Stop Watch — One Officer Evening 4/14 2022002768 Trespass N Watch — One Officer c� �w April 2022 Use of Force Report out of the vehicle. The subject complied, exited the vehicle, put their hands behind their back and handcuffs were placed on each wrist. There were no injuries to officer or subject. Officers located a stolen vehicle previously broadcast by another law enforcement agency. The vehicle was driven by a subject known to have violated an order of protection earlier in the evening. The subject was also known to be a barred driver. Officers called the subject out of his vehicle and an officer pointed their service weapon at the subject. The subject followed all commands, walked towards officers, lowered himself to his knees and was handcuffed by officers without injury to the subject or officers. Officers responded to a residence for reports of a suspected prowler who had entered a crawl space. Officers positioned themselves outside the crawl space as a hatch opened. Officers gave commands for the subject to show his hands, one officer pointed their service weapon at the subject until he showed his hands. There were no injuries to officers or the subject. Late Night 4/15 2022002804 Trespass Y Officers Watch — reports Two was tre Officers busines advised also hal arrest v told the active a the sub, claims, from ofi ran dove blockec vehicle, turned 1 with cle took a f officer and pu; the pats subject and an subject chemic attempt subject down o to hold while ai handcu The sul transpc was set flushed subject wanted hospita transpc hospita hospita compla handcu An offic set of h the sub April 2022 Use of Force Report responded for of a subject who spassing at a local ;s. Dispatch I that the subject d multiple active tarrants. One officer subject that he had irrest warrants and ject refuted the and began to run 'icers. The subject in a path which was I by a police patrol The subject :owards an officer nched fists and fighting stance. One ackled the subject Shed him towards -ol vehicle. The continued to fight, officer sprayed the in the face with a al irritant. In an to control the an officer pushed n the subject's head the subject in place n officer placed ffs on each wrist. )ject was irted to jail where he an by EMS who out his eyes. The then stated that he to go to the I and an officer irted him to the I. Once at the I, the subject ined that his ffs were too tight. :er added another andcuffs to make ject more (J ct 65 c- C. a Evening 4116 2022002828 Watch — One Officer Evening 4117 2022002854 Watch — One Officer i Suspicious Activity Warrant Service comfortable. The subject continued to berate officers and refused to get back into the squad car after he had received his treatment. One officer took hold of the subject's right arm with both of their hands as another officer took hold of the subject's left side. One officer pushed the subject's upper body into the vehicle and then took hold of the subject's legs, placing them into the vehicle and closing the door as the subject continued to kick and spit at officers. The subject was transported to jail without injury to officers or the subject. Y Upon seeing a uniformed police officer, a subject took off running refusing to stop when directed to do so. An officer chased the subject who reached into his waistband and discarded an unidentified object. Once the officer caught up with the subject, they drew their sidearm and pointed it at the subject directing them to the ground. The subject complied, was handcuffed, and found to have an active arrest warrant. The subject was taken to jail without injury to the subject or officers. Y An officer observed a subject known to have an active arrest warrant and a history of assaulting April 2022 Use of Force Report officers. An officer approached the subject and told him he had an c' active arrest warrant. The subject dropped to his knees, placed his hands �•-- behind his back and an ti officer placed hand cuffs c onto each wrist. The subject was told to stand up but refused. An officer used their left hand to grab the subject's sweatshirt and lifted him to his feet. The subject was told to walk but refused, instead planting his feet on the ground, leaning his body weight back making it difficult for the officer to move the subject. An officer placed the subject's right thumb over the handcuffs using their left hand in an attempt to get the subject to walk forward. The officer also pulled the front of his sweatshirt to get him to walk but he continued to plant his feet and refused to walk. The subject began moving from side to side in an attempt to get away from the officer, so an officer placed their right leg behind the subject and pushed on the subject's chest, causing him to fall backwards, stopping him from continuing to flee. An officer took hold of the subject's shirt and leg using their right hand, picked the subject up and carried him to a waiting April 2022 Use of Force Report vehicle. The subject continued to kick out towards the officer striking the officer in the leg. The officer grabbed the front of the subject's sweater and lifted the subject to his feet. The officer used their left hand and grabbed the subject's sweatshirt with an underhook position and walked the subject to the car. The subject was placed into the vehicle and taken to jail. There were no injuries to the subject or officers. Evening 4/17 2022002860 OWI Y Three officers responded Watch — to reports of a driver in a Three vehicle striking parked cars Officers in a parking lot. Upon arrival an officer located an intoxicated subject in the driver's side of his vehicle. The officer instructed to the subject to exit the vehicle, but he refused. An officer leaned into the vehicle and unlocked the door. An officer took hold of the subject's left arm with their right hand, but the subject pulled away, refusing to exit the vehicle. Another officer took hold of the subject's left wrist and began pulling him out of the vehicle, but the subject continued to pull away. An officer reached into the vehicle to take hold of the subject and the subject bit the officer. An officer sprayed the subject in the face and another officer attempted to pull the April 2022 Use of Force Report subject out of the vel from the passenger The subject lunged towards an officer ar officer drew their tas their pocket, pointinc towards the subject, placing the dot on hi torso. The subjects back on to the seat. officer placed their h on the subject's left i and pulled him from vehicle onto the grOL Another officer place knee on the small of back to keep him on ground while anothe officer pulled the sut arms behind his bac placed handcuffs on each wrist. There w injuries to the officer the suspect receivec superficial injuries. Day Watch 4/18 2022002872 Mental Crisis N Officers responded t — Two residence for reportE Officers female subject who I her wrists with an unidentified object. arrival, officers locate female inside a bath The female attemptE -: hold the door shut, c could see the femalE was bleeding from h w arms. There was bl( 4� other areas of the ' bathroom. Officers t( hold of the subject's and right arms and c her out of the bathro away from the razor she had been using herself. The subject the floor crying as of April 2022 Use of Force Report hicle side. id an er from i it at An ands Nrist the and. :d their his the )ject's k and to ere no s and oa ;ofa iad cut Upon ad the room. .d to ifficers who er )od in )ok left lulled om that to cut sat on ficers Late Night utilized de-escalation techniques until the subject received medical treatment. There were no injuries to the officers or _subject. Officers attempted to 4/23 2022002991 Suspicious Y Watch — Activity identify a subject in a local Two bar and the subject Officers repeatedly refused to produce identification and attempted to run from officers. An officer took hold of the subject's left arm to prevent him from running but he broke free from the officer's grip and continued to flail around in an attempt to pull away from the officer. One officer pushed the subject up against a nearby wall, and an officer pulled both of the subject's arms behind his back, walking him towards the exit. Once outside, the subject continued to attempt to run from officers. One officer - maintained control of the subject's arms by holding on to them as the officer C,1 told the subject to get on the ground. The subject refused to comply so one officer tripped the subject by sweeping his leg, rig - directing the subject to the ground while holding on to his arms. Another officer pushed the subject using his forward momentum on to direct him to the ground. Once on the ground an officer pulled the subject's arms behind his back and April 2022 Use of Force Report placed handcuffs on each wrist. There were no injuries to the officers and superficial injuries to the subject. Officers were dispatched to Late Night 4/23 2022003001 Weapons Y Watch — Offense reports of a subject who One Officer had pointed a gun at someone. An officer observed a male subject with a gun in his hand as the subject began to walk away from the officer. The subject continued to ignore officer commands to stop, instead electing to walk away with his hand inside his waistband. The officer drew their service weapon, pointed it at the subject's torso and told him to place his hands above his head. The officer could see the frame of a weapon in his waistband and continued to direct him to place his hands above his head. The subject complied and an officer placed handcuffs on the subject's wrists. There were no injuries to the subject or officers. Evening 4/26 2022003101 Domestic Y Officers responded to Watch — Abuse reports of a fight in a Three residence where a female Officers could be heard pleading for the male subject to stop touching her. A male subject ran from officers ` ignoring their commands to stop. An officer chased the subject and grabbed on to the bottom of his shirt, however the subject broke : the officers grasp and continued running. An April 2022 Use of Force Report officer caught subject, took I hands with thi pulled his arrr back and pla( subject into N While walking car, the subje continuously i his pockets ig commands to subject contir away from off attempted to I while he was towards the v subject contir his body and from officers. used their hai to the subject they escorted vehicle. The stopped walk) limp, causing have to lift thf the ground. ( placed their h the subject's; attempt to lift ground and it The subject k bracing his le vehicle preve from placing I vehicle. Offic of the subject preventing thi kicking out to, and placing h _ vehicle. An c fell off and in r - to retrieve the subject contir out and be cc officers rp aye April 2022 Use of Force Report up with the hold of his air hands, is behind his ,ed the andcuffs. to the squad ct ,eached into noring stop. The cued to pull ricers and Dite an officer walking ehicle. The cued to twist pull away Officers ids to hold on is torso as him to the subject then ing and went officers to subject off officers ands under arms in an him off the ito a vehicle. icked out gs against the nting officers iim into the :ers took hold 's feet, a subject from wards officers is feet into the ,fficers BWC their attempts camera the cued to kick imbative. An d the subject Day Shift — Two Officers Evening Watch — Two ,,) Officers ca n.� 4/26 1 2022003164 1 Mental Crisis 4/29 1 2022003180 Trespass in the face with a chemical irritant and the subject turned away, burying his face in the back seat. Officers were able to shut the door and transport the subject. There were no injuries to the officers and superficial injuries to the subject. N Officers were assisting a case worker with a client who has serious mental illness. During ambulance transport and at the hospital the subject continuously attempted to grab at staff members and equipment. The subject attempted to punch a paramedic and an officer took hold of the subject's right hand, pulled the subject's arm behind his back. Another officer held the other arm and placed handcuffs onto each wrist. At the hospital the handcuffs were removed but the subject began to be combative, punching out towards hospital staff. Officers held the subject's arms while staff placed him into soft restraints. There were no injuries to officers or the subject. Y Officers responded to a business for reports of a person who was trespassing. Dispatch also advised that the subject had active arrest warrants. Officers told the subject that he was under arrest and he began to move April 2022 Use of Force Report away and run from officers. One officer placed their left hand over the subject's right shoulder and took hold of the subject's right hand with their right hand. The subject tensed up and pulled away. One officer wrapped both of their arms around the subject and lowered him to the ground. The officer kept their left arm on the subject's back keeping downward pressure on the subject to ensure that he did not get up off the ground. An officer placed their right hand on his left shoulder, grabbed his left wrist with their left hand and pulled his left arm behind his back. An officer held his arms behind his back and placed handcuffs on each wrist. There were no injuries to the subject and superficial injuries to an 2022003181 officer. Officers performed a traffic Evening 4/29 Traffic Stop Y Watch — stop on a driver who was Two found to be in possession Officers of illegal substances, a toy gun, and a suspended license. The driver was told to exit the vehicle so that a search of the vehicle could be conducted. The subject exited the vehicle and started to walk away from officers. One officer F" took hold of the subject's right wrist to prevent him from walking away and the subject pulled away and tried to break the officer's April 2022 Use of Force Report grip. Doing this caused 1 subject to fall. Once on 1 ground an officer pulled 1 subject's right wrist behir his back and another officer pulled the subject left wrist behind his back placing handcuffs on ea( wrist. There were no injuries to the officers an superficial injuries to the subject. Late Night 4/30 2022003188 Domestic Y Officers responded to Watch — reports of a domestic figl Five in a residence. Upon Officers arrival, officers heard tw( gun shots coming from tl residence. Officers surrounded the residenc and had their sidearms, shotguns, and less letha weapons presented in public view. The subjecl exited the residence, oni officer pointed their shotgun at the subject's torso, while the subject followed all commands. Handcuffs were placed c to each wrist and officer: re holstered their weapo The subject was transported to jail. Then were no injuries to the subject or officers. CD r April 2022 Use of Force Report he he he he id s :h J It ie in Is. Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 3rd Quarter 2022 DATE: October 4, 2022 Attached you will find the IAIR/CPRB 2022 3rd quarter summary report for the Iowa City Police Department Internal Affairs/Community Police Review Board investigative file. There were two non -criminal investigations involving five ICPD employees that were received externally through on-line CPRB complaints. These two CPRB complaints remain under investigation. There were two internal non -criminal complaints that were initiated by supervisory staff on three employees for improper actions and an improper search. These investigations are still active. cc: CPRB Sgt. Doug Hart [AIR / CPRB Summary Dui NOW 22-10 CPRB NOW Date and TO of Incident location of innddetnt Assigtiad Date Type of Investilialion Res011108 0170 of Colviaint 22-09 7/2/2022 23:17 100 S Clinton 7/5/2022 Improper Conduct External 22-09 7/2/2022 23:17 100 S Clinton 7/5/2022 Improper Conduct External 22-09 7/2/2022 23:17 100 S Clinton 7/5/2022 Improper Conduct External 22-09 7/2/2022 23:17 100 S Clinton 7/5/2022 Improper Conduct External Dut Nuoier 22-11 CPRB Numher Date and TM of Incident Location of Incident As*od Date Type of Investigation Resolution Origin Of Ea Inp fault 8/21/2022 1:34 N Dubuque St 8/22/2022 Improper Action Internal 8/21/2022 1:34 N Dubuque St 8/22/2022 Improper Action Internal R Nunber 22-12 IB NMMW Date and Tine of Incident location of Incdent Asfted Date Type of Investigation Resolution [IrigN of CWnlplain Wednesday, October 5, 2022 Page 1 of 2 9/5/2022 22:00 600 blk Riverside Dr 9/6/2022 Improper Search Internal DDR22-13 CPRR wmw Date and TM of fndw laeatlon of fooldetit Assklad Date Typo of luRsUgabon Rasa ffu origin of WOO 22-10 9/17/2022 19:01 Hwy 6 E/Sturgis Corn 9/20/2022 Improper Conduct External Wednesday, October 5, 2022 Page 2 of 2 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), consisted of five members appointed by the City Council. In February of 2022, the Board increased to seven members as per ordinance #22-4873. 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 2022 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY22 the Board held fifteen meetings which included two special meetings, and one Community Forum. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports, and various Training Bulletins. The Department also 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 In April of 2022 the Board held its fourteenth Community Forum required by the City Charter. The forum was held electronically due to COVID-19 restrictions. Board members introduced themselves and shared a summary of the Board duties. No correspondence was received from the public. Chairperson Nichols shared recommendations that the Board forwarded to City Council for adoption which included expanding the board from five to seven members, allowing a 21-day period for a complainant to respond to the Chief's Report, and the statute of limitations to file a complaint was increased from 90 days to 180 days. The forum was then opened to the public. There were three members of the public that sent questions to the Board via Zoom Chat. Topics included the importance of building trust between the Police Department and the community, the addition of a "non -police" liaison to the Police Department to address mental health and other social issues, and the number of "sustained" vs "non -sustained" complaints. Board Members In October 2021 officers were nominated with Amanda Nichols as Chair and Theresa Seeberger as Vice -Chair. Due to the resignation of Theresa Seeberger, Orville Townsend was nominated as Vice Chair in March 2022. Melissa Jensen was appointed in April 2022 to fill the unexpired term of Theresa Seeberger. Ricky Downing and Stuart Vander Vegte were appointed to the board in April in response to the amendment of the ordinance increasing the number of members from five to seven. CPRB Annual Report FY 2022 — DRAFT 10/01 /2022 —1 COMPLAINTS Number and Type of Allegations Seventeen complaints (21-01, 21-02, 21-03, 21-04, 21-05, 21-06, 21-07, 21-08, 21-09, 22-01, 22-02, 22-03, 22-04, 22-05, 22-06, 22-07, 22-08) were filed during the fiscal year July 1, 2021 - June 30, 2022. Fourteen public reports were completed during this fiscal period (20-02, 20-05, 20-06, 20-07, 20-08, 21-01, 21-02, 21-03, 21-07, 22-01, 22-02, 22-03, 22-04, 22-05). Six complaints were summarily dismissed (21-04, 21-05, 21-06, 21-08, 21-09, 22-08). Two complaints filed in FY22 were pending before the Board (22-06, 22-07). ALLEGATIONS Complaint #20-02 Allegation 1 - Excessive Use of Force. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED Board's Findings: Allegation 1 - NOT SUSTAINED Complaint #20-05 Allegation 1 - Excessive Use of Force. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED Board's Findings: Allegation 1 - NOT SUSTAINED Complaint #20-06 Allegation 1 - Excessive Use of Force. Chief's Report Findings: Allegation 1 - NOT SUSTAINED Board's Findings: Allegation 1 - NOT SUSTAINED Complaint #20-07 Allegation 1 - Excessive Use of Force. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED Board's Findings: Allegation 1 - NOT SUSTAINED Complaint #20-08 Allegation 1 - Excessive Use of Force. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED Board's Findings: Allegation 1 - NOT SUSTAINED CPRB Annual Report FY 2022 - DRAFT 10/01/2022 - 2 Complaint #21-01 Allegation 1 — The reason for the two "police vans" to be called to investigate the accident. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED 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. Allegation 2 — Other person involved in the accident was immediately allowed to leave. Chiefs Report Findings: Allegation 2 — NOT SUSTAINED 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. Allegation 3 — First two officers couldn't/wouldn't explain the purpose of the papers. Chiefs Report Findings: Allegation 3 — NOT SUSTAINED 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. Allegation 4 — P1 was told he/she would be arrested if he/she didn't sign the papers. The papers were taken away from her/him so that he/she could not sign the papers suggesting Officers never had any intention of letting him sign them. Chief's Report Findings: Allegation 4 — NOT SUSTAINED 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. Allegation 5 — The 3rd officer had his hand on the holster of his gun while talking to (Man #1). Chief's Report Findings: Allegation 5 — NOT SUSTAINED Board's Findings: Allegation 5 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Complaint #21-02 Allegation 1 — Harassment Chiefs Report Findings —Allegation 1 — NOT SUSTAINED 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. Allegation 2 — Denial of Mental Health Status (response to person in crisis). Chiefs Report Findings: Allegation 2 — NOT SUSTAINED 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. CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 3 Complaint #21-03 Allegation 1 — Excessive use of force Chief's Report Findings: Allegation 1 — NOT SUSTAINED 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. Complaint #21-07 Allegation 1 — Improper/Unlawful Search Chiefs Report Findings: Allegation 1 — NOT SUSTAINED 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. Complaint #22-01 Allegation 1 — Violation of Rules and Regulations 315 Duty and Responsibilities Chief's Report Findings: Allegation 1 — NOT SUSTAINED 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 - Complaint #22-02: Allegation 1 — Excessive Force Chiefs Re ort Findin s: Allegation 1 — NOT SUSTAINED 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. Allegation 2 — False Arrest Chiefs Report Findings: Allegation 1 — NOT SUSTAINED 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. Complaint #22-03 Allegation 1 — Neglect of duty Chief's P.eport Findings: Allegation 1 — NOT SUSTAINED 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. Complaint #22-04 Allegation 1 — Bias -based policing CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 4 Chiefs Report Findings: Allegation 1 — NOT SUSTAINED 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. Complaint #22-05 Allegation 1 — Discourtesy Chief's Report Findings: Allegation 1 — NOT SUSTAINED 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 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 10 Level b Interview or meet with complainant 5 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 5 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 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 Chiefs 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 twenty allegations listed in the fourteen complaints for which the Board reported, none were sustained. Comments The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in eight of the reports: Complaint #20-02 The Board remains divided in its opinions on this incident, even after lengthy deliberations. Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the Board that the department has invested in improved technology to ensure messages reach everyone in any future crowd incidents There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City Code Section 8-8-3B. However, the Board did not have access to the videos of the incident until after the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this CPRB Annual Report FY 2022 — DRAFT 10/01 /2022 — 5 section of the city code be changed so that the Board has 180 days from the time it receives access to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the incident. For this complaint, the Board's concerns are addressed here in the comments. It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing "intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as "chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin." (htt s:l/www.usatoda .com/stor /news/factcheck/2020/06/06/fact-check-its-true-tear- as-chemical- wea on-banned-war/3156448DD11) It is because of this well -established harm that "the 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war shortly after World War I." This ban was strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot control agents in warfare and went into effect in 1997. If an officer believes that he/she must cause harm to protect the public, that should be a solemn thing. However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy munitions, and the laughter, insulting and dehumanizing comments, and remarks about how "amazing" and "neat" the gas was gave the appearance that some officers were detached from the harm they were causing. This leads to questions and concerns about the culture of the department. While the changes made to the Use of Force Policy following this incident are beneficial steps that will hopefully prevent a recurrence of ICPD involvement in teargassing non -combative protesters, the internal climate portrayed in the body -cameras of officers involved in this incident should be addressed. Complaint #20-05 The Board remains divided in its opinions on this incident, even after lengthy deliberations. Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the Board that the department has invested in improved technology to ensure messages reach everyone in any future crowd incidents There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City Code Section 8-8-3B. However, the Board did not have access to the videos of the incident until after the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this section of the city code be changed so that the Board has 180 days from the time it receives access to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the incident. For this complaint, the Board's concerns are addressed here in the comments. It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing "intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as "chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin." (htt s://www.usatoda .com/star /news/factcheck/2020/06106/fact-check-its-true-tear- as-chemical- weapon-banned-war/3156448001 /) CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 6 It is because of this well -established harm that "the 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war shortly after World War I." This ban was strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot control agents in warfare and went into effect in 1997. If an officer believes that he/she must cause harm in order to protect the public, that should be a solemn thing. However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy munitions, and the laughter, insulting and dehumanizing comments, and remarks about how "amazing" and "neat" the gas was gave the appearance that some officers were detached from the harm they were causing. This leads to questions and concerns about the culture of the department. While the changes made to the Use of Force Policy following this incident are beneficial steps that will hopefully prevent a recurrence of ICPD involvement in teargassing non -combative protesters, the internal climate portrayed in the body -cameras of officers involved in this incident should be addressed. Complaint #20-06 The Board remains divided in its opinions on this incident, even after lengthy deliberations. Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the Board that the department has invested in improved technology to ensure messages reach everyone in any future crowd incidents There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City Code Section 8-8-3B. However, the Board did not have access to the videos of the incident until after the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this section of the city code be changed so that the Board has 180 days from the time it receives access to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the incident. For this complaint, the Board's concerns are addressed here in the comments. It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing "intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as "chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin." (htt s://www.usatoda .Gom/stor /news/factcheck/2020/06/061fact-check-its-true-tear- as-chemical- wea pon-ban ned-war/3156448001 /) It is because of this well -established harm that "the 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war shortly after World War I." This ban was strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot control agents in warfare and went into effect in 1997. If an officer believes that he/she must cause harm in order to protect the public, that should be a solemn thing. However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy munitions, and the laughter, insulting and dehumanizing comments, and remarks about how "amazing" and "neat" the gas was gave the appearance that some officers were detached from the harm they were causing. This leads to questions and concerns about the culture of the department. While the changes made to the Use of Force Policy following this incident are beneficial steps that will hopefully prevent a recurrence of ICPD involvement in teargassing non -combative protesters, the internal climate portrayed in the body -cameras of officers involved in this incident should be addressed. Complaint #20-07 CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 7 The Board remains divided in its opinions on this incident, even after lengthy deliberations. Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the Board that the department has invested in improved technology to ensure messages reach everyone in any future crowd incidents There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City Code Section 8-8-313. However, the Board did not have access to the videos of the incident until after the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this section of the city code be changed so that the Board has 180 days from the time it receives access to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the incident. For this complaint, the Board's concerns are addressed here in the comments. It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing "intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as "chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin." (htt s://www,usatoda .com/sta /news/factcheck/2020106/00i/fact-check-its-true-tear- as-chemical- weapon-banned-war/31564A80011) It is because of this well -established harm that "the 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war shortly after World War I." This ban was strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot control agents in warfare and went into effect in 1997. If an officer believes that he/she must cause harm in order to protect the public, that should be a solemn thing. However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy munitions, and the laughter, insulting and dehumanizing comments, and remarks about how "amazing" and "neat" the gas was gave the appearance that some officers were detached from the harm they were causing. This leads to questions and concerns about the culture of the department. While the changes made to the Use of Force Policy following this incident are beneficial steps that will hopefully prevent a recurrence of ICPD involvement in teargassing non -combative protesters, the internal climate portrayed in the body -cameras of officers involved in this incident should be addressed. Complaint #20-08 The Board remains divided in its opinions on this incident, even after lengthy deliberations. Consensus was not reached, and the Board voted 3/2 to "Not sustain" this complaint. It was concerning that the dispersal order could not be heard in 2 of the 5 videos, as this indicates that a large portion of the crowd of protesters was unable to hear the order. The Police Chief has told the Board that the department has invested in improved technology to ensure messages reach everyone in any future crowd incidents There was discussion about the Board filing its own complaint of discourtesy, as allowed by Iowa City Code Section 8-8-3B. However, the Board did not have access to the videos of the incident until after the 180-day deadline to file a complaint had passed. For this reason, the Board recommends that this section of the city code be changed so that the Board has 180 days from the time it receives access to audio/video evidence of an event to file its own complaint, rather than 180 days from the time of the incident. For this complaint, the Board's concerns are addressed here in the comments. It is indisputable that tear gas causes harm. It irritates cells and activates pain receptors, causing "intense burning pain in the eyes, throat, skin and mucous membranes. Tear gas can also cause CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 8 exaggerated muscle cramping in the eye and sensitivity to light that leads to eye closure. Other effects of tear gas include a difficulty in swallowing, drooling and severe burning in the mouth. In some cases, it can cause an asthma attack or swelling in the area that could potentially lead to asphyxiation or death." The Centers for Disease Control and Prevention defines tear gas, or riot control agents, as "chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin." (htt s://www.usatoda .com/stor /news/factcheck/2020/06/06/fact-check-its-true-tear- as-chemical- weapon-banned-war13156448t101 /) It is because of this well -established harm that "the 1925 Geneva Protocol categorized tear gas as a chemical warfare agent and banned its use in war shortly after World War I." This ban was strengthened by the U.N.'s Chemical Weapons Convention (CWC) that outlawed the use of riot control agents in warfare and went into effect in 1997. If an officer believes that he/she must cause harm in order to protect the public, that should be a solemn thing. However, some of the Officers in the tape seemed to be excited to have the opportunity to deploy munitions, and the laughter, insulting and dehumanizing comments, and remarks about how "amazing" and "neat" the gas was gave the appearance that some officers were detached from the harm they were causing. This leads to questions and concerns about the culture of the department. While the changes made to the Use of Force Policy following this incident are beneficial steps that will hopefully prevent a recurrence of ICPD involvement in teargassing non -combative protesters, the internal climate portrayed in the body -cameras of officers involved in this incident should be addressed. Complaint #21-01 Prior to issuing a citation, an officer would preface the conversation with words to the effect: This is a notice to appear in court on [date] and plead not guilty or guilty. Signing this does not mean you are guilty of anything. The law states you have to sign this citation. In addition, prior to giving the citation consider giving a brief statement of facts supporting it. For instance, in a case like this, say two independent witnesses said you pulled out in front of the other vehicle. Perhaps tell subject they can fight this in court. Double check things like violations of SR-22 before telling someone that they are required to have SR-22 Insurance. Officers should attempt to refrain from resting hands-on holsters/guns/stun gun/ other weapons when in the public view. While these stances are normal to officers who carry a gun every day, many people have never even touched a gun and may feel intimidated or even threatened when an officer has his/her hand on a gun. This does not apply to situations when an officer believes, per recognized procedure, that he/she may need to use a weapon. Complaint #21-03 While most 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 CPRB Annual Report FY 2022 — DRAFT 10/01 /2022 — 9 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. Complaint #21-07 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. 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 one 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 14 complaints covered by the FY22 annual report a total of 20 officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the eleven complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Age: (4) 18-25, (5) 26-35, (1) 36-45, (1) 46-55, (1) 56-64, 65+ Disability: (1) Physical (2) Mental (8) None Annual Househoid Income: (2) 100K 75-99K 50-75K 25-49K (7) Under 25K Gender: (10) Female (1) Male (1) Other Sexual Orientation: (5)LGBTQ (2) Heterosexual (3) Other Ethnic Origin: CPRB Annual Report FY 2022 — DRAFT 10/01/2022 —10 (1) Black/African-American (2) Hispanic (1) Asian/Pacific Islander (7) White/Caucasian (2) Other Were you born in the United States? (9) Yes (2) No Religion: (1) Muslim (3) None Marital Status: (2) Married (9) Single * Information is reported as presented by the person completing the form. BOARD MEMBERS Amanda Nichols, Chair Orville Townsend, Vice -Chair Theresa Seeberger Melissa Jensen Jerri MacConnell Saul Mekies Ricky Downing Stuart Vander Vegte CPRB Annual Report FY 2022 — DRAFT 10/01/2022 — 11 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS September 2022 Date Description None October 11, 2022 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #22-09 Filed: Chief's report due (90 days): Chief's report filed: Complainant's response to the Chief's report (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): CPRB meeting #1 (Review): CPRB meeting #2 (Review): -------------------------- CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Com,pfaint #22-10 Filed: Chief's report due (90 days): Chief's report filed: Complainant's response to the Chief's report (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB report due (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) 07/04/22 10/17/22 ??/??/22 ??/??/22 ??/??/22 ??/??/22 ??/??/22 09/18/22 12/17/22 ??/??/22 ??/??/22 ??/??/22 ??/??/22 ------------ ??/??/22 TENTATIVE MEETING SCHEDULE November 8, 2022 December 13, 2022 January 10, 2022