HomeMy WebLinkAbout03-14-2023 CPRB CommissionMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
March 9, 2023
TO:
CPRB Members
FROM:
Tammy Neumann
RE:
Board Packet for meeting on TUESDAY, MARCH 14, 2023
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 03/14/2023
• Minutes of the meeting on 02/14/2023
• Office Contacts —February 2023
• Complaint Deadlines
AGENDA
COMMUNITY POLICE REVIEW BOARD
TUESDAY, MARCH 14, 2023 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on February 14, 2023
ITEM NO. 3 NEW BUSINESS
• Prevention of repeat violations
• Use of force report discussion
• Introduction of Iowa City Police Department Lt. Jeff Fink, Office of Professional
Standards
ITEM NO. 4 OLD BUSINESS
Community Forum Discussion
ICPD Mission Statement Discussion
ITEM NO. 5 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. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• April 11, 2023, 5:30 p.m. - Helling Conference Room
• April 20, 2023, 5:30 p.m. - Community Forum, Iowa City Library, Room A
• May 9, 2023, 5:30 p.m. - Helling Conference Room
• June 13, 2023, 5:30 p.m. - Helling Conference Room
ITEM NO. 9 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. 10 ADJOURNMENT
Ifyou will need disability -related accommodations to participate in this program/event, please contact Tammy
Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow
sufficient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — FEBRUARY 14, 2023
CALL TO ORDER: Chair Jam MacConnell called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Ricky Downing, Jerri MacConnell, Saul Mekies, Amanda Remington (5:45 pm),
Orville Townsend, Stuart Vander Vegte (5:40 pm)
MEMBERS ABSENT: Melissa Jensen
STAFF PRESENT: Staff: Tammy Neumann, Legal Counsel: Patrick Ford
Iowa City Police Chief Dustin Liston
City Council Member Laura Bergus, CPRB Liaison
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Public Report#22-10.
CONSENT CALENDAR
Motion by Jensen, seconded by Vander Vegte, to accept the consent calendar as presented.
• Minutes of the meeting on January 10, 2023.
• ICPD Use of Force Review/Report— July 2022
NEW BUSINESS
Iowa City Police Department Mission Statement Discussion — Chief Liston shared that while the Iowa City
Police Department currently has a mission statement, he would also like to implement a list of core values. He
explained the core values will serve as the guiding principles for the department and most larger police forces
have a list of core values included with their mission statements. Liston will be seeking input from various
resources and is asked the CPRB for their ideas as well. He shared with the board some ideas provided by
staff. There were no comments from board members. This item will remain on the agenda as an old business
topic for future meetings until the gathering information phase is complete.
OLD BUSINESS
Discussion of Community Forum: CPRB reviewed the draft Community Forum packet. It was suggested that
the date and time be moved to the top of the flyer. Neumann reminded board members that a topic was
needed for the forum. Board members decided to make the following the standard topic for this and future
Community Forums: "Communicating with the CPRB — Who We Are and What We Do." Neumann will make
those changes and begin the distribution process of flyers and news releases.
PUBLIC DISCUSSION
None
BOARD INFORMATION
Board members and staff asked that the following items be added to New Business for the March 14, 2023
meeting.
• Prevention of repeat violations - Mekies
• Use of Force Report discussion — MacConnell
Introduction of Iowa City Police Department Lt. Jeff Fink, Office of Professional Standards — Chief
Liston
CPRB Meeting Minutes
February 14, 2022
Page 2
STAFF INFORMATION
None
MEETING SCHEDULE and FUTURE AGENDAS
• March 14, 2023, 5:30 PM Helling Conference Room
• April 11, 2023, 5:30 PM Helling Conference Room
• April 20, 2023, 5:30 PM, Community Forum, Iowa City Public Library, Meeting Room A
• May 9, 2023, 5:30 PM, Helling Conference Room
Ricky Downing will be absent from the May 9, 2023 meeting.
EXECUTIVE SESSION
Motion by Vander Vegte, seconded by Remington, 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 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 (Jensen absent). Open session adjourned at 5:54 p.m.
REGULAR SESSION
Returned to open session at 6:03 p.m.
Motion by Remington, seconded by Townsend, to accept CPRB Public Report #22-10 as amended and
forward to City Council.
Motion carried 6/0 (Jensen absent)
ADJOURNMENT
Moved by Vander Vegte, seconded by Remington, to adjourn the meeting at 6:05 p.m.
Motion carried 6/0 (Jensen absent)
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COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
DATE: February 15, 2023
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #22-10
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #22-10 (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(13)(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(13)(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 September 18, 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 November 17, 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 complainant
did not respond.
The Board voted on January 10, 2023 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 December 13, 2023 (deferred to the January meeting),
January 10, 2023 and February 14, 2023.
Prior to the December 13, 2022 meeting, the Board had the opportunity to review the complaint, 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 the Complainant.
AMAMI ta9121i[9il
At 6:56 pm on September 17, 2022, a squad car containing two officers, pulled into the Kum & Go
parking lot at 1310 S. Gilbert St. and parked at the east end of the lot. These officers pulled into the lot
to complete paperwork on an unrelated issue, and had no involvement with the Complainant.
Officer A, westbound on Highway 6, observed a brown Chevy Impala with heavily tinted windows
quickly turn onto Gilbert, right on Highland and into the Kum & Go parking lot. The Officer queried the
vehicle plate and then turned around to return to the area. A short time later, Officer A, entered the
parking lot from Highland and observed the Chevy Impala, exiting the parking lot onto Third St. without
stopping, turn left on Gilbert without coming to a complete stop, and right onto Highway 6 without
coming to a complete stop. The Officer followed the vehicle, initiating a traffic stop on Highway 6, just
west of Gilbert. The Complainant did not immediately pull over and continued to Sturgis Corner, where
he pulled into the parking lot of Coldwell Banker.
Officer A approached the vehicle and made contact with the Complainant. The Officer noted that the
Complainant had all the windows down despite that it was raining. Officer A advised the Complainant
the reason for the stop, noted a strong odor of marijuana, and had the Complainant exit the vehicle.
Officer B arrived as a backup, and stood by while Officer A searched the Complainant and then the
vehicle, locating to small amount of marijuana under a pillow on the driver seat. The Complainant was
placed under arrest, searched again, and placed him in the back of the patrol car. Officers A and B
finished searching the vehicle without locating any additional evidence. The Complainant was
transported to the Johnson County Jail on a charge of Possession of a Controlled Substance.
COMPLAINANT'S ALLEGATION #1 — Violation of Policy on Integrity. The Officer lied about the
reason for the traffic stop and planted evidence.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A planted evidence. The
body camera footage clearly shows the Officers searching the Complainant's vehicle, Officer A
moving a pillow on the driver's seat and discovering a small quantity of what is presumed to be
marijuana, which Officer A then picks up and examines to confirm what it is. Officer A lays it
back down until the officer is able to secure it in an evidence bag. Both officers also detected a
strong odor of marijuana coming from the vehicle. Officer A noted the Complainant smelled of
marijuana when the Complainant got out of the vehicle.
COMPLAINANT'S ALLEGATION #2 — NCIC Queries. The Officer queried the vehicle license plate
and registered owner's driver license prior to observing documented moving violations.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's conclusion: There is no evidence that Officer A was randomly querying
vehicle and driver information. Officer A did run the vehicle and the Complainant's information
after observing the possible unlawful tint on the windows. Officer A observed multiple traffic
violations prior to stopping the vehicle, all of which were captured on surveillance and traffic
video. The tint of the vehicle windows is also observed on video.
COMMENTS: None
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
FEBRUARY2023
Date Description
None
March 14, 2023 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #22-11
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)
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 Complaint #22-12
Filed:
Chief's report due (90 days):
Chief's report filed:
Complainant's response to the Chiefs report
(21 days to respond, no response received)
Ghi f/G.ty Man..geF F ,.ns to tl;e
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)
11 /15/22
2/13/23
2/10/23
3/3/23
??/??/23
03/14/23
??/??/23
O6/01 /23
11/15/22
2/13/23
2/10/23
3/3/23
??/??/23
03/14/23
??/??/23
O6/01 /23
March 14, 2023 Mtg Packet
CPRB Complaint #23-01
Filed:
Chief's report due (90 days):
Chief's report filed: (Memo to dismiss)
Complainant's response to the Chiefs 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 Complaint #23-02
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)
01 /11 /23
04/11/23
02/15/23
??/??/23
03/14/23
??/??/23
??/??/23
02/06/23
05/07/23
??/??/23
77/?7/77
??/??/23
??/??/23
??/??/23
??/??/23
March 14, 2023 Mtg Packet
CPRB Complaint #23-03
Filed: 03/03/23
Chief's report due (90 days): 06/01/23
Chief's report filed: (Memo to dismiss) 03/06/23
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): ??/??/23
CPRB meeting #1 (Review): 03/14/23
CPRB meeting #2 (Review): ??/??/23
CPRB report due 06/01/23
(90 days from the date of the Chief/City
Manager's response to the complainant
or Complainant's response deadline if
no response received)
TENTATIVE MEETING SCHEDULE
April 11, 2023
April 20, 2023
May 9, 2023
June 13, 2023