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HomeMy WebLinkAbout10-22-1997 Communication8-8-1 CHAPTERS POLICE CITIZENS' REVIEW BOARD SECTION: 8-8- 1: Creation Of A Police Citizens' Review Board 8-8- 2: Intent, Goals And Guiding Principles 8-8- 3: Definition Of Complaint; Complaint Process In General 8-8- 4: Formal Mediation 8-8- 5: Police Department And Police Chief Investigatory Duties; City Manager Investigatory Duties 8-8- 6: Police Chief's Report To The Board; City Manager's Report To The Board 8-8- 7: Duties Of The Board; Complaint Review And General Duties 8-8- 8: Board Composition; Limited Powers Of The Board 8-8- 9: Police Officer's And Complainant's Rights Preserved 8-8-10: Sunset Clause 8-8-1: CREATION OF A POLICE CITIZENS' REVIEW BOARD: As permitted under Iowa's home rule au- thority, the City hereby creates a Police Citizens' Review Board, to be hereafter referred to as the "Board", subject to the duties and limited powers set forth herein. (Ord. 97-3792, 7-15-1997) 8-8-2: INTENT, GOALS AND GUID- ING PRINCIPLES: 8-8-2 A. Investigations into claims of inappro- priate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police offi- cers will be established to give the City Council sufficient information to assess the overall performance of the Iowa City Police Department in these matters. C. The Board will: 1.Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; 2. Provide oversight of police investi- gations through review of such investi- gations; 3. Provide the opportunity for a hear- ing to the police officer if the Board's findings on the complaint are critical of the police officer, as required by constitutional law, and give both the police officer and the complainant the opportunity to present testimony and evidence; 4. Issue a final public report on each complaint to the City Council which sets forth factual findings and a writ- ten conclusion which explains why and the extent to which the complaint is either "sustained" or "not sus- tained". 997 Iowa City 8-8-2 8-8-2 D. The Board shall have no authority over police disciplinary matters be- cause only the Police Chief or City Manager may impose discipline under I. Iowa law. E. No findings in the Board's report shall be used in any other legal proceeding. F. The' Board shall only review the con- duct of sworn police officers and shall only act in a civil, not criminal, capaci- ty. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of the Board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the City. G. A complaint may be filed by any per- son with personal knowledge of an incident. "Personal knowledge' means the complainant was directly involved in the incident or witnessed the inci- dent. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has oc- curred regardless of personal knowl- edge. H. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be available at a public location other than the Police Department to receive com- plaints, although complaints may also be filed at the Police Department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the pro- t cess. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and State and Federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by po- lice officers under the law. J. The City Council finds that internal accountability within the Police De- partment is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the Board and the City Coun- cil. K. Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written con- clusion explaining why and the extent to which a complaint is either "sus- tained" or "not sustained". However, such reports shall not include disci- pline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released 997 Iowa City MIM 8-8-3 by the City Attorney to the extent provided by law. L. In order to assure external account- ability of the actions of the Police Department, all formal complaint in- vestigations shall be reviewed by the Board and reported to the City Coun- cil. M. External accountability will further be provided by the Board's maintenance of a central registry of all formal com- plaints. In addition to the central regis- try, the Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of com- plaints, how they were resolved, de- mographic information, and recom- mendations as to how the Police De- partment may improve its community relations or be more responsive to community needs. N. The Board shall have oversight au- thority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's perfor- mance as a whole, and shall report same to the City Council, including any recommended changes. (Ord. 97-3792, 7-15-1997) 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. A "complaint" is an allegation of mis- conduct lodged against a sworn police officer ("police officer" or 'officer") employed by the Iowa City Police Department, where the complained -of activity occurred while the officer was acting in the capacity of a sworn po- lice officer. B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have 'personal knowledge", the complainant must have been di- rectly involved in the incident or wit- nessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a com- plaint form, the complaint may be filed by such person's designated repre- sentative. The City Manager, the Po- lice Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred re- gardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public in easily acces- sible locations, and nonpolice staff shall be available to receive the com- plaint forms. Assistance may be avail- able to complete the form as designat- ed by the Board. D. All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct. E. Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summa- 997 Iowa City 8-8-3 ry dismissal by the Board. (Ord 97-3792,7-15-1997) 8-8-4: FORMAL MEDIATION: A. Formal mediation shall be the respon- sibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A com- plainant may also meet informally with the police officer and the watch com- mander of the police officer if the complainant wishes to do so. B. If a complaint is successfully mediat- ed, the terms of the mediation agree- ment shall be set forth in writing, and shall be kept confidential to the extent allowed by law; but the status of set- tlement shall be maintained in the Board's central registry for reporting in the Board's annual report. There shall be no retaliation against police offi- cers who choose not to mediate. (Ord. 97-3792, 7-15-1997) 8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATO- RY DUTIES; CITY MANAGER INVESTI- GATORY DUTIES: A. Complaints: The Police Department shall forward copies of all complaints received to the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be forwarded to the City Manager. 8-8-5 B. Investigation: It shall be the mandato- ry duty of the Police Chief to do the following: 997 Iowa City 1. Prior to investigation of any com- plaint, the Police Chief shall first give Garrity and Gardner advice to all po- lice officers implicated in the com- plaint, as required by constitutional law. This means the officer cannot be required to waive the officer's consti- tutional right against self-incrimination. However, the officer may be required to answer questions during the inves- tigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal pro- ceeding. 2. Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the Police Department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch com- mander of the police officer if the complainant wishes to do so. 3. Assign the complaint to designated investigators within the Police Depart- ment for investigation into the factual allegations of the complaint. 4. The complainant shall be inter- viewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. 8-8-5 5. Investigators will prepare and for- ward a report of their investigation to the Police Chief, and shall make de- tailed findings of fact as to the allega- tions in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or the Board's own attor- ney on a case -by -case basis, to deter- mine whether and how the investiga- tion of the complaint should proceed. D. Complaints Against Police Chief: If a complaint is filed concerning the Po- lice Chief's conduct, the City Manager shall investigate or cause an investi- gation to be completed. E. Disciplinary Action: Nothing in this Chapter shall prevent the Police Chief or the City Manager from taking disci- plinary action prior to the Board's review of the complaint. (Ord. 97-3792, 7-15-1997) 8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY MAN- AGER'S REPORT TO THE BOARD: A. The Police Chief shall receive the designated investigators' report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct addi- tional investigations; request addition- al information, or that additional ques- tions be asked; interview or direct that other persons or witnesses be inter- viewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police Chief's report to the Board, and shall then forward this report to the Board, which shall include the follow- ing: 1. Detailed written findings of fact concerning the allegations in the com- plaint; 2. A written conclusion which explains why and the extent to which the com- plaint is either "sustained" or "not sustained"; and 3. Recommended remedial actions, if any, including amending current poli- cies or adopting new policies. C. The Police Chief's report to the Board shall not include discipline or person- nel matters. D. A copy of the Police Chief's report to the Board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the Board shall be given to the Police Chief, the com- plainant, and the City Council. 997 Iowa City 8-8-6 8-8-7 E. The Police Chief's report to the Board a. On the record with no additional shall be completed within thirty (30) investigation; calendar days after complaint is filed. The Board may grant extensions from b. Interview/meet with complainant; this deadline for good cause shown. c. Interview/meet with named offi- F. All investigations shall be performed cer(s) and other officers; in a manner designed to produce a minimum of inconvenience and em- d. Request additional investigation barrassment to all parties -including by the Police Chief or City Manager, the complainant, the police officer, or request police assistance in the and other witnesses. Board's own investigation; G. If a complaint is filed concerning the e. Performance by Board of its own Police Chief, the City Manager's re- additional investigation; port shall include the same findings of fact and conclusions as required for f. Hire independent investigators. the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 2. The Board shall apply a "reason- able basis" standard of review when reviewing the Police Chief's or City 8-8-7: DUTIES OF THE BOARD; Manager's report. This requires the COMPLAINT REVIEW AND Board to give deference to the Police GENERAL DUTIES: Chief's or City Manager's report be- cause of the Police Chief's and City A. Complaints: The Board shall forward Manager's respective professional copies of all complaints received to expertise. The Board may recommend the Police Chief for investigation; or that the Police Chief or City Manager where the complaint concerns the reverse or modify their findings only if: Police Chief, forward a copy of the complaint to the City Manager for a. The findings are unsupported by investigation. substantial evidence; B. Review Of Police Chief's Report Or b. The findings are unreasonable, City Manager's Report: arbitrary or capricious; or 1. The Board shall review all Police c. The findings are contrary to a Chief's reports and City Manager's Police Department policy or practice, reports concerning complaints. The or any Federal, State, or local law. Board shall decide, on a simple major- ity vote, the level of review to give When collecting and reviewing addi- each Police Chief's or City Manager's tional evidence, the Board shall rely report, and the Board may select any on evidence which reasonably prudent or all of the following levels of review: persons are accustomed to rely upon in the conduct of their serious affairs. 997 Iowa City 8-8-7 3. At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the com- plaint, together with a clearly articulat- ed conclusion which explains why and the extent to which the complaint is .'sustained" or "not sustained'. This public report shall not include the names of the complainant or the po- lice officers unless the complaint is sustained. In addition, this public report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the com- plainant, the police officer, the Police Chief and the City Manager. 4. The Board shall not issue a report which is critical of the sworn police officer's conduct until after a 'name - clearing hearing" has been held, con- sistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protec- tion of all State and Federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board. 5. If the Board's report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold 8-8-7 hearings as deemed appropriate by the Board. 6. The Board's report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. 7. Nothing in this Chapter shall in any way impede or interfere with the Po- lice Chief's and the City Manager's lawful ability to perform their person- nel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropri- ate by the Police Chief or City Manag- er. 8. No findings or report submitted to the Board or prepared by the Board shall be used in any other proceed- ings. C. General Powers And Duties: The Board shall also carry out the follow- ing duties: Iowa City 1. Maintain a central registry of com- plaints. 2. Collect data and do an annual re- port to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the pub- 997 8-8-7 lic with information on the overall performance of the Police Depart- ment. The Board's annual report may also include recommended changes in police practices, policies or proce- dures. 3. In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. 4. The Board shall adopt procedural rules and bylaws governing the Board's activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City Council. (Ord. 97-3792, 7-15-1997) 8-8-8: BOARD COMPOSITION; LIM- ITED POWERS OF THE BOARD: A. Board Composition: 1. The Board shall consist of five (5) members appointed by the City Coun- cil, who shall be Iowa City eligible electors and shall serve without com- pensation. The City Council shall strive to appoint members who repre- sent the diversity of the community. Appointments to the Board shall in- clude one current or former 'peace officer" as that term is defined by State law. The City Council reserves the right to waive the residency re- quirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer. 2. Following final adoption and publi- cation of this Ordinance, the City Council shall appoint members to the Board for staggered terms. All ap- pointments shall be for a four (4) year term, except for the initial appoint- ments which shall be as follows: a. One person appointed for a two (2) year term b. Two (2) persons appointed for a three (3) year term c. Two (2) persons appointed for a four (4) year term. 3. Training shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. B. Limited Powers: The Board shall have the following limited powers: 997 Iowa City 1.On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. 2. The Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote of all members of the Board. 3. The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. 4. The Board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The Board is not a court of l — law, and is not intended to substitute as a tort claims procedure or as litiga- tion against the City. 5. If criminal charges are brought or are being considered against a partic- ular police officer(s), the Board's re- view or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal pro- ceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's du- ties. 7. The Board may hold general infor- mational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informa- tional hearings to the City Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997) 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All rights enjoyed by sworn police officers employed by the City are preserved in this Chapter, and nothing herein is intended to waive, diminish or interfere with any such rights pro- tected by the union contract, Iowa's Civil Service Commission laws and 8-8-10 other applicable State and Federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defama- tion, shall be protected during the process set out in this Chapter, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. (Ord. 97-3792, 7-15-1997) 8-8-10: SUNSET CLAUSE: This Chapter shall be automatically repealed on August 1, 2001, unless reenacted by City Council. (Ord. 97-3792, 7-15-1997) 997 Iowa City