Loading...
HomeMy WebLinkAbout11-06-1997 Communication MEMORANDUM TO: POLICE CITIZEN REVIEW BOARD FROM: DOUGLAS S. RUSSELL DATE: OCTOBER $1, 1997 RE: PROCEDURES FOR POLICE CITIZEN REVIEW BOARD NAME CLEARING HEARINGS 1. Ordinance 8-8-7(B)(3) provides, "At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the complaint investigation." 2. Ordinance 8-8-7(B)(4) provides, "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, consistent with constitutional due process law." This section also requires the Board to give notice of such a hearing to both the officer and the complainant "so that they may testify before the Board and present additional relevant evidence". In addition, "The officer may waive the right to this hearing upon written waiver submitted to the Board." 3. Ordinance 8-8-7(B)(5) provides, "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 hearings as deemed appropriate by the Board." 4. It is clear that any portion of a complaint which is sustained by the police chief's or city manager's report which is then sustained by the Board and not recommended for reversal or modification would be a report "critical of the sworn police officer's conduct". This would necessitate a name-clearing hearing. 5. The Board should next select a proposed date for a name-clearing hearing. 6. Written notice should then be given to the officer and the complainant of the date, time and place of the hearing and its purpose. The notice to the officer, if he or she is not identified in the chief's or city manager's report, should be transmitted via STEIN. RUSSELL the chief of police. The notice to the officer should provide a written response form for & PUGH. L. LP. the officer to demand or waive the name-clearing hearing. ,ow^ c,~. ,ow^ ~44 7. The officer may respond by demanding a hearing, waiving the hearing in ~,~.~;,*,.~.o~ writing or by not responding to the notice. Due process requires that if the officer demands a hearing, one should be held. If the officer provides a written waiver of the hearing to the Board, the hearing need not be held but may be held. The complainant apparently has no independent right to a hearing and the complainant's wishes as to holding the name-clearing hearing are not binding on the board. If the officer does not reply the Board should schedule the hearing with the appropriate published agenda and notice. 8. If the officer has demanded a hearing the chair of the Board should conduct a hearing mindful of the requirement of ordinance 8-8-7(B)(4) that, "The Board shall be responsible for protecting all State and Federal rights enjoyed by both the officer and the complainant." At a minimum this would require that the officer and the complainant have a right to make a statement and to present evidence and the testimony of other witnesses. I believe it would also require some right to confrontation and cross- examination or at least an opportunity to rebut opposing evidence. The Board may set reasonable rules about the time allowed to each side with the types of evidence it may receive as long as the rules are neutral. 9. If the officer has waived the right to a name-clearing hearing the Board need not provide one in his or her absence. Nonetheless, under ordinance 8-8-7(B)(5) the Board may hold hearings as deemed appropriate by the Board. This means the Board may go ahead with a hearing about a complaint if the officer has waived the name-clearing hearing, but the complainant or the department wishes to present evidence. The Board need not provide a hearing in such a case, however. 10. In the event the officer does not reply concerning his or her right to a name-clearing hearing, the Board should proceed to schedule a hearing and determine at the time of the hearing whether it will receive evidence or cancel the hearing. The same considerations here would apply as apply in paragraph nine. 11. The name-clearing hearing is a closed hearing under Iowa Code 22.7(5) or 21.5(j). The subject matter is still the chiefls report and our pending investigation of it. An officer's request for a name-clearing hearing would engage Section 21.5(j). 12. After the closed session in which the name-clearing hearing is held and the Board reaches its decision about the contents of its public report, the Board should return to open session. At that time the Board should vote approval of its public report and vote to transmit the public report to the City Council with a dated letter of transmittal. Pursuant to section 8-8-7(B)(3), "A copy of this public report to the City Council shall be given to the Complainant, the police officer, the Police Chief and the City Manager.". 13. The public report is a public record. STEIN. RUSSELL 14. A remaining issue for the consideration of the Board concerns naming ' ~,,~s names in the public report. Ordinance section 8-8-7(B)(3) provides, "This public report ,,o,,,. G, o ....... shall not include the names of the complainant or the police officers unless the complaint ,o~,^ ¢,~,,,x,o~,^ ~2,,, is sustained.". This language tells you what the Board may not do as to naming names. ~'~;~;-~" It does not say what you may do. The implication of the language of the ordinance is that in a complaint which is sustained, the name of the complainant and the officer may be released as part of the public report. The Board should determine whether the names should be obtained from the police department and placed in the public report. The Board should determine whether the City Council should receive this information and whether the information should be available to the public in a case with a sustained complaint. 15. The Board should also consider the content of its annual report under ordinance 8-8-7(C)(2) which provides, "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 public with information on the overall performance of the Police Department." The same issue presents itself in this context. Douglas S. Russell DSR.kkj STEIN, RUSSELL & PUGH, L.L.P. IOWA CITY POLICE CITIZENS' REVIEW BOARD BY-LAWS BY-LAWS IOWA CITY POLICE CITIZENS' REVIEW BOARD ARTICLE I. AUTHORITY: The Iowa City Police Citizens' Review Board (PCRB) shall have that authority which is conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLEII. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Police Citizens' Review Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE Ill. MEMBERSHIP: Section 1. Qualifications. The Police Citizens' Review Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appoint- ments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Police Citizens' Review Board, the written policies of the Iowa City Police Department, the PCRB by- laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. 2 Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on May 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resi.qnations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in J'~'.".c ~ each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Reqular Meetincls. At least one (1) monthly meeting shell be held. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one {1 ) full day's written notice of meeting place, time and agenda shall be given each Member and the media. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. 3 Section 2. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of present and voting members shall be necessary to pass a motion unless otherwise provided in the Board's enabling ordinance. The Chairperson shall vote as a member. Board meetings shall be public except where provided in the Iowa Code.. Section 3. Place of Meetings. All meetings shall be held in a City accessible facility. Section 4. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Section 5. Proxies. There shall be no vote by proxy. Section 6. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 7. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 8. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 9. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 10. Votinq. A majority VOt~ is required to pass any motion or election, except for closed sessions as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Iowa City Police Citizens' Review Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. 4 VII. PUBLIC RECORDS; EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose +~ ~;,;~M ~ ..... ,~;~..~ ~:~i~i~i~?:~:~/~:~:~:~i~:~i Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS: Section 1. A.qenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. 5 Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. October 27, 1997