Loading...
HomeMy WebLinkAbout02-25-1998 CommunicationDRAFT 4 POLICE CITIZENS REVIEW BOARD FORMAL MEDIATION POLICIES/PROCEDURES 1. Requests for mediation, by either the complainant or the police officer, can be made at any time during the review process. Mediation will proceed as promptly as possible. 2. Mediation may proceed only upon written agreement of both all parties. 3. Once an interest in formal mediation is expressed, the complainant shall be provided with a list of approved mediators to select from. 4. Formal mediation arrangements will be handled by PCRB staff. 5. Mediation shall be conducted at no cost to the parties by a trained mediator authorized by the PCRB. 6. Mediators shall conduct mediation sessions with effieers and eemplainants at times and in publie places agreed to by the parties. Matters discussed in mediation sessions shall be confidential. 8. Statements and records disclosed during mediation may not be used or introduced in evidence during any legal proceeding or PCRB investigation. 9. If mediation is successful in resolving the complaint, the mediator shall inform the PCRB in writing, and the complainant shall withdraw his/her PCRB complaint. 10. I£ mediation fails to resolve the complaint, the mediator shall inform the PCRB in writing, and the review of the complaint shall proceed as though mediation did not occur. 11. Mediation does not "stop the clock" in the normal complaint process, but extensions based on mediation can be sought through the City Council. 12. Only parties named in the complaint can participate in mediation. Others may be present if all parties agree. DRAFT 4 POLICE CITIZENS REVIEW BOARD GUIDELINES FOR FORMAL MEDIATION The goal of the PCRB is to assure that investigations into claims o fpolice misconduct are conducted in a manner which is fain thorough and accurate. Formal mediation is o,(fered as a method to facilitate a successful resolutionq the issues involved in the complaint. 1. Mediation is a process in which the parties named in a complaint meet together with a mediator to discuss resolution by promoting voluntary agreement between the parties. 2. Formal Mediation shall be available at any time during the review process upon written consent of the complainant and the police officer(s) who are the subject of the complaint. 3. Participants. Only the parties named in the complaint can participate in mediation, however others may be present if all parties agree. 4. The Mediator is a neutral person who is not an agent for any parry. The mediator is to assist and help the parties reach their own resolution or agreement and does not give legal advice. 5. Place. Mediations shall be held in at times and in places agreed upon by the parties. 6. Confidentiality. The parties understand that in order for mediation to work, open and honest communications are essential. All communications during the mediation are agreed by the parties to be inadmissible for any later purpose and shall not be admissible as arguments or evidence in a hearing or in any legal proceeding. Neither the mediator nor the mediator's notes and records shall be subject to subpoena or other discovery by any parry following the mediation. 7. Termination. Mediation is a voluntary process, and it is understood that any party may terminate at any time. 8. Results of the mediation shall be reported by the mediator as either (a) Resolved and PCRB complaint is withdrawn, or (b) Unresolved, and the PCRB investigation shall proceed as though mediation did not occur. 9. Fees and expenses of the mediator shall be billed by invoice and paid by the PCRB through the City of Iowa City, IA at an hourly rate. (PC" CowvA Form) DRAFT4 POLICE CITIZENS REVIEW BOARD CONSENT TO MEDIATE I agree that the Police Citizens Review Board may initiate the process of setting up mediation of complaint # filed with the PCRB on I understand that some conditions of mediation are specified by city ordinance. I also have been provided with a copy of the PCRB Guidelines and Policies/Procedures for Formal Mediation. I further understand that all aspects of the mediation process must be agreed to by all parties to the mediation. Signature Date (Form also will be used as attachment to Police Chief Notification letter) Please list your choice of mediator 1" Choice (Mediator Name) e Choice (Mediator Name) No preference (staff will choose) (Check here) (Ltr. 2 with Mediation Packet) DRAFT 4 Date: Name Address City, State, Zip Dear Thank you for the interest you have expressed regarding formal mediation as a possible resolution to your Complaint # filed on . lam enclosing a mediation packet with information regarding this process, to include: • the Police Citizens Review Board's Formal Mediation Policies and Procedures; • the Police Citizens Review Board's Guidelines for Formal Mediation; • a Consent to Mediate form; •—a paeket of list of possible mediators from which you may choose. for the mediation.. If you wish initiate this mediation process, please sign the Consent to Mediate form and return in the enclosed self-addressed envelope, together with your choice of a mediator. A Consent to Mediate is alse being sent to the Police Chief for signatufe by the peliee A Consent to Mediate and list of mediators has also been sent to the police officer(s) named in your Complaint. After receiving written consents from all parties, the PCRB staff will move forward with contacting a mediator and setting up a time and place for mediation. We will proceed with the investigation of your Complaint unless we receive your signed Consent to Mediate form. If you have any questions, please contact Sandy Bauer at 356-5413 or Marian Karr at 356-5041. Sincerely, Sandy Bauer Administrative Assistant Police Citizens Review Board (enclosures) cc: PCRB R.J. Winkelhake, Chief of Police (Lh.3 to Chid') Date: R.J. Winkelhake, Police Chief 410 East Washington Street Iowa City IA 52240 Dear Chief Winkelhake: In an attempt to resolve the issues raised by PCRB Complaint # filed on the complainant has requested formal mediation. As you know, formal mediation is subject to the written consent of all parties involved. Would you therefore present this letter to the appropriate officer(s) If he/she consents to formal mediation, please have him/her/them sign and return the attached consent form for your records. Please notify the City Clerk's Office after you have received the form. Once written consent has been received from both parties, we will move forward with contacting a mediator and setting up a time and place for mediation. Thank you for your assistance in this matter. Sincerely, Sandy Bauer Administrative Assistant cc: PCRB (Ur.1 n Poru d Me" ) Date: Name Address City, State, Zip Dear The Police Citizens Review Board acknowledges receipt of your recent Complaint I want you to know that in addition to the Iowa City Police Department's investigation and the subsequent PCRB's review, another option available to you is formal mediation. This would occur when all parties agree to meet with a mutually acceptable third -parry mediator (non -City stag in an attempt to reach a resolution of your complaint. This mediator would be a neutral party who is specially trained in mediation. This is offered at no expense to the parties. I would also like to point out that you may meet informally with the police officer who is the subject of your complaint and the department supervisor of the police officer if you wish to do this in an effort to resolve your complaint informally. If you would like to meet with them informally, please call the Chief of Police, R.J. Winkelhake at (319)356-5270. I encourage you to consider either alternative method in an effort to resolve the issues in your complaint. Again, they are available to you at any point during the investigation process. If you are interested in formal mediation, please contact Sandy Bauer at 356-5413 or Marian Karr at 356-5041. Sincerely, Paul Hoffey, Chair Police Citizens Review Board cc: PCRB R7. Winkelhake (MedWon Report form) POLICE CITIZENS REVIEW BOARD MEDIATOR REPORT ON SUCCESSFUL FORMAL MEDIATION AND WITHDRAWAL OF COMPLAINT Mediation of PCRB Complaint #97-_, filed on has succeeded and the issues have been resolved between the complainant and the officer(s) involved. Mediator Signature/Date I withdraw my complaint filed with the Iowa City Police Citizens Review Board against the Iowa City Police Department. I understand that the Police Citizens Review Board will not complete their investigation of my complaint filed on . I have not been coerced or threatened by any person to withdraw this complaint. I knowingly and voluntarily withdraw this complaint. Complainant Signature/Date MEDIATOR REPORT ON UNSUCCESSFUL MEDIATION Mediation of PCRB Complaint #97 , filed on was unsuccessful and the issues were not resolved in formal mediation between the complainant and the officer(s) involved. Mediator Signature/Date