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HomeMy WebLinkAbout09-01-1998 Communication CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES The PCRB wes established to assume ~hat invesO~gations into claims of poEce misconduct are conducted in a manner which is fair, thorough and accurate end to assist the Police Chief, the City Manager and the City Council in evsiue~'ng the overall performance of the Police Department as a whole by having it review the Police Depe~nt's investigetion into compleints. To achieve these purposes, the PCRB shall comply with Chapter B of the Iowa City Code, the Board's By-Laws, and the Police Citizens Review 80ard's Standard OpereEng Procedures and Guidelines. PCRB SQP 8/28198 TABLE OF CONTENTS 8oard Members - 1997-1998 I. Complaint Process Formal Mediation Guidelines and Procedures III. Meetings IV. Complaint Review Process V. Review of Policies, Procedures and Practices of the Iowa City Police Department VI. Annual Report VII. General VIIi. Appendix 1. Ordinance No. 97-3792 2. The City Code of Iowa City, Chapter 8, Police Citizens Review Board 3. Iowa City Police Citizens Review Board By-Laws 4. Police Citizens Review Board Complaint Form 5. Standard Operating Procedures: a. Procedure for complaints filed after 60 days (I.D) b. Mediation (11) (1) PCRB Guidelines for Formal Mediation (21 PCRB Formal Mediation Policies/Procedures (3) Mediation Packet c. Review Process (V) PCRB SOP 8/28/98 IOWA CITY POLICE CITIZENS REVIEW BOARD 1997- 1998 TERM TERM MEMBERS BEGINS EXPIRES John Watson 9/1/97 9/1/99 403 Elmridge Avenue 52245 Res: 337-9225 Bus: 337-4158 j rh136D~rodigy.eom Margaret Raymond 9/1/97 9/1/2000 1016 Denbigh Drive 52246 Res: 356-6565 Bus: 335-9056 margaret-raymond _(~i0wa. edu Patricia Farrant 9/1/97 9/1/2000 1050 Woodlawn 52245 Res: 337-2928 Bus: 337-1409 pat farrant~_,act .org Paul Hoffay, Chair 9/1/97 9/1/2001 35 Somerset Place 52240 Res: 339-8939 Leah Cohen, Vice Chair 9/1/97 9/1/2001 643 Scott Park Drive 52240 Res: 354-0005 Bus: 337-4703 STAFF Sandy Bauer, Administrative Assistant PCRB Office: 356-5413 Douglaa Ruasell, Legal Counsel 221 Y= E. Washington 52240 Office: 351-5610 PCRB SOP 8/28/98 I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints of police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the Police Citizens Review Board By-Laws, Article VIII, and the Board's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code. 1. All documents and related materials filed with the Board shall not be returned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). The complaint copy sent to Board members shall have all references to police officer names deleted. B. Procedure for complaints which are filed after sixty days 1. A complaint that appears to be untimely filed or otherwise deficient shall be assigned a number in the ordinary manner as provided in the City Code. 2. A copy of the complaint shall be furnished to the Police Chief or City Manager, with a cover letter indicating that it appears to be an untimely complaint and will be reviewed by the Board at its next regular or special meeting. 3. A copy of the apparent untimely complaint shall be provided to Board members in the next meeting packet; 4. Notice shall be given to the complainant that the complaint will be on the next meeting agenda, giving the complainant an opportunity to be heard on the issue of whether the complaint was timely filed; PCRB SOP 8/28/98 - 1 5. At the meeting at which the complaint is considered, the Board shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8- 8-3 D of the statute; 6. If the Board dismisses the complaint as untimely, the staff shall forward a copy of the decision to the Police Chief or the City Manager and also to the complainant. a. The copy going to the Chief or City Manager shall state that the complaint has been dismissed as untimely and that a report to the Board by the Chief or City Manager is not required by Chapter 8 of the Code. (1) If the Board requests an investigation be done, it may do so, but the Chief or City Manager has no obligation to investigate the matter based upon the Board's request. b. 3'he copy of the decision sent to the complainant shall include a cover letter advising that although the complaint has been determined to be untimely and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department that is still available should the complainant wish to pursue the matter. 7. If the Board determines the complaint is timely and shall not be dismissed, it shall so advise the Police Chief or City Manager so they may continue their investigation and make their required report to the PCRB. B. Amendments to a complaint must be in written form. C. A complainant may withdraw from the PCRB complaint process at any point in the proceedings by submitting to the Board a written, dated and signed notice of withdrawal. II, Formal Mediation Guidelines and IWocedmes Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H, 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on 3/10/98 and made a part hereof. PCRB SOP 8/28/98 -' 2 III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The Board shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to Board members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa, 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of the Civic Center; notice of a meeting will also be distributed in media boxes located in the Civic Center. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint*related). Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By-Laws, Article V, Section 6. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. PCRB SOP 8/28/98 - 3 Legal Counsel for the PCRB shall attend meetings as directed by the Board. J. Electronic Participation 1. Follow the requirements of Section 21.8, The Code of Iowa. 'Electronic meeting" as defined in this section presumes that a majority of the members of the Board are participating electronically. 2. Electronic participation in meetings. There is no prohibition in Section 21.8, The Code, for a member or members of the Board to participate by electronic means when a majority of the Board convenes in person. The person or persons participating electronically are part of the quorum for the meeting and may make or second motions and may vote. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V,2. 2. Voting. See By-Laws V. 10. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The Board must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. 3. All records of the Board shall be public except as specifically provided for in Chapter 22, The Code or in the By-Laws. Only certain records shall be kept confidential and only in a case where they are specifically authorized to be kept confidential by Chapter 22, The Code. 4. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By-Laws Vll.l(a). 5. Confidentiality of the minutes and tape recordings or closed sessions. See By-Laws VII.1 (b). PCRB SOP 8/28/$8 - 4 6. Confidentiality of mediation matters. See By-Laws VII. 1 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By- Laws VIl.l(c). M. Iowa Open Meetings Law. The Board must follow all the requirements of Chapter 21, The Code, Official Meetings Open to Public (Open Meetings). N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest, See By-Laws V.9. 2. Ex Parte Contacts. See By-Laws, V.8. IV Complaint Review Process The Board shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. A. Review of Police Chief's Report or City Manager's Report. Follow 8-8-7 B of the City Code. B. Select a level of review as outlined in 8-8-7 B.1 (a)~(f) of the City Code. C. Request for an extension of time to file PCRB public report. Refer to 8-8-7 B.6 of the City Code. D. The PCRB shall not issue a public report critical of a police officer until after a name-clearing hearing has been held. Refer to Section 8-8-7 B.4 of the City Code. E. Name-clearing hearing procedure 1. The Board shall select a proposed date for the name- clearing hearing; 2. Written notice is 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 PCRB SOP 8128198 - 5 identified in the Chief's or City Manager's report, should be transmitted via the Chief of Police. The notice to the officer should provide a written response form for the officer to demand or waive the name-clearing hearing. 3. The officer may respond by demanding a hearing, waiving the hearing in 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 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. 4. If the officer has demanded a hearing, the chair of the Board should conduct a hearing as per 8-8-7 B.4 of the City Code. 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. It would also require some right to confrontation and cross-examination or 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. The hearing goal is to give everyone a fair say in a controlled manner. 5. If the officer has waived the right to a name-clearing hearing, the Board need not provide one in his or her absence. Nonetheless, 8-8-7 B.5 of the statute states that the Board may hold a hearing about a complaint if the officer has waived the name-clearing hearing, but the complainant or the department wishes to present evidence. However, the Board need not provide a hearing in such a case. 6. In the event the officer does not reply concerning his or her right to a name-clearing hearing, the Board may proceed to schedule a hearing and determine at the time of the hearing whether it will receive evidence or cancel the hearing. 7. The name-clearing hearing is a closed hearing under Iowa Code Section 22.7(5) or 21.5(i). The officer involved, the complainant, and any witnesses may attend. The subject matter is still the Chief's report and the Board's pending investigation of it. An officer's request for a name- clearing hearing would engage Section 21.5(i). PCRB SOP 8/28/98 - 6 8. 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 any changes made as a r~sult of the name-clearing hearing. F. Report Writing - Follow 8-8-7 of the City Code 1. PCRB members shall share the responsibilities of report- writing, requesting assistance from staff as needed. 2. A committee shall be appointed by the Chair to prepare draft reports. 3. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. 4. Draft reports shall be discussed in executive session and finalized by the full Board. 5. Draft reports shall be confidential. 6. Final Public Reports shall be reviewed by legal counsel before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8-8-7 B.3 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. H. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V, Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8-8-7 C(3), and Article II of the PCRB By- Laws, and using the PCRB Standard Operating Procedures and Guidelines, the Board shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. PCRB SOP 8/28/98 * 7 A. Policy-review discussions shall be held at regular meetings, when possible. B. Three-meeting concept for discussion: 1. Board members discuss what they perceive to be critical issues and how to present these issues to the public; 2. Community forum or public hearing input; 3. Evaluate all information, together with Board's views, and make recommendations to the City Council. C. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or Board member may raise an issue at a PCRB meeting. D. The Board encourages signed written correspondence from citizens and will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VI Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8- 8-2 M and 8-8~7 C.2 of the City Code, Article VIII.5 of the PCRB By- Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. VII. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. PCRB SOP 8/28/98 - 8 B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and/or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. D. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. E. Requests for information from the Board to the Police Chief or City Manager shall be in writing. F. The PCRB administrative assistant shall provide to the Board a monthly 'PCRB Office Contacts Report," stating number of telephone calls and in-office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. G. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case-by-case basis determined by legal counsel. H. The Board shall utilize its own letterhead stationery. PCRB SOP 8/28/98 - 9