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HomeMy WebLinkAbout02-16-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - February 9, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 P.M. A! I ENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffe¥, and J. Watson, Board member absent: M. Raymond. Staff present: Legal Counsel D. Russell and administrative assistant S. Bauer. CONSENT CALENDAR Motion by P. Hoffey and seconded by Pat Farrant to adopt the Consent Calendar. Motion carried, 4/0, Raymond absent. RECOMMENDATION TO COUNCIL None MEETING WITH COUNCIL Motion by P. Farrant and seconded by J. Watson to consolidate Items 3, 4 and 5 of the agenda. Motion carried, 4/0, Raymond absent. Receipt acknowledged of 2/4/99 Memorandum from E. Dilkes regarding "Timeline for Police Chief's Report to PCRB," and 2/4/99 Memorandum from Chief winkelhake regarding 'Request for Extension." Chair Cohen gave a brief summary of the meeting on 2/8/99 with City Attorney Dilkes and S. Holecek and the Board's subcommittee comprised of Cohen, P. Hoffey (substituting for M. Raymond) and Legal Counsel Russell. Cohen stated the meeting was very beneficial. All the Board's UTopics for Discussion" for the joint meeting on 2/11/99 were addressed, discussing ways of resolving each of the issues identified. There was also extensive discussion on the City Attorney's role, the Board's role, and the City Attorney's role with the Police Department. P. Hoffey concurred that the meeting was beneficial and he was satisfied with the results. He acknowledged that Dilkes feels both the SOP's and the ordinance need some urine-tuning." Cohen and Hoffey also expressed concern about public "perceptions," (i.e. when you take away the right for a complainant to appear at a summary dismissal hearing, there's the appearance that the Board is being undercut). Legal Counsel reported on the status of the issues resulting from the meeting between the City Attorney and the Board's subcommittee: Issue//6 - The City Attorney concurred on extending the deadline for the Board to makes its report from 30 days to 45 days from receipt of the Chief's report. · Issue #5 - The City Attorney also concurred with extending the filing deadline from within 60 days to within 90 days of alleged incident. · Issue #4 - There was agreement that a specific period of time, as opposed to "in a timely manner," should be extended for the Chief or the City Manager to complete their report. The City Attorney recommends 90 days. After discussion, the Board's consensus is to recommend 60 days. · Issue #3 - The City Attorney's concern regarding the complainant's right to appear at a summary dismissal hearing is that the merits of the complaint and the identity of the officers could become part of the public record. Possible solutions she suggested included (1) the summary dismissal hearing be held in executive session if the complainant attends (2) a subcommittee could interview the complainant for the information; (3) the complainant could make a written submission; or (4) select a level of review that accommodates an independent investigation. The Board's concern is receiving the necessary information from the complainant to make a judgment as to timeliness or whether an Iowa City police officer is involved. After discussion, the Board agreed that Legal Counsel should report to the City Attorney and suggest she draft new SOP's that will cover these choices for the Board to investigate. * Issue #2 - Regarding the two distinct complaint forms (the PCRB Complaint Form and the ICPD Complaint Form), the City Attorney and the subcommittee agreed that an information card could be attached to each complaint form, explaining each option available to a citizen. However, the issue regarding whether the Board should receive information about complaints filed on the Police Department forms, and what it may do with that information, is not resolved. The Board does not feel it can properly supervise department policy and department compliance with community standards without having this information. The City Attorney disagrees with this stance, suggesting the Board be prepared to answer what complaints the Board wants to know about and what information they want and what use would it have. · Issue #1 - The City Attorney's primary concerns with identification of officers is (1) the mere fact of a complaint of misconduct does not imply evidence of guilt, and (2) the confidentiality issue of keeping officers' names from the public. The resolutions submitted by the City Attorney and the subcommittee is to draft an SOP which makes it clear that an allegation of misconduct is not evidence of misconduct. The second part of that SOP, regarding confidentiality, would allow the Board to receive unique identifying numbers for each officer in the Chief's reports, but the Board will use a numbering system in its public reports that will not allow identification of the officer by the public. · Issue #7 - The Board insists that it maintain the right to release the name of the officer in a sustained complaint. The City Attorney feels the ordinance should be changed to exclude this right, Legal Counsel Russell was directed by the Chair to contact the City Attorney to give her a summary of this meeting, in preparation for the joint meeting on February 11. The Board then discussed brief presentations (with handouts) to be made by J. Watson, P. Farrant, and D. Russell at the joint meeting. MEETING SCHEDULE · Meeting with City Council February 11, 1999, 5:00-7:00 P.M. · Special Meeting February 16, 1999, 7:00 P,M. · Special Meeting February 23, 1999, 7:00 P.M. 4 · PCRB Priority-Setting Meeting - to be determined · Regular Meeting March 9, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center - to be determined PUBLIC DISCUSSION None BOARD INFORMATION Cohen reported M. Raymond's absence due to her mother's death. STAFF INFORMATION S. Bauer - received from the City Clerk's Office City Council transcripts of discussions leading to the establishment of the Board. These documents will be circulated amongst Board members for their review. D. Russell - reported casual contact with Office Dan Dreckman, union official for the police officer's union. D. Russell - discussed with E. Dilkes the possibility of his being appointed as a judge to the Johnson County District Court, which appointment will be made by the end of February. If appointed, Dilkes concurred with the Board that one of Russell's partners could fill in during the interim until new legal counsel is appointed by the Board. EXECUTIVE SESSION Vice-Chair Watson presiding. Motion by P. Hoffey and seconded by P. Farrant to defer Item #10 on the agenda as the Board is still awaiting additional information from the Police Department regarding #98-19. Motion carried, 3/0, Raymond absent, Cohen abstaining. Chair Cohen presides. ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by J. Watson. Motion carried, 4/0, Raymond absent. Meeting adjourned at 8:35 P.M.