HomeMy WebLinkAbout03-02-1999 CommunicationFebruary 25, 1999
Douglas S. Russell, Attorney at Law
Stein, Russell and Pugh, LLP
PO Box 2416
Iowa City, IA 52244
Re: Police Citizens Review Board
Dear Doug:
CITY OF IOWA CITY
HAND DELIVERED
Enclosed you will find drafts of the revisions to the PCRB's standard operating procedures and the PCRB
ordinance. 1 have not put the changes to the ordinance in ordinance form, but rather, have just redlined
the current ordinance as the changes are easier to address that way.
The enclosed draft of the SOP concerning summary dismissal does not include an interview of the
complainant in executive session. As I told you by phone, because at this stage there will have been no
police investigation I am concerned that there is not an exception to the open meetings law that would
allow this interview to be held in closed session. Use of Section 21.5(a) in tandem with 22.7(18)
(communications not required by law made to a government body when the government body can
reasonably believe that the communication would be discouraged if it was subject to public examination)
may be applicable in some situations but this would clearly be a case -by -case analysis. For example, if
the complainant is speaking to the press it is likely unreasonable to assume they are concerned about the
confidentiality of their statement. When we spoke, it was my understanding that you did not think the
inability to hold an interview in closed session would be a big problem given that a subcommittee of the
Board can simply interview the complainant.
With respect to the changes to the ordinance, I have taken the liberty of including a new section on time
computation which is based on Iowa Code Section 4.1, subsection 34. It seems to me that this rule will
take care of some of the more obvious time issues.
Congratulations again on your judicial appointment. Lawyers and litigants of Johnson County are lucky to
have you. As we discussed, given your experience with the Board it might be helpful for you to offer your
suggestions concerning the qualifications their counsel should possess before your departure. In addition
to identifying the substantive areas that are most important, we may want to consider requiring a
minimum amount of practice experience.
The Council has changed its March 23 meeting to March 30 so I will shoot for putting these revisions on
that agenda. I look forward to hearing from you.
�V truly yours,
yy�l ca-`-Qq'L__
Eleanor M. Dilkes
City Attorney
Enclosure
cc: Marian Karr, City Clerk
Sarah Holecek, First Assistant City Attorney
RJ Winkelhake, Police Chief
Stephen Atkins, City Manager
EleanorV Adr2-24.doc
410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1636 •,f519) 556-5000 • FAX (519) 556-5009
BkCEIVED FEB 2 5 1999,
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
[ Proposed Revisions 2/25/99]
The PCRB was established to assure that investigations into
claims of police misconduct are conducted in a manner which
is fair, thorough and accurate and to assist the Police Chief,
the City Manager and the City Council In evaluating the overall
performance of the Police Department as a whole by having it
review the Police Deportment's investigation into complaints.
To achieve these purposes, the PCRB shall comply with
Chapter 8 of the Iowa City Code, the Board's By -Laws, and the
Police Citizens Review Board's Standard Operating
Procedures and Guidelines.
PCRB SOP 9198
TABLE OF CONTENTS
Page
I. Complaint Process.....................................................................................1-2
II. Formal Mediation Guidelines and Procedures ........................................... 2
III. Meetings...................................................................................................3-5
IV. Complaint Review Process.......................................................................5-7
V. Review of Policies, Procedures and Practices of the Iowa City
PoliceDepartment.....................................................................................7-8
VI. Annual Report ........................................................................................... 8
VII. General......................................................................................................8-9
VIII. Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens
Review Board
B. Iowa City Police Citizens Review Board By -Laws
C. City of Iowa City Police Citizens Review Board Guidelines and
Procedures for Formal Mediation
D. Section 21 of The Code of Iowa Official Meetings Open to
Public (Open Meetings)
E. Section 22 of The Code of Iowa, Examination of Public
Records (Open Records)
F. Police Citizens Review Board Complaint Form
PCRB SOP-9/98
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 of Iowa City.
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 and other identifying information deleted, although the reports of
Procedure for complaints subject to summary dismissal
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer 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 or a complaint that does not involve the conduct of an Iowa
City sworn police officer and will be reviewed by the Board at its next
regular or special meeting.
3. A copy of the complaint shall be provided to Board members in the next
meeting packet;
PCRB SOP-81982M - 1
MWI
aecision.tne board snau, oy mouon in open session, vote to aetermine
whether the complaint will be dismissed under Section 8-8-3 JE)=of the
ordinance. The Board shall not discuss the facts or substance of the
complaint at said open meeting.
6. If the Board dismisses the complaint 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 and that a report to the Board by
the Chief or City Manager is not required by Chapter 8 of the
Code. The Board may request that an investigation be done.
b. The copy of the decision sent to the complainant shall include a
cover letter advising that although the complaint has been
dismissed 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 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.
C. Amendments to a complaint must be in written form.
D. The complainant may withdraw the complaint at any time prior to the Board's
issuance of its report to City Council..
It. Formal Mediation Guidelines and Procedures
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 March 10, 1998 and made a part hereof.
III. Meetings
PCRB SOP-9=2f - 2
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.
C. 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.
To the extent practicable, legal counsel for the PCRB shall attend all meetings of
the Board.
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic
meetings.". "Electronic meetings" as defined in this section presumes electronic
participation is necessary for a quorum.
2. Electronic participation in meetings. A member may participate by
electronic means when the member's presence is not necessary for a
quorum, and said member shall have all rights as if participating in
person..
PCRB SOP-9/882M - 3 1
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. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, she shall notify both the City Attorney's
Office and counsel to the PCRB of the request.
3. All records of the Board shall be public except as specifically provided for
in Chapter 22, The Code and in the PCRB By -Laws.
4. Confidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint.
See By -Laws VI1.1(a).
5. Confidentiality of the minutes and tape recordings or closed sessions.
See By -Laws VI1.1(b).
6. Confidentiality of mediation matters. See By -Laws VII.1(d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings Law. See By -Laws VII.1(c).
M. Iowa Open Meetings Law.
The Board must follow all the requirements of Chapter 21, The Code of Iowa,
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 Chiefs 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.
PCRB SOP 8/882M - 4 1
A. Review of Police Chiefs report or City Manager's report. Follow 8-8-7 B of the
City Code.
Select a level of review as outlined in 8-8-7 B. 1 (a)-(f) of the City Code. The
Board shall notify the Complainant and the Police Chief, or the City Manager if
the complaint is against the Chief, of the selected level of review. The Chief shall
notify the officer of the selected level of review.
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 or waived by the police officer. Refer to
Section 8-8-7 B.4 of the City Code.
E. Name -clearing hearing procedure
1. If the Board determines that the comments or findings contained in its proposed report will
be critical of the conduct of a sworn police officer, it must offer the officer a name -clearing
hearing prior to the issuance of the Board's report to Council.
2. The Board shall select a proposed date for the name -clearing hearing.
3. Written notice of the date, time and place of the name -clearing hearing shall be given to the
officer no less than ten working days prior to the date set for hearing. The notice to the
officer should be transmitted via the Chief of Police. The notice to the officer shall provide a
written response form for the officer to demand or waive the name -clearing hearing. Said
written response form shall also allow the police officer to state whether he or she requests
an open or closed session.
4. If the officer provides a written waiver of the name -clearing hearing prior to the date set for
hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall
be convened. If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will first determine
whether the hearing shall be open or closed. If the officer requests a closed session, the
Board shall close the session pursuant to motion specifically identifying Section 21.5(1)(i)
and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a
closed session the session shall be open except where closure is appropriate pursuant to
Section 21.5(1)(a).
7. At the hearing the Board shall advise the officer of the Board's proposed criticism(s) and
evidence supporting the same. The officer shall be given the opportunity to be heard and to
present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name -clearing hearing or waiver of a name -clearing hearing by the
officer, the Board changes its level of review, it shall issue a new written notice pursuant to
subparagraph B. hereof. If, following said change, the proposed report is critical of the
PCRB SOP-91992M - 5 1
sworn officer's conduct, the Board shall offer another name -clearing hearing to the officer
pursuant to the name -clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to participate in, a name -
clearing hearing.
F. Report Writing — Follow 8-8-7 of the City Code
1. The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
2. When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the PCRB
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. Identification of Officers
Vl.
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 11 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.
A. Policy -review discussions shall be held at regular meetings, when possible.
PCRB SOP-"82/99 - 6 1
B. 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.
C. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VII. 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 VII1.5 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.
Vlll. 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.
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 the 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 for the
PCRB and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
e1eanor\perbgde2.doc
8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL:
D. All complaints must be filed with either the Board or the Iowa City Police Department
within sixty (60) ninety.JaUdays 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 -(&A) Lllr days of the alleged misconduct may
be subject to summary dismissal by the Board. (Ord 97-3792, 7-15-1997)
8-8-6: POLICE CHIEF'$ REPORT TO THE BOARD: CITY MANAGER'S REPORT TO THE
BOARD:
E. The Police Chief's report to the Board shall be completed within-0;i41y438) uinf . 229)
calendar days after complaint is filed. The Board may grant extensions from the deadline
for good cause shown.
8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES:
B. Review of Police Chiefs Report or City Manager's Report:
6. The Board's report to the City Council shall be completed within th4ty-(3p)-lp
five. (4acalendar days of receipt of the Chiefs or City Manager's report. The City
Council may grant requests for extensions to this deadline upon good cause
shown.
D-5-11:TI.ME OMPU.LA-RON
I rgaNdn:mm4xYllyuusµn rAx:
City of Iowa City
MEMORANDUM
Date: February 23, 1999
To: City Council
From: Mayor
Re: Police Citizens Review Board
Our recent discussions with the PCRB have given me reason to reassess the purpose for which
they were set up and to evaluate, in my own judgment, how they are doing. As we all
remember, the Board was established to review complaints filed against the police and
determine the validity of these complaints. To date these evaluations have proven what many of
us already suspected, that we have a competent and professional police department.
I have been particularly impressed with the thoroughness of their deliberations and their efforts
to protect the identity of the officers involved. In this regard, I am particularly curious as to why
they feel it is necessary to track an officer's identity before they resolve the complaint. It would
appear that the same purpose could be served by revealing the identity after resolution of the
complaint. I have asked the chairperson of the board to elaborate in writing why they feel so
strongly about this.
I indicated my agreement to allow this information for several reasons. First, I feel that we as a
Council have set up this board for a specific purpose. Although I do not understand why prior
identification is necessary, I feel we should respect their wishes until such time as their
procedures prove to be unfair or arbitrary. Second, their actions to date relative to protecting an
officer's identity have convinced me of their honesty and sincerity. Third, even if their actions
prove not to be impartial, they have no authority other than to recommend to the Chief and the
Council. Fourth, our refusal to allow their request will be viewed by those who are critical of the
Police Department as an effort on the part of the Council to prevent them from doing what they
were set up to do.
I believe we need to take a more constructive view of this board. In most cities that have such a
board, they end up being proof positive of the quality of their police departments. Our board is
finding the same thing right here in Iowa City. Their job is just as much to affirm the quality of
our police, as it is to point out its weaknesses. To date, their reports have confirmed our belief
that we have a fine police department. We need to realize that the PCRB can be a valuable tool
for the Council and the Chief to show the dedication of our police force in serving the public.
Our failure to support the PCRB gives the public, whether right or wrong, a reason to suspect
our motives. While this board is indeed an arm of the Council and, as with any board, should be
monitored closely, we should either support them or reevaluate their importance to the
community.
cc: �CRB
Eleanor Dilkes, City Attorney
wunciNnemos\PCRB.doc
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
February 25,1999
Mayor Ernest W. Lehman
Iowa City Civic Center
410 East Washington Street
Iowa City IA 52240
RE: Police Citizens Review Board
Dear Mayor:
COPY
You contacted me on Friday, February 12, 1999, and requested a letter of clarification
concerning the request of the Police Citizens Review Board to have officer identifying
numbers for a particular complaint before the Board deliberates on that complaint. We
understand from our joint meeting with the City Council on February I Vh that the
Council agrees we should receive identifying numbers and that when we should receive
those numbers is the sole remaining issue.
The Board continues to believe that it is important that it receive the identifying numbers
of all officers involved in a PCRB complaint, and information about which previous
PCRB complaints named that officer or officers, before it deliberates on the Chief's (or
City Manager's) report.
The purpose of the information is twofold. First, it allows the Board to track the behavior
of particular officers over the entire period of the Board's existence. Second, it allows
the Board to use the information to assist in its review of the Chief's (or City Manager's)
determinations regarding the credibility of a particular officer, where appropriate and
relevant to a pending complaint. The first function may be served by giving the Board
the identifying number after the complaint has been decided upon. The second function
may be served only if the information is received before the Board deliberates on a
pending complaint.
In reviewing a report on a citizen complaint, the Board's only role is to review the
reasonableness of the determinations made by the Chief of Police (or the City Manager).
Imagine a situation in which a complainant's version of the story and the officer's version
of the story differ substantially. In reviewing the report prepared on such a complaint,
the Board must decide whether the Chief s decision to credit one version over the other
was reasonable. In making that assessment, information about the participants --the
officer as well as the complainant — is clearly relevant. The Chief certainly knows the
officer's history; the Board must have information about the officer's prior involvement
to make a fair assessment of the Chief s (or City Manager's) review of the matter.
Mayor Ernest Lehman
Page 2
The information requested is, in itself, neutral. The fad that an officer was named in a
previous complaint will not prejudice the Board for or against the officer, and the
resolution of a prior complaint might reflect positively as well as negatively on an
officer's truthfulness. Nor is the information requested so the Board may draw the
impermissible inference that an officer complained against in a prior instance is more
likely to have committed misconduct.
The Board appreciates the airing of the Council's concerns about the proper and improper
use of the identifying number of an officer. The Board and the City Attorney are
working out guideline language for a new SOP to address the Council's concerns on this
issue.
Nonetheless, the Board strongly believes that as long as the City Council keeps the Board
in existence, it must trust the Board to operate within its standard operating procedures
with all relevant information that may properly affect its decisions.
The PCRB was conceived as a response to a community tragedy. Its still -evolving role
reflects the importance of protecting the rights of individual officers as well as the
community's need for effective police oversight. That balance is reflected in the
statutory responsibilities imposed on the PCRB by the City Council. While they confirm
the City's commitment to external accountability for the Iowa City Police Department,
they also reflect stringent limits on the Board's authority. The Board recognizes the
judicious balance incorporated in the PCRB ordinance and has, in turn, sought to be
balanced and judicious in its approach to its work.
Consistent with this approach, one of the Board's first unanimous decisions was that we
did not wish to know the identity of officers, but would be satisfied to work with a system
of unique but anonymous identifiers of the Chiefs own devising. We continue to be
willing to work with staff to resolve whatever problems arise with implementing this
system.
A board like the PCRB can never please everybody. We will be viewed, depending on
one's politics and predisposition, as essential to the function of the community or an
intrusive annoyance, as having too much power or too little, as presuming and doing too
much or showing too little effect. We are prepared to live with that, but feel the need to
stress the importance of maintaining the balance that is built into the ordinance. That
balance requires that the Board be provided with the information it needs — including the
identifying numbers of officers named in complaints — so that it may fulfill its duties
under the ordinance and make fully informed decisions.
Respectfully,
/S/
Leah Cohen, Chair
Police Citizens Review Board
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5413
February 25, 1999
R. J. Winkelhake, Chief of Police
Iowa City Police Department
410 E. Washington Street
Iowa City IA 52240
Dear Chief Winkelhake:
kC ��' I (a pY
This is to confirm our telephone conversation of February 24 acknowledging
your availability to make a presentation on the Special Crimes Action Team
at the PCRB Community Forum on Wednesday, April 28, 1999, at 7:00
P.M., at the Broadway Neighborhood Center.
If there is any information you would like to appear on the notice for this
forum relating to your presentation, please let me know. I will keep you
advised as plans are made.
Thank you for your continuing cooperation and assistance.
Sincerely,
Sandra Bauer, Assistant
Police Citizens Review Board
cc: Board members I/
Douglas Russell
City Council
Eleanor Dilkes
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356.5413
TO: Eleanor Dilkes, City Attorney v O1py
FROM: Sandy Bauer, Assistant to the PCRB
RE: Complaint Forms
DATE: February 25, 1999
Attached is the draft of the information sheet for the Police Department
complaint form and the PCRB complaint form. Would you please review and
forward any comments to the Board. .
Thank you for your continuing assistance in these matters.
cc: Board members
Doug Russell
You want to file a complaint about an Iowa City police officer.
Which complaint form should you use?
There are two kinds of complaint forms. The form you choose
determines how your complaint will be handled.
1. Iowa City Police Department Complaint Form
If you use the Police Department form, your complaint will be
investigated by the Iowa City Police Department. You will be notified about
the outcome of the investigation. Police Department investigations are
handled internally.
This kind of investigation usually takes from xx to xx months.
[This section may need to be expanded by the CityAttorneyd
2. Police Citizens Review Board (PCRB) Complaint Form
If you use the PCRB form, your complaint will be investigated by the
Iowa City Police Department. But, as soon as you file your form, the PCRB
will receive a copy of it, so they know your complaint is being investigated.
When the Police Department has finished its investigation, the Police Chief
will prepare a written report for the PCRB. The PCRB will study the report to
decide whether they agree with the Chief's findings. The Board may also
conduct its own investigation of your complaint before preparing its own
report for the City Council. You will be notified of the outcome of the
PCRB's review.
The PCRB handles its work with complaints confidentially and does
not release the names of citizens or police officers. However, the media may
report information about PCRB decisions.
This kind of investigation, including the time required by the Police
Department and the time required by the PCRB, usually takes between xx
and xx months.
If you have questions about choosing a form, contact the Police
Department (356-5275) or the PCRB Office (356-5413)
B-8-1
CHAPTER
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:
A. Investigations into claims of inappro-
priate conduct by sworn police officers
8-8-2
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; (Ord. 97-3792, 7-15-1997)
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 the police
officer the opportunity to present testi-
mony and evidence; (Ord. 98-3865,
12-15-1998)
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".
D. The Board shall have no authority
over police disciplinary matters be-
299
Iowa City
8-8-2
cause only the Police Chief or City
Manager may impose discipline under
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-
cess.
[:11.1%
I. 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
299
Iowa City
l
by the City Attorney to the extent
provided by law.
L. In order to assure external account- B.
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
LIM
acting in the capacity of a sworn po-
lice officer.
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
DMI
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.
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.
FEW
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:
2W.
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 arid 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. (Ord.
97-3792, 7-15-1997)
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 the police officer so
that the officer may testify before the
Board and present additional relevant
evidence. The Board shall be respon-
sible for protection of all State and
Federal rights enjoyed by the officer.
The officer may waive the right to this
hearing upon written waiver submitted
to the Board. (Ord. 98-3865,
12-15-1998)
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
lM
the officer, but the Board may hold
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:
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
M
Iowa City
8-8-7
of the parties while providing the pub-
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.
am
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
three (3) year terms.
c. Two (2) persons appointed for
four (4) year terms.
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:
299
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
I
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
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
Legal Counsel for PCRB
After passage of the PCRB ordinance the following steps were taken to retain legal
counsel:
1) CA sent a letter to Johnson County and Linn County Bar Associations on July 301h
(copy attached) outlining the position as we saw it then, offering more information if
requested, and asking resumes be submitted to the CA with a deadline of 30 days (August
26).
2) As in all cases where an outside attorney is being retained to represent City employees
or body due to a conflict of interest, the City Attorney establishes minimum
qualifications. After the deadline passe(the City Attorney reviewed the applicants for
minimum qualifications and forwarded all applicants to the PCRB.
3) There was no job description per se, nor was any ad placed in local newspapers.
4) PCRB interviewed all applicants and followed interview format for everyone
interviewed (copy attached).
5) PCRB decided to offer position and City negotiated and entered into the contract.
(Contract signed September 24; Board approved October 2)
Issues this time to be resolved:
Time line?
Job description/simple paragraph of minimum qualifications. CA suggested Doug may
wish to identify areas that are important, i.e. minimum practice experience, or criminal
law experience.
Recruitment area?
Letter? From whom?
Attachments or offer to send upon request? Update that to offer SOP's; mediation
procedure; by-laws?
Ads?
Interview format
Legalcoadoc
July 30, 1997
JOHN S ALLEN
398 BOYD LAW BLDG
IOWA CITY IA 52242
Re: Iowa City Police Citizens Review Board (PCRB)
Dear Member of the Johnson County Bar Association:
111' 'i5'
CITY OF IOWA CITY
The purpose of this letter is to obtain preliminary information from attorneys who are interested in
serving as legal counsel to the newly -formed Police Citizens Review Board ("PCRB"). The Iowa City
City Council gave final consideration to the ordinance establishing the PCRB on July 15, 1997 and
the ordinance became effective upon publication on July 23, 1997. Board members will be appointed
at the Council's meeting on August 26, 1997. If you would like a copy of the ordinance, please
contact my office and we will send you one.
City staff is currently in the process of establishing staff support for the PCRB. Due to potential
conflicts of interest the City Attorney's office will not represent the PCRB. Because we are chartering
new territory with the PCRB it is difficult to imagine all the legal issues that may arise. However, one
can anticipate that counsel will review the bylaws and complaint form and assist the PCRB with
issues concerning the Iowa Open Meetings and Open Records laws, personnel and confidentiality,
police policy and procedure and use of force.
If you are interested in being considered as counsel for the PCRB, please submit the following
information to me no later than August 26, 1997:
1. Resume and/or summary of your education, work experience and any other experience that
particularly qualifies you to represent the PCRB.
2. Current hourly rate. Rates are subject to negotiation.
3. Identify any potential conflicts of interest you may have in representing the PCRB.
Retention of counsel will be one of the first Items on the PCRB's agenda when it meets following
appointment of members on August 26, 1997. The Board will choose its own attorney with assistance
from City staff. The budget for the PCRB will include attorney's fees. Although the fee structure has
not yet been determined, City staff anticipates a guaranteed monthly retainer amount with payment
at an hourly rate for any hours in excess of the retained number of hours.
If you have any questions please feel free to contact me or Assistant City Attorney Dennis Mitchell.
Very truly yours,
Eleanor M. Dilkes
Acting City Attorney
cc: City Council
Steve Atkins, City Manager
Marian Karr, City Clerk
eleanor/E r/a0omey. mrg
610 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240.1936, (519) 356-5000, FAX (519) 556-5009
0
a
ao 70
Q807
July 30, 1997
MEMBERS OF LINN COUNTY BAR ASSOC
C/O KAREN VOLZ - PRESIDENT
PO BOX 50762 I
CEDAR RAPIDS IA 52407-5062
Re: Iowa City Police Citizens Review Board (PCRB) CITY OF IOWA CITY
Dear Member of the Linn County Bar Association:
The purpose of this letter is to obtain preliminary information from attorneys who are interested in
serving as legal counsel to the newly -formed Police Citizens Review Board ("PCRB"). The Iowa City
City Council gave final consideration to the ordinance establishing the PCRB on July 15, 1997 and
the ordinance became effective upon publication on July 23, 1997. Board members will be appointed
at the Council's meeting on August 26, 1997. If you would like a copy of the ordinance, please
contact my office and we will send you one.
City staff is currently in the process of establishing staff support for the PCRB. Due to potential
conflicts of interest the City Attorney's office will not represent the PCRB. Because we are chartering
new territory with the PCRB it is difficult to imagine all the legal issues that may arise. However, one
can anticipate that counsel will review the bylaws and complaint form and assist the PCRB with
issues concerning the Iowa Open Meetings and Open Records laws, personnel and confidentiality,
police policy and procedure and use of force.
If you are interested in being considered as counsel for the PCRB, please submit the following
information to me no later than August 26, 1997:
1. Resume and/or summary of your education, work experience and any other experience that
particularly qualifies you to represent the PCRB.
2. Current hourly rate. Rates are subject to negotiation.
3. Identify any potential conflicts of interest you may have in representing the PCRB.
Retention of counsel will be one of the first items on the PCRB's agenda when it meets following
appointment of members on August 26, 1997. The Board will choose Its own attorney with assistance
from City staff. The budget for the PCRB will include attorney's fees. Although the fee structure has
not yet been determined, City staff anticipates a guaranteed monthly retainer amount with payment
at an hourly rate for any hours in excess of the retained number of hours.
If you have any questions please feel free to contact me or Assistant City Attorney Dennis Mitchell.
Very truly yours,
&,gym. G�
Eleanor M. Dilkes
Acting City Attorney
cc: City Council
Steve Atkins, City Manager
Marian Karr, City Clerk
eleanorAtr/attomey.mq
610 EAST WASNINOTON STREET • IOWA CITY. IOWA 32240.1826 • (710) 356-5000 • FAX (110) 356-3009
aFo4:0
1. What are your reasons for applying for this position?
2. Have you thought about what issues are likely to arise from work
with the PCRB? What is your expertise in dealing with these issues?
- Open meetings and Open Records Law
- Civil Service system
- criminal defense and privilege
- hiring and firing
- conflict of interest
3. What would you do if the Board is not responsive to your advice?
4. If there were a breach of confidentiality by a Board member, what
would you do as counsel?
5. What do you see as your role and time commitment for this position?
STEIN, RUSSELL & PUGH, L.L.P.
ATTORNEYS AT LAW
ENGLERT BUILDING
P. O. BOX 2416
IOWA CITY, IOWA 5="
L. JAY STEIN
DOUGLAS S. RUSSELL
CATHERINE A. PUGH'
'ALSO ADMITTED IN ILLINOIS
Ms. Leah Cohen
Chair, Police Citizen Review Board
410 E. Washington Street
Iowa City, Iowa 52240
Dear Leah:
FAX
(319) 351-6409
TELEPHONE
February 26, 1999 (319) 351.5610
As you are aware, I was appointed District Court Judge by Governor Vilsack on
February 24, 1999. Pursuant to the Rules of Iowa Supreme Court I am required to
leave the private practice of law within thirty (30) days. My present schedule will have
me leaving the practice by March 19th.
As we have discussed, my partner, Catherine A. Pugh, has agreed to serve as interim
legal counsel for the Board at the Board's request. The City Attorney and the City Clerk
are in agreement that she may serve in this capacity. I have the highest confidence in
Catherine's ability as an attorney.
I have forwarded a letter of agreement concerning the terms of Catherine's employment
to the City Clerk.
I anticipate that Catherine and I will both attend the meetings on March 2nd and 9th and
that after the meeting on March 9th I will cease serving as your legal counsel.
I want you and the Board members and the City staff to know that I was honored to be
selected to serve as your legal counsel and I have enjoyed working with you all. It is a
privilege to serve with such a capable, hardworking and sensible group of people. I will
miss you all.
Respectfully,
STEIN, U7 & PUGH, L.L.P.
Douglas S. Russell
DSR.gIg
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