Loading...
HomeMy WebLinkAbout03-30-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - March 9, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:03 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, M. Raymond and J. Watson. Board member absent: P. Hoffey. Staff present: Legal Counsel D. Russell, Interim Legal Counsel Catherine Pugh, and Administrative Assistant S. Bauer. CONSENT CALENDAR Motion by J. Watson and seconded by P. Farrant to adopt the Consent Calendar, as amended: · The minutes of March 2, 1999, page 2, first bullet is amended to read m..., the Board could refer to how many previous complaints were sustained against a particular officer .... " Motion carried, 4/0, Hoffey absent. RECOMMENDATION TO COUNCIL · Receive PCRB Public Report #98-19 SOP and ORDINANCE CHANGES Motion by M. Raymond and seconded by P. Farrant to accept correspondence dated 3/5/99 from E. Dilkes to D. Russell. Motion carried, 4/0, Hoffey absent. The letter addresses both concerns the Board expressed at the last meeting: 1. The City Attorney has provided SOP language to Section V to allow the Board to receive names of officers in the event it decides, in an appropriate circumstance, to sustain a complaint and to also name the officer. 2. The guidelines for release of a name in a sustained complaint will be addressed at a later date. The Board has the authority to release names but no guidelines. In the event the Board would choose to release a name, it presently would have to devise some system for making that decision, on a case-by-case basis, in cooperation with the City Attorney. Board members inquired about the Hawk Eye case referred to in Ms. Dilkes' letter. Russell stated this case is an Iowa Supreme Court decision about balancing by the court between the public's right to know and the rights of a police officer. This case will be the basis for discussions regarding guidelines in release of names. Russell will provide a copy of this case in the next board packet. Motion by M. Raymond and seconded by P. Farrant to approve the March 5, 1999 draft of the Standard Operating Procedures revisions. Motion carried, 4/0, Hoffey absent. Russell will report the Board's support of these revisions to Ms. Dilkes. The Board has not yet heard from the City Attorney concerning its draft of the complaint form information sheet. COMMUNITY FORUM The draft letter addressed to Chief Winkelhake about the Broadway forum was reviewed. After discussion, staff was directed to forward the letter as amended to the Chief. Chair directed that a draft notice of the forum be available at the next meeting (March 30, 1999). SEARCH FOR NEW LEGAL COUNSEL S. Bauer reported that the President of the Johnson County Bar Association reported he did not have an updated membership list and advised the yellow pages would be more accurate. After discussion, Board members agreed not to send the advertisement for new legal counsel individually to Johnson County attorneys. The Board requested that ads be placed in: · Classifieds · City Website 3 Placement offices at the University of Iowa and Drake Law Schools · The President of the Johnson County Bar Association and the Linn County Bar Association · Other legally required sites A thirty-day timeframe was suggested for advertising. D. Russell distributed a draft of a job description for PCRB legal counsel to be used in advertising for the position. Other suggestions included: · Noted that the applicant should be a licensed attorney · M. Raymond suggested that attendance at all meetings be included in the description, · Reference be made that the independent legal counsel reports to the Board. Staff was directed to move forward with drafting and placing the ad and receiving applications and inquiries. Motion by M. Raymond and seconded by P. Farrant expressing the Board's appreciation and thanks to D. Russell for his faithful service on the Board's behalf and extending best wishes to him in his new endeavor. Motion carried, 4/0, Hoffey absent. ANNUAL REPORT PLANNING Staff noted the next annual report is due in August; a reminder will be sent to all boards and commissions in June. L. Cohen and P. Farrant were appointed as a subcommittee to work on the annual report, with the assistance of staff. The Board agreed to use the same process as was followed for their first annual report. This agenda matter will appear as an ongoing agenda item until the annual report is completed. POLICE DEPARTMENT INVESTIGATIVE INTERVIEWS AS a procedural matter, Legal Counsel noted there has been periodic discussion about the nature of police interviews of witnesses as part of the investigation of complaints made to the Board. He advised the Board to be aware that this is an area that balances between executive and public session. Board concerns with police department reports are appropriate for public meetings, but the content of specific reports are appropriate for executive session. He also reminded Board members that there were some pieces of information from complaint investigations where none of the members had recused him or herself because of a conflict, and there were some reports where a board member had recused for a conflict. Whether in public or in executive session, all Board members may not be able to participate. Russell further recommended that if a specific piece of a complaint investigation is to be discussed in executive session, the agenda should reflect "Executive Session, Police Department Investigative Interviews," which would make it understood that what was being discussed was confidential information relating to that topic in executive session. J. Watson expressed the Board's concern about some of the Police Department investigative interview methods, and the Board's intention to address this in a fair and constructive manner. Watson suggested a board subcommittee be appointed to summarize the most important "generic' concerns regarding these investigative interviews. At a later time the Board could discuss these issues with the Chief, together with the more specific examples. The subcommittee can report back to the full Board in executive or public session, as the Chair feels most appropriate for agenda purposes. After discussion, Chair appointed M. Raymond and P. Hoffey as the subcommittee. "Police Department Investigative Interviews" will be an ongoing agenda item as the subcommittee reports back to the Board. MEETING SCHEDULE · Special Meeting March 30, 1999 - PCRB Priority- Setting Meeting Regular Meeting April 13, 1999, 7:00 P.M. · Special Meeting April 27, 1999, 7:00 P.M. · Community Forum at Broadway Neighborhood Center, April 28, 1999, 7:00 P.M. Chair recommended to the Board that the PCRB hold meetings on the second and fourth Tuesday of each month rather than on a weekly basis. After discussion, the Board agreed. This would allow: · All packet information and enclosures shall be due by the Thursday prior to the next Tuesday meeting; · The Chair's direction that all documents requiring her review and/or signature be available on the Thursday afternoon prior to the next Tuesday Board meeting; · Preference by Chair that there be no packet deliveries. Packets will be mailed on the Friday before a Tuesday meeting, allowing Board members the weekend to review agenda items; · Distribution of documents at meetings (that are relevant to an agenda item) are the responsibility of the person presenting. Board members were asked to bring suggestions to the priority-setting meeting on March 30, 1999. Interim Counsel Catherine Pugh will serve as facilitator for the discussion. PUBLIC DISCUSSION None BOARD INFORMATION M. Raymond - distributed two newspaper articles from the New York 77roes. Ms. Raymond also noted her E-mail address change, which is listed in Iowa City Board and Commissions incorrectly. (The correct address is raymond@uiowa.edu) STAFF INFORMATION Doug Russell - distributed an article from the ICON. Mr. Russell also recommended that a Board member attend the City Council meetings when the PCRB SOPs are an agenda item. Chair stated she will attend the informal and formal meetings on March 19 and Merch 30. S. Bauer - distributed an article from the Cedar Rapids Gazette EXECUTIVE SESSION Motion by J. Watson and seconded by M. Raymond to adjourn into Executive Session based on Section 21.5(a) of the Code of iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22.7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code. Motion carried, 4/0, Hoffey absent. Open session adjourned at 8:13 P.M, Regular meeting resumed at 9:08 P.M. Vice Chair Watson noted that Chair Cohen, citing a conflict of interest, recused herself during executive session prior to the discussion on PCRB Complaint//98- 19. Motion by P. Farrant and seconded by M. Raymond approving PCRB Public Report #98-19 and directing staff to forward it to City Council. Motion carried, 3/0, Cohen and Hoffey absent. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by M. Raymond. Motion carried, 3/0, Cohen and Hoffey absent. Meeting adjourned at 9:04 P.M.