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HomeMy WebLinkAbout07-27-1999 Communication DRAFT ANNUAL REPORT OF THE POLICE CITIZENS REVIEW BOARD October 1, 1998 to June 30, 1999 GENERAL RESPONSIBILITIES The Police Citizens Review Board (PCRB) was created by Ordinance No. 97-3792 of the City of Iowa City on July 15, 1997 (amended by Ordinance No. 99-3877 on April 28, 1999). The Board 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 by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types and disposition of complaints of police misconduct. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code, the Board's By-Laws and Standard Operating Procedures and Guidelines. PCRB Responsibilities include: 1. Review all complaints of police misconduct · Review Chief's Report in a manner that is fair, thorough and accurate · Issue public report to City Council 2. Help the Chief, City Manager, and City Council evaluate the overall performance of the Iowa City Police Department (ICPD) · Maintain a monitoring system for tracking complaints · Provide an annual report to the City Council · Review practices, procedures and policies and make recommendations for change Recommend ways for the ICPD to improve community relations and be more responsive to community needs 3. Assure the citizens of Iowa City that the ICPD's performance is in keeping with community standards. · Seek and accept comment, opinion and advice PCRI~ Annual Rcp(~rt FY 'g9 7/27199- ] · Hold periodic community forums to gather public input and to inform the public ACTIVITIES AND ACCOMPLISHMENTS FROM 10/1/98 TO 6/30/99 Meetings The PCRB holds regular meetings on the second Tuesday and special meetings on the fourth Tuesday of the month. To address complaints during the period covered by this report and to handle a variety of administrative tasks and outreach activities, the Board held 30 meetings, each averaging two to three hours in length. Board members assigned to review investigations of complaints and prepare written reports for the City Council spent up to four hours per complaint to complete these tasks. The whole Board also devoted about 16 hours to discussions, preparations, meetings, and presentations related to changes in By-Laws, Standard Operating Procedures (SOPs), and the City Ordinance. We estimate that during the period covered by this report, Board members each dedicated at least 84 hours to the work of the PCRB (for a total of 420 hours). Administration Bylaws, Standard Operating Procedures, City Ordinance Changes During the year, the Board worked with City staff and the Council to make minor revisions to its By-Laws and to obtain formal approval for the Standard Operating Procedures (SOP) the Board originally implemented in September 1998. In addition, the City revised the Ordinance under which the Board was established and operates. During this lengthy process, the full Board and individual members met a number of times with City staff and the City Council, and the full Board made a formal presentation to the Council, expressing concerns related to proposed SOP and ordinance revisions. One of the Board's major concerns was that it continue to have access to information with which to track patterns in complaints against officers, though not necessarily information that would identify individual officers. Satisfactory resolutions of this issue and other matters were ultimately reached and are reflected in the ordinance amendment passed on April 28, 1999 and in the changes approved for the SOPs. PCRB Annual Rcporl FY '99 7/27/9~;-2 Complaint Procedures To streamline the complaint process for complainants, the Board redesigned and simplified the complaint form to collect only essential information. It also initiated development of a simple message to accompany both the PCRB form and the Police Department complaint form. This message was designed to help complainants choose which form to complete and, thereby, to designate the process by which their complaints will be handled. The Board also developed form letters and procedures for addressing untimely filed complaints and standardized the content of routine board correspondence. Ordinance 99-3877 extends the time complainants have for filing complaints from 60 to 90 days of the alleged misconduct. Time Required to Complete the Complaint Review Process To complete the Board's review and reporting on complaints in the reporting period covered by this report, both the Board and the Police Department consistently found it necessary to request extensions of the time limits specified in the ordinance establishing the Board. Both groups requested that these limits be extended. Ordinance No. 99-3877 specifies that the Chief's Report to the Board must be completed within 90 calendar days after a complaint is filed and that the Board's report to the City Council must be completed within 45 calendar days of receipt of the Chief's Report. Community Forums The PCRB held two public forums during the reporting period covered by this report. Approximately 60 people, including a number of Iowa City police officers, attended the forum at the Newman Center on December 1, 1998. Discussion and comments focused mainly on concerns of university students. The Police Chief made a presentation at the forum held at the Broadway Neighborhood Center on April 28, 1999. The Board heard comments from neighborhood young people, landlords, and other citizens, mainly about neighborhood concerns. Issues raised at community forums help determine the direction of Board activities and are addressed in its long-term goals. PCRB Annual Reporll:Y '9~ 7/27/99-3 To provide more flexibility in options for future forums, the Board modified its By-Laws to permit forums to be held in non-City buildings. Complaints Number and Type of Allegations The Board received thirteen complaints in the reporting period covered by this report, nine in calendar year 1998 and four to date in calendar year1999. Nine public reports have been issued by the Board; one was dismissed as not timely filed; three are now under review, The following data are based on the twenty-eight allegations in the nine complaints reported on. All nine complaints contained more than one allegation. Allegations Excessive force 5 Rude behavior or "attitude" 4 Racial discrimination/racially motivated behavior 3 Unreasonable search 3 Disagreement with officer assessment of the situation 3 Unprofessional conduct 2 Unwarranted charged filed 2 No probable cause 1 Arrest for intoxication on private property 1 Complainant not informed of outstanding warrant 1 Complainant not permitted to take medication 1 Unnecessary administration of breath test Profanity used 1 Level of Review Selected for Complaints Covered in this Report The Board decided, by simple majority vote, the level of review to give each report submitted by the Chief or the City Manager, selecting one or more of the six levels specified in the City Code: 10/1/98 to 6/30/99 Level a On the record with no additional investigation 4 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer O Level d Request additional investigation by Chief or 5 City Manager, or request police assistance In the Board's own investigation Level e Board performs its own additional investigation 4 Level f Hire independent investigators 0 I~('RB AanualReporlFY '99 7/27/99-4 Complaint Resolutions Complaints of misconduct of police officers are investigated by the Police Department. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizen's complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report for the City Council, with copies to the Chief, the officers involved, the City Manager, and the complainant. Of the twenty-eight allegations listed in the nine complaints for which Board reports have been released, twenty-six were not sustained and two were sustained. Comments and/or recommendations for improvement in police policy, procedures, or conduct were made in four of the Board's reports. The following is a synopsis of the Board's comments and recommendations: · An officer was summoned to a situation that was complicated by cultural and language differences. The Board recommended that officers receive further training in awareness of cultural differences, and suggested that officers exercise more flexibility when responding to clearly "non-standard" situations. · The Board questioned the appropriateness of using plainclothes police officers in unmarked vehicles for traffic stops. · The Board suggested that the Chief make it clear that the use of profanity by officers while acting in an official capacity is unprofessional conduct; that the Chief enhance training in methods to de-escalate situations and to prevent escalation, and; that the Chief reinforce efforts to insure racial and cultural neutrality in all policies, practices, and procedures. · The Board concurred with the Chief's plan to provide formal counseling on public contact and demeanor for an officer. Name Clearing Hearings The ordinance requires the Board not issue a report critical of the conduct of a sworn officer until after a name clearing hearing has been held. During the period covered in this report, the Board scheduled two name- PCRB Armual I{epor! FY '99 - 7/27/~{I-5 clearing hearings; in both cases, the officers waived their right to the hearing and did not attend. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to request for mediation. The Board received no requests for mediation during the reporting period covered by this report. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties while providing the public with information on the overall performance of the Police Department. In addition, at one of its first meetings, the Board independently agreed that it did not wish to use the names of officers or complainants in cases in which complaints are sustained. The Board and the Police Chief agreed to use only the unique code numbers the department has assigned to each Iowa City police officer. During the reporting period covered by this report, there was a great deal of debate over a proposal to discontinue the use of these individual unique identifiers and replace them with a numbering system that would not have permitted the Board to identify (by identifying number only) patterns in complaints against officers. After ~engthy deliberations that included several presentations by the Board, the City Council agreed not to change the ordinance but to retain the current practice of preserving officer identity through use of individual unique identifying numbers assigned by the department. Complaint Histories - 10/1/98 to 6/30/99 Of the ten complaints this report addresses, eleven officers were named. One officer was cited in four of these complaints, and one officer was cited in two. The remaining officers were each cited once. DEMOGRAPHICS OF COMPLAINANTS The following demographic information provides information from the 10 complaints for which the Board has submitted its report to the City Council. Because demographic information is provided voluntarily, the Board has incomplete information to report. Of the ten complaints, eight complainants provided some demographic information. Under 21 - 1 complainant Over 21 - 6 complainants Unknown 3 complainants Color: White 4 complainants Black - 2 complainants Unknown - 4 complainants National Origin: US - 1 African - 1 Irish 1 German - 1 Unknown 6 ~ender Identity: Male - 4 Female 2 Unknown 4 Sex: Male 4 Female 4 Sexual Orientation: Heterosexual 3 Unknown - 7 Marital Status: Married 3 Unknown - 7 Mental Disability: No - 4 Unknown - 6 _Physical Disability: No 4 Unknown - 6 Religion: Agnostic ~ 1 Catholic - 2 Unknown 7 Some of the demographic information the complainant identifies was not necessarily provided on the demographic page attached to the complaint form, but rather from the first page of the complaint form which identifies the complainant. BOARD CONCERNS, ISSUES The Board concerns and issues include: 1. Continue to monitor and address issues related to race-based traffic stops and other race-based (profiling) issues in policing; closely monitor data results collected by the ICPD. 2. The need to finish work on the information "card" to be distributed with complaint forms, and to specify uniform procedures for distribution. 3. The continuing concern from last year on the limits on the authority of the board and deferential standard of review. 4, Continue to work on process to get appropriate level of data on all written complaints filed on Police Department complaint forms 5. Continue to work on specific areas of concern with respect to department policies, procedures, practices: · interview techniques · Acquisition of written transcripts of officer statements · Participation of officers in name~clearing hearings PCRB GOALS FOR YEAR 2000 I. Mission A. Review complaints of police misconduct B. Help ensure that police department is responsive to community needs I1. Goals A. Board Education · Hold forums (minimum of two a year) · Continue to streamline Board procedures · Continue to look at involvement with national boards and associations · Establish a baseline of information to anatyze different types uf reports · New Board member briefings · Visit Police Academy at Camp Dodge B. Community Education ,, Hold forums · Provide ii,formation aimed at improving officers' understanding of the Board's function and educating the public about the PCRB C. Policy/Practice/Procedure (PPP) Review · Review general police policies, procedures and practices, to include the use of force · Address the perception of discriminatory enforcement · Community relations COMMISSION MEMBERS Leah Cohen, Chair John Watson, Vice Chair P~tricia Farran[ Paul Hoffey Margaret Raymond resigned, effective June 1, 1999 Filing a Complaint About an Iowa City Police Officer There are two kinds of complaint forms. Thc form you choose determines how your complaint will be handled. Iowa Ci~, Police Department Complaint Form If you use the Police Department form, thc Iowa City Police Department will determine how to investigate your complaint. The investigation may be informal, such as a discussion between you and thc officer's supervisor. Or, it may be formal, which means that you, the officer, and witnesses will be interviewed by Police Department investigators ~ a written report on thc department's findings and conclusions wi'Il be prepared. You will be notified of the outcome of the investigation. Generally, investigations and any officer disoipline that may result t~om them are considered nonpublic, confidential records. By law, the Police Chief decides if and how an officer will be disciplined. When you use the Police Department complaint form, it usually takes from one week to three months to receive a final response fi'om the department. Po~ice Ci~tizens Review, Board (PCRB),,Complaint Form If you usc the PCRB form, thc Police Department will conduct a formal investigation. As soon as you file your form, the PCRB will also receive a copy of it, so they know your complaint is being investigated. When formal investigation is completed, the Police Chief will prepare a written report and send copies to the PCRB, to you, and to the officers involved. The PCRB then reviews the Chief's Report and sometimes conducts its own investigation. The PCRB decides whether the Chief's conclusions are reasonable and issues a public report to the City Council. You will be notified of the outcome of the PCRB's review. The PCRB has no authority to discipline police officers. The PCRB handles its work with complaints confidentially and generally does not include information identifying you or the officer in its repert~ However, ifa complaint i~ upheM, thc PCRB docs have the right to include the names of complainants and officers in its reports. When you use the PCRB complaint form, it usually takes three months for the Board to receive thc Chiet~s Report on the formal investigation and an additional one to two months for the Board to complete its work. If you have questions about choosing a form, contact the Police Department (356-5275) or the Police Citizens Review Board Office (356-5413) For more information about the PCRB, consuit thc city ordinance that established it (Iowa City Code Chapter 8-8). Copies are available in the City Clerk's office at the Civic Center, 410 E. Washington Street (356-5043). Information She~ 6/99 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 July 15, 1999 R. J. Winkelhake, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City IA 52240 RE: Traffic Policy D,ear Chief Winkelhake: In reply to your memorandum dated June 30, 1999, the PCRB would still request a presentation by you or a representative of your department at its meeting on Tuesday, August 10, 1999, on the issue of unmarked cars and plainclothes police officers in making traffic stops. This request was prompted by recent incidents involving this issue. Therefore the Board wishes to discuss with you or your representative the Traffic General Order presently in effect and the General Order which the department and the City's legal staff is proposing regarding this topic. Would you please advise Sandy Bauer by July 22 if this meets with your approval. Thank again for your cooperation on this matter. Sincerely, Leah Cohen, Chair Police Citizens Review Board Spouses and relatives of City Council Members and members of comparable County Boards and Commissions are not eligible for appointment to City Boards and Commissions. This includes: spouse, child, mother, father, mother- in- law, father- in- law, brother, sister, brother- in- law, sister- in- law, step-father, step-mother, step-child, aunt, or uncle. (Resolution 85-354) M~les: 3 Females: 2 July 27, 1999 POLICE CITIZENS' REVIEW BOARD One Vacancy - Four-Year Term September 1, 1999 - September 1, 2003 James Clayton [] 3059 Prairie du Chien Road NE (not in the City Limits) John Robertson [] 915 Oakcrest #12 Jeff M. Gillitzer [] 911 Highland Avenue Ron Keefer [] 1030 E. Court Street AS OF NOON 7115199 John Watson [] (served initial two year term) 403 Elmridge Avenue [] Denotes applicant completed the Confidential page of the application. CITY OF IOWA CITY POLICE CITIZEN REVIEW BOARD APPLICATION FORM - Individuals serving on Boards/Commissions play an important role in advising the Coun~fl on r~tters of interest to our community and its future. Applicants must reside in Iowa City. However, the City Counci~ reserves the right to waive the residency requirement for good cause shown. After a vacancy has been announced, the Council reviews all applications during the work session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "CONFIDENTIAL', THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. NAME ~~ ~~ HOME ADDRESS ~0 ~ ~ [~ ~[~ ~'~ 's your home address (listed above) within the corporate limits of Iowa City~ ~Yes ~ No How long have you been a resident of Iowa City? ~ ~ ~.~ ~ PHONE NUMBER: HOME 3~7--~2-2~ BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: '~ ~,~ PCRB Page 2 ~RE YOU OR HAVE YOU EVER BEEN A "PEACE OFFICER" AS DEFINED IN IOWA CODE SECTION 801.4(11) 3EE BELOW). IF SO, PLEASE IDENTIFY THE POSITION(S), THE DATES YOU HELD THE POSITION(S), A BRIEF DESCRIPTION OF YOUR DUTIES IN THE POSITION(S) AND THE REASON YOU LEFT THE POSITION(S)· "Peace officers", sometimes designated "law enforcement officers", include: a. Sheriffs and their regular deputies who are subject to mandated law enfo/j~e- ment training. b. Marshals and police officers of cities. c. Peace officer members of the department of public safety as chapter 80. d. Parole officers acting pursuant to section 906.2. .~,, e. Probation officers acting pursuant to section 602.7202, subsection, "'~ section 907.2. _~,.,_ ~-' f. Special security officers employed by board of regents institutions asset fo~ in section 262.13. g. Conservation officers as authorized by section 456A. 13. h. Such employees of the department of transportation as are designated "peace officers" by resolution of the department under section 321.477. i. Employees of an aviation authority designated as "peace officers" by the authority under section 330A.8, subsection 16. j. Such persons as may be otherwise so designated by law. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? ! WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR ~ ~1 ~ I~ ~ I / ~' / - j PCRB Page 3 IF YOU THINK A CONFLICT OF INTEREST MAY EXIST BETWEEN OTHER ACTIVITIES IN WHICH YOU ARE ENGAGED AND YOUR POSSIBLE APPOINTMENT TO PCRB, PLEASE DESCRIBE BELOW AND THEN CAN CONTACT THE CITY ATTORNEY'S OFFICE. IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? t,' YES NO DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES J'~/NO (It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer ell questions on the application you may not be considered for appointment. cclefk~oolctapp.doc July 1997 CITY OF IOWA CITY r")LICE CITIZEN REVIEW BOARD ..- APPLICATION FORIVi - Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. However, the City Council reserves the right to waive the residency requirement for good cause shown. After a vacancy has been announced, the Council reviews all applications during the work session. The appointment is made at the next formal Council meeting. Appointees serve as unpaid volunteers. PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City, Iowa. THIS APPLICATION IS A PUBLIC DOCUMENT AND AB SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "'CONFIDENTIAL'", THIS APPLICATION WILL BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY DURING THAT TIME. ADVISORY BOARD/COMMISSION NAME TERM~~.~ [,'*ME R(3h ~ ~ ;:~ HOME ADDRESS Is your home address (listed above) within the'corporate limits of Iowa City? ~ Yes __ No ,Jow long have you been a resident of Iowa City? ZT/,.~ ~] ~' o.. y-._~ OCCUPATION (~ ~ ~ ~'o J ,'o PHONE NUMBER: HOME /~(o¢1 EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: PCRB Page 2 A~c. YOU OR HAVE YOU EVER BEEN A "PEACE OFFICER" AS DEFINED IN IOWA CODE SECTION 601.4(11) : BELOW). IF SO, PLEASE IDENTIFY THE POSITION(S), THE DATES YOU HELD THE POSITION(S), A BRIEF DESCRIPTION OF YOUR DUTIES IN THE POSITION(S) AND THE REASON YOU LEFT THE POSITION(S). "Peace officers", sometimes designated "law enforcement officers", include: a. Sheriffs and their regular deputies who are subject to mandated law enforce- ment training. b. Marshals and police officers of cities. c. Peace officer members of the department of public safety as defined in chapter 80. d. Parole officers acting pursuant to section 906.2. e. Probation officers acting pursuant to section 602.7202, subsection 4, and section 907.2. f. Special security officers employed by board of regents institutions as set forth in section 262.13. g. Conservation officers as authorized by section 456A. 13. h. Such employees of the department of transportation as are designated "peace officers" by resolution of the department under section 321.477. i. Employees of an aviation authority designated as "peace officers" by the authority under section 330A.8, subsection 16, j. Such persons as may be otherwise so designated by law. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? PCRB Page 3 IF YOU THINK A CONFLICT OF INTEREST MAY EXIST BETWEEN OTHER ACTIVITIES IN WHICH YOU ARE ENGAGED AND YOUR POSSIBLE APPOINTMENT TO PCRB, PLEASE DESCRIBE BELOW AND THEN CAN CONTACT THE CITY ATTORNEY'S OFFICE. IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED7 .~ YES NO DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES ~ NO (It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.) Misrepresentations on this application will constitute just cause for removal of an appointee. If you fail to answer all questions on the application you may not be considered for appointment. c~;lerk~olctapp.do¢ July 1997 Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St.; lc)wa City, IA 52240; (319) 356-5030 ORDINANCE NO. 99-3891 ORDINANCE AMENDING CITY CODE TITLE 8, CHAPTER 8, ENTITLED "POLICE CITIZENS' REVIEW BOARD," SECTION 7, ENTITLED "DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES", REGARDING IDENTIFICATION OF COMPLAINANT(S) AND/OR POLICE OFFICER(S) IN THE BOARD'S PUBLIC REPORT OF A SUSTAINED COMPLAINT TO THE CITY COUNCIL. WHEREAS, the ordinance establishing the Police Citizens' Review Board allows the Board to include the names of the complainant(s) and police officer(s) in the Board's pubric report of a sustained complaint to the City Council; and WHEREAS, it is in the public interest to provide a balancing test the Police Citizen's Review Board must use to determine whether it will identify the complainant(s) and/or police officer(s) in its public report of a sustained complaint to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 8, Chapter 8, entitled "Police Citizens' Review Board," of the City Code be hereby amended as follows: 1. Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 3 is hereby amended by deleting said subsection and substituting in lieu thereof a new Title 8, Chapter 8, Section 7, Subparagraph B, Subsection 3, as follows: 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 complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include Ordinance No. 99-3891 Page 2 the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the Board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the Board's reasons for such determination, The Board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least 10 working days prior to such disclosure. In addition, the Board's public reports 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 complainant(s), the police officer(s), the Police Chief and the City Manager. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby re- pealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final pas- sage, approval and publication, as provided by law. Ordinance No. 99-3891 Page 3 Passed and approved this 13thday of July ,19 99 · ATTEST: ~ dITY'"CLERK ' ' A~,~ve d by City Attorney's Office Ordinance No. _99-3891 Page 4 It was moved by Norton and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef First Consideration 6/15/99 Vote for passage: AYES: Norton, Thornberry, Vandet'hoef, Champion,. Kubby, Lehman. NAYS: O'Donnell. ABSENT: None. Second Consideration 6/29/99 Vote for passage: AYES: Lehman, Norton, Thornberry, Vanderhoef, Champion, Kubby. NAYS: O'Donnell. ABSENT: None. Date published 7/21/99 POLICE CITIZENS REVIEW BOARD (Revised 7/27/99) MEMBERS: PCRB Administrative Assistant Leah Cohen, Chair Sandy Bauer 643 Scott Park Drive 207 Senior Center iowa City IA 52240 Bus: 356-5413 Res: 354-0005 sandy_bauer~iowa-cit¥.org Bus: 337-4703 Patricia Farrant PCRB Legal Counsel 1050 Woodlawn Iowa City IA 52245 Catherine Pugh Res: 337-2928 Englert Bldg. Bus: 337-1409 P,O. Box2415 farrant@act.or§ Iowa City IA 52246 Bus: 351-5610 Paul Hoffey 35 Somerset Place Iowa City IA 52240 Res: 339-8939 John Stratton 815 Wylde Green Road Iowa City IA 52246 Res: 338-6109 Bus: 335-2499 John Watson 403 Elmridge Ave. Iowa City IA 52245 Res: 337-9225 Bus: 337-4158 wat son.john(~_,mcleodusa.net