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HomeMy WebLinkAbout07-27-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES -July 13, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:05 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, and J. Stratton. Board members absent: P. Hoffey and J. Watson. Staff present: Legal Counsel C. Pugh and Administrative Assistant S. Bauer. Also in attendance was Captain T. Widmer of the ICPD. CONSENT CALENDAR Motion by P. Farrant and seconded by J. Stratton to adopt the Consent Calendar. Following discussion of (c) of the Consent Calendar (6/30/99 Memorandum from Chief Winkelhake), staff was directed to reply to Chief Winkelhake that the Board wishes a presentation at its August 10~h meeting of the present policy on unmarked cars and plainclothes police officers in making traffic stops, together with the department's proposed changes in its Traffic General Order regarding this issue. Motion carried, 3/2, Hoffey and Watson absent. RECOMMENDATION TO COUNCIL None NEW BOARD MEMBER ORIENTATION Chair welcomed new Board member, John Stratton, and Stratton introduced himself to the Board. Chair Cohen advised that she and administrative assistant Bauer met with Stratton on July 12 to introduce him to the Board's procedures. Active PCRB complaints were provided to Stratton at that time (past complaints are not available to new board members unless the Board is reviewing something in regard to those past complaints). P. Farrant suggested that Board members meet individually with Mr. Stratton to further his orientation to the PCRB and its present members. Legal Counsel Pugh advised of the open meetings/open records law. ANNUAL REPORT PLANNING The draft of the Board's annual report to the City Council was discussed (once the report to the city council is approved, the shortened version will be reviewed). · Members concluded that the 'General Responsibilities" paragraph, as drafted, should remain. · Both the new Board member, J. Stratton, and the outgoing member, M. Raymond, will be acknowledged in the report. · The format of this draft was accepted · #3 and #5 of "Board Concerns" requires expansion. Chair reiterated the concern that a pattern seems to have developed where officer statements are not voluntarily being submitted in a PCRB investigation; nor are officers voluntarily cooperating where a name-clearing hearing is scheduled. Legal Counsel C. Pugh addressed this issue by stating it comes down to the Fifth Amendment, the right against self-incrimination. She stated officers are not required to make any statements, and the only reason that they make the statements within their employment is that their employer can compel them to do so in order to determine whether there are issues to be dealt with by their internal affairs. But those same statements cannot then be disseminated to the Board or to anybody else because of possible civil liability. It's something the employer can compel, but the Board has no authority to compel. Chair stated that staff, upon further research, advised that some other police review boards use the subpoena power (which this Board does not have) as a vehicle to get the same information before the board in an investigation that the Chief has in front of him when he makes his determinations. Farrant expressed the continuing concern of the Board's limited authority and the fact that the Board is compelled to apply a deferential standard of review. That wasn't such a problem at the outset, but now when the Board is getting less and less information, it's a concern that the standard of review and the declining information may produce a problem. Stratton acknowledged that it's difficult to make an informed decision without sufficient information. Statton also expressed his concern that when people take the 5th, there's often the assumption that there is a reason to do that. That presumption may be wrong, but that presumption is nevertheless often there. NEW BUSINESS Cohen reported that staff is delivering a meeting packet (absent confidential matters) to the police department at the same time board members are sent theirs. Captain Widmer stated he will be a regular attendee of board meetings to accommodate questions members may have. When going into executive session, the Chair will advise the police department representative whether that representative should remain until after executive session for followup questions. In a continuing Internet search of police review boards, Bauer provided a suggestion that might help the board in its effort to educate the citizens about its role in the community - enclose the Board's brochure in a city mailing (i.e., with the water bill). MEETING SCHEDULE · Special Meeting July 27, 1999, 6:00 P.M. · Regular Meeting August 10, 1999, 7:00 P.M. Special Meeting August 24, 1999, 7:00 P.M. PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION None EXECUTIVE SESSION Motion by J. Stratton and seconded by P. Farrant to adjourn into Executive Session based on Section 21.5 (1)(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; and 22.7(18) Communications not required by law, rule.or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/2, Hoffey and Watson absent. Open session adjourned at 7:46 P.M. Regular meeting resumed at 8:27 P.M. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by J. Stratton. Motion carried, 3/2, Hoffey and Watson absent. Meeting adjourned at 8:27 P.M.