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HomeMy WebLinkAbout08-24-1999 MinutesPOLICE CITIZENS REVIEW BOARD MINUTES - August 10, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 5:00 P.M. ATTENDANCE Board members present: L. Cohen, P. Farrant, P. Hoffey, J. Stratton and J. Watson. Staff present: Legal Counsel C. Pugh and Administrative Assistant S. Bauer. Also in attendance was Iowa City Police Chief R. J. Winkelhake. CONSENT CALENDAR Motion by J. Stratton and seconded by P. Hoffey to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL Receive PCRB Public Report #99-02 POLICE POLICIES, PRACTICES, AND PROCEDURES Chair confirmed that P. Farrant will provide information regarding her research on police review national boards and associations at the meeting on September 14, 1999. P. Hoffey stated the only exception he found in the Internal Affairs Investigation General Order was on page "ADM 06.8.4(e), "Policy Failure: Investigation reveals that the alleged acts did occur and were improper; however, the officer was acting in accordance with established Department policy." "In other words," Hoffey said, "maybe the officer followed the policy, but maybe the policy is wrong... I've never seen that before, it's quite innovative..." Hoffey stated he feels the General Order is quite comprehensive. There was Board consensus that there is no need at this time to further review the Internal Affairs Investigation General Order. Hoffe¥ stated he reviewed the C.A.L.E.A standards, marking several items he would like to see further discussion on: (a) stopping procedures [which will be covered tonight], (b) hot pursuit policy, and (c) use of deadly force. Winkelhake stated the "hot pursuit policy" is completed and was recently put in the "Policy & Operation Procedures Manual." Bauer stated she will include the General Order on hot pursuit in the next packet. Watson requested that the Board be advised on the present status of legal vehicle searches and personal searches in connection with a vehicle stop (iowa law). Legal Counsel Pugh stated she will provide case law and actual factual circumstances. Chair directed Pugh to provide this information to the Board at its meeting on September 14, 1999. With respect to the use of force policy, Winkelhake stated this policy could be discussed and then the Board could be shown what the department does through the use of a video which is used in their MATS training. Chair requested that this policy be on the agenda for October 12, 1999. Winkelhake confirmed his availability and stated he will report to Bauer as to the length of the video; if need be, that meeting will commence at 6:00 p.m. P. Hoffey reported on his knowledge of the issue of plainclothes police officers and unmarked cars in making traffic stops. As references in the "Standards for Law Enforcement Agencies, third edition, Chapter 61," he stated it's a standard which is optional for all police departments. However, there is a requirement for a written directive which establishes procedures for stopping and approaching traffic law violators, which is mandatory for all departments. Hoffey further stated, "It's not uncommon for law enforcement agencies to have unmarked vehicles for enforcement purposes, with plainclothes police officers in those vehicles. By the same token, there are departments that have required their officers in plainclothes in unmarked vehicles when making a traffic stop, for whatever the reason, to call in a marked unit to make that stop. That's done for several reasons, (1) the vehicle may not stop because they don't know who's trying to stop them, especially after dark, (2) creates a greater risk to the citizen. Since it places the citizen at risk, it is important that there be a requirement that a marked police unit make the stop. Presentation by Chief Winkelhake There may be situations when a marked unit is not available and it's absolutely essential that a stop be made as soon as possible, but that would be rare. It is Hoffey's opinion that there are many law enforcement marked units in the State of Iowa. If you can't find a local unit to make the stop in Iowa City, you perhaps have a University unit, a Sheriff's unit, a Coralville unit, or possibly a State Trooper. So it's not uncommon to have unmarked cars and plainclothes police officers making stops; and it's not uncommon that there are requirements that if a stop is to be made by an unmarked car with a plainclothes police officer, that they contact a marked unit to make that stop. Some departments require it and some don't. Very few have it as a matter of policy, but do as a matter of practice. If it's going to be a matter of requiring a marked unit to be called in to make the stop, usually it's a written directive of some sort." After explaining the process with Orders, Chief Winkelhake gave his presentation on the department's General Order on Traffic. The issue of unmarked police cars and plainclothes police officers making traffic stops is covered in the Order under III.A. 8 and 9. Discussion followed with Board members. in response to what information can be given to citizens in this community to feel safe and be safe, Winkelhake stated a citizen in Iowa City can open their car window slightly to request police officer identification and to request going to a lighted area or to the police station. This is not a written policy, but a general practice; Winkelhake stated he would hope all Iowa City officers would allow this. There is no statewide or universal mandate on this issue. John Watson requested that the "In Car Recording Devices" General Order be placed on the agenda for the next Board meeting. As a point of clarification in the "In Card Recording Devices" General Order, page OPS 12.3, Tape Control, 4 second paragraph, "An officer may request that a tape be removed from service if he/she believes it contains information of a critical [to the case] nature...", Watson stated this implies that the tape may be protected or privileged for the officers, like an transcript. (An officer can refuse to release a transcript of his interview in the course of an investigation; the Board doesn't have automatic access to that.) If there was a PCRB case and there was an in-car tape of the incident, Watson questioned whether that too could be considered privileged. The Chief did not know the legal answer to the question, but responded it is his opinion that it would not be considered privileged information. The Board requested that the issue of plainclothes police officers and unmarked cars in making traffic stops appear again on the next meeting agenda. REVIEW PROCESS & REPORT-WRITING P. Farrant distributed "Suggestions for Modifying the Report Writing Process." Discussion was deferred until the next meeting. Chair advised that Paul Hoffey has joined the report-writing committee. NEW BUSINESS None MEETING SCHEDULE · Special Meeting August 24, 1999, 7:00 P.M. · Regular Meeting September 14, 1999, 7:00 P.M. · Special Meeting September 28, 1999, 7:00 P.M. · Regular Meeting October 12, 1999 · Special Meeting October 26, 1999, 7:00 P.M. PUBLIC DISCUSSION Press Citizen reporter, Grace Shim, requested board membership identification. BOARD INFORMATION None STAFF INFORMATION With direction by the Board, C. Pugh stated, in regard to the in car recording devices, she will contact the City Attorney to determine whether tapes are available to the Board. EXECUTIVE SESSION Motion by P. Farrant and seconded by J. Watson 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, 5/0, all members present. Open session adjourned at 6:10 P.M. (Watson left meeting at 6:30 P.M.) Regular meeting resumed at 6:50 P.M. Motion by P. Hoffey and seconded by P. Farrant to approve PCRB Public Report #99-02 and forward it to the City Council. Motion carried, 4/0, Watson absent. Motion by J. Stratton and seconded by P. Hoffey to review PCRB #99-03 at level 8-8-7 B. 1 (a) in accordance to the ordinance. Motion carried, 4/0, Watson absent. ADJOURNMENT Motion for adjournment by P. Farrant and seconded by P. Hoffey. Motion carried, 4/0, Watson absent. Meeting adjourned at 6:53 P.M.