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HomeMy WebLinkAbout09-14-1999 Minutes POLICE CITIZENS REVIEW BOARD MINUTES - August 24, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 7:00 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 Captain T. Widmer of the ICPD. CONSENT CALENDAR Motion by P. Hoffey and seconded by P. Farrant to adopt the Consent Calendar. Motion carried, 5/0, all members present. RECOMMENDATION TO COUNCIL Receive PCRB Public Report//99-03 POLICE POLICIES, PRACTICES, AND PROCEDURES In Car Recording Devices General Order Deferred until receipt of City Attorney's response to C. Pugh's correspondence of August 20, 1999. Update by Legal Counsel on Search & Seizure Law during Traffic Stops C. Pugh gave an overview of the Fourth Amendment, stating the principle is reasonableness and a balancing of competing interests. The two recent Supreme Courts cases regarding searches during traffic stops are: 1. Houghton, which allows police officers with probable cause to search a car, and may inspect a passenger's belongings that could conceal what they are searching for even if there is no evidence that they are engaged in a common enterprise. A warrant is needed if the person is not in the car or the car is on private property. 2. Knowles, a US Supreme Court case, rejected Iowa's search incident to citation. Must now have probable cause to search a car or be searching it incident to arrest of the driver. (Can no longer search without probable cause when they issue speeding ticket, however driver can still be asked for consent to search.). Discussion regarding Chief Winkelhake's Presentation on Plainclothes Police Officers and Unmarked Cars in making Traffic Stops. Cohen stated she was glad to see something in the Press Citizen about the presentation as a means to educate the public. It was the consensus of the Board that it was a good presentation. Hoffey stated he appreciated reviewing the policy governing traffic stops in general. He stated he is still of the opinion, however, that traffic stops should not be made by plainclothes police officers in unmarked vehicles for the safety of the citizens. Hoffey considers the black tee-shirts worn by the SCAT team as "plainclothes" as the officers are not in uniform. REVIEW PROCESS & REPORT-WRITING The Board discussed the ~Suggestions for Modifying the Report Writing Process." · Farrant stated the motivations for making this a basis for discussion are (1) to maintain the skill the Board has developed in writing reports; (2) to develop the most rational procedure for writing reports. · Farrant stated a brief, containing all the salient information, would get everybody to the same level of information. · A standard procedure for reviewing complaints would be easier to draw a new person into the report-writing process. · Watson suggested Step #3 include a more thorough group discussion before the report-writing starts, to include whether the allegation as stated in the Chief's Report reflects the allegation the complainant has. Legal counsel agreed that the Board can rephrase the allegation to reflect what the Board feels more closely states the complaint. (This might be included on a checklist at the Step #3 level.) · The steps could be collapsed. · Sufficient time to go through this process was discussed; at a minimum, three to four meetings would be required. The Board agreed to follow the suggestions, as outlined, for the next complaint. Chair advised that on the last PCRB Report that went to Council, there appeared a particular date that was agreed as a Board would not appear, so the Report was amended before it was distributed. NEW BUSINESS Chair reiterated the Board's direction to staff that any new General Orders from the ICPD be included in meeting packets as information received. These will not appear in the Consent Calendar, nor will they appear on the agenda for discussion. If the Board wishes substantive discussion on a particular General Order, then a request should be made during UNew Business" to put it on the agenda. J. Stratton inquired whether editorial changes in the General Orders should be discussed, clarified, and sent onto the Department. Watson also inquired about comments on the clarity of the Orders. Capt. Widmer responded that if the Board had comments regarding editorial changes or unclear language, it would definitely be looked at by the Department; if the Department agreed, the Order would be amended and be reissued with the corrections. Hoffey repeated that if a Board member wishes to have a General Order called forward, then one simply needs to ask that it be put on the next agenda for discussion. MEETING SCHEDULE · Special Meeting September 2, 1999, 2:00 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, 6:00 P.M. 4 · Special Meeting October 26, 1999, 7:00 P.M. PUBLIC DISCUSSION Capt. Widmer inquired whether there's been a problem with what the Department views as the allegations to be on a complaint and what the Board views as the allegations. Capt. Widmer explained how the department determines the allegations; it's usually the style of the investigator who is assigned. A discussion followed. Widmer would like to receive the Board's input on how it can make sure that what it sees as the allegation is the same as what the Department sees. BOARD INFORMATION J. Stratton - asked Capt Widmer questions regarding the Traffic Order, specifically the use of radar. L. Cohen - noted the City Attorney is now receiving the Board's packets. STAFF INFORMATION C. Pugh - Legal Counsel raised the issue regarding e-mail received by staff. She will contact the City Attorney about how e-mail is handled with the City Council. Pugh will report back to the Board; she requested that this be put on the agenda for the next meeting for discussion. EXECUTIVE SESSION Motion by P. Farrant and seconded by P. Hoffey 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 8:40 P.M. Regular meeting resumed at 9:20 P.M. Motion by P. Farrant and seconded by J. Watson to approve PCRB Public Report #99-03, as amended, and forward it to the City Council. Motion carried, 5/0, all members present. For the purpose of reviewing the Chief's Report on Complaint//99-04, a meeting was scheduled for September 2, 1999, 2:00, in the PCRB office. Because the Board is not receiving all the information it needs in its investigations, staff was directed to further research subpoena power in police citizens review board investigations and to include it as an agenda item. ADJOURNMENT Motion for adjournment by J. Stratton and seconded by P. Farrant. Motion carried, 5/0, all members present. Meeting adjourned at 9:26 P.M. POLICE CITIZENS REVIEW BOARD MINUTES - September 2, 1999 Lobby Conference Room CALL TO ORDER Chair L. Cohen called the meeting to order at 2:08 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. EXECUTIVE SESSION Motion by P. Hoffey and seconded by J. Stratton 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 2:09 P.M, Regular meeting resumed at 3:00 P.M. Motion by P. Farrant and seconded by P. Hoffey to review PCRB Complaint #99-04 at level 8-8-7 B. 1 (a) in accordance to the ordinance. Chair directed Legal Counsel to speak with the City Attorney regarding the "Supplemental Report" from the officer included with the Chief's last Report. PUBLIC DISCUSSION None BOARD INFORMATION L. Cohen - contacted by Rick Spooner, a city council candidate. L. Cohen - acknowledged a memorandum she sent to staff on August 26, 19gg, and a reply memorandum from M. Kart dated September 1, 1 ggg (both received by board members and staff this date). Following discussion, the Chair summarized that issues of substance that concern the Board be brought to her attention before they are brought to the Board. d. Watson - contacted by Ross Wilburn, city council candidate. Watson suggested that the continuity of the PCRB be an issue for all candidates to address. STAFF INFORMATION None ADJOURNMENT Motion for adjournment by P. Hoffey and seconded by P. Farrant. Motion carried, 5/0, all members present. Meeting adjourned at 3:25 P.M.