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HomeMy WebLinkAbout01-25-2000 CommunicationCOPY POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5413 January 13, 2000 Ernie Lehman, Mayor City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Dear Ernie: First, congratulations on your selection as Mayor. Your leadership of the Council over the past two years is greatly appreciated and we look forward to working with you in 2000 and 2001. As you know, the Iowa City PCRB will "sunset" in September of 2001, just before the next city elections. This means that the current members of the Council will decide whether the PCRB will continue to function beyond the sunset date. This will be a very important decision. The members of the PCRB would like to request a joint informal session with the entire Council as soon as your calendar will permit. The purpose of the meeting would be to review the purpose and goals of the PCRB, to give of summary of activities and accomplishments in 1999, and to discuss some issues of concern to the Board. We feel it would be helpful for Pat Farrant, our Vice Chairperson, and I to meet with you and Steve Atkins to decide on a specific agenda for the joint meeting. If you agree, I will ask Sandy Bauer, our Administrative Assistant, to arrange a meeting time and place. The Board also discussed whether it would be helpful and appropriate for one or two members of the PCRB to meet informally with the three new Council members, individually or together, to bring them "up to speed" on the ordinance and PCRB procedures prior to the joint meeting. We would appreciate your opinion on this matter. I can be reached at work by phone (337-4158) or e-mail (iwatsonegoodwillseiovA.org) or at home (337-9225 and watson.iohn(a),mcleodusa.net). We look forward to your reply. Sincerely, John Watson Board Chairperson Cc: Steve Atkins 8-8-1 SECTION: 8-8- 1: 6-8- 2: 8-8- 3: 8-8- 4: 8-8- 5: II:I:7� 8-8- 7: 8-8- 8: 8-8- 9: 8-6-10: 8-8-11: CHAPTER 8 POLICE CITIZENS REVIEW BOARD Creation Of A Police Citizens Review Board Intent, Goals And Guiding Principles Definition Of Complaint; Complaint Process In General Formal Mediation Police Department And Police Chief Investigatory Duties; City Manager Investigatory Duties Police Chief's Report To The Board; City Manager's Report To The Board Duties Of The Board; Complaint Review And General Duties Board Composition; Limited Powers Of The Board Police Officer's And Complainant's Rights Preserved Sunset Clause Time Computation 8-8-1: CREATION OF A POLICE CIT- IZENS REVIEW BOARD: As permitted under Iowa's home rule authority, the City hereby creates a Police Citizens Review Board, to be hereafter referred to as the 'Board", subject to the duties and limited powers set forth herein. (Ord. 97-3792, 7-15-1997) am 8-8-2: INTENT, GOALS AND GUID- ING PRINCIPLES: A. Investigations into claims of inappro- priate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police offi- cers will be established to give the City Council sufficient information to assess the overall performance of the Iowa City Police Department in these matters. C. The Board will: 1.Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; 2. Provide oversight of police investi- gations through review of such investi- gations; (Ord. 97-3792, 7-15-1997) 3. Provide the opportunity for a hear- ing to the police officer if the Board's findings on the complaint are critical of the police officer, as required by constitutional law, and give the police officer the opportunity to present testi- mony and evidence; (Ord. 98-3865, 12-15-1998) 4. Issue a final public report on each complaint to the City Council which sets forth factual findings and a writ- ten conclusion which explains why and the extent to which the complaint 1099 Iowa City 8-8-2 is either "sustained" or "not sus- tained". D. The Board shall have no authority over police disciplinary matters be- cause only the Police Chief or City I. Manager may impose discipline under Iowa law. E. No findings in the Board's report shall be used in any other legal proceeding. F. The Board shall only review the con- duct of sworn police officers and shall only act in a civil, not criminal, capaci- ty. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of the Board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the City. G. A complaint may be filed by any per- son with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the inci- dent. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has oc- curred regardless of personal knowl- edge. H. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be available at a public location other than the Police Department to receive com- plaints, although complaints may also be filed at the Police Department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the pro- cess. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and State and Federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by po- lice officers under the law. J. The City Council finds that internal accountability within the Police De- partment is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the Board and the City Coun- cil. K. Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written con- clusion explaining why and the extent to which a complaint is either "sus- tained" or "not sustained". However, such reports shall not include disci- pline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Managr loss Iowa City the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law. L. In order to assure external account- ability of the actions of the Police Department, all formal complaint in- vestigations shall be reviewed by the Board and reported to the City Coun- cil. M. External accountability will further be provided by the Board's maintenance of a central registry of all formal com- plaints. In addition to the central regis- try, the Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of com- plaints, how they were resolved, de- mographic information, and recom- mendations as to how the Police De- partment may improve its community relations or be more responsive to community needs. N. The Board shall have oversight au- thority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's perfor- mance as a whole, and shall report same to the City Council, including any recommended changes. (Ord. 97-3792, 7-15-1997) 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. A "complaint" is an allegation of mis- conduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Um Department, where the complained -of activity occurred while the officer was acting in the capacity of a sworn po- lice officer. B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge", the complainant must have been di- rectly involved in the incident or wit- nessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a com- plaint form, the complaint may be filed by such person's designated repre- sentative. The City Manager, the Po- lice Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred re- gardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public in easily acces- sible locations, and nonpolice staff shall be available to receive the com- plaint forms. Assistance may be avail- able to complete the form as designat- ed by the Board. (Ord. 97-3792, 7-15-1997) D. All complaints must be filed with either the Board or the Iowa City Police Department within ninety (90) days of the alleged misconduct. E. Only those complaints which do not involve the conduct of an Iowa City 699 Iowa City 8-8-3 8.8-5 sworn police officer or are not filed the complaint shall also be forwarded within ninety (90) days of the alleged to the City Manager. misconduct may be subject to summa- ry dismissal by the Board. (Ord. B. Investigation: It shall be the mandato- 99-3877, 4-20-1999) ry duty of the Police Chief to do the following: 8-8-4: FORMAL MEDIATION: 1. Prior to investigation of any com- plaint, the Police Chief shall first give A. Formal mediation shall be the respon- Garrity and Gardner advice to all po- sibility of the Board, and shall be lice officers implicated in the com- available to the complainant(s) and plaint, as required by constitutional police officer(s) at any stage of the law. This means the officer cannot be process upon consent of all involved required to waive the officer's consti- parties and as provided by the Board. tutional right against self-incrimination. Upon the filing of a complaint, all However, the officer may be required complainants shall be informed that to answer questions during the inves- formal mediation is available. A com- tigation as a condition of the officer's plainant may also meet informally with employment, but any admissions the police officer and the watch com- made by the officer cannot be used mander of the police officer if the against the officer in a criminal pro - complainant wishes to do so. ceeding. B. If a complaint is successfully mediat- 2. Notify the complainant and the ed, the terms of the mediation agree- police officer who is the subject of the ment shall be set forth in writing, and complaint that formal mediation is shall be kept confidential to the extent available at any time during the Police allowed by law; but the status of set- Department's investigation and the tlement shall be maintained in the Board's review. The Police Chief may Board's central registry for reporting in also notify the complainant that the the Board's annual report. There shall complainant may meet informally with be no retaliation against police offi- the police officer and the watch com- cers who choose not to mediate. (Ord. mander of the police officer if the 97-3792, 7-15-1997) complainant wishes to do so. 3. Assign the complaint to designated 8-8-5: POLICE DEPARTMENT AND investigators within the Police Depart - POLICE CHIEF INVESTIGATO- ment for investigation into the factual RY DUTIES; CITY MANAGER INVESTI- allegations of the complaint. GATORY DUTIES: 4. The complainant shall be inter - A. Complaints: The Police Department viewed by the Police Department and shall forward copies of all complaints shall be entitled to have a neutral City received to the Board. If the complaint staff person or some other person concerns the Police Chief, a copy of chosen by the complainant present during the interview. The police officer 69s Iowa City Um is entitled to have a union steward present during any interviews. 5. Investigators will prepare and for- ward a report of their investigation to the Police Chief, and shall make de- tailed findings of fact as to the allega- tions in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or the Board's own attor- ney on a case -by -case basis, to deter- mine whether and how the investiga- tion of the complaint should proceed. D. Complaints Against Police Chief: If a complaint is filed concerning the Po- lice Chief's conduct, the City Manager shall investigate or cause an investi- gation to be completed. E. Disciplinary Action: Nothing in this Chapter shall prevent the Police Chief or the City Manager from taking disci- plinary action prior to the Board's review of the complaint. (Ord. 97-3792, 7-15-1997) 8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY MAN- AGER'S REPORT TO THE BOARD: A. The Police Chief shall receive the designated investigators' report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct addi- tional investigations; request addition- al information, or that additional ques- tions be asked; interview or direct that other persons or witnesses be inter- viewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police Chief's report to the Board, and shall then forward this report to the Board, which shall include the follow- ing: 1. Detailed written findings of fact concerning the allegations in the com- plaint; 2. A written conclusion which explains why and the extent to which the com- plaint is either "sustained" or 'not sustained"; and 3. Recommended remedial actions, if any, including amending current poli- cies or adopting new policies. C. The Police Chief's report to the Board shall not include discipline or person- nel matters. D. A copy of the Police Chief's report to the Board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the Board shall be given to the Police Chief, the com- 699 Iowa City plainant, and the City Council. (Ord. 97-3792, 7-15-1997) E. The Police Chief's report to the Board shall be completed within ninety (90) calendar days after complaint Is filed. The Board may grant extensions from this deadline for good cause shown. (Ord. 99-3877, 4-20-1999) F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and em- barrassment to all parties, including the complainant, the police officer, and other witnesses. G. If a complaint is filed concerning the Police Chief, the City Manager's re- port shall include the same findings of fact and conclusions as required for the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) 8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES: A. Complaints: The Board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation. B. Review Of Police Chief's Report Or City Manager's Report: 1. The Board shall review all Police Chief's reports and City Manager's reports concerning complaints. The Board shall decide, on a simple major- ity vote, the level of review to give each Police Chief's or City Manager's 699 Iowa City report, and the Board may select any or all of the following levels of review: a. On the record with no additional investigation; b. Interview/meet with complainant; c. Interview/meet with named offi- cer(s) and other officers; d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation; e. Performance by Board of its own additional investigation; f. Hire independent investigators. 2. The Board shall apply a 'reason- able basis' standard of review when reviewing the Police Chief's or City Manager's report. This requires the Board to give deference to the Police Chief's or City Manager's report be- cause of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. The findings are unsupported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a Police Department policy or practice, or any Federal, State, or local law. When collecting and reviewing addi- tional evidence, the Board shall rely on evidence which reasonably prudent 8-8-7 persons are accustomed to rely upon in the conduct of their serious affairs. (Ord. 98-3865, 12-15-1998) 3. 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 com- plaint, together with a clearly articulat- ed conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the pub- lic report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sus- tained" 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 disclo- sure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determi- nation shall be made in writing and shall state, in detail, the Board's rea- sons 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 confiden- tial written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the Board's public report shall not include any discipline or personnel matters, al- though the Board may comment gen- erally as to whether the Board be- lieves discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public 8-8-7 report to the City Council shall be given to the complainant(s), the police officer(s), the Police Chief and the City Manager. (Ord. 99-3891, 7-13-1999) 4. The Board shall not issue a report which is critical of the sworn police officer's conduct until after a "name - clearing hearing" has been held, con- sistent with constitutional due process law. The Board shall give notice of such hearing to the police officer so that the officer may testify before the Board and present additional relevant evidence. The Board shall be respon- sible for protection of all State and Federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the Board. (Ord. 98-3865, 12-15-1998) 5. If the Board's report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by the Board. (Ord. 97-3792, 7-15-1997) 6. The Board's report to the City Council shall be completed within forty five (45) calendar days of receipt of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. (Ord. 99-3877, 4-20-1999) 7. Nothing in this Chapter shall in any way impede or interfere with the Po- lice Chief's and the City Manager's lawful ability to perform their person- nel supervisory duties over sworn police officers, including the ability to 1099 Iowa City 8-8-7 ttA:a:1 impose discipline as deemed appropri- ate by the Police Chief or City Manag- er. 8. No findings or report submitted to the Board or prepared by the Board shall be used in any other proceed- ings. C. General Powers And Duties: The Board shall also carry out the follow- ing duties: 1. Maintain a central registry of com- plaints. 2. Collect data and do an annual re- port to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the pub- lic with information on the overall performance of the Police Depart- ment. The Board's annual report may also include recommended changes in police practices, policies or proce- dures. 3. In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. 4. The Board shall adopt procedural rules and bylaws governing the Board's activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City Council. (Ord. 97-3792, 7-15-1997) 8-8-8: BOARD COMPOSITION; LIM- ITED POWERS OF THE BOARD: A. Board Composition: 1099 Iowa City 1. The Board shall consist of five (5) members appointed by the City Coun- cil, who shall be Iowa City eligible electors and shall serve without com- pensation. The City Council shall strive to appoint members who repre- sent the diversity of the community. Appointments to the Board shall in- clude one current or former 'peace officer" as that term is defined by State law. The City Council reserves the right to waive the residency re- quirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer. 2. Following final adoption and publi- cation of Ordinance 97-3792, as amended, the City Council shall ap- point members to the Board for stag- gered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: a. One person appointed for a two (2)year term. b. Two (2) persons appointed for three (3) year terms. c. Two (2) persons appointed for four (4) year terms. 3 3. Training shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. Limited Powers: The Board shall have the following limited powers: 1.On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. 2. The Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majority vote of all members of the Board. 3. The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. 4. The Board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litiga- tion against the City. 5. If criminal charges are brought or are being considered against any particular police officer(s), the Board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal pro- ceeding, as provided under the Fifth Amendment to the U.S. Constitution, am unless such constitutional right is waived. 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's du- ties. 7. The Board may hold general infor- mational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informa- tional hearings to the City Council, as the Board deems appropriate. (Ord. 97-3792, 7-15-1997) 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All rights enjoyed by sworn police officers employed by the City are preserved in this Chapter, and nothing herein is intended to waive, diminish or interfere with any such rights pro- tected by the union contract, Iowa's Civil Service Commission laws and other applicable State and Federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defama- tion, shall be protected during the process set out in this Chapter, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by 1099 Iowa City [ 8-8-11 either a Board member or by the Board Itself. (Ord. 97-3792, 7-15-1997) 8-8-10: SUNSET CLAUSE: This Chapter shall be automatically repealed on August 1, 2001, unless reenacted by City Council. (Ord. 97-3792, 7-15-1997) B-8-11: TIME COMPUTATION: In com- puting time under this Chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the com- pletion of a report falls on a Saturday or Sunday, or a day on which the office of the City Clerk is closed due to a City holiday, the time shall be extended to include the next day on which the office of the Clerk is open to receive the filing of a complaint or the report. (Ord. 99-3877, 4-20-1999) 1099 Iowa City J