HomeMy WebLinkAbout08-22-2001 ArticlesFlay.:lu2001 ,, _ 40c stores/50e newsracks
Police practices prompt petitions
By Sara Langenoerg
burn t'ily Rocs-t Ylhru
The war on Iowa City+
war on drugs reached a new
plateau 1111 irsduy.
Three local activist
gluups held a
Iowa City news confer-
ence lu
a ninnu e a p elision drive to
add new wonting to Iho
thy's chafer. The drug -
enforcement rfions of the
Iowa Cily Police
Department an, the driving
force behind each of them.
"tudcols mr tired of
being adwd, Ihoy say Punic
Petitions
From SA
noanagrr tndrlinuoly end cur
dwfs tam wail "alwmrn. Ile
rant ho removed nl :we Iuno till,
a nurinitty tole of aoun'd The
p li 9u,•lishie 1Ivau `oI'."
m the plcwum of the rib manag-
er
■ %daknw Ihr Polirr Cdo,•ns
Rotiow 13awtl. which ....iris
claims of puler uuaruudw I. ludo-
I endent of Ihr h-io' t'ou 1. II wino
perm to rocmnnu•nd a Icmg¢s no
pole e doy;uc uu•nl pl,h, its :md
pmrtit Thr ho.nd :Ike tvlldd
hack pnwrr to, in",hgX,, unJ
'"'no indrpr udr nl Irpuns 'I nur-
mndnn claims In City Council,
,lot to 'dl ", n s.
no 1 wr I ,omit, Mists :a
the trill If the ,olnval, bus Ilnuntl
putter Io issue indrpruJ,ul
ml rts nI tnls'mll Purrs.
and k.In pot. rslompnn• It-
ems amid 'l nu.rondnn to
testifc b,d'on•ihrnh.
■ Rrgntriug o@,ors to i—nr
citmiuns to insloat of do,t, AN
9rrsliue people nrolu'od of ror-
lain )!To nsos-Inv lading A ,imply
pe"'nn of nlaauatn Ifen"",
as dh. vk by lot I Tic- An "(I,
non, would be allowed if there
woo rcid,•nrr it, ycrson pusrd u
dm,gor lot the rerun mmo or n
night silk.
hI urldlliuu. the amu•n, Ilurm
h,Till o4l Polirr not to bare ,00
im m,l o, b awrsl irate. uppn-
Lond nr Iurrsl people fur non -an
tell misdemeanor ol'feuss-
B nnod Lott:,. would inol.Jr
"garbage searches, condoomw
kill,,k and ndks for the pumas,
of gaining onn, to residrnla'
bonus; going as undo"sor
Ilgrnl5 into bay, "'I'l nald, ind
other public pliers; along „n
mtanytrwas ill)' wilhnul follutc-
ill it set of guidohnos :Ipprn,ed
by the RIM and Ill, City
may he watching them while
they drink or ml:tz al a bw'
or join their fuuu, ial aid at
risk because of n minor drug
cb:uge, perhaps pions led
Till toy Flagrant drug use but
by an invasive gm'bage
search.
l'rilirs of building a new
.tail also are fed Tip with
euf,wellwl efforts that put
people in Jail for unu-tiuleul
offenses Ir ,onld be han-
dled wilh a written citation,
they say
Others are simply weary
of oily o[liriuls wdwse pow -
el, they .say bier spiraled
out ufronlml. 'llle resldenl.s
Inside
■ Reaction to the pro-
posed amendments, 4A.
wall solve accounlebilily.
They trawl th,- puller chief
and oily n.mager to hake tU
:mswrr to the public every
haul years, wf(h ballads ask-
ing every voter whether (he
people in those positions
should be relatned another
four yews beginning in 4110r1
The throe local ativoawy
groups bainging the aunend-
uufun forward on behalf of
Comical." the prolwsed amrend-
wenl limes.
'An'osts of persons in posses
sun of l,rson:d use amtounts of
rum ,,ln. shankd not bo a priority'
of the Iowa City Polirr
Dep:unn rn' it vaves-
Io"a lily Police Cape Mont
.loln on sud the ,huagos would
r l le,,nt a druniati, shift front
_mmw Pmrlt as, un.l AMinh
hr � Iesrnb,vLts vliJ incesdigalice
lerLoinurs uphold byJudges
Out nu,nlhors of each Stoup
spounormg if,, amendments
spoke to facer of Ill, khan nv
"Uu brh:df of the student po,
ulnlion of this ,do'. its led That
people Tin:lee hut• to lit']I re:,
nl' Ili,, puller. who we pie to pro-
Ion as" 'cord Malt Okiuk of
St,,. buts for le N Politics. The
p d, shoal I I no a peaceful
I7nrI• instead 1 a force to he
to.nv t"
bnz:mno t Ir 1 au of llui n,
fit odwnsaa - "),I I Arw.kml sod
.Johnson fount, t,nukd not need a
not, Jutk it lo,a l ity wood ton
lot re.ltng peupb. for things Ihoy
could he I,lfing ctmlions for 'rho
sumo ,Tide of Iowa says the Iloilo,
"I'll (moltt penplo ffor certain
rllmcs/. not that lhey ,rein...
Caron", Iliotorle of Citzm's
hx A,,onotable Lot :d
❑.nrmmoni lull That ahloolah
lho main nuget-s are "oliai till"
tiros the yaouIl Included Iha,tty
,:Mager In the anondnu nos
br lot,, of the :unount of pot,or
ho a iok k
"All, not a tuba couit'd -tn:mtm-
er work s•ssiutu nod cur will
soon see Ihnt the manager man-
agrs the council in such a way
that only' the most ursigNGcnnt
(Null,. to his prlW,,ds. plus
and policies :vr ,a'rr toad..' she
said. adding that these are her
m,n personal reasons for s.I,
toning the ,ninge..
.Adkins, Iowa Pity', ctry mmhae-
er for h-i ye:u5. said it is his job to
their constituencies —
Citizens fur Accountable
Local Govemnlent, Ciluells
for an Ahenudive to a New
Jail, will Sludrna for I,ocal
i'okitie _s -- need 7KI sigine
hoes from city residents
ocer age 17 to gel the pace
posals before voters Nov. 6.
The proposals include:
■ A ballot joestion every
four yews, beginning in
Din'1, to reaffirm the City
Council's appointnreut to the
positions of city manager
and police chief Right now,
the council :aqu,ints the ,try
ingticmont We cwnci, poll, w,
and to. obligation m ale pus po, -i
fesslonal skIL, :md osryn•nonrr in
citynl:w:w,rn,nt to make e,loto
mendations- The final dlraskon
adaay_s orals with the cuunril. he
Ind, md It twldd be until for I
rotor to hold the ,sty numngrr
acmuninMc for implena•nton9
C il,, Coal, IIpoll, y.
Inc ass 'aid Ihr pnqusod
relennon tide "I'll foul' mars
would diminish the quadlrc of Ihr
rmulid:dr pool for both the city
mmnlgar :md pnlre ,hkof Vosh
buns. I wwrlr a",ziwed-
rhev dun I v'em to Iwcr to thlr
Mum, posiunlls whotr Ihoy our
,dried."oho .aid. "Po, "lohnson
l'nnnlci sInolf is eleon't ecoo,.
fill cr:us...
She :;ldrd that damn rhmtges
seem dhr best trek to ensure that
the trill I airy rr adends u rrprr
sennvl In It, pnlicirs.
did uc fnnuuoths n, not Ihr
City `nintoo'on Ilkmm Ihr pulirr
dopmflarnl In aondun xane of
then odfaus m wolhrr ...pi she
.not 'Rk got dr:efrnlog =ikvu,s•.
:md ,oun, to, who : W olopl ed to
in "Aure dirge uwiuvl acatsa.
bons of inn e,l umngeou•nl.
-In Mpit, yI'm, of lard ait, Lnl.
praple haa, slid nol'eatodlt lh.a
the real Ileaision nlakn no the
city ,re inslkmed front the ton rs
by the tilt l'olmeil.- she added.
"Its time to gi,o proplc a ehailro
to change thm...
See PETITIONS, 4A
2 - The Daily Iowan - Iowa City, Iowa - Friday, June 22, 2001
CITY & STATE
City to limit poorer
of police board
■ Some residents fear that
proposed changes will
render the citizen board
inefficient.
By George Pappas
The Dairy Iowan
The Iowa City City Council
will officially vote June 26 on
an ordinance that could limit
the power of the Police Ci"
zens Review Board, some
board members say.
A memo released Thursday
outlines an amendment that
would prohibit the board, a
watchdog for local police con-
duct, frmn reviewing official
police policies, procedures,
and practices on its own mi-
tiativc. Rather, the board
would cal, be able to
review those policies
at the discretion of Ajrt Md)N
the council, the city fife Chan
manager, of the (IIU ur�in
police chief.
Board members will itl,Jta
said not having the dent u'e I
ability to review
policies on their own the (n'u 1
is a had idea. Some
said reviews are nec-
essary to understand
the actions of the
officers they oversee
and to dual with residents
complaints about police con-
duct, even when police are
acting according to routine
procedure.
"For the board to review in
a fair and accurate manner,
it is essential that the heard
be this to review [complaints
about police procedures],"
board member Leah Cohen
said Thursday. "It would
make the board's job very dif-
ficult if we are not able to
review all allegations."
City Councilor Connie
Champion said the amend-
ments will not significantly
alter the powers of the
review board. "We really left
it the way it was," she said.
The council should retain
the authority to determine
what may or may not be
reviewed by the board
because it is the ultimate
decision -maker, she said. She
added that she is concerned
about public forums the
board holds on police policy,
saying they wind up being
"police -bashing forums."
Other amendments that
are part of the ordinance
include:
• Putting into writing the
board's current practice of
only reviewing complaints
,tnNm.
—Eleanor Dilkes.
City attorney
filed with it, not those filedpm with the police dearLent.
However, Police Chiet R J
Winklehake will conun.e to
I,. required to issue dcs,rlp-
tions quarterly of the nnlm',�
of allegations mode in Geoid
wnttml complaults fled wnh
his departmmrt.
• Deleting the "sunset
clause," which would pace
discontinued the bom'd's.N,,-
Lenoc Aug. 1, and o bl og Lm-
gu"gc that ".quires the coun-
cil to review the bound every
two ycus.
Local activist Carol
deProssu has been part of an
efkot to put an "monument
ou the ballot in No,en o to
give the poll,'. board Lhr,
authority to review , pry
allegation made ugaon.L local
police.
She said the new
l,ttl- polo) will "prnvidu
4U to rea,on fur people In
m IC[ go out and vote')" ,
un the proposed
IC aluendnlent to the
tegtill Hume Rol, Ch"rtcr.
While the proposed
chtuges must pas:]
thr,c unto= by Lhc
cuuudl to become
Ica, it appears that
th,y will likely ow
he modified.
That's because the three
votes must be taken by Aug.
1, nr the board will cease to
exist, according to cln'rent
law. Consequent]), the
revised ordinance must reach
the city clerk's desk by July
26, City Attorney Eluauur
Dilkes stat.d in a 'rhut,d.,
memo.
"Please remember that any
ordinance revisions requil'e
three readings " she wrote to
the councilors. "Any substan-
tive changes to the ordinance
will require that we begin the
process "new:'
A lawyer for the police
hoard was not able to review
the revisions as a conse-
quence of die tight deadline.
E-rnmi Ot reponei Geolpe Pappas A
ggorgEPaPPasSwowde0u
RECORDS/REGION Friday, June 22, 2001
Proposed city amendments
town Cd, Me,,-!'iHbce
Supporters need 784 signa-
tures from city residents before
the proposed (-hall, is to the Iowa
('fly (hater will appew' un ill(-
Nov- 6 ballot.
City manager
Current practice: The city
manager is appointed by (onto 11
indetinneiv :ua1 has an annual
perfurmancr evaluation. The
appoiul[)lent can be rescinded at
Lilly tittle wtlln it Inaptly Mute ill'
the Pity Coun( 11.
Pro)osl: ('0u11,11 woll(I still
appone the oily nnnagei and
review the pefortowa e ;muolly'.
Rory four years. beginning 'fit
2003, In uppointmeut would be
subject to a (ilyw9ale n Otte In retwo
the oFrctal holding Ilse position.
Reaction: ('fly Manager Sieve
Atkins, who has held the pomfloon
for I:i yeas. Silt(] he thinks Ili, -
proposal viand dis(uulage good
cwuiidaies li'om seeking 1 he jab.
"A drains] from in Aloe) is a
really big delt'nrernl fur any+ne who
would lace to sell their home and
park tip the I:mnily at go take up a
new job. llneu, based on decisions
they impletuent on behalf of city
council. sumtnne may be npsel by
a city de, Lion and (vale) not to
renew their contract. 11doestil
nnakc it lot of ec ononnie scrse .•
Candidates may seek more
ronlpensatinn bec'wsr of the risk,
he added.
Police chief
Cm'rent practice: line police
chief is selecnvl by the city nun-
ager
Proposal: Council world
appoint the chief and review his
perfunuaume wmually. As with Ili(-
( Ity nnanager mhuning the ofli( kid
in the appoinlm(nt would be sulk,
je(t to a (itywide vole every four
years beginning in 201);1.
Reaction: Puller Chief RA.
Wukelhke could not Joe reached
for eminent Thuelay, bill Alkim
Said the potential teal urination
would have a similar negative
impact oil life chief candidate p(wl.
■ Police Citizens Review
Board
Current practice: The board
sexes at the will of Ihr council lu
investigate claius of police mu -
conduct. It was created by an
ordinance that can be repeated of,
amended by a niWortty vote of
council.
Proposal: Make the board per-
matent (like the City COLUICII)
and vest it with powers to sill*
poem witness(s Lind host fonmus
Tor guiheting( nunnmily input OIL
police publics and pnxrdurrs. In
addition, give it power to make
recommendations to the polite
chic[ wui council rega'ding Ihust•
policies.
Reaction: Atkins said the
anwudntenl would uwke it tinkle
dif 1, tilt to change the PCRB's
powers ant duties.
na,litimedly, you don't fill the
charier -fill ordinance types of
issues bonus( as nun ordinance,
Ili, comfort can approve all
amendment and adopt it right
mvay. Also, a new (uuurit coin be
elected will change it. It'you pint it
in Line chtator. it's a nmch more
diffirull process Ito change it l"
Police arrests
Current pin(d(e: Poll]( e crest
and ,jail people accused of oont-
milling xenon, ruisdomeamn's,
iotludi f ig possession oa rijuaua.
Prupo,nl: Add a s-lli::oi ant in
the charter to clock nuage officers
lu Issueflations heal-all ofa nest-
ing people on chagrs that we
non videtil, nusdenwanor offens-
es f tnoluding possession of mari-
juana) unless there's n reasonable
belief the person Will pose it ilia -
get lo the comwnnily.
Reaction Capt. Mtvt.hkhnson, a
24-yewmember of the Iowa City
police deportment, said other
police agencies have in the pant
released people accused Lot serionu
misdenic:mors with a signatnur on
a (-trillion, rather Ihan taking their
to jail, but he is uncervnn of onr-
renl prance ill those agencies.
Atkins .said a (halter wuend-
ment is not needed to, hange such
police practices. "If the council
-;roux to eh:mge a pxlire prutice,
all they have to do u de(lar it so,"
he said. "(If the goal is Io change
the policy), then the unport;ml
Thing is II elect people who leel
Ihr sole way I assure you we will
crony oil the policy ;is long as its
not (oulrry to the law."
Garbage searches
(lucent practice: Officers may
search ;I suspe(i's garbage.
1'roposid. Add language to the
shy (haler saying poll(( should
nut search a tesideal's garbage to
tuxtisligale nnisdeNeanot, non-
k lolent crimes.
ReactInto: Johnson said courts
have upheld police gabage
searches.
"Searching garbage, which is
abandoned by its very name, is
allowably" he said. "Wluw we do
gabage searches, it is ;(]'ter a
Feat deal of other work already
has been conducted in pursuing a
lead That a controlled snbstwice
violation is occurring.
"It Loony be done in response to
an anonymous tip that the person
at 12:1 Main St. is a chvg dealer:'
.Johnson added. "A garbage
sear( If dues not maredtaoly fil-
l"". like nnigla first find nut who
Ines them wed see if there rule
of her indicators That support sit( If
if connplaint before it garbage
sewch would be done.,
Related proposal: Add lan-
guage to the chaser saying police
should not (uudmi "knock and
talk.,' for the propose of ginning
eltny' to residents, homes while
investrgaling wtsdemeanor, non-
vmlcni ,offenses.
Reactrun: "That makes it
sound as if (gaining entry) is the
whole propose for going ❑p to a
dour, knocking and asking to
speak h, it resident." .Johnson
said. "I'll not sure that is the town
reason for knocking on it door.
(Gaittiug entry') could It be a
re,tdl. bill ❑k say we go Ihcre to
obtain a result is all ocerotatr
merit. There we it Gaiety of elr-
(nmstwk'es why an offi,-er would
tcua across to if residence One
could he I gel [)(-mission to con-
duce a search. 1lowevca', in the
came of an apwtment building, I
think if someone had aleuled an
officer chat 1 wus:I dnlg dr:der. 1
would notch prefer to conduct
than ooteorsatiuu in my apat-
ment rulher Ihan standing in the
hull and having the ueighbuls
heat the conversation."
Related pmpuwl: Add Iwngnwge
saying police should ILIA send
undercover officers fill,, bills,
reslannmts or other public places
to investigate noneiolem offenses.
Reaction: Cndercacer officers
we valuable In delenuining if Ihcre
in illegal nrlivity, .luluisnn scud.
"1 know there we occasions,
will They are frequent, when an
i n i,n over or non-unifonnad
imestigalor, needs to be assigned
to a paticular offense or invesli-
gattat 1 reroguize that people
Iliac- different opinions Ihan I do.
Mine is based on haling been a
police officer Ion' SI yeas and f ee-
ugnizing Ihat ow have occasions
when not -uniformed Imestiga-
lior, are it very neeessay pat of
Line role we sen ee"
Related proposal: Add lan-
guage saying poll(eshould not act
on am urnryote, lips without fol-
lowing goidcfines approt-ed by the
Police Cilizmns Review Board
while investigating neiderneawr,
non-violent offenses.
React ton: There is presently no
policy governing police reaction
to anonymous lips. and Johnson
said it would difficult to write one
based on the variety of tips police
receive.
"Fiery rircmnstance is going
to be different," he said. "An
anonymous tip about Resident A
may roman an entuviy different
set of variables than a tip about
Resident B_ We have to allow
investigators to adopt the tools
alleplable for those particularset
,,f sit, ionstancrs."
'rbose investigative tools are
not now subje(1 to review by the
PCRB, he added. '"tier review,
thus far, is limited to policy and
procedures, and not review of
spc(al, tacit,,," he said.
■
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4A ■ The Gazette, Sat., June 23, 2001
IOWA CITY
( "aA1AAAAVA
An edition of The Gazette,
an independent newspaper
established in 1883
..::THE GAZETTE t ,
Mark Bowden, Executive Editor
Jerry Elses, Editor ofEditoral Pages and
Editorial Board Chairnan
Lyle Muller, Iowa City Editor
Dave Storey, Vice President, Advertising
Scott Swenson, Circulation Director
Peg Schmitz, Vice President,
Print Operations
GAZETTE COMMUNICATIONS, INC.
Joe Hladky, Chairman and Publisher
Chuck Peters, President and
Chief Operating Officer
Ken Slaughter, Executive Vice President
and Chief Pinancial Officer
GAZETTE EDITORIALS
Council, don't hobble
police citizen review
HE IOWA CITY COUNCIL, in all its
wisdom, has decided that the Police Citi-
zen Review Board (PCRB) will not only
survive the sunset clause, it can now comment
about police actions and procedure. It can do
that even if no complaint has been filed.
But one has to ask: Why would the PCRB
members bother? The council also decided that
the PCRB cannot make a report or recommen-
dations unless asked to do so by the council, the
police chief or the city manager.
The council giveth, and the council taketh
away. The second decision doesn't exactly in-
spire confidence among the citizenry that the
watchdog group it thought it had will be
effective in any way. And one of the issues the
PCRB was created to address is public confi-
dence in the Police Department.
Many community residents have serious
questions about how the Police Department is
pursuing the war on drugs here. They're
concerned particularly about garbage searches.
They also have questions about how police are
enforcing laws concerning underage drinking.
Young people in the community, and their
parents, have concerns about how police inter-
act with them. And there are other issues that
affect the community's confidence in the police.
The community needs a board that not only
can weigh in when it sees problems with a
complaint lodged against the department, but
that also has the authority to push for change
in police policy and procedure as well as the
means to take action to improve police/commu-
nity relations.
Local
Iowa City Press -Citizen
Page 3A
Sunday,
June 24,
2001
Council to rethink PCRB
I'm a City Press -Citizen.
The Iowa City Council is
scheduled to have its first
vote on
IOwa City changes to the
P o I i c e
Citizens
Review Board on Tuesday,
but the proposed new ordi-
nance could undergo further
changes during a council
work session Monday.
The review board was
established 'about five years
ago after an officer fatally
shot and killed a resident. It
has independent authority to
investigate complaints of
police misconduct, but it
also is scheduled to disband
Aug. 1 unless reestablished
by the current council.
Earlier this year, a major-
ity of council members said
they wanted to keep the
board but reduce its powers.
At a work session two weeks
ago, the council informally
agreed on the following
changes:
■ The board shall review
police practices, procedures
and policies only at the
request of the City Council,
city manager or police chief.
Currently, the board has
authority to review at will.
■ The board now will be
able to comment if it has
concerns with the police
chiefs findings regarding an
allegation of misconduct. If
the comments are critical of
an officer, the officer will
have the right to a name -
clearing hearing.
However, the board still
only could recommend the
council overturn a finding by
the chief if the chiefs deci-
sion were arbitrary, capri-
cious, unreasonable or con-
trary to law.
■ The sunset clause will
be replaced with a provision
requiring council to review
the board's effectiveness
every two years.
■ The position of the
board's administrative assis-
tant, who makes about
$18,000 a year, would be
eliminated and its duties
transferred to the city clerk's
office.
The council is scheduled
to hold the first of three
votes on the proposed
changes during Tuesdays
formal meeting at 7 p.m. in
Council Chambers, 410 E.
Washington St. However. the
issue also appears on the
agenda for Monday nights
cowcil work session. which
begins at 6:30 p.m. in the
same location.
City Clerk Marian Karr
issued a memo to the coun-
cil June 19 saying she is
uncomfortable with her
staffs absorbing the work-
load of the PCRB's adnams-
tmtive assistant, given the
council did not substantially
reduce the work associated
with the board.
On a related note, three
local advocacy groups are
trying to garner support for
an amendment to the city'
charter to make the PCRB a
permanent city board with
broader powers to oversee
police practices.
)c.MnincvRcpi�lcrcnm Ncov
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1. 1.....1111111111W...._._._...,,,`
■ Updates
Council plans changes to police
review board
Posted at 8.15 on 06/25/2001
The Iowa City City Council plans to vote on changes
to a local citizens panel that reviews the Police
Department.
The City Council will make changes to the Police
Citizens Review Board at a meeting Monday and
plans to vote on a proposed new ordinance Tuesday.
The citizens group was created five years ago after an
officer shot and killed a resident, The panel has the
authority to investigate complaints of police
misconduct_ It is scheduled to disband Aug. I unless
the current council decides to keep it.
A majority of council members said earlier this year
that they want to keep the group but reduce its
powers.
- Associated Press
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I ��1 !�2�ill 126rM
11
Changes appear on
horizon for PCRB
By Nathan Hill
Gazette staff writer
IOWA CITY — The City
Council is to vote Tuesday to
change how the city's police
watchdog group operates.
City Clerk Marian Karr said
in a memo to the council her
office may be taxed dealing
with Police Citizens Review
Board re-
search, con-
ducting fo-
r u m s ,
responding to
citizen inqui-
ries and pro-
cessing com-
plaints.
Council
Marian Karr members de -
City clerk cided earlier
wants support this month to
for PCRB work eliminate a
half-time staff
position devoted to the board
and to fold that workload into
the City Clerk's Office.
Karr said she wants the
council to provide additional
staff support. But that may be
unlikely because some council
members — primarily Dee
Vanderhoef and Ernie Lehman
— complained that the PCRB
was too expensive.
In four years, the workings
of the PCRB have cost roughly
$160,000, Vanderhoef said.
The council must decide on
PCRB changes before July 26
in order to publish a new law
The City Council will discuss the
PCRB during a 6:30 p.m. work
session today and vote on the
matter at 7 p.m. Tuesday. Both
meetings are at the Civic Center,
410 E. Washington St.
before the PCRB's Aug. 1 sun-
set clause. If nothing is ap-
proved by then, the ordinance
creating the PCRB automatical-
ly will be repealed.
The changes in store for the
PCRB are relatively minor,
considering Vanderhoef wanted
to eliminate it while council
member Irvin Pfab wanted its
powers greatly expanded.
The PCRB would be able to
review police practices and
procedures only at the direc-
tion of the City Council, city
manager or police chief. It also
could review its own effective-
ness every two years.
Unchanged is the "reason-
able basis" standard of review
that some PCRB members said
tied their hands. When review-
ing a complaint, the PCRB can
disagree with a police chiefs
decision only if the decision is
unsupported, arbitrary or We -
gal.
Council members decided to
allow the board to comment on
nuances of a case, even if the
chiefs decision is upheld.
MONDAY
JUNE 25, 2001
IOWA CITY, IOWA
VOL. 118 NO. 167
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For clrinkimp
Tuesday, June 26, 2001
PCRB could keep powers
City Council leans toward status quo
By Sara Langenberg
lo,ra ('in• Pre." -Citizen
The Iowa City Council voted informally Monday to
restore some of the Police Citizen Review Board powers
it threatened to take away two weeks ago.
I he criIIca I Totes begin tonight.
itficn the council holds the lrst of
three scllduled totes on an
onlinancc etitending the
Ili'c-scar-old hoard and defining its
pool crs.
I lie hoard itas Cleated in it
hailstone of connrnct:<c : llel an
olliccr shot an unarntal man. and
the council in Ihill time held Iength_c
dehatcs uhout hoii much authorih
to gne the hoard to retied
complaints of police misconduct.
Thal continued to he it ,object of
Iengthr debate Monday. although
Meeting
tonight
• The City Council
tonight will hold the first of
three scheduled votes on
an ordinance extending
the five -year -old Police
Citizens Review Board
and defining its powers.
The meeting starts at 7
p.m. in the Council
Chambers of the Civic
Center.
conuncnu font PC IM Chairman
John Watson scented to clear up some council confusion about hots
the heard actualh is using the potters it has_
Por instance, council members decided turn treck, ago to reduce the
boald., authorilr to rctictr police policies. practices and pmceduies
by allowing it yet iciv onk at the request of the Citt Council- cite
manager or police chiet: The council ttcnt so far as to remote the
potter eiCII tthen the hoard is iniestigeting a complaint.
Wat,on said routine reiieit of the police dcpai tincnt's "general orders"
is ethical to the board's understanding of the case, tier are cspected
to re\ictt.
"We need nt understand those orders and ithal an ollicer is expected
to do in it Ceram situation." he said "We're just asking ion to allotr us
In do that iiithout ivoiting for tour permission"
The council crenuuallc noted to change the proposed ordinance so the
hoard could i ct icit policies in relation to complaints itithout getting
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6 2601 11 27 ,%M
permission.
Councilors Pantie Lehman, Dec Vtmderhuel'and Mike O'Donnell r%ere
against rC%iett ofpolicics in general txithout permission, but there Was
majurit% support lior it, so than Was restored. as tt'elI
"Mc intention is tit the PCR13 to listen to concerns of residents-"
O'Donnell said. "I don't knout that anon (on the board) is qualitied
to recommend changes."
WilB011,aid the hoard,ugge,ts changes but cannot cunenth impose
or set nc% policies. Furthemnore. Watson said. the board doesn't AN ant
thal pot%cl
Council mendicn also split over the hoard's authoritA, to host
unnmmnit% IbrtnM. Lchnum said the hoard', pa,( three lorntns
reSUhed in too much "police -hushing..,
"M% prohlent i, the Wa% tile% arc conducted." Lehman said "'I hcre
needs to lie,ontc order."
"It", it public lionmt." Watson ,aid_ "If it (police -bashing) is there- it
needs an outlet prohahlc Whc not let people,peak""
"ICcase to find people Who aren't happ% nt ilh the police_" I.elunan
said "Police stork IS such that sonic of the Iea.oir, tile%ma%Conne in
contact tt ]ill people is lc„ than pleasant'" .
The majoril%nl Council decided the hoard should rCl%un public
comment it rccci%c, dttiing its rcgularh ,chalulcd month% meetings -
like most other cis% hoard,.
Councilor, In in P ill, and Stev cn Kanner tier% the loudest proponents
of increasing the hoard's pot%ers in general. Kanner suggested ;iy
additional change,. although none tt ❑.s supported b% a majorilc of the
Connell Mond.n_
The cite attome% said Kanner's suggestion to require Akers to tcstitl
behte the PCRI3 as a condition of ennplo%mcnt Would he a situation
"Iraught Wilh peril." eVCn though their annments Would he
confidential and could not he used against them in a trial.
RCCatlse of MUndaC'9 changes. the council ma% ha%e to restore some
funding the% cut n%o Weeks ago to handle adntinistratice duties
associated With the board.
Let its knot% that coil think of this stop ..
,it 2 6 26.01 11 27 AM
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This story was printed from Gazette Online
http://w\&rw.gazetteonline.com
Iowa City watchdog group to continue police policy review
By Nathan Hill, Gazette staff writer, June 26, 2001 12.00 AM
IOWA CITY -- John Watson didn't want to be punished for being an overachiever.
Watson, the chairman of the Police Citizens Review Board (PCRB), tried to convince the City
Council last night not to usurp some of the police watchdog group's power.
The council, by a 4-3 margin, decided to allow the PCRB to review police policy. Watson said
the board generally reviews a new policy each month, as much for education as to
recommend changes.
"It's a learning process for us," Watson said. "We need to understand these orders and what
officers are expected to do."
Council members Irvin Pfab, Ross Wilburn, Steven Kanner and Connie Champion voted to
allow the PCRB to continue reviewing police practices.
Some council members said last night the PCRB had taken on a life of its own and had begun
doing things that were never expected.
"There's not as much work out there as you're finding," said Mayor Ernie Lehman. "We never
expected you to do much work."
But Lehman was outvoted on this one.
The vote is a shift from the council's previous decision to narrow the scope of the board. The
council, embroiled in a debate about the role of the PCRB now that its sunset clause is up,
decided earlier this month to limit the board's scope, to prevent it from holding public forums
and to keep it from reviewing policies without prior council approval.
Part of the reason for that, said Champion, is that council members had misconceptions of
what the PCRB actually did.
Said Pfab: "I think we're looking at a mistake that was made at the last meeting."
Council members also decided last night to allow the PCRB to request the City Council to hold
public forums on police practices.
The PCRB had previously been able to hold forums on its own, and did so three times in the
last four years.
"(2 6'_6 lit 11.2J Ah1
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Those forums often led to gross police bashing, said Lehman.
The council did not, however, expand the PCRB's power as much as Kanner would have
liked. _
He proposed that the PCRB should recommend a level of discipline for police officers at fault
in complaint cases, that the length of time complainants had to file be increased from 90 days
to six months, that the PCRB keep track of use -of -force and racial profiling statistics and that
police officers go before the PCRB as a condition of employment.
None of these suggestions found a council majority.
All local content copyright c 2000 by The Gazette Company, Cedar Rapids, Iowa
It 2 6 26 01 11 24 AM
2 - The Daily Iowan - Iowa City, Iowa - Tuesday, June 26, 2001
CITY
Council di
police -boa
■ Councilors Irvin Pfab
and Steven Kanner
question limiting the
board's power.
By Chao Xiang
The Daily Iowan
The Iowa City City Council
may take a few steps back
from its initial efforts to limit
the power of the Police Citi-
zens Review Board following
discussion at Monday's infor-
mal work session.
At 1-sat two councilors,
Stev, i Kanner and Irvin
Pfab, reacted negatively to
the council's proposed
amendments to limit the
powers of the board.
"This is a necessary board
with every right to express
its opinions just like every-
one else," Pfab said. "My
belief is that some members
of the council wanted to gut
this organization, and you've
successfully done this."
Kanner proposed amend-
ments that would extend the
power of the board, allowing
it to track racial profiling by
hiring outside investigators,
expanding the length of time
that complaints can be filed
by citizens from 90 days to
six months, and giving it the
authority to suggest discipli-
:nary.action to the police chief
:for officers found at fault.
Mayor Ernie Lehman and
Councilors Dee Vanderhoef
:and Mike O'Donnell said
they wanted to implement
amendments that require the
board to go through the coun-
cil when reviewing police pol-
,icy and citizen complaints.
Councilor Connie Champion
.appeared not to side with
either group and could be the
deciding factor when the
council formally votes on the
police -board amendments at
tonight's formal session.
"I do think it's important
for this group to have a pub
vided on
rd powers
lie say, but it's also important
to go through the City Coun-
cil," Lehman said. "The coun-
cil is the policy -making body
of the Iowa City govern-
ment."
The amendments, as out-
lined by City Attorney
Eleanor Dilkes last week,
include eliminating the "sun-
set clause," which would dis-
continue the board as of Aug.
1, requiring the council to
review the board every two
years, and limiting the board
to its current ability to only
review complaints filed with
it and not those filed with the
police department.
"If you attended our last
general public forum, you
might have seen some people
become angry about a specif-
ic issue or general police poli-
cy. I think that anger needs
an outlet, and why not let
people express what they
feel?" said board Chairman
John Watson.
If the amendments are
approved by a majority of the
councilors tonight, they still
must pass two more votes
before Aug. 1 or the board
will cease to exist.
However, in previous dis-
cussions earlier this month,
a majority of councilors said
they were in favor of renew-
ing the board at the end of
July.
Just last week, local
activists began to petition for
an amendment that would
make the board permanent.
The city formed the board in
1997, after an Iowa City
police officer killed local
artist Eric Shaw in August
1996. A petition with 784 sig-
natures must be submitted to
the city clerk by Aug. 30 for
the amendment to make it on
the Nov. 6 ballot.
DI reporter oien Sachdev contributed to
this report.
E-mail of reporter Chao Xiang at:
chao-xiong®uiowa.edu
1UIETRO&IOWA
OR Des moinre iirgistrr
E.
Tuesday, June 26, 2001 Page 3B
DATELINE IOWA
From Register staff
and news services
Council votes today _.
on police review panel
The Iowa City City Council will
vote today on changes to a citizens
panel that reviews the police
department.
The citizens group was created
five years ago after an officer shot
and killed a resident. The panel has
the authority to investigate com-
plaints of police misconduct. It is
scheduled to disband Aug. 1 unless
the council decides to keep it. Most
council members said they want to
keep the group but reduce its
powers.
Under the proposed changes, the
board would review police pr -
tices, procedures and policies
at the request of the City Cou
police chief or city manager.
City Council would also review
board's effectiveness every
Years and eliminate the boa
administrative assistant, w
makes about $18,000 a year.
Local
Iowa City Press -Citizen
PCRB reinstated
by city council
Iowa City Council mem-
bets voted 5-2 Tuesday to
reinstate the city's Police
Citizen Review Board and
maintain most of its present
powers to investigate com-
plaints of police misconduct.
Councilors Dee
Vanderhoef and Irvin Pfab
voted against the new ordi-
nance but for different rea-
sons. Ptah thought the revi-
sion weakened the board:
Vanderhoef thought the revi-
sion granted the board too
ranch authority to review
police practices, policy and
procedures.
Vanderhoefs suggestion
not to allow the board to
review policies at its own
discretion was defeated,
although Mayor Ernie
Lehman and Mike O'Donnell
supported it.
Council is scheduled to
vote twice more on the
revised ordinance before it
goes into effect. i
Page 3A
Wednesday,
June 27,
2001
■ The Gazette, Wed., June 27, 2001
ONLINE www.fluetteonllBne.com O
NEWS
JOURNAL
Iowa CITY
Review board changes OK'd
■ The City Council formally approved
changes to the Police Citizens Review
Board last night.
In a 5-2 vote, the council decided to
keep the PCRB predominately
unchanged. The major alterations
include not allowing the PCRB to hold
public hearings at its own volition. The
council also decided to eliminate a
half -tine staff position. That work will
be done by the City Clerk's Office.
The council decided to allow the
PCRB to look at police procedures and
recommend changes.Dee Vanderhoef
and Irvin Ptah voted against the
changes Vanderhoef because she
thought the changes gave the PCRB too
much power, and Pfab because he
thought the changes didn't give the
PCRB enough power.
The ordinances must still pass two
more readings to become law.
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Traffic
From 1A
through May show 7,298 traffic
stops — 85.9 percent invoking
white tickers. The 2000 census
showed Iowa City's population
was 87.3 percent white. While his
to icily about 10 percent of the
driving population has been non-
white, Ihat specific profile of the
couvnuruy has yet to be detailed
in census figures released so far.
"What does it prove? Not a
whole list, I don't think,"
Winkelhake said of the rare and
gender data. "One of the con-
cerns 1 have with collecthig data
—and don't get one wrong, there
is absolutely no place in the
police force fur racial profiling —
but how tow h does (the data)
really Ill you'"
Die esixnded reporting adds
tie tine• wad place•, whether lie dri-
ver is a resideu, the reavm Ica the
slop whether the officer searched
the vehicle why and how" if folve
Was Med, the outrome of the stop
as well as oiler details.
"There is no siher ballet to
gather this information that is
going to provide you with a defin-
itive answer. And that's a con-
cern," Winkelhake said. "People
are going to make their own
judgement, anyway"
The expended collection mir-
rors a paper Gann used by the
Iowa State Patrol. The state
agency began collecting the data
in dauraq, Will Staining it into a
computer, where it remains
stored. Patrol Lt. David Garrison
slid state budget cuts likely have
delayed analyzing the data
Coralcfile Police, meanwhile,
have been considering some type
of traffic stop Collection slnilar
to the state parol's. Police Chief
Bany Bedford said that, while he
remains interested, the main
impetus had been proposed state
legislation mandating the reports.
Wtien char stalled this spring, he
said, so (lid the push behind the
collection effort.
Winkelhake said the in -car
computer forts were to be rolled
out earlier, but a glitch froze the
program after it had been loaded
into only a couple of squad cats.
As for the 3,000.pl s paper
reports, winkelhake said that
process did not work out as
planned but the data will not be
discarded Be still plans to some-
how input the reports with the
help of someone doing work
study or a volunteer or just grad-
ually by department personnel.
Fventually, he said, officers
will transmit the new forms
directly from their squad cars
Into the station.
Sunday
Insight
Iowa Ciry Press -Citizen
Letter
of the
week
As a resident of the
downtown area, I'm grateful
to my neighbors, the Iowa
City Police Department, for
helping to make my neigh-
borhood a safe and orderly
place to live. Cm glad they re
here. and I value the friend-
liness and approachability
of the officers I've met.
But I am also deeply con-
cerned about the future of
our Police Citizens Review
Board. When it comes to law
enforcement, one crucial
difference between a just,
democratic society and an
authoritarian police state is
accountability to the people.
A PCRB that can review
police practices only at the
direction of the city govern-
ment or the police depart-
ment itself hardly can be
effective in a democratic
system of checks and bal-
ances. Disbanding the cone
mittee would serve the com-
munity still less.
Currently our police
department, in order to col-
lect considerable drug war
funds, is in the process of
adopting more aggressive
and intrusive policies and
practices, including garbage
searches, random knock -
and -talks' and arrest quotas
for minor, nonviolent drug
offenses. Many citizens have
expressed grave concerns.
At a time like this, it is
vital to the police -civilian
relationship, the social well-
being of our community and
the fundamentally democra-
tic nature of our municipal
government that citizens
have a meaningful hand in
determining how our neigh-
borhoods are policed.
I appreciate that it costs
money for the PC'RB to do its
job, just as it costs money for
the ICPD to do its job, yet I
feel the expense B more than
justified Both are important:
if only it were as easy to
firance civilian review bodies
such as the PCRB as it is for
police to obtain grant money
in the name of prohibition.
I sumcerely hope the City
Council will not choose to
damage police accountabili-
ty further. I hope I'll always
be able to think of the police
as valued public senants,
not as an occupying force.
I hope that when I look
-
at a police officer, I'll see a
neighbor who's looking out
for me, not a hied 6D
who's only interested' in
arresting somebody — any
body —just to meet a quota
If the people are denied a
role ut the policing of their
conununity, justice is eoJib
pronused, and intimidation
takes its place. I would
rather work with the police
than fear Ihefn
Joshua Raulerson
id'. ;Iowa City
Each S uia y, the Press- ,
Citizen Publishes a letter of
the creek dyes are select-
ed for qua ity of writing,
timely topie�ctryVnusual
1xr51�etnr. Send fette to
PO. Bur 2480, Mica City,
Iowa 5Z'244; fax to (319)
83+1083, e-malt to aews-
rroo m C Pr rss-ci t i zcor. crmi.
Page 7A
Sunday,
July 1,
2001
V)
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■ The Gazette, Tues., July 10, 2001
"OR)
B
ww w. gazette on l In e. com
I®WA TODAY®
Investigation
planned over
police search
By Erin Walter
Gazette staff writer
IOWA CITY — The Police
Citizens Review Board has
sided with an Iowa City
woman who complained that
two officers should not have
searched her home when her
11-yearold son was home
without adult supervision.
Iowa City Council member
Steven Kanner said at last
night's work session that the
case should be reviewed.
"I think the repercussions
about sustaining it (the com-
plaint) have to do with police
policy," Kanner said.
The complaint stems from
a search two Iowa City police
officers conducted Jan. 27
after going to a residence to
serve an arrest warrant.
The man they were sup-
posed to arrest was not at
the residence when officers
arrived at the home, the
report states.
The only people home
were an ll-year-old boy, who
lived there, and a 15-year-old
friend.
The officers told Iowa City
Police Chief R.J. Winkelhake
they were given permission
to enter because the 11-year-
old boy stepped away from
the door when they request.
ed entrance.
The officers saw a mari-
juana cigarette butt on the
coffee table and seized it, the
report states. One officer
then asked the 11-yearold if
he could search the house for
marijuana.
Police found marijuana
stems in the boy's room,
which he shares with his
older brother, the report
states.
The board said the officers'
decision to search the home
was inconsistent with law
and department policy.
"The voluntariness of the
consent is problematic in
that the board doubts the
11-yearold child had any
knowledge of his rights or
his mother's rights in regard
to the privacy of her home;"
the board wrote.
City Manager Steve Atkins
said he's preparing a report
on the incident and the coun-
ca will be able to review it
within a month.
Gazette staff writer Nathan
Hill contributed to this story.
® ■ The Gazette, Wed., July 11, 2001
IOWA TODAY w �.
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Changes OK'd for watchdog
■ The City Council formally approved
last night keeping the city's police
watchdog group, after making some
changes in how it functions.
The Police Citizens Review Board
(PCRB) will continue reviewing police
policies, and will have more flexibility
in reviewing complaints about police
procedure.
However, it will no longer be able to
hold public hearings on police
practices. That burden will be left up to
the council.
Also gone is a part-time staff person
to handle complaint paperwork. That
duty will now be performed by the city
clerk's office.
The PCRB was due to expire next
month without the city council's
renewal.
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