HomeMy WebLinkAbout04-15-2002 Minutes DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES- MARCH 12, 2002
CALL TO ORDER Vice-Chair Loren Horton called the meeting to order at 7:03
P.M.
ATTENDANCE Board members present: Bill Hoeft, Loren Horton, Bev
Smith, and John Watson. Board members absent: John
Stratton. Legal Counsel Catherine Pugh, and Staff Kellie
Tuttle. Also in attendance was Lt. Dan Sellers of the ICPD,
a member of the Daily Iowan and a member of the Press
Citizen.
RECOMMENDATION TO COUNCIL
Accept PCRB Report on Complaint #01-06.
CONSENT
CALENDAR Motion by Watson and seconded Hoeft by to adopt the
consent calendar as amended:
Minutes of the meeting on 02/05/02
· Minutes of the meeting on 02/26/02
· ICPD Use of Force Report - January 2002
· Memorandum from City Manager- Age of Consent for
Search
Motion carried, 4/0, Stratton absent.
Watson wanted to know if they would be discussing age of
consent and Pugh said that there was a memo in their
packet from Stratton stating they would discuss it at the
meeting on April 9. Pugh a~reed they could discuss it at this
meeting as well as on the 9"'. Horton suggested they
discuss it under old business.
NEW BUSINESS None.
OLD BUSINESS Hoeft wanted clarification on age of consent. He was under
the assumption that they were not going to discuss it until
they were asked. Pugh stated the board had been asked by
the City Council through the City Manager's memo.
Watson will be gone at the April 9th meeting and wanted to
voice his questions regarding age of consent. Watson
verified with Pugh that there could be a search without
consent under certain circumstances. He would like
clarification on what those circumstances are and would like
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to have some examples of urgent needs to search other than
those. He questioned times when there is a necessity to
immediately enter a home that don't fall under then exigent
circumstances criteria. Hoeft gave the example of an officer
having reliable information that someone they have a
warrant for is inside a house. The officer can not just walk
away from the house and it is not covered by the exigent
criteria. Watson thinks the board should first consider
whether there should be any minor consent, and why would
they allow a home to be searched with the consent of
someone who really doesn't have the right to give it. Watson
asked if the Board feels minor consent should be allowed
then the next issues to discuss would be for what and at
what age a minor can give consent. In response to Norton,
Pugh defined an exigent situation as an emergency,
someone being harmed, or evidence being destroyed.
Watson pointed out that another option would be to call
someone in to watch the entrance and exit until the
homeowner/adult occupant could be contacted for consent
or get a search warrant to conduct a search. Pugh will
review the policy before the next meeting.
Smith asked if this has been tested before. Pugh responded
that it has been tested in various jurisdictions however there
were not clear guidelines on how it was to be treated. It was
just a balancing act of is the child mature enough and do
they understand what their rights are.
Pugh stated that one of the things that the City Legal
Department had to take into consideration was how an
officer is supposed to know how old a child actually is.
Hoeft pointed out that the request in the memo says if you
wish to comment any fur[her and he wonders if the board
really wants to get into this. Pugh feels the Council has
opened the door for the board if they have any strong
feelings and they want to make some recommendation. At
this point the board has not been directed to make any
recommendations so if they choose not to they don't have to.
Watson feels that since they have already been reviewing
age of consent and have had a complaint dealing with it, the
board should make a recommendation. Watson's
suggestion would be for a compromise and recommend
using the age of 14 because that's the age where minors
begin to take on more responsibility, like driving and age of
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discretion. He again brought up his question regarding why
there is a need to ask any minor for consent.
Since Watson will be gone the week of April 8th, the board
discussed rescheduling the April meeting. Horton will call
Stratton's office to see if they know when he will be back.
Watson suggested that Tuttle check with Marian Karr or
Steve Atkins to find out if the Council is waiting for them and
if so would they wait until everyone could be in attendance.
PUBLIC
DISCUSSION None
MEETING
SCHEDULE
· April 9, 2002, 7:00 P.M., Lobby Conference Room
· May 14, 2002, 7:00 P.M., Lobby Conference Room
· June 11,2002, 7:00 P.M., Lobby Conference Room
· July 9, 2002, 7:00 P.M., Lobby Conference Room
· August 13, 2002, 7:00 P.M., Lobby Conference Room
Horton asked that the board members check their schedules
for the summer so if anyone is going to be gone they can
figure those absences in.
BOARD
INFORMATION None
STAFF
INFORMATION Extension Granted for 01-06 at Council Meeting on 02/19/02,
unanimous, 7/0.
EXECUTIVE
SESSION Motion by Hoeft and seconded by Smith 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)
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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, 4/0, Stratton
absent. Open session adjourned at 7:39 P.M.
REGULAR
SESSION Returned to open session at 7:46 P.M.
Motion by Hoeft, seconded by Smith to accept the Public
Report for Complaint #01-06. Motion carried, 4/0, Stratton
absent.
ADJOURNMENT Motion for adjournment by Watson and seconded by Hoeft.
Motion carried, 4/0, Stratton absent. Meeting adjourned at
7:50 P.M.
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