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HomeMy WebLinkAbout3-6-2013 Police Citizens Review BoardMEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: February 28, 2013 TO: PCRB Members FROM: Kettle Tuttle RE: Board Packet for meeting on March 6, 2013 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 03/06/13 • Minutes of the meeting on 02/06/13 • ICPD Memorandum #13-05 (4'" Quarter 2012 Use of Force Review) • ICPD Use of Force Report — October 2012 • ICPD Use of Force Report — November 2012 • ICPD Use of Force Report — December 2012 • DRAFT Community Forum Information • Complaint Deadlines • Office Contacts — February 2013 Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org AGENDA POLICE CITIZENS REVIEW BOARD March 6, 2013 — 6:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NOA CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 02/06/13 • ICPD Memorandum #13-05 (4" Quarter 2012 Use of Force Review) • ICPD Use of Force Report — October 2012 • ICPD Use of Force Report — November 2012 • ICPD Use of Force Report — December 2012 ITEM NO. 3 OLD BUSINESS • Community Forum ITEM NO. 4 BOARD INFORMATION ITEM NO. 6 STAFF INFORMATION ITEM NO. 6 PUBLIC DISCUSSION ITEM NO. 7 CONSIDER MOTION TO ADJOURN TO 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. ITEM NO, 8 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS • April 9, 2013, 5:30 PM, Helling Conference Rm • April 23, 2013, 6:00 PM, Helling Conference Rm (Community Forum) • May 14, 2013, 5:30 PM, Helling Conference Rm • June 11, 2013, 5:30 PM, Helling Conference Rm • July 9, 2013, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT POLICE CITIZENS REVIEW BOARD MINUTES — February 6, 2013 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:31 P.M. MEMBERS PRESENT: Kingsley Botchway (5:36), Melissa Jensen, Donald King, and Royceann Porter MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Jim Steffen of the ICPD. RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #12-05 CONSENT CALENDAR Motion by King and seconded by Jensen to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/08/13 Motion carried, 4/0, Botchway absent. NEW BUSINESS Community Forum — The Board discussed the next Community Forum. It was agreed that the Board thought the Library worked out well last year, was a neutral place, centrally located, and easily accessible being on the bus route. They also discussed dates and agreed to April 23`' in hopes that the Diversity Committee recommendations would be finalized and that the UI students would still be around to attend. Moved by King, seconded by Jensen to hold the next Community Forum at the Iowa City Public Library on April 23rd. Motion carried, 5/0. The Board discussed start times and agreed to 6:00 PM due to the bus routes being less frequent after 6:00. Motion by Jensen, seconded by Porter to set the time of the Community Forum to 6:00 PM. Motion carried, 510. OLD BUSINESS Additional Board Recommendations — The Board had previously put this item on the agenda to discuss the option of requesting audio/video if available with each Chief's report regarding a complaint. After discussion and questions directed to Captain Steffens about the time involved in preparing audio/video for the Board, it was decided that they would continue as they have in the past and only request audio/video if they felt they needed more information than what was provided. PCRB February 6, 2013 Page 2 BOARD INFORMATION None. STAFF INFORMATION None. PUBLIC DISCUSSION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 6, 2013, 5:30 PM, Helling Conference Rm • April 9, 2013, 5:30 PM, Helling Conference Rm • April 23, 2013, 6:00 PM, Iowa City Public Library, Rm A (Community Forum) • May 14, 2013, 5:30 PM, Helling Conference Rm Jensen and Treloar not present for executive session due to conflict of interest. King continued the meeting as temporary Chair. EXECUTIVE SESSION Motion by King and seconded by Porter 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, 3/0, Jensen and Treloar abstaining. Open session adjourned at 5:58 P.M. REGULAR SESSION Returned to open session at 6:00 P.M. Motion by Porter, seconded by Botchway to forward the Public Report as amended for PCRB Complaint #12-05 to City Council. Motion carried, 3/0, Jensen and Treloar absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Botchway. Motion carried, 3/0, Jensen and Treloar absent. Meeting adjourned at 6:01 P.M. \ .\\0X Ul x o\ x x Q POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 February 6, 2013 To: City Council Complainant City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #12-05 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #12-05 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on August 31, 2012. As required by Section 8- 8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on November 30, 2012. The Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B)(1)(a), On the record with no additional investigation. The Board met to consider the Report on December 18, 2012 and February 6, 2013. FINDINGS OF FACT Beginning on August 24, 2012, the complainant alleges he has been the victim of harassment by Officer B. The complainant cites numerous incidents stemming from the first incident occurring on August 24`h where Officer B and other officers continued their harassment over the course of a couple of days until the events culminated in his arrest on September 6, 2012. On August 31, 2012, the complainant filed a PCRB complaint with the City Clerk's Office. While the complaint cites numerous incidents, many incidents mentioned lack evidence regarding date, time and location of incidents hindering further investigation. Other claims have been refuted by witness statements and other evidence. ALLEGATION #1 — Harrassment of complaintant by Officer B on the Hwy 6 Iowa River Bridge. There is no evidence of the complainant was harassed by Officer B on the Hwy 6 Iowa River bridge. Complainant claims Officer B approached him and told him that he could not to walk "outside the bridge." However, investigation of the on duty rosters during the time frame of the complainant's alleged harassment doesn't show Officer B working any shifts that night. Allegation 1: Not sustained ALLEGATION #2 — Harassment of complainant by Officer B at the Iowa City Public Library. There is no evidence to suggest improper conduct on the part of Officer B at the Iowa City Public Library. Investigation determined that Officer B was acting in accordance with a prior warning issued due to an assault committed by the complainant. Allegation 2: Not sustained ALLEGATION #3 — Officers threatened complainant in the Ped Mall Complainant was unable to provide information to corroborate his claim in order:6 assist with=? further investigation. Complainant was unable to identify any specific officer who threatened him. Complainant was also unable to give concrete information on what women the Officers were referring to when they threatened to lock up any woman that befriends him. Allegation 3: Not sustained ALLEGATION #4 — Officers call every place he applies for a job and tells them not to hire him. There is no evidence of the officers calling businesses he specified and telling them not to hire the complainant. The managers, from each of the specified businesses, were interviewed and all three denied every speaking with police about complainant or that police told them not to hire complainant in some indirect way. Allegation 4: Not sustained ALLEGATION #5 — Harassment of complainant by officers at the Robert E. Lee Recreation Center. There is no evidence to suggest improper conduct on the part of officers at the Robert E. Lee Recreation Center. Allegation 5: Not sustained ALLEGATION #6 — Officer B filed the simple assault charge in retaliation for complainant filing a PCRB complaint. Based on the timeline, the warrant for the assault was completed five days before Officer B was notified of the complaint against him. Allegation 6: Not sustained COMMENTS None DVART MENT MDMO $M3-05 r TO: Chief Hargadine FROM: Captain Jim Steffen RE: 4th Quarter 2012 Use of Force Review DATE: February 20, 2013 F The "Use of Force Review Committee" met on December 14, 2012. It was composed of Captain Steffen, Sgt. Lalla and Officer Clarahan. For the review of submitted reports in October, 41 Officers were involved in 18 separate incidents requiring use of force involving 18 individuals. In November, 57 Officers were involved in 19 separate incidents requiring use of force involving 27 individuals. 45 Officers were involved in 16 separate incidents requiring use of force in December. These incidents involved 17 individuals. All issues or concerns were identified and addressed at previous levels of review. Officers are reminded that when noting an injury in that specific section, they should note in the narrative where on the body the injury was located and that the injury was documented with a photograph. If an officer is completing a report for the destruction on an animal the suspect injury section should be left blank. Of the incidents reviewed over the three month period, a Taser was discharged on three occasions, and on five occasions a Taser was displayed which resulted in compliance without deployment. There was one SRT call out where officers displayed assigned weapons towards multiple people. In four incidents officers responded to calls where a firearm was displayed or recently discharged. In five incidents an officer fired their sidearm to destroy injured animals. Of the 53 incidents reviewed, 7 suspects and 9 Officers sustained superficial injuries as a result of the use of force. Please contact me if you have any questions. Copy: City Manager, PCRB, watch Commanders, Review Committee IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT October 2012 Ofe # Date Inc # Incident Force Used 2012- 86,18,2, 10-6 012072 Felony Stop Officers displayed side arms Wlien conducting a 37,45,05 felony stop -suspect had fired multiple shots at 2 61,07,17 people then fled in a vehicle. 5 10-10 012240 Fight Officer used hands-on control and take down techniques to arrest a subject who had attempted to flee. 19,9 10-12 012317 Juvenile Comp Officers used hands-on control techniques to gain control of & prevent injury to an out of control mentally challenged student on a school bus 62 10-13 012363 Warrant Service Officer used hands-on control to arrest a subject on a warrant after he attempted to flee 66,62 10-13 012363 Warrant Service Officers used hands-on control and take down techniques to arrest a subject interfering with a warrant arrest. 19,62 10-14 012393 Trespass Officers used hands-on techniques to put uncooperative mentally ill subject into an ambulance. 13,57 10-15 012427 Assault Officers used hands-on and compliance techniques to control a combative juvenile during arrest. 86 10-20 012682 Intoxicated Officer used hands-on control techniques to take Subject a resistive subject into custody. 62,63 10-20 012668 Intoxicated Officers used hands-on control and take -down Subject techniques to stop a fleeing suspect & take him into custody. 13,63 10-21 012706 Intoxicated Officers used hands-on control techniques and Subject take -down techniques to stop a fleeing suspect & take him into custody. 62 10-21 012763 Medical Assist Officer used hands-on techniques to arrest a resistive individual. 51,62 10-21 012715 Domestic Officers displayed taser and sidearm to cover suspect who was reportedly armed with knives and hiding in a bedroom. 48,02 10-21 012719 Suspicious Officers used hands-on and take down Activity techniques to control an assaultive subject and deployed a taser at the subject when he would not stop assaulting the officers. 36 10-23 012827 Injured Animal Officer used sidearm to put down injured deer. 08,61,65 10-23 012820 Fight Officers used hand -on techniques and one officer displayed his taser to gain control and arrest the assaultive resisting subject. 08,19,44 10-25 012941 Warrant Service Officers used hands-on control techniques, displayed a taser and one officer deployed a taser (with ineffective results) to take the resistive subject into custody after he fled to avoid arrest. 65 10-27 013007 Fight Officers used hands-on control and take down techniques to catch the fleeing, resistive subject and take him into custody. 38,49 10-28 013075 Fight Officers used hands-on control techniques to control the already handcuffed subject when she becarne combative & tried to hurt herself, before and after arrival at the jail. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT November 2012 Ofc # Date Inc # Incident Force Used ` 2012- 37,29, 11-3 013322 Warrant Service Officers used hands-on control and take down 65,02 techniques to arrest a subject who had attempted to flee. I officer displayed his taser to gain compliance from the subject. 62 11-7 013484 Warrant Seivice Officer displayed his sidearm when approaching a wanted subject that was known to be suicidal & was also making homicidal threats 57 11-8 013525 Injured Animal Officer used his sidearm to put down an injured deer. 18,05 11-11 013672 Fight Officers used hands-on and take -down techniques to arrest a resistive individual. 46,37 11-11 013712 Medical Assist Officers used hands-on techniques to control a combative subject while waiting for EMS to arrive. 48 11-14 013789 Traffic Stop Officer used hands-on and take -down techniques to arrest a combative subject that tried to flee. 10,44 11-16 013903 OWI Officers used hands-on control and take -down techniques to arrest a subject physically interfering with an arrest.. 08, 11-17 013924 OWI Officers used hand -on control and take -down 05,10 techniques to at -rest the assaultive subject. 96,19, 11-18 613996 Shooting Officers displayed handguns while clearing a 40,08 residence where a shooting had occurred. 19 11-18 013996 Shooting Officer displayed handgun when confronting subjects exiting residence where a shooting had occurred 43,28, 11-19 013996 Arrest Officers displayed sidearms when confronting 04,58, and arresting a shooting suspect. 54 21,56 11-20 014062 Fight Officers displayed sidearm and taser when checking a residence where a female could be heard yelling. 91,48, 11-23 014125 Suspicious Officers displayed side arms & 1 shotgun when 05,52, Activity making a felony traffic stop -suspect had 61,08, displayed a weapon to another motorist. 02 38 11-25 014213 hrjured Animal Officer used his side arm to put down an injured deer. 90,08 11-25 014207 Suspicious Officers used hands-on control and take -down Activity techniques to arrest fleeing, combative subject. 38,31 11-26 014244 Fight Officers used hands-on controls to restrain an assaultive juvenile. 93,85,52, I 1-28 014345 SRT Search Officers displayed side arms, shotguns and rifles ,3,2, 51 51,34,25, Warrant during the execution of a high risk warrant. 31,48,16, 81,08,22 02 I 1-29 014351 Injured Animal Officer used side arm to put down an injured deer IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT December 2012 Ofe # Date Inc # Incident Force Used 2012- 9,19,63 12-1 014482 Missing Juvenile Officers used hands-on control and take down ` techniques to apprehend a fleeing subject. 91,19,6 12-2 014499 Weapons Offense Officers displayed side arms, rifles and shotguns 5,37,09, 02,24,3 2,63,10 when searching and securing a residence after a report of shots fired from within. 64 12-2 014532 Injured Animal Officer used side arm to put down an injured deer. 56,57 12-3 014568 Theft/Shoplifting Officers used hands-on and take -town techniques to arrest the resistive subject. 40,56 12-3 014585 Traffic Stop Officers used hands-on control techniques to prevent subject from interfering with a lawful search. 48,52 12-12 014920 Trespass Officers used hands-on control techniques and a taser was deployed to take the assaultive, combative subject into custody. 38,39 12-13 014971 Juvenile Officers used hands-on and take -down Complaint techniques to arrest the combative subject. 54,28, 12-14 015016 Assault Officers displayed side arms while confronting 04 w/Weapon and arresting the possible armed subject 40,46 12-17 015147 Warrant Service Officers used hands-on techniques to arrest the resistive subject. 09,19, 12-18 015187 Juvenile Officers used hand -on techniques to arrest a 40 Complaint resistive subject. 10 12-20 015245 Narcotics Officer used hands-on control techniques to arrest the assaultive subject. 19,60, 12-24 015378 Fight Officers used hands-on control techniques to 37 1 take the combative subject into custody. 07,22 12-30 015530 Fight Officers used hands-on and take -down techniques to arrest the combative subject. 62 12-31 015574 Bar Check Officer used hands-on techniques to arrest the resistive subject. 19,13 12-31 015565 Fight Officers used hands-on and take -down techniques to arrest the assaultive subject. 37,62, 12-31 015568 Fight Officers used hands-on control techniques and a 42,41 taser was deployed to take the assaultive subject into custody. ITEM NO. 4 Ai- � e� f II V IJ i`� NNUJ"L coi,wmMV\\Ir uy r©VmMV191i APR H- 2,39 20139 6.00 PIM 123 Somlb Linn Stroot., W CALL TO ORDER & ROLL CALL INTRODUCTION OF BOARD, CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM NO. 5 ADJOURNMENT We invite YOU to attend a forum. The City of Iowa City POLICE CITIZENS REVIEW BOARD WHEN: TIME: WHERE': TOPIC The Poli for the pure procedures (Find ICPD Citize COMMUNITY FORUM Tuesday, April 23, 2013 6:00 PM IowaCity Public Library, 1 123 South Linn Street, IC ose ot: nearing L of.the Iowa City General Orders oard , will be holdi olice! DeiDartmen Forum ces and QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 8th: Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 Or e-mail to PCRB staff: kellie-tuttle@iowa-city.org The Board will attempt to address all correspondence received. The forum will be taped for rebroadcast. General News Release: The Police Citizens Review Board will be holding its Annual Community Forum On -the r plaint Reyie., n..,,,,,,.,s and pufview of the Board; and for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. WHEN: Tuesday, April 23, 2013, TIME: 6:00 PM at > WHERE: Iowa CityPublic LiUrarY,RrnA _ 123 South Linn Street, IC Questions & Comments: Send your questions or cormnents;you'd like addressed at the forum to the following by Monday, April Sth: Please include frill name and address. (All correspondence is public) PCRB Or e-niail to PCRB staff: City of Iowa City kellie-tuttle@iowa-city.org 410 E Washington St Iowa City, IA 52240 The Board will attempt to address all correspondence received. The forum will be taped and rebroadcast on the Interactive City Channel 5. The agenda is available at: hU://www is og v org/default/apps/boards/boardList asp Publicizing Forum - April 23, 2013 • Notice to Neighborhood Assoc for Newsletters —Sent to Marcia ??/??/?? • Post Agenda & Agenda News Release — ??/??/?? • General News Release re:Forum — ??/??/?? • Forum Notice in Council packet — ??/??/?? • Route Notice to City Departments — Done at Staff meeting ??/??/?? • Post Notice in City Building — City Hall ??/??/?? • Posted Notice in all City Buses — Done by ??/??/?? • Send Notices to Neighborhood Ctrs (Broadway/Pheasant Ridge) — Done ??/??/?? • Headline (Shannon) on City webpage — Link to 1 st General News Release — ??/??/?? • 2°d General News Release re:Forum — ??/??/?? Videotape of Forum Cable to videotape and re -run Forum on the City Channel for couple of months - Transcriptions of Forum - Name plates of Board m, Contacts: ???????? — Broadway/Pheasant Ridge Neighborhood Ctrs — 354-7989 (email for contact) — Send notices to Neighborhood Centers of Johnson County P.O. Box 2491 Iowa City, IA 52244 Pheasant Ridge Center 2651 Roberts Road, Iowa City, IA Broadway Neighborhood Center 2105 Broadway Street, Iowa City, IA March 6, 2013 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #12-06 Filed: 11/26/12 Chief's Report due (90days): 02/25/13 Chief's Report filed: 02/22/13 PCRB Mtg #1 (Review & Assign) 03/06/13 PCRB Mtg #2 (Review) ??/??/13 PCRB Report due (45days): 04/08/13 PCRB MEETING SCHEDULE April 9, 2013 April 23, 2013 (Community Forum) May 14, 2013 June 11, 2013 July 9, 2013 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2013 Date Description 2-1-13 Individual wanted to know how to file a complaint on an incident that recently occurred. Reviewed locations site and confirmed complaint form was available on the City website.