HomeMy WebLinkAbout10-7-2013 Citizens Police Review BoardMEMORANDUM
CITIZENS POLICE REVIEW BOARD
(Formerly Police Citizens Review Board)
A Board of the City of Iowa City
DATE:
October 1, 2013
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on October 7, 2013
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 10/07/13
• Minutes of the meeting on 08/12/13
• ICPD Memorandum #13-17 (2nd Quarter 2013 Use of Force Review)
• ICPD Use of Force Report —April 2013
• ICPD Use of Force Report — May 2013
• ICPD Use of Force Report — June 2013
• Office Contacts — August 2013
• Office Contacts — September 2013
• Iowa City City Code Section 8-8-7
• CPRB By -Laws
• CPRB Standard Operating Procedures and Guidelines
• Updated Board Member List
• Draft Brochure
• Draft Information Sheet
• Draft Complaint Form
• Memorandum regarding CPRB Video
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.Om
AGENDA
CITIZENS POLICE REVIEW BOARD
(Formerly Police Citizens Review Board)
October 7, 2010 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO.1 CALL TO ORDER and ROLL CALL
ITEM NO.2 REPORT FROM NOMINATING COMMITTEE
(None - no September meeting held)
ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING
COMMENT: As the By -Laws do not prescribe the method of voting, the Board
will need to make a motion to fix the method of voting. Nominations can be made
by balloting or from the floor. Voting can be by voice vote, show of hands, or
ballot. The Board should decide if the basis for decision is majority vote of the
total membership and procedure for canvass of ballots.
ITEM NO.4 NOMINATIONS FOR OFFICE OF CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 08/12/13
• ICPD Memorandum #13-17 (2nd Quarter 2013 Use of Force Review)
• ICPD Use of Force Report — April 2013
• ICPD Use of Force Report — May 2013
• ICPD Use of Force Report — June 2013
CPRB-Page 2
October 7. 2013
ITEM NO. 7 NEW BUSINESS
• Brochure/Forms Update
• Video
ITEM NO. 8 PUBLIC DISCUSSION
ITEM NO. 9 BOARD INFORMATION
ITEM NO.10 STAFF INFORMATION
ITEM NO.11 MEETING SCHEDULE and FUTURE AGENDAS
• November 12, 2013, 5:30 PM, Helling Conference Rm
• December 10, 2013, 5:30 PM, Helling Conference Rm
• January 14, 2014, 5:30 PM, Helling Conference Rm
• February 11, 2014, 5:30 PM, Helling Conference Rm
ITEM NO.12 ADJOURNMENT
POLICE CITIZENS REVIEW BOARD
MINUTES — August 12, 2013
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Kingsley Botchway and Donald King
MEMBERS ABSENT: Royceann Porter and Melissa Jensen
STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh
STAFF ABSENT: None
OTHERS PRESENT: Jim Steffen of the ICPD; Marian Karr, City Clerk; Stefanie Bowers,
Equity Director; Danielle Holiday, Public.
RECOMMENDATIONS TO COUNCIL
1) Expedite CPRB Ordinance
1) Accept PCRB FY13 Annual Report
CONSENT
CALENDAR Motion by King, seconded by Botchway, to adopt the consent calendar as
presented or amended.
• Minutes of the meeting on 07/08/13
• ICPD Quarterly Summary Report (All quarters) IAIR/PCRB, 2012
• ICPD Quarterly Summary Report (1s'&2nd quarters) IAIR/PCRB, 2013
• ICPD General Order 89-04 (Civil Rights)
• ICPD General Order 90-03 (Personal Appearance and Uniform
Regulations)
• ICPD General Order 91-05 (Investigative Task Force)
• ICPD General Order 95-01 (Emergency Operation of Police Vehicles)
• ICPD General Order 99-02 (Alarm — Open Door Response)
• ICPD General Order 99-03 (Prisoner Transport)
• ICPD General Order 99-05 (Use of Force)
• ICPD General Order 99-08 (Body -Cams and In -Car Recorders)
• ICPD General Order 99-10 (Domestic Violence)
• ICPD General Order 99-11 (Arrests)
• ICPD General Order 99-12 (Field Interviews and 'Pat -Down" Searches)
• ICPD General Order 00-03 (Less Lethal Impact Munitions)
• ICPD General Order 00-05 (Off -Duty Conduct: Powers of Arrest)
• ICPD General Order 00-08 (Weapons)
• ICPD General Order 01-01 (Racial Profiling)
• ICPD General Order 07-02 (Detainee Processing)
• ICPD General Order 08-01 (Conducted Energy Devices)
Motion carried, 5/0.
PCRB
August 12, 2013
Page 2
King had a question regarding the review process of the General Orders and
if there was someone within the Police Department that does the review and
would make the necessary changes in accordance with the new Board
ordinance. Steffen noted that would be an administrative duty and would be
taken care of. Treloar asked if those are part of the accreditation process.
Steffen explained that they go through that process every three years and
members from the Board come and randomly review policies, interview
officers, etc.
Botchway had additional questions regarding a specific general order.
Motion by King, seconded by Jensen, to withdraw the original motion and put
the consent calendar back on the floor for discussion. Motion carried, 5/0.
Botchway had a comment regarding General Order 99-11 (Arrests), Section
III, Arrest/Citation. He wondered if there was a way to work something into
the education component of the Board to let the public know their
responsibilities at the time of being stopped by an officer or issued a citation.
Treloar commented that it could be a special topic at a forum as a form of
education.
Motion by King, seconded by Jensen, to adopt the consent calendar as
presented or amended. Motion carried, 5/0.
OLD BUSINESS Council Resolution #13-217 regarding staff review of Ad -Hoc Diversity
Committee Recommendations (PCRB pages 11-16) - Karr explained that
the information in the packet were the red -lined versions of the proposed
going to the City Council and that Karr and Bowers were there to answer any
questions. Pugh asked whether 8-8-76(1)(c) of the City Code should be
removed since the Board does not have the power to make the officer(s)
meet with them. Karr said she would talk with City Attorney's office regarding.
King questioned, and the Board agreed, if section I. Complaint Process,
B5(b)(4) of the Standard Operating Procedures should be omitted, since the
Board can only review complaints against a sworn Iowa City police officer.
Karr will follow up with the City Attorney's office. Karr also gave an overview
of the timeline of the documents going to Council for approval.
Botchway left meeting (6:11 PM) Treloar and the Board thanked Botchway for his commitment
while serving on the Board.
Holiday introduced herself to the Board and commented on the accessibility
of information on the City website. Karr stated that the City is doing a City
wide overhaul of the website and providing more information on Twitter and
Facebook. Improvements have been made, but the Board/City is always
looking for suggestions. Porter also commented the various locations that
information is now available. Karr suggested Holiday follow up with the City
Clerk's office.
PCRB
August 12, 2013
Page 3
King asked if the Ordinance could be expedited. Karr explained the process
for an ordinance and that the Board could request expedited action if it chose
to.
Moved by King, seconded by Porter to recommend to Council and request the
CPRB ordinance be expedited. Motion carried, 4/0, Botchway absent.
Holiday left meeting (6:27 PM)
Karr and Bowers left meeting (6:30 PM)
NEW BUSINESS DRAFT of FY13 Annual Report —The Board reviewed the FYI Annual
Report.
Moved by Jensen, seconded by King to forward the FYI Annual Report to
Council as presented. Motion carried, 4/0, Botchway absent.
BOARD INFORMATION Porter announced that she has filed papers and is a candidate for City
Council (District B).
STAFF INFORMATION Tuttle stated that the deadline for applications for the vacancy on the
Board is Wednesday, August 14th at 5:00 PM.
PUBLIC DISCUSSION None.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
® September 10, 2013, 5:30 PM, Helling Conference Rm
® October 8, 2013, 5:30 PM, Helling Conference Rm
® November 12, 2013, 5:30 PM, Helling Conference Rm
® December 10, 2013, 5:30 PM, Helling Conference Rm
ADJOURNMENT Motion for adjournment by King, seconded by Porter.
Motion carried, 4/0, Botchway absent.
Meeting adjourned at 6:35 P.M.
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POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB)
consists of five members appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2013
Meetings
The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY13 the Board held sixteen meetings and one Community Forum.
ICPD Policies/Procedures/Practices Reviewed By PCRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attended the open portion of the PCRB meetings, and was available for any questions Board
members had regarding these reports.
Presentations
In April of 2013 the Board held its fifth Community Forum as required by the City Charter. The Board
did introductions and the forum was opened to the public for questions. There were four members of
the public that spoke at the forum. Topics of discussion included the following: service dog
awareness and recommendations from the Ad Hoc Diversity Committee.
In October officers were nominated with Joseph Treloar as Chair and Melissa Jensen as Vice -Chair.
Melissa Jensen and Royceann Porter were re -appointed to the Board in July of 2013 for four-year
terms beginning September 1.
COMPLAINTS
Number and Type of Allegations
Five complaints (12-05, 12-06, 13-01, 13-02, 13-03) were filed during the fiscal year July 1, 2012 —
June 30, 2013. Five public reports were completed during this fiscal period (12-01, 12-03, 12-04, 12-
05, 12-06) and two complaints were dismissed (13-02, 13-03). The remaining complaint filed in FY13
is pending before the Board (13-01).
Allegations
Complaint #12-01
1. Excessive Force - NOT SUSTAINED.
2. Harassment - NOT SUSTAINED.
PCRB Annual Report FY 2013 — Approved 08/12/13 —1
3. Violation of Civil Rights - NOT SUSTAINED.
4. False Arrest - NOT SUSTAINED.
Complaint #12-03
1. Improper action jeopardizing the safety of his child - NOT SUSTAINED.
2. Improper Conduct— NOT SUSTAINED.
3. Improper Demeanor of both officers -NOT SUSTAINED.
Complaint #12-04
1. Illegal Search - NOT SUSTAINED.
Complaint #12-05
1. Harassment of complainant by officer on the Hwy 6 Iowa River Bridge - NOT SUSTAINED.
2. Harassment of complainant by officer at the Iowa City Public Library — NOT SUSTAINED.
3. Officers threatened complainant in the Ped Mall - NOT SUSTAINED.
4. Officers call every place complainant applies for a job and tells them not to hire him — NOT
SUSTAINED.
5. Harassment of complainant by officers at the Robert E. Lee Recreation Center — NOT
SUSTAINED.
6. Officer filed the simple assault charge in retaliation for the complainant filing a PCRB
complaint - NOT SUSTAINED.
Complaint #12-06
1. Excessive Force -NOT SUSTAINED.
2. Illegal Search - NOT SUSTAINED.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 4
Level b
Interview or meet with complainant 1
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 1
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 0
Level f
Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints to the PCRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief's
Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens' complaint and the Chief's Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the sixteen allegations listed in the five complaints for which the Board reported, none were
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in one of the reports:
PCRB Annual Report FY 2013 — Approved 08/12/13-2
Complaint #12-01
The Board sees the need for more education on an individual's rights and responsibilities when
responding to police officers' directions.
Name -Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name -clearing hearing has been held. During this fiscal period, the Board scheduled no name -
clearing hearings.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage
in the complaint process before the Board adopts its public report. All parties involved must consent to
a request for mediation. No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the annual report of the PCRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. In the five complaints covered by the FY13 annual
report a total of eight officers were involved with allegations against them.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the five complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
* Category/Number of Complainants
Age. National Origin: Color:
Under 21 0 American 1 White
Over 21 3 Unknown 4 Black
Unknown 2 Unknown
Sexual Orientation: Gender Identity: Sex:
Heterosexual 0 Female 0 Female
Unknown 5 Male 0 Male
Straight 1 Unknown
Unknown 4
Marital Status: Religion: Mental Disability:
Single 2 Unknown 4 No
Married 1 Christian 1 Yes
Unknown 2 Unknown
Physical Disability:
No 0
Yes 1
Unknown 4
* Information is reported as presented by the person completing the form.
0
PCRB Annual Report FY 2013 — Approved 08/12/13 — 3
BOARD MEMBERS
Donald King
Joseph Treloar, Chair
Royceann Porter
Kingsley Botchway
Melissa Jensen. Vice Chair
PCRB Annual Report FY 2013 — Approved 08/12/13 — 4
DEPARTMENT MEMO #13-17
TO: Chief Hargadine
FROM: Captain Jim Steffen
RE: 2nd Quarter 2013 Use of Force Review
DATE: August 5,2013
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The "Use of Force Review Committee" met on August 5, 2013. It was composed of
Captain Steffen, Sgt. Lalla and Sgt. Kelsay.
For the review of submitted reports in April, 62 Officers were involved in 30 separate
incidents requiring use of force involving 34 individuals. In May, 29 Officers were involved in
21 separate incidents requiring use of force involving 27 individuals. 28 Officers ware involved
in 17 separate incidents requiring use of force in June. 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. There were a number of reports that officers did not fill out the "result of use of
force section". Officers are reminded that the "Weapons Used" line in the Conditions section is
for suspect weapon, not officer weapon. Supervisors are encouraged to complete a Taser review
in the supervisor review section of the report. The Taser downloaded report should be printed
off and turned into Sgt. Lalla.
Of the incidents reviewed over the three month period, a Taser was discharged on five
incidents. On two occasions two officers deployed their Taser's at the same time, so a total of
seven officers discharged their Tasers. During eight incidents a Taser was displayed which
resulted in compliance without deployment. In twelve incidents officers responded to calls
where the person was either possible armed, shots were fired or failed to show their hands. In
each of those incidents the officers involved displayed either their sidearm or patrol rifle. In
four incidents an officer fired their sidearm to destroy injured animals.
Of the 68 incidents reviewed, 7 suspects and 2 Officers sustained superficial injuries as a
result of the use of force. It should also be noted that a use of force report from a SRT call out
was turned in. This incident occurred on February 16, 2013. In that incident a breaching
shotgun was used and two distraction devices were used. Fourteen officers displayed weapons
while making entry into the house and they encountered three individuals.
Please contact me if you have any questions.
Copy: City Manager, PCRn, watch Commanders, Review Committee
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
April 2013
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Date
Inc #
Incident
FogRJs"& Q
29,24,
4/1
2013003510
Domestic
Officers entered residence WRh side -arms
15,48,
drawn to check welfare of occupants after a call
61,02
reporting a domestic dispute & encountered
subject hiding in a closet. When the subject
refused to exit the closet officers used hands-on
control techniques to pull him out and take him
into custody.
32,10
4/1
2013003511
Warrant Service
Officers displayed sidearm & long gun when
attempting to serve warrant on uncooperative
subject who was known to go armed
22
4/4
2013003659
Intoxicated
Officer used hands on and take -down control
Subject
techniques to take the resistive subject into
custody.
46
4/5
2013004079
Vehicle Pursuit
Driver refused to stop for officer trying to make
traffic stop. Officer pursued the vehicle for a
short distance but lost the offending vehicle.
57,62,
4/6
2013003749
Assault Arrest
Officers used hands-on and take -down control
91
techniques, as well as deployed OC spray, to
control the assaultive subject & take him into
custody.
91
4/6
2013003749
Harassment
Officer used hands-on control techniques to
Arrest
arrest the assaultive individual.
32,61
4/7
2013003758
Fight
Officers deployed tasers to stop 2 subjects from
fighting with each other.
19
4/7
2013003766
OWI
Officer used hands on control techniques to
prevent the combative subject from assaulting
him as he removed her from the squad car
12,19
4/7
2013003769
Warrant Arrest
Officers deployed a taser, then used hands-on
control techniques to take the assaultive subject
into custody after he had fled from them.
18
4/8
2013003797
Injured Animal
Officer used his sidearm to put down an injured
deer.
13
418
2013003822
Domestic
Officer displayed his sidearm when he
encountered subject exiting an apartment after
he heard someone inside apartment racking a
shotgun.
63
4/11
2013003935
Injured Animal
Officer used his sidearm to put down an
injured deer.
62
4/13
2013004027
Juv/Obstruction
Officer used hands-on and take down
control techniques to take the resistive
juvenile into custody.
65
4/13
2013004035
Loud Party
Officer used hands-on control to take the
resistive subject into custody. When at the
jail subject ran from officer who again used
hands on control techniques to re -capture
the subject.
24,2
4/14
2013004049
Fight
Officers used hands-on control and take
down techniques to take the assaultive
subject into custody.
44,62
4/14
2013004075
Domestic
Officers used hands-on and take -down
control techniques to take the actively
resisting subject into custody
24,2
4/15
2013004086
Intoxicated
Officers used hands-on control techniques
Subject
to prevent the resistive, assaultive subject
from sliding his handcuffed hands from
behind his back, over his feet to his front
side.
38,60,
4/17
2013004155
Mental
Officers deployed OC spray & tasers to
16
Impairment
control the mentally ill subject who was
throwing objects at the officer &assaulted
them with a metal cane while threatening to
kill them.
10,2,4,
4/21
2013004313
Felony Traffic
2 officers displayed shotguns, 3 officers
29,18,
Stop
displayed handguns when conducting a
felony stop on a reported stolen vehicle
which was occupied by 5 subjects.
56
4/21
2013004324
Vehicle Burglary
Officer used take -down control techniques
to apprehend the car burglary suspect after
he ignored commands to stop and fled from
the officer.
29
4/22
2013004371
Public Intoxication
Officer used hands-on control techniques to
take the resistive subject into custody and
lace him in the back of the squad car.
62
4/23
2013004412
Warrant Arrest
Officer displayed his activated taser
88
4/23
2013004393
Juvenile
Officer used hands on control techniques to
take the resisting juvenile into custody.
19,47
4/24
2013004426
Suicidal Subject
Officers displayed their activated tasers,
placing the laser dots on a suicidal subject
who was actively cutting himself with a
knife.
16
4/24
2013004427
Domestic -Armed
Officer displayed his handgun when he
subject
encountered the subject who been involved
in a domestic and had pulled a gun on a
person who tried to intervene.
91,92,
4/25
2013004471
Armed Subject
Officers responding to rerl-t of a man with
62,15.
a gun displayed si �m&d long guns
42,05.
while securing the I:qtio%& to q the
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17,
59,52
4/27
2013004547
Loud
Party/Narcotics
Hands on & take down control techniques
used by officers attempting to take the
assaultive subject into custody were
unsuccessful until additional officer
deployed his taser, after which the subject
stopped assaulting officers and was taken
into custody.
44
4/27
2013004571
Traffic Stop
Officer used hands-on control techniques to
remove the resistive subject from his vehicle
so he could be taken into custody.
67,49,
89
4/28
2013004652
Mental
Impairment
Officers used hands-on control techniques
to prevent the mentally ill, uncooperative
subject from hurting herself & transport her
to the hospital.
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
MAY 2013
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Officer
Date
Inc #
Incident
FA rm— Ugd M
o�
5
5/2
2013004822
Fight
Officer displayed ho sideV upon
encountering 2 subjects inaude a residence that
had been involved in a physical fight.
37
5/4
2013004904
Fight
Officer used hands-on control techniques to
take the assaultive subject into custody.
98,65
515
2013004947
Intoxicated
Officers used hands on techniques in a n
Subject
attempt to control the resistive subject but when
their actions were unsuccessful one officer used
OC spray to gain cooperation & compliance.
62
5/5
2013004952
Pursuit
Officer engaged in a short vehicle pursuit to
stop a fleeing vehicle.
33,16,
5/7
2013005021
Med Call Juvenile
Officers used hands-on control techniques to
11,47
restrain the combative juvenile, prevent her
from biting officers& paramedics & safely
transport her to the hospital. Officers again
used hands on control techniques as the
subject continued to be assaultive & tried to kick
& bite hospital personnel.
10,68,
5/11
2013005195
Crash/OWI
Officers used hands-on control techniques,
35,29
active counter measures & deployed OC in an
attempt to gain control of the combative subject
who was assaulting officers & hospital staff. The
subject finally stopped fighting when an
activated taser was displayed.
02
5/15
2013005385
Injured Animal
Officer discharged his sidearm to put down an
inured rabbit.
39,56
5/15
2013005363
Mental
Officers used hands-on control techniques to
Impairment
subdue the uncooperative, assaultive, agitated
subject who was then transported to the
hospital.
24
5/16
2013005391
Traffic Stop
Officer displayed his sidearm when he observed
a handgun sticking out from under the driver's
seat during a traffic stop.
45
5/17
2013225495
Felony Stop
Officer displayed his side arm during a felony
stop of a vehicle the occupants of which had
been involved in an altercation where a weapon
was displayed.
24,20
5/18
2013005497
Bar Check
Officers used hands-on and take down
techniques, as well as displaying an activated
taser, to take the assaultive subject into
custody.
40
5/18
2013005498
Fight
Officer used hands-on techniques in an attempt
to take the assaultive subject into custody.
Officer transitioned to his taser when hand-s on
control was unsuccessful & subject kept
fighting. The display of the activated taser
convinced the subject to stop fighting & he was
taken into custody. Officer suffered superficial
injuries to his hands & arm during the struggle.
64
5/18
2013005538
Intoxicated
Officer displayed his activated laser toward the
Subject
fleeing subject who became assaultive when he
stopped running. Subject was taken into
custody.
51
5/18
2013005559
Interference
Officer deployed his taser after subject ran up to
officers, attempted to strike an officer & said he
would "kick his ass". Subject did not react to
taser strike & raised his fists as if to fight. See
below 2013005557
29
5/18
2013005557
Interference
Officer deployed his taser after subject ran up to
officers, attempted to free a prisoner, became
assaultive and threatened to "kick his ass"
Subject did not react to taser by another officer
and was tasered a 2nd time after which he
ceased fighting & was taken into custody. See
above 2013005559
41
5/19
2013005568
Theft
Officer attempting to arrest subject for theft
using hands on & take down control technique
when subject tried to flee then became
assaultive. Subject continued to fight & officer
deployed his taser, which was initially ineffective
so officer cycled taser a second time after which
subject stop resisting and was taken into
custody.
42
5/19
2013005803
Armed
Officer displayed his activated taser when he
Subject/Mental
encountered the suicidal subject who was
Impairment
armed with a knife. After the subject was
disarmed she was transported to the hospital for
evaluation.
32
5127
2013005841
Fight
Officer used hands on control techniques to
take the resistive subject into custody.
60
5/28
2013005890
Domestic
Officer displayed his sidearm when he
encountered male subject reported tohave
possession of a large knife.
39
5131
2013005992
Injured Animal
Officer discharged his sidearm to put down an
inured deer.
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IOWA CITY POLICE DEPARTMENT
c.►
�n
USE OF FORCE REPORT 2-11
'
June ®13-'em
-n
M
o�
'c
v
Officer
Date
Inc #
Incident
Fc�UWd
45,22
6/1
2013006040
Warrant Arrest
Officers displayed their side arms when
approaching a subject known to have a warrant
and known to carry weapons.
86,2,24,
6/2
2013006077
Domestic Dispute
2 officers displayed shotguns & 2 officers
55,
displayed sidearms when responding to a
domestic dispute where a gun was reported to
have been brandished.
55,02
6/2
2013006079
Attempted Murder
Officers displayed taser and hand guns when
confronting a subject who had just assaulted
another with a hammer and was still armed with
the hammer as well as a large knife.
10,48
6/5
2013006195
Intoxicated
Officers used hands-on control techniques to
subject
capture intoxicated subject, who fled after being
told he was under arrest, and take him into
custody.
37,62
6/7
2013006289
Suspicious
Officers used hands on control techniques &
Person
displayed OC to take the resistive subject into
custody after he ran from them.
24
6/8
2013006345
Intoxicated
Officer used hands on control and take down
Subject
techniques to take the fleeing subject into
custody.
2
6/9
2013006349
Traffic Stop
Officer displayed his firearm when approaching
a driver who would not initially stop his vehicle.
Officer then used hands on techniques to
remove the driver from the vehicle when he
refused to comply with verbal commands to exit.
65,18
6/11
2013006460
Mental
Officers used hands-on and take down control
Impairment
techniques to take the resisting assaultive
subject into custody.
35,59,
6117
2013006671
Warrant Arrest
Officers used hands on control and take down
control techniques to take the resistive subject
into custody.
35
6/23
2013006952
Fight in Progress
Officer used hands on control techniques to
separate
41,15
6/23
2013006953
Fight in Progress
Officers used hands on control & take down
techniques. Along with the display of a taser, to
control the combative subject & take him into
custody.
44
6125
2013007060
Interference
Officer used hands-on control techniques to
take the resistive individual into custody after he
interfered with an investigation.
24
61-26
2013007117
Loud Party
Officers used take down control techniques to
take the fleeing subject into custody.
5
6/27
2013007161
Harassment
Officer used hands on control techniques to
take the resistive subject into custody.
10
6/29
2013007211
Traffic Stop
Officer used hands on control techniques to
take the resistive subject into custody &
transport her to the jail.
10
6/30
2013007248
Disorderly
Conduct
Officer used take down & hands on control
techniques to take the fleeing subject into
custody.
42,62
6/30
2013007282
Mental
Impairment
Officers used hands on control techniques to
control the resistive, suicidal subject & assist
paramedics getting the subject inot the
ambulance for transport to the hospital.
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POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
August 2013
Date Description
None
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
September 2013
Date Description
9-25-13 Complaint form picked up in office.
Prepared by: Marian K. Karr, City Clerk, 410 E Washington St, Iowa City, IA 52240 (319-356-5041)
ORDINANCE NO. 13-4555
AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8, POLICE
CITIZENS REVIEW BOARD, BY REPEALING CHAPTER 8 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW CHAPTER 8, CITIZENS POLICE REVIEW BOARD
WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the Police
Citizens Review Board ("PCRB") to assure that investigations into claims of police misconduct
are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the Police Department as a whole, by having a
review process for Police Department investigations into complaints; and
WHEREAS, the PCRB has made recommendations including the renaming of the Board and
various other recommendations to improve the education and complaint processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and made
additional recommendations; and
WHEREAS, the City Council adopted Resolution 13-217 approving the staff recommendations
for implementation of various recommendations made by Ad Hoc Diversity Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. By repealing Chapter 8, 'Police Citizens Review Board," and substituting in lieu
thereof a new Chapter 8, "Citizens Police Review Board" attached hereto and
incorporated herein by this reference.
SECTION ll. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 17th day of September , 2013.
ATTEST:
CITY R
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slperb: Repealingin entiretydraft. doc
Ordinance No. 13-4555
Page 3
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 9/03/2013
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 9/26/2013
Moved by Mims, seconded by Dobyns, that the rile requiring ordinances to be
considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at tbis time. AYES: Throgmorton, Champion, Dickens,'Dobyns, Hayek,
Mims, Payne. NAPES: None. ABSENT: None.
As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city
created the police citizens review board which shall be known as the citizens police review board
(hereinafter "board"), subject to the duties and limited powers set forth herein. (Ord. 07-4296, 12-11-
2007)
rem no r. reTZ-17 ,P
A. Investigations into claims of inappropriate 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 officers 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. Citizens may make a formal written complaint to either the board or the Iowa City police department. Ir
accordance with this chapter the board shall process only those complaints filed with the board but
will receive reports from the police chief briefly describing the nature of the allegations made in formal
written complaints filed with the police department and the disposition of the same.
D. The board will:
1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police
officers with either the board or the Iowa City police department.
2. Provide oversight of police investigations through review of such investigations.
3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the
board are critical of the police officer, as required by constitutional law, and give the police officer the
opportunity to present testimony and evidence.
4. Issue a final public report to the city council on each complaint to the board which sets forth factual
findings and a written conclusion which explains why and the extent to which the complaint is either
"sustained" or"not sustained".
E. The board shall have no authority over police disciplinary matters because only the police chief or city
manager may impose discipline under Iowa law.
F. No findings in the board's report shall be used in any other legal proceeding.
G. The board shall only review the conduct of sworn Iowa City police officers and shall only act in a civil,
not criminal, capacity. 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.
H. A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal
knowledge" means the complainant was directly involved in the incident or witnessed the incident. 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 to the board based upon a reasonable belief
that police misconduct has occurred regardless of personal knowledge.
I. 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 complaints, although
complaints may also be filed at the police department.
J. 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 police officers under the law.
K. The city council finds that internal accountability within the police department 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 council.
L. Investigation of all formal complaints to the board 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 conclusion explaining why and the extent to
which a complaint is either "sustained" or "not sustained". However, such reports shall not include
discipline 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 manager, the
internal affairs investigation may become a public record to be released by the city attorney to the
extent provided by law.
M. In order to assure external accountability of the actions of the police department, the police chief shall
provide the board with a report at least quarterly of all formal complaints filed directly with the police
department, which report shall state the date and location of the incident and a brief description of the
nature of the allegation and the disposition of the complaint.
N. External accountability will further be provided by the board's maintenance of a central registry of all
formal complaints. In addition to the central registry, 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
complaints, how they were resolved, demographic information, and recommendations as to how the
police department may improve its community relations or be more responsive to community needs.
(Ord. 01-3976, 7-10-2001)
O. The board shall hold at least one community forum each year for the purpose of hearing citizens'
views on the policies, practices and procedures of the Iowa City police department, review police
practices, procedures, and written policies as those practices and procedures relate to the police
department's performance as a whole, and report their recommendations, if any, to the city council,
city manager and police chief. (Ord. 07-4296, 12-11-2007)
8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN
GENERAL:
A. A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police
officer" or "officer") employed by the Iowa City police department, where the complained of activity
occurred while the officer was acting in the capacity of a sworn police officer.
B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the
board. In order to have "personal knowledge", the complainant must have been directly involved in
the incident or witnessed the incident. 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 itself may file a
complaint based on a reasonable belief that police misconduct has occurred regardless of personal
knowledge. The person or official filing the complaint may hereafter be referred to as the
"complainant".
C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms
shall be available to the public in easily accessible locations, and nonpolice staff shall be available to
receive the complaint forms. Assistance may be available to complete the form as designated by the
board.
D. All complaints to the board must be filed with the city clerk within ninety (90) days of the alleged
misconduct.
E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police
officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary
dismissal by the board. (Ord. 01-3976, 7-10-2001)
8-8-4: RESERVED:
8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY
DUTIES; CITY MANAGER INVESTIGATORY DUTIES: Z
A. RESERVED
B. Investigation: It shall be the mandatory duty of the police chief to do the following:
1. Prior to investigation of any board complaint, the police chief shall first give Garrity and Gardner
advice to all police officers implicated in the complaint, as required by constitutional law. This means
the officer cannot be required to waive the officer's constitutional right against self-incrimination.
However, the officer may be required to answer questions during the investigation as a condition of
the officer's employment, but any admissions made by the officer cannot be used against the officer
in a criminal proceeding.
2. RESERVED
3. Assign the complaint to designated investigators within the police department for investigation into
the factual allegations of the complaint.
4. The complainant shall be interviewed by the police department and shall be entitled to have a
neutral city staff person or some other person chosen by the complainant present during the
interview. The police officer is entitled to have a union steward present during any interviews. The
City Manager will participate in the interview process with the officers involved in the complaint. A
review of the City Manager's involvement under this provision will be done in two years to ensure
the practice is producing its intended purpose.
5. Investigators will prepare and forward a report of their investigation to the police chief, and shall
make detailed findings of fact as to the allegations 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 attorney
on a case by case basis, to determine whether and how the investigation of the complaint should
proceed.
D. Complaints Against Police Chief: If a board complaint is filed concerning the police chiefs conduct, the
city manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the police chief or the city manager from
taking disciplinary action prior to the board's review of the complaint. (Ord. 01-3976, 7-10-2001)
8-8-6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORT
TO BOARD: Z
A. The police chief shall receive the designated investigator's 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 additional
investigations; request additional information, or that additional questions be asked; interview or direct
that other persons or witnesses be interviewed; 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 chiefs report to the board, and shall then forward this report to the board, which shall
include the following:
1. Detailed written findings of fact concerning the allegations in the complaint;
2. A written conclusion which explains why and the extent to which the complaint is either "sustained" or
"not sustained"; and
3. Recommended remedial actions, if any, including amending current policies or adopting new policies.
C. The police chiefs report to the board shall not include discipline or personnel matters.
D. A copy of the police chiefs 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 complainant, and the city council. (Ord. 01-3976, 7-10-
2001)
E. The police chiefs report to the board shall be completed within ninety (90) calendar days after the
complaint is filed. The board will grant extensions from this deadline for good cause shown. (Ord. 07-
4260, 5-1-2007)
F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience
and embarrassment 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 report shall include the same
findings of fact and conclusions as required for the police chiefs report to the board. (Ord. 01-3976,
7-10-2001)
8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL
!
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. A copy of all complaints shall be forwarded to the Equity Director.
B. Review Of Police Chiefs Report Or City Manager's Report:
1. The board shall review all police chiefs reports and city manager's reports concerning complaints. The
board shall decide, on a simple majority vote, the level of review to give each police chiefs or city
manager's 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 officer(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. (Ord. 01-3976, 7-10-2001)
e. Perform its own investigation with the authority to subpoena witnesses. (Ord. 07-4296, 12-11-2007)
f. Hire independent investigators.
2. The board shall apply a "reasonable basis" standard of review when reviewing the police chiefs or city
manager's report. This requires the board to give deference to the police chiefs or city manager's report
because of the police chiefs 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 not supported 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.
If, in accordance with said standard, the board affirms the decision of the police chief or city manager with
respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police
practices, policies, or procedures, it may so comment in its report to the city council. If such comments
are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to
subsection B4 of this section. When collecting and reviewing additional evidence, the board shall rely on
evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious
affairs.
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
complaint, together with a clearly articulated conclusion which explains why and the extent to which the
complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not
include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" 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 disclosure outweighs the public harm and privacy interests of the complainant(s) and/or
police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons
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 confidential 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, although the board may comment generally as to whether
the board believes discipline is appropriate without commenting on the extent or form of the discipline. A
copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the
police chief, equity director, and the city manager.
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, consistent 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 responsible 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.
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.
6. The board's report to the city council shall be completed within ninety (90) calendar days of receipt of the
chiefs or city manager's report. The city council may grant requests for extensions to this deadline upon
good cause shown.
7. Nothing in this chapter shall in any way impede or interfere with the police chiefs and the city manager's
lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability
to impose discipline as deemed appropriate by the police chief or city manager.
8. No findings or report submitted to the board or prepared by the board shall be used in any other
proceedings.
C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa City police
department.
2. Collect data and do an annual report 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 public with information on the
overall performance of the police department. The board's annual report may also include recommended
changes in police practices, policies or procedures. The annual report will also include data derived from
the exit survey tool developed for the complainant to provide staff and the public with perceptions of the
process. (Ord. 01-3976, 7-10-2001)
3. In addition to the annual report, the board shall report to the city council, from time to time, on police
practices, procedures and policies, including recommended changes, if appropriate, and hold at least one
community forum each year for the purpose of hearing citizens' views on the policies, practices and
procedures of the Iowa City police department. (Ord. 07-4296, 12-11-2007)
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. 01-3976, 7-10-2001)
A. Board Composition:
1. The board shall consist of five (5) members appointed by the city council, who shall be Iowa City eligible
electors and shall serve without compensation. The city council shall strive to appoint members who
represent the diversity of the community. Appointments to the board shall include one current or former
"peace officer" as that term is defined by state law, except that a peace officer employed as such by the
city of Iowa City within five (5) years of the appointment date shall not be appointed to the board. The city
council reserves the right to waive the residency requirement 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. (Ord. 03-4096, 9-9-2003)
2. Following final adoption and publication of the ordinance codified herein, the city council shall appoint
members to the board for staggered 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. 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.
B. 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 chiefs or city manager's report by a simple
majority vote of all members of the board. (Ord. 01-3976, 7-10-2001)
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 or are the subject of an enforceable subpoena.
(Ord. 07-4296, 12-11-2007)
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 litigation against the city.
5. If criminal charges are brought or are being considered against a 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 proceeding, as provided under the fifth amendment
to the U.S. constitution, unless such constitutional right is waived.
6. The board may obtain outside counsel and independent investigators in order to carry out the board's
duties.
7. The board may request that the city council hold general public informational hearings concerning police
department practices, procedures or written policies. (Ord. 01-3976, 7-10-2001)
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 protected 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
defamation, 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 either a board
member or by the board itself. (Ord. 97-3792, 7-15-1997)
8-8-10: COUNCIL REVIEW:Gh
(Rep. by Ord. 07-4291, 10-16-2007)
8-8-11: TIME COMPUTATION:
In computing 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 completion 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)
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041
RESOLUTION NO. 13-289
RESOLUTION APPROVING THE BY-LAWS OF THE CITIZENS POLICE REVIEW
BOARD, INCLUDING A NAME CHANGE FROM POLICE CITIZENS REVIEW BOARD
AND REPEALING RESOLUTIONS 97-394, 98-52, 98-303, 01-10, 01-251, AND 03-
189.
WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the
Police Citizens Review Board ("PCRB") to assure that investigations into claims of
police misconduct are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and
the City Council in evaluating the overall performance of the Police Department as a
whole, by having a review process for Police Department investigations into complaints;
and
WHEREAS, the PCRB has made recommendations including the renaming of the
Board and various other recommendations to improve the education and complaint
processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and
made additional recommendations and adopted Resolution 13-217 approving the staff
recommendations for implementation of various recommendations made by the Ad Hoc
Diversity Committee; and
WHEREAS, the City Council adopted Ordinance 13 - 4555 on September 17
adopting the recommendations, including renaming the Board to Citizens Police Review
Board (CPRB); and
WHEREAS, the Police Citizens Review Board reviewed and agreed to the by-law
changes; and
WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and
actions of the board; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, THAT:
That Resolutions 97-394, 98-52, 98-303, 01-10, 01-251, and 03-189 are hereby
repealed.
2. The by-laws of the Citizens Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this 17th day of September 12013
MAYOR
Atppr
ovo
y
ATTEST:
CITY CLERK (Gitworney'IsOffiJ
Resolution No. 13-289
Page I
It was moved by Mims and seconded by Dobyns the
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Th ogmorton
(Revised 09/13, Res. 13- )
IOWA CITY CITIZENS
ARTICLE I. AUTHORITY:
The Citizens Police Review Board formerly known as the Police Citizens Review Board
(hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of
the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated
herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of
Iowa City by establishing a Board to advise the Police Chief, City Manager and City Council on
matters pertaining to the policies, practices and overall performance of the Iowa City Police
Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police
Department's performance is in keeping with community standards, this Board is created to
review investigations into complaints of police misconduct to insure that such investigations are
conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and
to provide City Council with an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City
Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria
contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall
include one current or former "peace officer" as that term is defined by state law. The City Council
may waive the residency requirement for good cause shown and may waive the requirement that
the Board include one current or former "peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be reimbursed
for expenses incurred for travel outside the city on designated Board business. Such expenses
must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Board, the
written policies of the Iowa City Police Department, the Board by-laws, open records law, open
meetings law and other documentation that would be useful to Board members in carrying out
their duties. They shall also be given an orientation briefing by the appropriate City staff and the
Board as is deemed appropriate.
Section 4. Absences. Three consecutive absences of a Board member, without excuse of the
Chairperson, from regular or special meetings may result in a recommendation to the City Council
from the Board to discharge said member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness,
disqualification or removal shall be filled by the City Council after at least 30 days public notice of
the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on September 1. If a position becomes vacant by reason of resignation
or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only
through the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included
on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion
of non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS; EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public hearing
is held or a contrary determination is made by Counsel to the Board pursuant to the
provisions of the Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein com-
plained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE Vill. CONDUCT OF BOARD BUSINESS
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24
hours before the meeting and shall be sent to Board members and the media prior to meetings.
Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
September 11, 2013
s:C Ik\CPRB\Bylaws.doc
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 13-290
RESOLUTION TO ADOPT THE IOWA CITY CITIZENS POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND GUIDELINES INCLUDING A NAME
CHANGE FROM POLICE CITIZENS REVIEW BOARD AND REPEALING
RESOLUTION 08-77
WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the
Police Citizens Review Board ("PCRB") to assure that investigations into claims of
police misconduct are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and
the City Council in evaluating the overall performance of the Police Department as a
whole, by having a review process for Police Department investigations into complaints;
and
WHEREAS, the PCRB has made recommendations including the renaming of the
Board and various other recommendations to improve the education and complaint
processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and
made additional recommendations and adopted Resolution 13-217 approving the staff
recommendations for implementation of various recommendations made by the Ad Hoc
Diversity Committee; and
WHEREAS, the City Council adopted Ordinance 13 - 4555 on September 17
adopting the recommendations, including renaming the Board to Citizens Police Review
Board ("CPRB"); and
WHEREAS, the Police Citizens Review Board reviewed and agreed to the standard
operating procedure changes; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. That Resolution 08-77 is hereby repealed.
2. The Iowa City Citizens Police Review Board Standard Operating Procedures and
Guidelines are hereby adopted, as attached.
Passed and approved this 17th day of September 2013
AY
�7�, ��/ A prop
ATTEST: dl�iyu� 7 c�
CITY CLERK ity Atto n 's-bff' e 9'13
Resolution No. 13-290
Page 2
It was moved by Payne and seconded by
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
CITY _- IOWA CITY i.
CITIZENS POLICE REVIEW BOARD
i',w
GUIDELI\_
September 17, 2013
The Citizens Police Review Board formerly known as the
Police Citizens Review Board (hereafter referred to as
the Board) was established to assure that investigations
into claims of police misconduct are conducted in a
manner which is fair, thorough and accurate and to
assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the
Police Department by having it review the Police
Department's investigation into complaints. To achieve
these purposes, the Citizens Police Review Board shall
comply with Chapter 8 of the Iowa City Code, Board By -
Laws and Standard Operating Procedures and
Guidelines.
Complaint Process
II. RESERVED
III. Meetings
IV. Complaint Review Process
V. Identification of Officers
VI. Review of Policies, Procedures and Practices of the Iowa City
Police Department
VII. Annual Report
Vill. General
CPRB SOP 09/13 Page 2
Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the Board shall review
investigations into complaints about alleged police misconduct to insure that such
investigations are conducted in a manner which is fair, thorough and accurate. The
Board shall achieve this by receiving, reviewing and reporting on citizen complaints in
accordance with the procedural rules in Chapter 8 of the City Code, following the Board
By -Laws, and Standard Operating Procedures and Guidelines.
A. Complaints shall be filed in accordance with Chapter 8 of the City Code:
All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98-1).
3. Complaint copies will be sent to the Equity Director, Police Chief or City
Manager. The complaint copy sent to Board members shall have all
references to police officer names and other identifying information
deleted. A letter will be sent to the Complainant confirming receipt of the
complaint and identifying the Equity Director as another resource for
them to contact throughout the complaint process.
4. Board deadlines are contained in Chapter 8 of the City Code.
5. A copy of each complaint filed shall be provided to Board members in the
next meeting packet.
6. Amendments to a complaint must be in written form.
7. The complainant may withdraw the complaint at any time prior to the
Board's issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled
in the same manner as outlined in subsection "A" of the Complaint
Process.
2. The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter from the Board indicating that it appears to be
an untimely complaint or a complaint that does not involve the conduct of
an Iowa City sworn police officer and will be reviewed by the Board at its
next meeting.
CPRB SOP 09/13 Page 3
3. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the Board at a public meeting or an interview of
the complainant at a public meeting.
4. Upon the completion of such investigation and the Board's determination
that additional information is not necessary, the Board shall, by motion in
open session, vote to determine whether the complaint will be dismissed
under Section 8-8-3E of the Ordinance. The Board shall not discuss the
facts or substance of the complaint at said open meeting.
5. If the Board dismisses the complaint, staff shall:
a. Untimely Complaints:
Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the Board, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter stating why the complaint was dismissed.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
CPRB SOP 09/13 Page 4
4. If the Board determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so that the
investigation may continue and make the required report to
the Board.
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with the Board's By -Laws and the Board Standard
Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
City Hall.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and/or memoranda directed to the Board (not complaint -
related). Staff shall be given directions based on Board discussion as to
whether staff shall respond or whether Board members shall respond,
with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the Board By -Laws.
E. Time for "Board Information" and "Staff Information" shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
I. To the extent practicable, legal counsel for the Board shall attend all meetings of
the Board.
CPRB SOP 09/13 Page 5
Electronic Participation
1. Follow the requirements of Chapter 21, The Code of Iowa for "electronic
meetings".
2. It shall be the rule of the Board to secure electronic participation by
absent members whenever it is physically feasible where such
participation is necessary or desirable because of statutory voting
requirements or the importance of the subject matter to the public. This
rule shall not apply to electronic participation by a majority of the Board
members.
K. Quorum and Voting Requirements
Quorum. See By -Laws.
Voting. See By -Laws.
Voting to close a session. See Chapter 21, The Code of Iowa.
L. Iowa Open Records Law
1. The Board must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of the
Board pursuant to that Chapter.
2. The lawful custodian of the Board public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, the Clerk shall notify both the City
Attorney's Office and counsel to the Board of the request.
3. In accordance with Iowa Law, the Board shall maintain the confidentiality
of complaints, reports of investigations, statements and other documents
or records obtained in investigation of any complaint as outlined in the
Board's By -Laws.
4. In accordance with Iowa Law, the Board shall maintain the confidentiality
of information protected by the Iowa Open Records Law as outlined in
the Board's By -Laws.
M. Iowa Open Meetings Law.
In accordance with Iowa Law, the Board must follow all the requirements
of Chapter 21, Official Meetings Open to Public (Open Meetings).
In accordance with Iowa Law, confidentiality of information protected by
the Iowa Meetings Law as outlined in the Board's By -Laws.
CPRB SOP 09/13 Page 6
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By -Laws V-14.
2. Ex Parte Contacts. See By -Laws V 1-0.
IV. Complaint Review Process
The Board shall review all Police Chief's reports and City Manager's reports concerning
complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the Board
Standard Operating Procedures and Guidelines.
A. Review of Police Chief's report or City Manager's report as outlined in Chapter 8
of the City Code.
B. Select a level of review as outlined in Chapter 8 of the City Code. The Board
shall notify the Complainant and the Police Chief, or the City Manager if the
complaint is against the Police Chief, of the selected level of review. The Police
Chief shall notify the officer of the selected level of review.
C. Pursuant to Chapter 8 of the City Code, the Board may choose to subpoena
witnesses or documents.
1. A motion to issue a subpoena to compel the appearance of a witness or
for the production of documents may be made by any Board member
pursuant to the voting procedure outlined in the Board's By -Laws. Such
a motion if made in closed session will be ratified in open session.
2. The subpoena will be prepared by legal counsel for signature by the
Board Chair.
3. Funds for the payment of witness fees, mileage and service will be issued
by the City Clerk.
4. The subpoena may be issued to compel the appearance of a witness to
be interviewed by a committee, of no more than two Board members
assigned by the Chair, at a time and place determined by the committee.
D. The Board may request an extension of time to file the Board's public report as
outlined in Chapter 8 of the City Code.
E. The Board shall not issue a public report critical of a police officer until after a
name -clearing hearing has been held or waived by the police officer as outlined
in Chapter 8 of the City Code.
F. Name -clearing hearing procedure
1. If the Board determines that the comments or findings contained in its
proposed report will be critical of the conduct of a sworn police officer, it
CPRB SOP 09/13 Page 7
must offer the officer a name -clearing hearing prior to the issuance of the
Board's report to Council.
2. The Board shall select a proposed date for the name -clearing hearing
3. Written notice of the date, time and place of the name -clearing hearing
shall be given to the officer no less than ten working days prior to the
date set for hearing. The notice to the officer should be transmitted via
the Police Chief. The notice to the officer shall provide a written response
form for the officer to demand or waive the name -clearing hearing. Said
written response form shall also allow the police officer to state whether
he or she requests an open or closed session.
4. If the officer provides a written waiver of the name -clearing hearing prior
to the date set for hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the
hearing, the hearing shall be convened. If the officer does not appear, the
hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will
first determine whether the hearing shall be open or closed. If the officer
requests a closed session, the Board shall close the session pursuant to
motion specifically identifying an appropriate provision of Chapter 21 Iowa
Code as the basis for closure. If the officer does not request a closed
session the session shall be open except where closure is appropriate
pursuant to Section 21.
7. Before the hearing, the Board shall advise the officer of the Board's
proposed criticism(s). At the hearing, evidence supporting the criticism
shall be presented. The officer shall be given the opportunity to be heard
and to present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name -clearing hearing or waiver of a name -clearing
hearing by the officer, the Board changes its level of review, it shall issue
a new written notice pursuant to subparagraph B, hereof. If, following
said change, the proposed report is critical of the sworn officer's conduct,
the Board shall offer another name -clearing hearing to the officer
pursuant to the name -clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to
participate in, a name -clearing hearing.
G. Report Writing — See Chapter 8 of the City Code
The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
CPRB SOP 09/13 Page 8
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the Board
before being submitted to the City Council.
H. Final Board Public Reports shall be distributed according to Chapter 8 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of
the meeting which approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet.
Once the Public Report is sent to designated parties, the complaint file is closed.
J. An exit survey tool will be mailed to the complaint and responses returned will be
contained in the Board's annual report.
V. Identification of Officers
A. The reports of the Police Chief and the City Manager to the Board will identify the
officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, the Board
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
the Board. The Board reserves the right, however, to identify the officer in a
sustained complaint pursuant to Chapter 8 of the City Code and may obtain the
officer's name from the City Clerk for this purpose.
B. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by the Board as evidence of misconduct.
VI. Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in Chapter 8 of the City Code, the Board's By -Laws, and Standard Operating
Procedures and Guidelines, the Board shall, from time to time, report to the City Council
on policies, procedures and practices of the Iowa City Police Department, including
recommended changes, if appropriate.
A. Policy -review discussions shall be held at regular meetings, when possible.
B. Pursuant to Chapter 8 of the City Code, on at least one occasion each year the
Board shall hold a community forum for the purpose of hearing citizens' views on
the policies, practices and procedures of the Iowa City Police Department. The
format, location, date and time, of the forum will be determined by the Board.
The procedures and requirements set forth in the Board's By -Laws, will be
satisfied.
CPRB SOP 09/13 Page 9
C. When citizens have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any citizen or Board member may raise an issue at a Board meeting.
D. The Board encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VII. Annual Report
The Board shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department.
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The Board's annual report may also include recommendations to amend Chapter
8 of the City Code.
Will. General
A. The lawful custodian of the Board records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the Board.
C. When legal counsel and/or staff are contacted on Board business, they shall
report that information to the Chair and to each other.
D. Contacts between a Board member and the Police Chief and/or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the Board to the Police Chief or City Manager
shall be in writing.
F. The City Clerk's office shall provide the Board a monthly "Office Contacts
Report," stating the number of telephone calls and in -office contacts which come
directly to the City Clerk's office, the general substance of such contacts, and
their disposition.
G. Voice Mail telephone messages to the Board office from citizens shall not be
retained nor will messages be transcribed unless there are extenuating
circumstances on a case -by -case basis determined by legal counsel for the
Board and the City Attorney's Office.
H. The Board shall utilize its own letterhead stationery.
CPRB SOP 09113 Page 10
Updated 09101113
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
Donald King
2374 Kristian St
Iowa City, IA 52240
(C)319-594-7660
Joseph Treloar, Chair
2501 Holiday Rd
Coralville, IA 52241
(0)625-2153
Royceann Porter
136 Appanoose Ct
Iowa City, IA 52240
(C)319-321-2779
Melissa Jensen, Vice Chair
830 Elliott Ct
Iowa City, IA 52246
(H)354-5043
(0)398-5491
Mazahir Salih
2507 Whispering Prairie Ave
Iowa City, IA 52240
(H)571-282-5188
Catherine Pugh, Legal Counsel
4743 Dryden Ct
Iowa City, IA 52245-9250
(H)339-4617
Term: September 1, 2011 — September 1, 2015
Term: September 1, 2013 — September 1, 2017
Term: September 1, 2012 — September 1, 2016
Term: September 1, 2012 — September 1, 2016
Term: September 1, 2013 — September 1, 2017
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Information Sheet for
Filing a Complaint About an Iowa City Police Officer
There are three kinds of complaint forms a person may file against an Iowa City Police Officer.
A person may choose one or all three. Please note that each type of complaint has a different
statute of limitations. The form you choose determines how your complaint will be handled.
Iowa City Police Department Complaint Form - No Statute of Limitations
If you use the Police Department form, Iowa City Police Department Policy will determine the
level of investigation into your complaint.
You can choose to limit your involvement to a discussion between you and the officer's
supervisor, or you can choose to participate in an internal investigation which means that you,
the officer, and witnesses will be interviewed by Police Depaillnent investigators and a written
report on the department's findings and conclusions w 1 .b ..: .:,.
Generally, investigations and any officer disciplinflt may result from them are considered
nonpublic, confidential records. By law, the Police Cltref decid s if and how an officer will be
disciplined. •,�::; /.
-::
When you use the Police Department complaint form, the Citizens Police Review Board will not
review your complaint, unless you also file a CPRB complaint form. It usually takes from one
week to three months to receive a final response from the department.
Citizens Police Review Board (CPRB) Complaint Form - Within 90 days of the alleged
misconduct.
If you use the CPRB form, the Police Department will conduct an internal investigation. A
Supervisor or Investigator froin the Police Department will contact you as part of the
investigation process. As soon as you Tile yourforn:i, the CPRB will also receive a copy of it, so
they know your complaint is being investigated:All complaints to the Board must be filed with
the City Clerk within ninety (90) days of the alleged misconduct. When the internal
investigation is completed, the Police Chief will prepare a written report and send copies to the
CPRB, to :you, and to the officers involved.
The CPRB their reviews the Ofiief's Report and may conduct its own investigation. The CPRB
decides whether the. Chief s:Conclusions are reasonable and issues a public report to the City
Council. You will 66ibtified of the outcome of the CPRB's review. The CPRB has no
authority to discipline b'olice officers.
The CPRB handles its work with complaints confidentially and generally does not include
information identifying you or the officer in its reports. However, if a complaint is upheld, the
CPRB does have the right to include the names of complainants and officers in its reports.
When you use the CPRB complaint form, it usually takes ninety (90) days for the Board to
receive the Chief s Report on the internal investigation and an additional one to two months for
the Board to complete its work.
If you have questions about filing a complaint, contact the Police Department
(356-5275) or the Citizens Police Review Board (356-5041)
Information Sheet 10/13
2
For more information about the CPRB, consult the city ordinance that established it (Iowa City
Code Chapter 8-8). The City Code is available on-line at www.icgov.org or for review in the
City Clerk's office at the City Hall, 410 E. Washington Street (356-5043).
Iowa City Human Rights Commission Complaint Form — Within 300 days after the alleged
discriminatory or unfair practice occurred.
A person claiming to be aggrieved by an unfair or discriminatory practice may file a complaint
with the Iowa City Human Rights Commission. Following the filing of complaint, the Human
Rights staff conducts a thorough and impartial investigation of the allegations in the complaint.
After reviewing materials responsive to the questionnaire/document request, the human rights
office shall determine whether the complaint warrants further investigation. If the human rights
office finds there is a reasonable possibility of a probable cause determination or the legal issues
present in the complaint need further development, the human rights office shall promptly
resume the investigation of the complaint. A complaint determined by the human rights office
not to warrant further processing by the human rights office shall be administratively closed.
Notice of any such closure shall be promptly served upon the complainant and the respondent by
certified mail. Service is effective upon mailing. Such notice shall state the reasons for
administrative closure.
If you have any questions about filing a complaint of discrimination, contact the Human Rights
Office at (356-5022). For more information about the Human Rights Commission consult the
city ordinance that established it (Iowa City Code Chapter 2). The City Code is available on-line
at www.icgov.org or for review in the Human Rights Office at City Hall, 410 E. Washington
Street.
FOR STAFF USE:
Complaint No.
Received by
Name
CONFIDENTIAL
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 E. Washington Street
Iowa City, IA 52240-1826
(319)356-5041
Address/other contact information
Date the incident took place
(All complaints to the`I13oard must be filed with. the City Clerk within ninety (90) days of the
alleged misconduct.)
Any person with, personal knowledge of thea)leged police misconduct may file a CPRB
complaint.with the board. In order to have "personal knowledge", the complainant must
have been directly involved in incident or witnessed the incident. If the person with
personal. knowledge is underage or otherwise unable to complete a CPRB complaint
form, the CPRB complaint maybe filed by such person's designated representative.
Those who may file a complaint shall include an adult, a minor with an adult's
assistance, an adult filing on behalf of a minor, or a vulnerable adult with assistance from
a family member, friend, clergy, or a guardian or other similar court appointed
representative.
A support person (as defined above) may accompany the complainant through the
complaint review process.
Describe the incident you are complaining about. Give as many details as possible.
For example: Where did it happen? Who else was there? Describe the specific police actions
you are complaining about. Give officers' names, badge numbers, descriptions.
CONFIDENTIAL
law enforcement authority, knowing that the information is false, or who reports the alleged
occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor,
unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in
which case the personcommits a serious misdemeanor.
Please ensure that the complaint you are filing with the Iowa City Citizens Police Review Board
is truthful. In its review of this complaint, the Iowa City Citizens Police Review Board will
forward the information contained in this complaint to representatives of the Iowa City Police
Department. Therefore, the above captioned State Code of Iowa applies to a complaint filed
with the Iowa City Citizens Police Review Board.
I hereby certify to the best of my knowledge, the statements I have made on this form are true.
Signature
Date
perbkcomplain.cik 07/13
CONFIDENTIAL
COMPLAINT STATISTICAL INFORMATION
We will use the following information, which concerns classes of people protected under Iowa
City's Human Rights Ordinance, only to prepare our CPRB annual report. We will not use your
name or other identifying information in this report.
You do not have to provide this information to file your complaint.
Please indicate your:
Age
Color
National Origin
Gender identity
Sex
Sexual Orientation
Marital Status
Mental Disability
Physical Disability
Religion
Complaint No.
r
^rh.®�r nCnnITY OF I /O��W�iA CITnnY
E M 0 RUr'q"k U
Date: September 30, 2013
To: Citizens Police Review Board
From: Marian K. Karr, City Clerk
Re: Video
Council adopted a new ordinance, and approved revised by-laws and standard operating
procedures at their September 17 meeting. You will be discussing changes to the brochure and
supportive materials at your October 7 meeting.
One remaining piece will be the preparation of the video aimed towards educating the public on
the Board and the opportunities residents have to interact with the Board. Staff in conjunction
with city cable division will produce the video. Preliminary thoughts for the video include:
2-3 minutes in duration
Simple, clean graphics
Explanation of the complaint process, including new aspects
Possible interviews with former or present Board Members
Possible interviews with Equity Director
We will keep you informed as the project progresses