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Home My WebLink About03-11-2014 Citizens Police Review BoardMEMORANDUM CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City DATE: March 6, 2014 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on March 11, 2014 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 03/11/14 • Minutes of the meeting on 02/11/2014 • Office Contacts — February 2014 • Complaint Deadlines • DRAFT materials for Community Forum Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org AGENDA CITIZENS POLICE REVIEW BOARD March 11, 2014 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 02/11/14 ITEM NO. 3 OLD BUSINESS • Community Forum ITEM NO. 4 NEW BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • April 8, 2014, 5:30 PM, Helling Conference Rm • May 13, 2014, 5:30 PM, Helling Conference Rm • May 13, 2014, 6:00 PM, IC Public Library, Room A - Annual Community Forum • June 10, 2014, 5:30 PM, Helling Conference Rm • July 8, 2014, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT CITIZENS POLICE REVIEW BOARD MINUTES — February 11, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Donald King, Royceann Porter (5:33PM) and Mazahir Salih MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Jim Steffen of the ICPD; Marian Karr, City Clerk RECOMMENDATIONS TO COUNCIL 1) Accept PCRB Report on Complaint #13-04 CONSENT CALENDAR Motion by King, seconded by Jensen, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/28/14 • ICPD Memorandum #14-01 — 4th Quarter 2013 Use of Force Review • ICPD Use of Force — October 2013 • ICPD Use of Force — November 2013 • ICPD Use of Force — December 2013 Motion carried, 4/0, Porter absent. OLD BUSINESS Video - The City Cable Division will begin production of the education video concerning the Citizens Police Review Board shortly. Karr referred to the memorandum that was included in the meeting packet, which gave some preliminary information and sample questions for Board member interviews to include in the video. It was agreed that the City Clerk would give Cable the member contact information and they could work with each other to schedule times for the interviews. Legal Counsel resignation update — Karr stated that at the January 28th meeting the Board agreed to create an Option 5, directing the City Clerk and the Equity Director, along with either the Chair or Vice Chair (pending availability) to interview, complete evaluation tool, and make a recommendation to the Board. Vice Chair Jensen participated in the interviews and reported that it was a unanimous decision to recommend Pat Ford for the Legal Counsel position to the Board and authorize the City Clerk to enter into the contract for the City. It was moved by King, and seconded by Salih to accept the recommendation of Pat Ford as Legal Counsel and authorize the City Clerk to enter into the contract for the City. Motion carried, 510. CPRB February 11, 2014 Page 2 NEW BUSINESS Community Forum — Tuttle stated that the Board needed to be thinking about when and where they would like to hold the community forum. After discussion, the Board agreed to hold the forum at 6pm at the Library again and directed staff to look for available dates in late April or early May. It was also decided that some type of intro/ice breaker from the Board should be done and then they would open it up to the public for questions. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None, EXECUTIVE SESSION Motion by Jensen, seconded by King to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:49 P.M. REGULAR SESSION Returned to open session at 6:43 P.M. Motion by Jensen, seconded by Treloar to to forward the Public Report as amended for PCRB Complaint #13-04 to City Council. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 11, 2014, 5:30 PM, Helling Conference Rm • April 8, 2014, 5:30 PM, Helling Conference Rm • May 13, 2014, 5:30 PM, Helling Conference Rm • June 10, 2014, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Jensen, seconded by Salih. Motion carried, 5/0. Meeting adjourned at 6:46 P.M. •® W o 9 o cC rt _ m rt H q 411 x x k x k N W 00 x x k x k N k O x x k x! x x x k o x x o x N 0 x O x o x x x x x k CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 February 11, 2014 N b To: City Council m Complainant City Managerr Sam Hargadine, Chief of Police Officer(s) involved in complaint. From: Citizen Police Review Board Re: Investigation of CPRB Complaint #13-04 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #13-04 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-76 (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise", Section 8-8-7 B (2), While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are 'unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on October 8, 2013. As required by Section 8- 8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on January 6, 2014. The Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B) (1) (d), Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation. The Board met to consider the Report on January 28, 2014 and February 11, 2014. FINDINGS OF FACT On September 9, 2013 at approximately 6:33 a.m., Officer A notified the Joint Emergency Communications Center (JECC) he would be conducting a follow up investigation. The investigation was related to a burglary case, with the suspect in the stolen property case being the Complainant's son. The Complainant's son was placed under arrest for possession of stolen property and taken into custody. During the arrest, the Complainant's son was taken to the ground by officers in an attempt to gain control and handcuff him. ALLEGATION — Officer used excessive force when arresting complainant's son. Officer A was following up with a current investigation and stopped to question the Complainant's son in regards to this investigation. Officer A had a right to engage the Complainant's son with questioning about the stolen property. After a brief interview, Officer A advised him to turn around, place his hands, behind his back, and that he was under arrest. The Complainant's son did not follow the officer's directives, at which time, he was taken to the ground in an attempt to gain control. Officers A, B, and C reported that he continued to resist arrest, Officer B used pepper spray to gain control of the Complainant's son. Reports state the Complainant's son was asked if he needed medical attention which he denied. The Complainant's son was transported to University of Iowa Hospitals & Clinics (UIHC), where he again denied any injuries and declined medical treatment. The Complainant's son signed a release and was transported back to jail. The above information is consistent with reports and supported by the in -car audio recording. There were no violations of department policy and the Complainant's son's constitutional rights were not violated Allegation: Officer used excessive force when arresting complainant's son - Not sustained ►line c7 CD M Er M a rn POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2014 Date Description 2-6-13 Individual picked up complaint form. March 11, 2014 Mtg Packet CPRB Complaint #13-05 Filed: 10/22/13 Chief's Report due (90days): 01/21/14 Chief's Report filed: 01/21/14 CPRB Mtg #1 (Review & Assign) 01/28/14 CPRB Mtg #2 (Review & Assign) 02/11/14 CPRB Mtg #3 (Review) 03/11/14 CPRB Report due (90days): 04/21/14 CPRB Complaint #13-06 Filed: 11/27/13 Chief's Report due (90days): 02/25/14 Chief's Report filed: 02/24/14 CPRB Mtg #1 (Review & Assign) 03/11/14 CPRB Mtg #2 (Review) ??/??/14 CPRB Report due (90days): 05/27/14 CPRB Complaint #13-07 Filed: 12/03/13 Chief's Report due (90days): 03/03/14 Chief's Report filed: 02/28/14 CPRB Mtg #1 (Review & Assign) 03/11/14 CPRB Mtg #2 (Review) ??/??/14 CPRB Report due (90days): 05/29/14 CPRB Complaint #14-01 Filed: 01 /31 /14 Chief's Report due (90days): 05/01/14 Chief's Report filed: ??/??/14 CPRB Mtg #1 (Review & Assign) ??/??/14 CPRB Mtg #2 (Review) ??/??/14 CPRB Report due (90days): ??/??/14 TENTATIVE MEETING SCHEDULE March 11, 2014 April 8, 2014 May 13, 2014 June 10, 2014 ITE ITE ITE ITE ITE MAN • • 1,1 ESPONDENCE AND/OR 'IZENS REVIEW BOARD General News Release: The Citizens Police Review Board will be holding its Annual Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department, WHEN: Tuesday, May 13, 2013, TIME: 6:00 PM at WHERE: Iowa City Public Library, Rm 123 South Linn Street, IC Questions & Comments: Send your questions or comments you'd like addressed Wthe forum to the following by Monday, April 28th: Please include full name and address. (All correspondence is public) CPRB Or e-mail to CPRB staff: City of Iowa City kellie-tuttle@iowa-city.org 410 E Washington St Iowa City, IA 52240 The Board will attempt to address all correspondence received. 'I'hc forum wilt be taped and rebroadeast on the Interactive City Channel 4. The agenda is available at: http://www,.icgov.orsJdefau]t/apps/boards/boardList.asp We invite YOU to attend a forum. The City of Iowa City CITIZENS POLICE REVIEW BOARD COMMUNITY FORUM WHEN: Tuesday, May 1,3, 2014 TIME: 6:00 PM WHERE: Iowa City Public Library, Rm A 123 South Linn Street, IC TOPIC: The Citizens Police Review Board will be holding a Community Forum for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. (Find ICPD General Orders at www.icgov.org under Police Dept) QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 28th: Please include full name and address. (All correspondence is public) ... City of Iowa City 410 E Washington St Iowa City, IA 52240 Or e-mail to CPRB staff: kellie-tuttle@iowa-city.org The Board will attempt to address all correspondence received. The forum will be taped for rebroadcast. Iowa Cit To view the Code - Chapter 8 - Citizens Police Review Board go to: www. icgoy. orq Go to Government Select City Code, Title 8, Chapter 8 Citizens Police Review Board — Website Information Available General information about the Board and the current members is on the main webpage. To access board packets, the complaint form, forum summaries, public complaint reports, and annual reports click "more information available" on the main webpage. To view information on-line go to: www.icgov.org Go to Government Select Boards & Commissions, Citizens Police Review Board Iowa City Police Department - General Orders Wide ranges of written directives guide members of the Iowa City Police Department. These directives range fi Federal, State, and Local laws or Codes to Memorandums, which identify the manner in which the department does its business. Included in these directives are the General Orders of the Iowa City Police Department. General Orders provide guidance to officers in how to handle a variety of different situations. While they may provide specific recommendations, they are not necessarily intended as a step by step guide, but as a more general "how to conduct business" reference, for members of the department. These orders are divided into multiple general headings ranging from Personnel to Operations, with multiple broadly related orders contained in each section. While many orders may be applicable to different sections, they are located in the section to which they are most closely related. To view all ICPD General Orders on-line go to: www.icgov.org Go to the Police Department web page Select General Orders from the list on the left side of the page