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HomeMy WebLinkAbout06-10-14 Citizens Police Review BoardKellie Tuttle From: City of Iowa City <webmaster@iowa-city.org> Sent: Thursday, June 05, 2014 10:23 AM To: Kellie Tuttle Subject: Notice of Meeting Cancellation - Citizens Police Review Board Notice of Meeting Cancellation - Citizens Police Review Board Posted by: City Staff Contact: Kellie Tuttle Mailing List: Agendas - Boards, Commissions & Committees Contact Phone: (319) 356-5043 Originally Posted 6/5/2014 10:22:32 AM The meeting of the Citizens Police Review Board that had been scheduled for 5:30 PM, Tuesday, June 10, 2014 at Helling Conference Room, City Hall has been cancelled due to a lack of quorum. Do not reply directly to this e-mail] It is produced from an automated system and is not monitored for replies. If you have a question or comment about this information, please contact the originating department of this message, or by using our feedback form. For technical questions regarding the website, please contact our web team. • Unsubscribe or edit your subscription details. • Visit our lobs page for employment opportunities. • View more news from the City of Iowa Citv. MEMORANDUM CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City DATE: June 5, 2014 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on June 10, 2014 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 06/10/14 • Minutes of the meeting on 05/05/14 • Minutes of the meeting on 05/13/14 • Minutes of the meeting on 05/19/14 • Office Contacts — May 2014 • Complaint Deadlines • Forum Transcriptions 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 June 10, 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 05/05/14 • Minutes of the meeting on 05/13/14 • Minutes of the meeting on 05/19/14 ITEM NO. 3 OLD BUSINESS • Community Forum • Video ITEM NO. 4 NEW BUSINESS • Video Review Process 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 • July 8, 2014, 5:30 PM, Helling Conference Rm • August 12, 2014, 5:30 PM, Helling Conference Rm • September 9, 2014, 5:30 PM, Helling Conference Rm • October 14, 2014, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT -- CITIZENS POLICE REVIEW BOARD MINUTES — May 5, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:38 P.M. MEMBERS PRESENT: Melissa Jensen, Mazahir Salih MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Captain Doug Hart of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #13-06 CONSENT CALENDAR Motion by Jensen, seconded by Salih, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/21/14 • ICPD Memorandum #14-05 (1ST Quarter 2014 Use of Force Review) • ICPD Use of Force Report — January 2014 • ICPD Use of Force Report — February 2014 • ICPD Use of Force Report — March 2014 • ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 1st Quarter 2014) • Email from Joseph Jason — Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors • Email from Scott Dean — Civilian Oversight Meet -Up • Center for Worker Justice — Know Your Rights Workshops 2014 Motion carried, 3/0, Porter absent. OLD BUSINESS Community Forum — The forum is set for Tuesday, May 13th. Treloar and Jensen will present an introduction piece at the forum. Tuttle handed out the response from the Police Department for an email received for the forum. The email and the response will both be read and accepted at the forum. Video — All but one of the Board members have participated and finished their interview for the video. Cable will begin putting together the segments. NEW BUSINESS Ford had a memo in the meeting packet regarding suggestions for public reports. The Board agreed with his suggestions and will work those into their public complaint reports. CPRB May 5, 2014 Page 2 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Salih, seconded by Jensen to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 3/0, Porter absent. Open session adjourned at 5:52 P.M. REGULAR SESSION Returned to open session at 6:38 P.M. Motion by Jensen, seconded by Salih to forward the Public Report as amended for CPRB Complaint #13-06 to City Council. Motion carried, 3/0, Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 • August 12, 2014, 5:30 PM, Helling Conference Rm The Board agreed to have another May meeting, executive session only. Staff will look into meeting rooms and dates and send out an email to check Board availability. ADJOURNMENT Motion for adjournment by Jensen, seconded by Salih. Motion carried, 3/0, Porter absent. Meeting adjourned at 6:40 P.M. O p 0 0 "Y y O O ft [=i � 9 7Q X k k x x h7 a x X X X x N w X k k X X N x X X X x a N X ! o x k k k ! X X X x a o X X o x N 0 x O x O x x X x x x a w X � k x x o x x x N X o x ! x CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 May 6, 2014 To: City Council Complainant c �•-, F� City Manager :gin r Sam Hargadine, Chief of Police Officer(s) involved in complaint rxa �,a From: Citizen Police Review Board Re: Investigation of CPRB Complaint #13-06 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #13-06 (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 November 27, 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 February 24, 2014, The Board voted on March 11, 2014 to apply the following Level of Review to the Chiefs Report: 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 requested the Police Chief provide a copy of all audio and/or video recording of the incident. The Board met to consider the Report on April 21, 2014 and May 5, 2014. FINDINGS OF FACT On August 30, 2014 at 9:15 pm, officers began a bar check of the Union Bar, While conducting the bar check, Officer A observed two female subjects with cups of beer, confirmed they were under age, and escorted them from the bar to be issued citations for Possession of Alcohol While Under the Legal Age (PAULA). While the citations were being written by officers, the Complainant came and stood next to one of the females, who was his sister. Officer B asked the Complainant to move away, saying he would speak with him when finished. The Complainant did so, but then returned and was again asked to leave, which he did. Officer B escorted the female further away from the Complainant so he could complete the citation. The Complainant returned for a third time, standing behind and to the left of Officer B, between his sister and the officer. The Complainant was within arm's reach of Officer B. The left side is the closest to where Officer B carries his Taser. Officer B advised the Complainant to move for a fourth time. The Complainant did not do so. Officer B pushed the Complainant once with open hands to move him away from his person. This was confirmed by Officer A and witnesses. The Complainant was yelling, and was arrested for Interference with Official Acts, taken into custody, and handcuffed. ALLEGATION 1 — False arrest. The Complainant filed a motion to dismiss the charge against him; this was ruled on by a District Associate Judge. The motion to dismiss the charge was denied with the following "the Court finds all of the elements of the crime are sufficiently alleged. The above ruling from the court is also consistent with the investigative reports. Baseglf on this information, the arrest is considered lawful.; Allegation: False arrest - Not sustained =i ALLEGATION 2 — Assault. y-,t The Complainant alleges Officer B assaulted him by pushing him twice, moving=him back a distance of an estimated 20 ft. Officer B's statement, contained in the investigative reWrt, says he pushed the Complainant once by placing his open hands on the Complainant's chest and straightened his arms, which created a gap between them. Officer A's statement says he observed Officer B push the Complainant once, and described it as more of an arm extension. Witness A (who is also a brother), stated he observed the complaintent being pushed back an estimated 6 feet. Other witnesses did not observe the complaintent being pushed. Officer's A & B, the Complainant, and witness statements all place the Complainant within five ft. or less of Officer B. The Complainant's version of the events is not consistent with the witness statements. There was no violation of law, General Orders of the Iowa City Police Department, or established practices in Officer B's push of the complaintent in an attempt to create space between them. The Officer's contact with the Complainant was a justified, lawful and proper use of reasonable force to defend the officers pursuant to law. Allegation: Assault - Not sustained ALLEGATION 3 — Excessive Use of Force The Complainant alleges Officer B violated the Iowa City Police Department General Order 99- 5, Use of Force policy, saying he did not pose any threat to the officer. Both the officer statements and the witness statements contradict this, and place the Complainant within five feet or less of Officer B. Statements also describe the Complainant as yelling and leaning forward in assertive manner. There is nothing to indicate that Officer B's contact with the Complainant, prior to his arrest, significantly impacted the Complainant's actions. There was no violation of law, General Orders of the Iowa City Police Department, or established practices in Officer B's push of the Complainant in an attempt to create space between them. The Officer's contact with the Complainant was a justified, lawful and proper use ¢f reaonablel{j force to defend the officers pursuant to law. Gti Allegation: Excessive Use of Force -Not sustained A Co ALLEGATION 4 — Failure to Complete a Use of Force Report - <� The Complainant stated Officer B should have completed a Use of Force Report. Iowa City Police Department General Order 99-05 states that a Use of Force Report shall be submitted with any use of force. Per the General Order, when the only use of force is the application of handcuffs, no use of force report is necessary. The physical contact initiated by Officer B against the Complainant was not found to be a use of force as defined by the Iowa City Police Department Use of Force Policy. Allegation: Failure to Complete a Use of Force Report - Not sustained ALLEGATION 5 — Failure to Use a Body or Car Camera The Complainant alleges Officer B should have used a Body or Car Camera. Per the Chief's report, Officer B did not use a body camera on August 30, 2014. The report indicates, based on the number of body cameras the Department has and the level of department activity, it appears that a body camera was not available for use. This is supported by a check of body camera recordings for this date which show no recordings from either Officer A or Officer B. Officer B did not violate Department policy as a body camera was not available for use. Allegation: Failure to Use a Body or Car Camera - Not sustained ALLEGATION 6 — Withholding Evidence The Complainant states he believes the Officers may have tampered with, or withheld, evidence. The Complainant filed subpoenas with the Johnson County Attorney's Office, the Iowa City Police Department, and the Downtown Business Association, in addition to a motion for discovery and inspection of evidence. The Complainant, in a motion to dismiss, states he has received all of the evidence the Officers determined was available. The Complainant notes the motion specifically requested audio and video recordings, and none was available other than the car camera footage while the Complainant was being transported to jail. Based on the subpoenas and motion for discovery, the Complainant was provided available evidence. Allegation: Withholding Evidence - Not sustained COMMENTS None. rn - ct c CITIZENS POLICE REVIEW BOARD COMMUNITY FORUM May 13, 2013, 6:00 P.M. IOWA CITY PUBLIC LIBRARY 123 South Linn Street, IC CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 6:00 P.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter, Mazahir Salih MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Patrick Ford and Staff Kellie Tuttle (Transcriptions are available) INTRODUCTION OF THE BOARD. CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS Motion by Jensen and seconded by Salih. Motion carried, 4/0. PUBLIC DISCUSSION The following individuals appeared before the CPRB: Rod Sullivan 2326 E Court St, IC Fatimah Omar 423 Waterway Dr, IC Adam Sullivan 311 S Lucas St, IC Doyle Landry Iowa City Terrell Fulwily Iowa City ADJOURNMENT Motion by Salih and seconded by Jensen to adjourn. Motion carried, 4/0. Meeting adjourned at 6:37 P.M. (Forum Summary will be submitted to Council) I POLICE CITIZENS REVIEW BOARD MINUTES — May 19, 2014 CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter, and Mazahir Salih MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Patrick Ford and Staff Kellie Tuttle present RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Report on Complaint #13-07 EXECUTIVE SESSION Motion by Jensen and seconded by Salih 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, 4/0. Open session adjourned at 5:31 P.M. REGULAR SESSION Returned to open session at 6:09 P.M. Motion by Jensen, seconded by Salih to forward the Public Report as amended for CPRB Complaint #13-07 to City Council. Motion carried, 4/0. ADJOURNMENT Motion for adjournment by Salih and seconded by Porter. Motion carried, 4/0. Meeting adjourned at 6:10 P.M. x e ❑ � "" ac CN x x X x x N W k k x X x N b x x X x o a x X k X x N x o X x k s a o k x o k O x ® x o x F+ s+ k j O k k X N k O k j k k j X k j 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 May 19, 2014 To: City Council Complainant City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Citizen Police Review Board Re: Investigation of CPRB Complaint #13-07 .�J 5 T a �n1 This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of Complaint CPRB #13-07 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chief's report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): 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 request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chief's report, the Board must apply a "reasonable basis' standard of review. This means that the Board must give deference to the Police Chief's report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chief's findings only if: a. The findings are not supported by substantial evidence; or 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. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. The Complaint was initiated by the Complainant on December 3, 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 February 28, 2014. The Board voted on March 11, 2014, to apply the following Level of Review to the Chiefs Report: Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(d), and requested that the Chief provide a copy of all audio and video recordings of the incident. The Board met to consider the Report on March 11, 2014, April 21, 2014, May 5, 2014 and May 19, 2014. On April 21, 2014 and May 5, 2014, the Board reviewed audio/video recordings of the incident. FINDINGS OF FACT Police were summoned to a call of a disturbance. Police stopped a vehicle leaving the scene of the disturbance. Police were able to determine that the occupants of the vehicle were also involved in the disturbance. While talking to the occupants of the vehicle the officer directed the driver to park the vehicle. It became apparent the officer thought they were not going to comply with his directives. In order to gain control of the situation, the officer reached into the car and grabbed the drivers arm. The Complainant was upset that the officer grabbed the driver and she grabbed the officer. The Complainant exited the vehicle and started hitting the officer despite his direction to stay in the car. The Complainant was taken to the ground to be secured and arrested. Pepper spray was deployed on the Complainant's daughter who was the approaching the officer. On 04/21/14 and 05/05/14 the Board met and reviewed the video and audio recordings of the incident. The Complainant claimed that the officer grabbed her arm and tried to pull her out of her car. She said the officer knocked her to the ground and handcuffed her and maced her daughter. The recordings do indicate that the Complainant was taken to the ground and handcuffed after engaging in a struggle with the officer. The recordings indicate that the officer did use his pepper spray on one of the Complainant's daughters. This was done after the officer told the daughters repeatedly to stay back and get back in the car. After reviewing the video and audio recordings the board found that the allegations of: a 1. Excessive Use of force r- 2. Improper Conduct tee. ry were not sustained. r COMMENTS None. - c� POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2014 Date Description 5-30-14 Individual called and requested a complaint form for incident over year old. Had spoken with Police and Human Rights and was not satisfied. Insisted extending circumstances. Mailed information and stated 90 day deadline. June 10, 2014 Mtg Packet 401 CPRB Complaint #14-01 Filed: 01/31/14 Chief's Report due (90days): 05/01/14 Chief's Report filed: 03/27/14 CPRB Mtg #1 (Review) 04/21/14 CPRB Mtg #2 (Review & Assign) 05/19/14 CPRB Mtg #3 (Review) 06/10/14 CPRB Report due (90days): 06/27/14 CPRB Complaint #14-02 Filed: 05/22/14 Chief's Report due (90days): 08/20/14 Chief's Report filed: ??/??/14 CPRB Mtg #1 (Review) ??/??/14 CPRB Report due (90days): ??/??/14 TENTATIVE MEETING SCHEDULE July 8, 2014 August 12, 2014 September 9, 2014 October 14, 2014 May 13, 2014 Iowa City Citizens Police Review Board Annual Convnunity Forum Page 1 Members Present: Melissa Jensen (Vice -Chair), Royceann Porter, Joseph Treloar (Chair), Mazahir Salih Staff Present: Patrick Ford Introduction: Treloar/ Well, let's go ahead and call this meeting of the Citizens Police Review Board and annual forum to order. Roll call vote. Jensen. Jensen/ Here! Treloar/ Mazahir. Salih/ Yes. (mumbled) Treloar/ Porter. Porter/ Here. Treloar/ Treloar, here. Um, hi, I'm Joe Treloar, I'm the Chair of the Citizens Police Review Board. I'm the one making all kinds of feedback noise. Um, with me I have Melissa Jensen, Royceann Porter, and our legal counsel. Ford/ I'm Pat Ford. Treloar/ Um...just very briefly, the Citizens Police Review Board was established to, um, review complaints on the citi... on the Iowa City Police Department, and review policies and procedures (noises on mic) (mumbled)... getting feedback. Um ... okay. Correspondence: Treloar/ At this point I'll consider a motion to accept correspondence and/or documents. Jensen/ Do you, uh, want to read `em first? Do we need to do that first or we're good to go? Treloar/ I think we're good to go. Jensen/ Okay. All right. So moved. Salih/ Second. Treloar/ Moved and seconded. All in favor say aye. Opposed same sign. Okay! We did receive (noises in mic, change in recording sound) an einail question. (several talking) Might This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 2 be! (several talking, change in recording sound) Urn ... this is from Adam B. Sullivan. (reads correspondence) And we submitted this to the Police Department and they responded with what kind of equipment they have and Melissa Jensen, Co -Chair, will read their response. Jensen/ Okay. Um, as Joe mentioned this is, uh, response from the Iowa City Police Department to answer the question. (reads correspondence) Treloar/ Like to thank Adam Sullivan for his question and... Jensen/ He's here. Treloar/ Hope that answers ... (several talking) Did you want to... Jensen/ We did receive another correspondence, just prior to the meeting. So I'm going to go ahead and read it. Please bear with me because this is the first time I've read it. Um, request is to please read at the hearing. (reads correspondence) Treloar/ Okay. Well, at this time we'll open up to the floor for public discussion. We ask if you want to ... address the Board, use the microphone, as this is televised for later broadcast and they can't hear you if you don't speak into the mic. Give your name and sign in, please! (unable to hear female speaking away from mic; feedback sounds) Forum: Sullivan/ Good evening. My name is Rod Sullivan. I live at 2326 E. Court Street in Iowa City. And let me start by thanking you all for your service. I know that, uh, it can be kind of thankless at times serving on a board or commission. I appreciate the fact that you're willing to step up and do that. Uh, so I have two related issues that I want to bring up for you folks just to ... to take in and perhaps to make recommendations with. Uh, you may recall that when the Ad Hoc Diversity Committee was ... was, uh, formed for the City of Iowa City, there were a number of recommendations. Uh, there was one in particular that was made regarding, uh, policing, and I've never heard anything about it since, and I'm hoping you folks can follow up. And that is that we had, uh, asked questions about, uir, stops, be it traffic stops or just stopping pedestrians, where there are no, uh, citations made. Uh, it seems as though there are good statistics kept in terms of, uh, the race of a person when there's some sort of ticket issued. But if there's no ticket issued, we don't have that data, at least that was my understanding at the time. And it seems to me that when, uh, people are complaining about disproportionate minority contact, that includes all contact, not just contact where there was some kind of violation, and so ... uh, I think it would be very important that that data be collected. Uh, I also think it would make sense to work with, uh, Johnson County, Coralville, North Liberty, University Heights, etc., to make sure that everybody's collecting the same data. Uh, so that we can ... can compare and make sure that we've got ... you know, we're a small enough area that we should have... have, uh, good data there. I think the whole data set. So, uh, I would love to see you folks follow up with that and see if there's not something we can do on that issue. This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 3 Uh, secondly, and related to that (clears throat) um, I think we can all acknowledge that we have, all, issues throughout our criminal justice system, not just in Iowa City and Johnson County, in the whole U.S., with disproportionate minority contact, and I think we've already got some... some, unn... statistics that bear that out. We need to do a better job collecting data. I think that data will probably prove that to be the case, as well, and ...and so then we have to say, once we've collected the data, what are we going to do with it, and I think it's also important to have a very clearly set out goal to, uh, do something to improve upon that, and that's another thing that I think we haven't really heard is, um, although occasionally folks will admit that there's an issue, we haven't really heard, okay, we know it's an issue. Here's how we're going to try to improve the statistics. And so I would also like to hear a concrete plan of some sort for improving the statistics. I understand it's not something that'll happen overnight. I understand it might be difficult to do, but I think it's something we should at least show that we're striving to do. Thank you. (several responding off mic) Omar/ Hello, my name's Fatimah Omar. I'm an undergraduate student at William Penn University and I've gro... I've lived in the Iowa City community my whole entire life and I decided to come here today to ... um, well I have decided to come here because I've had some unjust experiences with an Iowa City police. Uh, as a biracial individual and minority, and this happened about nearly ... two and a half years ago, uni, a person with a clean record, no arrests or anything. My sister got hit by a car and the guy who hit her was white and the police was white, and the police showed no sympathy for my sister, but instead he spoke to her as if she was incompetent and said, "You have to be careful when you care ... when you cross the street next time," and lie spoke to my dad in the same manner and he said, "Your daughter has to be careful when she crosses the street," and this guy's a clean... decent guy. He has no records, but little did he know there's a thing called the internet, and we found his public arrest records. The man had, um, three charges of assault and ... um, he had two or three 0... OWIs and on top of that, I have a lot of minority friends who said they have felt as if they've been racially profiled by Iowa City Police. So with that being said I will continue. Many minority community members in the Iowa City area feel as if the police practices, polices, and laws are a double - standard for minorities, especially towards African Americans and Latinos. Many African American parents in the community feel as if their children are being racially profiled by police. One of the reasons why many minority community members feel as if the police practices, policies, and procedures are a double -standard for minorities is due to the curfew law which was established for the east side of town. This curfew was established due to the concern of the Broadway and Lakeside neighborhoods, where many African American families live. There were many neighborhood complaints about loud music, loud noises at night, and fighting among African American children. This has sparked resentment towards the African American community. Many of the white residents who reside in the Broadway and Lakeside neighborhood are at a discomfort with African Americans because of the cultural adjustment of having a wave of African American families move in within the last recent years. Those African American families were recruited to move in by housing and realty recruits. Rumors speculated in the community about gang activity, supposedly a gang called "The Broadway Goons." Matter of fact, most African American children in these neighborhoods do not associate This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 4 with the title of the Broadway Goons and deem it as a joke and say it's nothing compared to the gangs in Chicago. Not only did the ruckus and disputes among African American children create paranoia about gang activity to community members, but also to the Police Department. The Police Department established the curfew because they thought they could regulate illegal activity, specifically in these neighborhoods, but what they don't realize is all they have done is nothing but stereotype African American children as gangsters and harass them. Interestingly enough, most of the drug suppliers and people with drug arrests in the Iowa City community are ... in the Iowa City area are white, so if... it makes no sense to harass and nitpick African American children over everyday basic kid issues. If anyone should be monitored, it should be the drug dealers and not the supposedly obnoxious and fighting African American children. And justice and the police practices, policies, and procedures are highly significant because it is a facial disparity that can affect the learning of minority children, especially toward African American and Latino students. There are far more African American and Latino students facing suspensions and police referrals. African American youths are nine times more likely to be arrested than their white counterparts. African American and Latino students are less likely to get oral reprimands or intermissions before facing charges or legal consequences. This affects graduation rates of African American and Latino students. In addition, African American residents make up 4.8% of Iowa City's population, but account for 28% of non -traffic arrests by Iowa City Police in 2011 and African Americans made up 42% of the Johnson County jail's average daily population in 2010. The dispro... the disproportionality and arrest correspond with the sociological theory of the conflict perspective. Not only does this issue translate to the conflict perspective, but it also applies to the interactionist perspective. Because there is a huge disproportion in arrests between ethnic groups, mainly between whites and blacks, this creates stereotypes in the community. The stereotypes can heavily affect many minorities in the community by making it difficult for them to get jobs, unfair legal practices by police, and ... it can cause African American and Latino children to live up to stereotypes. The Iowa City Police Department and community needs to step their game up. We boast about ]low liberal and diverse our community is, but yet we are one of the states in the nation with the biggest disproportionality when it comes to arrests, and yet we don't make a lot of our minority residents feel welcome, and yet there have been more unfair illegal searches and seizures towards African American youth, impeding on their Fourth Amendment right. In order to be ... a diverse community, we need to treat everyone equal and we can start with the Iowa City Police Department by practicing equal legal practices and procedures among the different races. Thank you. Sullivan/ Hi, I'm Adam Sullivan. I submitted the question about the special response team, um, and I just wanted to follow up, um, with a brief comment. Um, as everyone's aware, the conventional wars in the Middle East are winding down. Um, because of that the federal government has a ton of equipment they don't need, and they're willing to make that available to police forces, um, for free, uh, with some ... uh, some surcharges involved, and so that equipment is coming here. We're going to have assault rifles and body armor, um, and things that the military calls something else, but you and I, if we saw them on the street, we'd call them a tank. Um, those things are coming back to the United States and they are going to end up in police departments, like ours, um, and I think it's really This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board amoral community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Amoral Community Forum Page 5 important before we get that, uh, that deluge of new equipment in Iowa, in our neighborhoods, that we have really strong rules for when that equipment is going to be used. I'm not sure if you're familiar with the event that happened in Ankeny earlier this year, but um, if you see the footage, I think it's troubling! I think these are ... these look like, you know, military -style men, um, breaking into a home, um, and it's over ... it was over credit card fraud, for people who didn't even live in that home, and so for me, I don't think that's an appropriate response. And so I think we need to set up really clear rules for when we're going to use a military -style response. Um, I do appreciate the response from the Department, um, but that list of instances, um, where that equipment might be used seems really, really broad to me. I can think of very, very few situations that wouldn't fall under one of those, um, categories. So, I just think it's an issue to ... to be aware of, and I do appreciate you, uh, hearing my thoughts. Treloar/ Thank you. Jensen/ We're having some microphone issues so Joe and I are going to share a microphone here. Landry/ Good evening (several responding) the Reverend Doyle Landry. Um, Positive Vision. I think it's serendipity that I come behind Mr. Sullivan, simply because sometimes people who have been born and raised here, who can see things clearly, um, nothing good grows in denial. I say that as University Alumnus. I say that as someone who, uni, would prefer to light a candle versus curse the darkness, but if it quacks like a duck and walks like a duck, you can't call it a chicken. At that being said, how honest are we being about race? I mean, at the end of the day, race can be enlightening or it can be threatening. But it's our choice, and I say that repeatedly because some of these same review board, I don't know your age, but it's like same conversation, year after year, and we just get older and more deeper in denial, and unfortunately, you can see with wave of violence, not just internationally but locally, that people get tired of being ignored. There's a price to pay when people are marginalized, and deemed invisible. I say that because on the record, I would like to think that the efforts that are being made by the Police Department, I'm not an enemy or one of those individuals who believe that police officers are enemies. I have had individuals, um, that come through my Positive Vision program who, at a young age, decided that they wanted to be officers, both, uh, young men and young women who are members of police force, um, police departments around the country. But this is Iowa City, and it ... again, at the end of the day, the same reoccurring theme about race and law enforcement, we're just getting older, and so it would be ideal to see concrete solutions which work. Um, sometimes it means being uncomfortable with individuals who we have gone to, elementary and middle and high school and maybe even the university, either Kirkwood, the University of Iowa, but racism is racism, and wrong is wrong. So ... are we going to continue to get older with the same comments and just remove the dates in terms of 1972, 1992, 2014, or is it going to take a tragedy where what might grow out of misunderstanding between ... law abiding citizens who pay taxes and... officers? Cause all you have to do is look in other cities and see what grew out of a misunderstanding. Eventually large forums where people are pointing fingers. It's coming to that point here in Iowa City. 1 say that as a former full - This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community t'ORlin Page 6 time journalist I say that as...(clears throat) someone who has lost, um ... younger people who, again, wrong place at the wrong time. I say that because it's Iowa City and I don't know if it's 2014 or again, 1982. So are we going to be honest about what really needs to be done in terms of the power that you have as a board to effect change, because the matter of racial disparities, that's a fact that can be pulled. Once you have a fact, what do you do with it? What do you really do with it, and again, there's a discomfort in confronting individuals who you may have known all your life, and I'm not just saying you as a board, but this is Iowa City where everybody knows everybody, but as I remind people, Richie and Fonzie are dead. So, with that being said, it would be ideal if there was concrete timelines in terms of this is what will be, uh, enforced, in terms of looking at what other cities of similar populations have done, with regard to effecting change. It's not about pointing fingers. It's not about casting blame, but again, at the end of the day, racism is racism and it's easy to pull it out around January 15"i, 1011 17t1i 18th depending what day Martin Luther King birthday comes along, but we go back to our normalcy that's increasingly discomforting, especially for children who have grown up in this enviromnent, who are now young adults, and they're talking the same problems when people my age were children were younger. So that is my suggestion, because again, at the end of the day, should tragedy occur, this room would be overflowing with a lot of anger and we're getting to that point, as it gets warmer. Thank you very much! Jensen/ Thank you! Fulwiley/ Hello! My name is Terrell Fulwiley. That's T-e-r-r-e-1-1. Last name F-u-1-w-i-l-e-y. I've been in Iowa City for about 12 years. I've been a transient for eight years in this city. I love this city and I want to, um, gotta couple different issues, and it's really... Jensen/ ...could we just ask you to (both talking) Fulwiley/ ...sign in, okay, cool! All right (both talking) Jensen/ ...hated to interrupt you... Fulwiley/ All right, cool! Yeah, unr... I know more people in this state than anybody here. Um, I meet a lot of students. I talk to `em about they problems when they out there drinking. They meet me, they celebrate, they have fiat, they go home. This is every night for years. Um, the problem I have, the issue, is that ... I ... it's a lot of ... it's urbanism in this state, and there's more urban style corning to this state, and it's a lot of people listening to the hip -hop in the clubs here and ... we organized it on the internet. That's what I took it upon myself to organize the events for hip -hop in the state of Iowa. And that's caused me a lot of problems here. My hip -hop page end up getting more likes and more attention than, um, from the community Iowa, than the University of Iowa newspaper. And um, as part of my understanding, and like there's a lot of stuff I don't want to talk about, but I'm going to open up and talk about it. (mumbled) mechanism, which is a form of anthropology if you understand that, and it alerted certain authorities to how much attention that I'm gettin' out here. Um, I don't steal. 1 don't sell drugs. Nothing like that. Um, so ... there synthetic in this neighborhood. It's everywhere, and I'm a very This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 7 educated person. I got great references. Had... teachers (mumbled) me to take courses at the University of Iowa for business. I'm always studying. So I want to point out that... most people would see the synthetic out there and think, hey, this is happening because of the homeless out here and that issue, and um, I want to bring up that me and a lot of people that's dealing with me as far as being, unr, administrator of this page and (mumbled) administrator of that knows that hey like ... hey, Terrell, this is really about you. This whole synthetic epidemic you ... they want to now if you got ADHD or anything like that, and I want to point out something that happened last summer is, on June 7t" y'all had the Art Fest. It was the June, um, 5d', 6d', and 7`I', if I think... sure it was. City granted me a permit to have, um, event in downtown Iowa City and um, so (mumbled) before said event, they contacted me, the Arts Fest people, like hey, what are you doing? Your event page is getting too big. How did you get a permit? I'm like I had a permit; they like can you fax me your permit; I'm like ... fax me your permit. And so I went to the City; we talked to them. They said, hey, we made a mistake. We gave you a permit to have a show down here and they had a Arts Fest, and I said, hey, it's all on the internet. Not only the event page there, but the word of mouth is everywhere, cause that's how we promote. So they say, okay. We're going to give you the Chauncey Swan right here, and I'm like ... the people that's comin' to see us really don't want to be across the street from the Police Station. Is there anything else you can do? They say okay, you can have the College Green Park. They wanted to work with me, cause they knew they made a mistake. So once we got to the College Green Park, the issue... they said, okay, well now you gotta pay for the permit. You gotta pay for the generators for electricity. I said hey, we ... that ... we didn't (mumbled) with this so ... came down here and um, I let everybody know, hey, we um ... I let the City know, hey, even though we gonna alert people that this event's not going on, they're still going to show up while y'all got all these tents here. They took it the wrong way and um, so me being in the street, Sunday came, and that was the last day of the, um, Arts Fest. So, um, they let us have a little event out here, no disturbances. They said, hey went great, went smooth, y'all didn't disturb nothing. We had a little group. We did it, and it was (mumbled) Well Sunday I went to the Salvation Army and I came back downtown. When I got down here that day, this was June 9di I'm think. They had the whole street taped off, blocked off from here, around this whole block, and as soon as I walked up here I said whatever this is, they gonna blame me for something! So, it was a bomb threat on the corner, and um ... later that night the authorities came up to me. The detective was like can we talk to you, and I want it on record that they took a saliva sample from me that day. They said .... cause I was like sure, you know, I didn't want no problems. I'm like sure. I know I'm not doing nothing. So, um ... with my studies, I'm looking at how ... now a lot of people don't understand this. I do a lot of studies, and it says that for ADAD, adult deficit attention disorder, that the University just had a study for this, and they would collect a saliva sample from you, cause wasn't anybody else on the internet understand. They like, Terrell, why would they take a saliva sample from you to study HDHD. So when I saw the study on HDHD and they was asking for a saliva sample, with the study they do, I was like that's it right there! They was testing me or something to see if I got ADHD. Now, I never graduated high school or any of that, but I constantly study, you know, cause I want to get into business. And um, make a lot of money in media. And that's the problem I think that I brought to these people here because they look at my page as being This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014. May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 8 arbitrary for a guy in the street having such a big influence throughout this university, through the community, so and that's just one point and I'm like, urn, like there's a lot going on here so ... with the Herky statutes is what I'm going to bring up is ... one of the Herky statues on the corner of, um, Washington and Dubuque, on the north end of the ... the ped mall is within 15-feet, and I brought this up the other day, is within 15-feet of a known drug area, where they congregate and they smoke synthetic marijuana and they sell synthetic marijuana, and I brought this up and I've got a lot of, um, got made a petition. I got over a hundred signatures here within five hours yesterday, within ... I got these signatures within 25-feet of the statute. This past Sunday we had a problem with ... the guy out there that goes by the name of Frank with (mumbled) motorcycles took a can of Campbell soup and put it on top of the Herky head. So we get over there, we like, hey, what is this? And then when nobody say nothing, there was over 10 people over there, within 15 feet of it, wouldn't none of `em say nothing. Once we tried to remove the ... the Campbell's can off it, he got really aggressive. He keeps a knife on `em. The police know this. They got constant calls over the last three years for him, and um, there was a lot of parents there, trying to take pictures. Like you can't put this here, so I'm, um, get the petition I want them to put the Herky statute in a safer place for parents and kids to take a picture, or they would ask for them to remove the two benches that's right there at the north end of the pedestrian mall. I got, uh, even Connie Champion signed this, um, one of the guys that owns the men's wear, uh, store over there. I think that's, um, Clinton Street; he signed it, and um ... I'm just trying to find out how with this whole epidemic going on, with the synthetic out here how can I be safe, knowing I'm not a drug dealer, um, I'm not robbing nobody. You won't find no cases like that in my record, and ran, things like that. But, my concern, and with my family and my friends concern, it's like, hey, Terrell, most of this is guides towards you. This is kind of protocol for people that's gettin' too big out here, so I want to know what type of procedures I can take to protect my interests in like hip -hop and... in this community because we took all events in the state and we put it on one page and made it easier for people to see. So not only am I getting a backlash from, uh, for what I'm doing and promotions from rich people where the artist is rappin', I'm getting a backlash from everybody from the poor people doing synthetic when I fight it. A couple last summer I held a sign out there said don't give the people out here money to buy synthetic marijuana, and they may have read it, you know, and a lot of people was coming up to me. My internet page is pretty big, and um, I'm always communicating with people. So I just want to ... the City to understand like that ... that's what I do. That's what I want my job to be, so understand I'm not here trying to fight you guys but ... I don't want a war being started around me, them accusing me of things and ... you know, it's a lot of blacklisting going on with me, even with the clubs out here and things like that. So, I gotta be very careful and document everything that's going on in my life, even with the police down here. The people that go to the synthetic stores. I gotta have all that documented in case I pass away or something, cause I don't want these people belittling me here, the community, the police, like he's just some bum out here, um, and when I'm working really hard to try to, um, provide for my family, make sure that, uh, somebody here at this university actually invest in media because there's a lot of people listening to hip -hop in this community, and they need to understand that that's a huge influence (mumbled) that everybody communicate here, and so I want people to know when it was This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014, May 13, 2014 Iowa City Citizens Police Review Board Annual Community Forum Page 9 just in the newspaper that the Cheba Hut was talking about, hey, it's affecting our business. We got synthetic. People doing synthetic coming here. It not only affects the people there, but it affects unknowingly affects the whole community. You know, people that's having dinner. It's affectin' them. They just don't know it yet. It's going to affect and it's going to keep snowballing. So I want to find out how can I go about protecting myself and be out here and, you know, do I suppose to be quiet about the synthetic, cause it seems like everybody is. I'm, uh, really is there an anonymous class? People seem to walk past. There's no like an alcoholics anonymous class, there's none for the synthetic. There's nowhere for these people to go. There's nothing for them to ... no class for them or nothing. So I'm like, hey, is there anything that the City can do to cover their butt with this, because them knowingly... or the University, knowingly putting a statue that close to a known drug area is a problem, and that is kind of...emits a lot of guilt. So that's why I say I talked to `em and say hey, I'm going to wait a couple days before I go public with my papers, with my documents, they ... they gonna be protected in case something happens to me, you know, I study MK Ultra and a lot of things that go on throughout the country and I'm sorry to say that, but I study a lot because I feel like my life is in danger, from me investing in media, and unn... so...I just want that to be on record, so in case something happens to me you guys know that I'm definitely looking to be protected, um, I'm looking at all the stuff that's going on out here, cause I've been out here and I've seen the changes and I see how it's affecting the people so I think the city should actually... whatever they doing, they should have some type of measure to help the people that don't want to go out like that, because it is an addiction that people are facing, the synthetic marijuana. You know, it's a lot of people targeting them, which is unfair and unn, that's all I want to be (mumbled) awareness to. Jensen/ Thank you, Terrell. Treloar/ Anyone else? If we have no one else who would like to speak, I think we're going to go ahead and adjourn. Thank you all for your comments, uh... make a motion to adjourn. Adjournment: Salih/ Moved. Jensen/ Second. Treloar/ Motion made and seconded. All in favor. Opposed same sign. We're adjourned. Thank you so much! Jensen/ Thank you! This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review Board annual community forum of May 13, 2014.