HomeMy WebLinkAbout02-10-2015 Citizens Police Review BoardMEMORANDUM
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
February 6, 2015
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on February 10, 2015
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 02/10/15
• Minutes of the meeting on 12/03/14
• Minutes of the meeting on 12/08/14
® Minutes of the meeting on 12/29/14
ICPD Department Memo #15-01 (November 2014 Use of Force Review)
ICPD Use of Force Report — November 2014
ICPD Department Memo #15-04 (December 2014 Use of Force Review)
O ICPD Use of Force Report — December 2014
O ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 4rd Quarter 2014)
Office Contacts — December 2014
• Office Contacts — January 2015
• Complaint Deadlines
• Staff memo regarding proposed name change by the Charter Review Commission
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
February 10, 2015 — 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 12/03/14
• Minutes of the meeting on 12/08/14
• Minutes of the meeting on 12/29/14
• ICPD Department Memo #15-01 (November 2014 Use of Force Review)
• ICPD Use of Force Report — November 2014
• ICPD Department Memo #15-04 (December 2014 Use of Force Review)
• ICPD Use of Force Report — December 2014
• ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 4rd Quarter 2014)
ITEM NO. 3
OLD BUSINESS
i Discussion of proposed CPRB name change by Charter Review Commission
ITEM NO. 4
NEW BUSINESS
• Community Forum
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
• March 10, 2015, 5:30 PM, Helling Conference Rm
• April 14, 2015, 5:30 PM, Helling Conference Rm
• May 12, 2015, 5:30 PM, Helling Conference Rm
• June 9, 2015, 5:30 PM, Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
CITIZENS POLICE REVIEW BOARD
MINUTES — December 3, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:01 P.M.
MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter
MEMBERS ABSENT: Joseph Treloar
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Captain Doug Hart of the ICPD; Andy Chappell, Adam Sullivan, and
Karrie Craig from the Charter Review Commission; Charlie
Eastham, Joseph Hall and Edward Hall, public.
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #14-06
CONSENT CALENDAR
Motion by Porter, seconded by Salih, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 11/10/14
• Minutes of the meeting on 11/25/14
• ICPD Department Memo #14-28 (October 2014 Use of Force Review)
• ICPD Use of Force Report — October 2014
• ICPD General Order 08-01 (Conducted Energy Devices)
• ICPD General Order 00-08 (Weapons)
• ICPD General Order 00-10 (Evidence and Property Handling Procedures)
Motion carried, 4/0, Treloar absent
OLD BUSINESS
None
NEW BUSINESS
Discussion of proposed CPRB-related amendments to the Charter — Chappell went through some of
the proposed changes to the City Charter that relate to the CPRB in regards to public forums. The
current language is as follows: Section 5.01a(1) To 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, and to make recommendations regarding such policies, practices, and procedures to the
city council. The proposal from the CPRB was to drop the last part of sentence, "and to make
recommendations regarding such policies, practices, and procedures to the city council." The Charter
Commission is going to recommend leaving in the current wording and re -number the section so they
are each an item to avoid any confusion. Craig and Sullivan addressed the Board regarding the
proposal to remove "citizen" from the Charter and wanted the Board's input on removing Citizen from
the name and if they had any suggestions on what could replace it. Their concern with the use of
citizen in the Charter is that they feel there are many people in Iowa City that do not identify as citizen
or qualify for the things citizen connotes. They are proposing to remove citizen from all other areas of
CPRB
December 3, 2014
Page 2
the Charter. A couple ideas that had been discussed by the Charter Review Commission as a
replacement to citizen were resident or taking out citizen and leaving it as Police Review Board. Hall
had additional suggestions to what the name could be changed to. Jensen thanked them for coming
and said that the Board would put it on a future agenda for discussion and would include a copy of the
City Charter in the Board packet at that time so they could look at the suggestions as it relates to the
whole Charter. The Charter Review Commission will be holding a public forum on January 7th at
6:OOpm at the Iowa City Public Library.
PUBLIC DISCUSSION
Eastham spoke regarding the suggestion from the Charter Review Commission to change the
name of the Board. He wanted to remind members that the name had just been recently
changed and the Ad Hoc Diversity Committee had agreed with the recommendation. One of
the reasons the Ad Hoc Diversity Committee wanted to change the name from Police Citizens
Review Board to Citizens Police Review Board was so it didn't appear as through it was a
police review by the police department.
BOARD INFORMATION
None.
STAFF INFORMATION
Tuttle directed Board members to the copy of the news release in the packet regarding the
Citizens Police Academy and if they were interested to let her know. Salih stated that she had
attended last year and it was really awesome.
EXECUTIVE SESSION
Motion by Salih, seconded by Martinez 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, Treloar absent. Open session adjourned at 5:27 P.M
REGULAR SESSION
Returned to open session at 6:28 P.M.
Motion by Porter, seconded by Martinez to to forward the Public Report as amended for CPRB
Complaint #14-06 to City Council.
Motion carried, 4/0, Treloar absent.
CPRB
December 3, 2014
Page 3
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
® January 13, 2015, 5:30 PM, Helling Conference Rm
® February 10, 2015, 5:30 PM, Helling Conference Rm
® March 10, 2015, 5:30 PM, Helling Conference Rm
®April 14, 2015, 5:30 PM, Helling Conference Rm
Motion by Salih, seconded by Martinez to set a special executive session only meeting on
Monday, December 8" at 8:00 A.M.
Motion carried, 4/0, Treloar absent
ADJOURNMENT
Motion for adjournment by Porter, seconded by Martinez.
Motion carried, 4/0, Treloar absent.
Meeting adjourned at 6:32 P.M.
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CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
December 4, 2014
To: City Council
' J
Complainant
City Manager
-�
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-06
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-06 (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 Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(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.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 08/12/2014. As required by S6ctjon(
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for irivestjga`tidn.
The Chief's Report was filed with the City Clerk on 10115/2014.
The Board voted on 11/25/2014 to apply the following Level of Review to the Chiefs Report- 7
"On the record with no additional investigation", pursuant to Iowa City Code Section 8_=8-7(B),(1)(a).
c
The Board met to consider the Report on 11/25/2014 and 12/03/2014.
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACT
On August 13, 2014, officers were involved in patrol at the Pheasant Ridge complex at the request of
management in response to previous incidents, including shots being fired and reports of drug dealing.
Individuals loitering and determined to be non-residents were to be given trespass warnings. Officers
observed the Complainant multiple times and engaged him in conversation. A routine check of the
Complainant showed he had an active warrant for his arrest. During the search that occurred because
of the arrest, a cell phone and a large sum of cash, $2722, were found on the Complainant. The
Complainant was advised of his Miranda rights and questioned. The Complainant made statements
denying ownership of the money and the phone. The phone was examined by officers and evidence of
drug distribution and drug use was noted. The phone and money were then seized as part of a drug
investigation. Prior to the CPRB complaint being filed, the Complainant was advised how to appeal
before a Judge who would rule if the property should be returned.
ALLEGATION 1 — Unlawful Search.
When the Complainant was arrested on an outstanding warrant, the Complainant was searched as part
of this arrest. The Complainant initially denied ownership of the property in his possession. The in -car
video recordings clearly document both the Complainant being advised of his rights and the statements
he made denying ownership of the phone and the money. Denying ownership of the property prevents
the Complainant from claiming his Fourth Amendment rights were violated. At the time of the incident,
officers were following procedures and had the authority to remove property in the Complainant's
possession. As the Complainant denied ownership of the phone, the officers were looking at the phone
in an attempt to identify the owner, and to determine if it had been stolen. Officers did locate
information in the phone to show it belonged to the Complainant. A search warrant was later obtained
due to further examination of the phone being needed. Officers involved were appropriate and within
the parameters of the law.
Allegation: Unlawful Search - Not sustained
ALLEGATION 2 — Unlawful seizure.
When Officers discovered an outstanding warrant for the Complainant, they also discovered he was
part of an on -going drug investigation. A search warrant for the Complainant's phone was obtained
from the Johnson County Attorney's Office and they also approved to move forward with the forfeiture
of the money found in the possession of the Complainant. To move forward with forfeiture case, the
State only needs to prove there is a preponderance of the evidence to prevail. The cell phone is also
being held as evidence in the criminal case. Officers involved were appropriate and within the
parameters of the law. The Complainant has also been advised of his right to present evidence at a
hearing before the Court as to why the property should be returned to him.
Allegation: Unlawful seizure - Not sustained
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CITIZENS POLICE REVIEW BOARD
MINUTES ® December 8, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:02 A.M.
MEMBERS PRESENT: Fidencio Martinez, Mazahir Salih, Royceann Porter (8:04 A.M.),
Joseph Treloar
MEMBERS ABSENT: None
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #14-02
(1) Accept CPRB Report on Complaint #14-04
(1) Accept CPRB Report on Complaint #14-08
EXECUTIVE SESSION
Motion by Treloar, 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, Porter absent. Open session adjourned at 8:03 P.M.
REGULAR SESSION
Returned to open session at 9:06 P.M.
Motion by Treloar, seconded by Martinez to forward the Public Report as amended for CPRB
Complaint #14-02 to City Council with the option to amend if a name clearing hearing is held.
Motion carried, 5/0.
Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB
Complaint #14-04 to City Council.
Motion carried, 5/0
CPRB
December 8, 2014
Page 2
Motion by Salih, seconded by Treloar to to forward the Public Report as amended for CPRB
Complaint #14-08 to City Council.
Motion carried, 5/0.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change)
® January 13, 2015, 5:30 PM, Helling Conference Rm (CANCELLED)
® February 10, 2015, 5:30 PM, Helling Conference Rm
® March 10, 2015, 5:30 PM, Helling Conference Rm
®April 14, 2015, 5:30 PM, Helling Conference Rm
Motion by Treloar, seconded by Martinez to cancel the January CPRB meeting due to
scheduling conflicts.
Motion carried, 5/0.
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Salih.
Motion carried, 5/0.
Meeting adjourned at 9:06 A.M.
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CITIZENS POLICE REVIEW BOAR®
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 8, 2014
To: City Counsel
Complainant
City Manager
Sam Hargadine, Chief of Police
Officer(s) Involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #14-02
Ali] 0 2 201ar
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation
of Complaint CPRB#14-02 (the "Complainant")
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 Chiefs report,
because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend thaltathg a 2015
Police Chief reverse or modify the Chief's findings onIv 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.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 5/22/14. As required by Section 8-8-5(B) of
the City Code, the Compliant was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on 7/30/14.
The Board voted on September 15, 2014 to apply the following Level of Review to the Chief's
Report:
On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-(B)(1)(a).
The Board met to consider the Report on August 26, 2014, September 15, 2014, October 13,
2014, November 10, 2014, December 3, 2014, December 8, 2014, and December 29, 2014.
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACT
On May 6, 2014 at 5:18 p.m., Officer A stopped the Complainant's husband at the 700 blk of
Mormon Trek Blvd. (immediately south of Bartlett Rd, adjacent to the Pheasant Ridge complex)
to speak with him about an incident that had taken place at the Pheasant Ridge Apartment
Complex, and to issue a criminal trespass warning. The Complainant's husband acknowledged
Officer A, but refused to stop, or provided identification as requested. While Officer A was
attempting to have a conversation with the Complainant's husband, the Complainant pulled up
in her vehicle on Mormon Trek Blvd, adjacent to Officer A and the Complainant's husband. The
Complainant had four children in the back seat of the vehicle. The Complainant's husband
opened the passenger door and entered the vehicle. Officer A advised the Complainant she
was free to leave but the Complainant's husband was not. When asked if the complainan's� 2(lia
husband was under arrest, or being detained, Officer responded "he is not under arrest
being detain, but he is also not free to go." The complainant did not leave and turned the:ve' hicJec:,;>
off.
Additional officers arrived. Officer B went to the driver's side of the vehicle to speak with the
Complainant, and Officer C went to the passenger side to assist Officer A. An additional officer,
Officer D arrived and went to assist Officer B at the driver side of the vehicle. The Complainant
was becoming increasingly upset and gave out her first name and license number. At one point
the Complainant rolled her window half way up and refused Officer D directive to roll the window
back down, because the Complainant stated they could still hear each other. Officer D then
opened the driver's door. Only after the officer opened the door, did the officer ask the
complainant to get out of the vehicle.
The complainant's husband, at this point, was out of the vehicle on the passenger side. Officer
D reached into the vehicle taking the Complainant by the arm and attempted to remove her from
the vehicle within seconds of opening the vehicle door. The complainant's four children were
inside the car when Officer D began to physically remove the complainant out of the vehicle.
The complainant was still buckled to the vehicles seat belt as officer D and B continued to pull
the complainant out of the vehicle. The Complainant continued to yell at the Officer D and tried
to pull away holding onto the seat and console. Officer C came over to assist Officer D, the
Complainant continued to struggle and was advised by the Officers she would be pepper
sprayed. The Complainant continued to struggle and was pepper sprayed by Officer D. Officer
then unbuckled the complainant's seat belt and removed the Complainant from the vehicle. The
Complainant was taken to the Johnson County Jail where she was decontaminated by
ambulance personnel. The children were relinquished to an acquaintance at the scene. Later in
the day, the acquaintance approached Officer C and told them that at least some of the children
were also suffering from the effects of being pepper -sprayed. An ambulance was required to
respond and evaluate/ treat the children as needed for OC contamination.
Allegation 1- Excessive Use of Force.
The Police Chief's findings are unreasonable, arbitrary or capricious.
The Complainant alleges Officer D used excessive force by deploying his OC/Pepper Spray.
The board recommends that the police chief or city manager reverse or modify their findings
based on the board's conclusion.
Though it may seem as the officer was following policy, it is our duty to ensure the discretion
and judgment are used within enforcement of the policy, According to the policy The Use of
Force (III) officers should "recognize and respect the value and special integrity of each human
life ... a careful balancing of all human interests is required." Officer D in choosing to rapidly use
force failed to recognize the hazards and dangers of employing pepper spray within 1) enclosed
quarters of vehicle 2) a motor vehicle where children are present 3) on someone who could
reasonable gain control of the vehicle.
Furthermore, section 804.8 under the Use of Force Policy IV. Code of Iowa- Use of Force in
Making Arrests and Preventing Escape, indicates that use of force should be reserved for times
when a "peace officer reasonably believes to be necessary to effect the arrest or to defend any
person from bodily harm while making the arrest." The CPRB agreed that under these
provisions, Officer D failed to accurately assess the situation and use reasonable judgment. The
complainant showed no physical threat/harm to herself, her children, her husband, or the
officers.
Furthermore, the complainant had asked questions in regards to her husband's holding and was
met with ambiguous responses. Officer D displayed unreasonable and sudden reactions to the
circumstances. No reasonable person would use such a weapon (pepper spray) within an
enclosed car, in the presence of four children, and without first knowing the context of the
situation. The CPRB finds the actions of officer D sudden and troubling when considering the
extremely brief time frame in which the officer had contact with the complainant. Officer D
arrived at the scene and rapidly escalated tensions 1) by opening the door without permission or
first asking the complainant to open the door, 2) pulling the complainant out of the vehicle
without providing her time to unbuckle her seatbelt, and 3) ultimately pepper -spraying the
complainant within seconds of opening her door.
Allegation #1 — Excessive Use of Force — Sustained.
COMMENTS
The CPRB acknowledges that suitable changes have since been made to the Weapons policy.
iM 0 21 2015
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-6041
December 8, 2014
To: City Council
v
Complainant
City Manager
Equity Director
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Citizen Police Review Board
Re: Investigation of CPRB Complaint 414-04
This is the Report of the Citizens Police Review Board's (the "Board")
review of the investigation of
Complaint CPRB #14-04 (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 Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs 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.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 07/23/2014. 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 09/18/2014.
The Board voted on 11/1012014 to apply the following Level of Review to the Chiefs Report:
"On the record with no additional investigation", pursuant to Iowa City Code Section 8 8p-7(13��J)(a).c'
The Board met to consider the Report on 10/13/2014, 11/10/2014, 12/03/2014, and7-12/08F2o14. o:_•r_)
Board members reviewed audio and/or video recordings of the incident.
FINDINGS OF FACT
On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch
with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant
sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his
insurance company trying to arrange for a towing company to remove the vehicle from the ditch.
During conversations with the Complainant and the witness, officers learned the following information
about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his
computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers
he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the
Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch.
When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he
did not remember. The accident occurred within a few blocks of Walmart, which can be seen from the
scene of the accident. The Complainant's vehicle was removed from the ditch by the towing company
and towed to his residence.
After speaking with the Complainant about the accident, officers felt the Complainant may have been
impaired so they began field. sobriety tests. After the evaluation, officers took the Complainant to the
police department for further testing. The Complainant was advised of his rights. He initially denied
and then later admitted to inhaling the dust off. The Complainant also admitted the can of dust off was
in his vehicle.
ALLEGATION 1 — Responsibilities.
The Complainant claims the officers failed to call an ambulance to check for medical conditions that
may have caused the crash.
At the scene, while on the phone with his insurance company, the Complainant is clearly overheard
saying he is not injured. Later when the Complainant is asked by officers if he needs medical attention,
he says he does not. The Complainant is also asked on more than one occasion if he has any
disabilities that would affect his ability to perform any of the field sobriety tests, and he never claims any
injuries or disabilities. These statements are supported by the video/audio recording, and officer
reports. According to officers, the Complainant also had no apprant or observable injuries.
Allegation: Responsibilities - Not sustained
ALLEGATION 2 — Obedience to laws and regulations.
The Complainant alleges officers illegally searched his vehicle and failed to follow department impound
procedures when towing his vehicle. The Complainant also claimed officers completed a statement as
part of the search warrant application that was intentionally misleading.
The vehicle was impounded after officers were denied permission to enter the vehicle to remove a can
of compressed air that was wanted as evidence. The officer did not inventory the vehicle when it was
towed because the search would have been illegal at that point. Officers were advised by the Johnson
County Attorney's Office to tow the vehicle from the Complainant's residence, and apply for a search
warrant. A search warrant was issued after a judge determined probable cause existed. After obtaining
the search warrant, an officer searched the vehicle and removed a can of "Ultra Duster" from the
vehicle.
Allegation: Obedience to laws and regulations - Not sustained
ALLEGATION 3 — Incompetence.
The Complainant stated the officers failed to include all the relevant and important information in the
reports submitted to the County Attorney's Office and that this failure meant the County Attorney's
Office was unable to include information into decision on whether to prosecute the case.
The officers documented theirs observations of the Compliant and his performance of the field sobriety
tests both at the scene and the police department in their reports. There is also in car video and video
from inside the police department. All of this was made available to the County Attorney's Office, the
Complainant, and to his attorney, as well as to this Board. A review shows no coercive and there was
no motion to suppress filed.
C
Allegation: Incompetence - Not sustained
,: ,
COMMENTS
00
The original eight allegations are summarized in the three categories listed above:-",:;.
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c; i
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
December 8, 2014
r,�
To: City Council
r-
Complainant
_ ...
City Manager
^-
Equity Director
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Citizen Police Review Board
cn
Re: Investigation of CPRB Complaint #14-08
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #14-08 (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 Chiefs 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.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on 09/24/2014. 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 11/07/2014.
The Board voted on 11/10/2014 to apply the following Level of Review to the Chiefs Report:
"On the record with no additional investigation", pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
The Board met to consider the Report on 11/25/2014, 12/0312014, and 12/08/2014. �2
Board members reviewed audio and/or video recordings of the incident.
? <, co
FINDINGS OF FACT
On April 27, 2014, at 11:59 pm, officers responded to Highway 1 near Sunset for a vehicle in the ditch
with its headlights on. Upon arrival, officers found the vehicle still in the ditch and the Complainant
sitting in the front passenger seat of a witness's vehicle. The Complainant was on the phone with his
insurance company trying to arrange for a towing company to remove the vehicle from the ditch.
During conversations with the Complainant and the witness, officers learned the following information
about the crash. The Complainant had been to Walmart to get a can of dust off air to blow off his
computer. The Complainant left Walmart, and went westbound on Highway 1. He initially told officers
he was going home but later said he was going to an adult store in Cedar Rapids. The witness said the
Complainant crossed the median and both eastbound lanes of traffic and then went into the ditch.
When the Complainant was asked how he ended up in the ditch, he said he may have fallen asleep, he
did not remember.
After investigating the accident, Officer A completed a state accident report and estimated the damage
to the Complainant's vehicle as $1500. Officers also issued the Complainant a citation for failure to
maintain control of his vehicle. The Complainant was also arrested for Operating while intoxicated.
ALLEGATION 1 — Officer included inaccurate information in an official police report.
On September 1, 2014, the Complainant contacted the police department by email, asking to have the
damage estimate changed as he was concerned the accident would be reported to the DOT and listed
on his driving record. The Complainant stated he repaired the darnage himself, however the
Complainant admitted he never took the vehicle.to a mechanic or body shop to verify the damage or
obtain a repair estimate. Officer A emailed the Complainant, saying the damage estimate on scene
was not meant to be a solid figure, and declined to change the estimate.
Allegation: Officer included inaccurate information in an official police report - Not sustained
ALLEGATION 2 —This was a retaliation against the Complainant for filing a complaint against
another officer in an earlier CPRB complaint.
Officer A said he was aware the Complainant had filed an earlier CPRB complaint against another
officer, however repeated the damage estimate on scene was not meant to be a solid figure, and if the
damage to the vehicle was repaired by a body shop, it would be at least $1500. Officer A stated he did
not set the damage amount to penalize the Complainant. The Complainant did not take the vehicle for
a damage estimate, there is no way to prove the damage estimate was or was not $1500.
Allegation: This was a retaliation against the Complainant for filing a complaint against another
officer in an earlier CPRB complaint - Not sustained
COMMENTS
None
C-+
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CITIZENS POLICE REVIEW BOARD
MINUTES — December 29, 2014
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 8:07 A.M.
MEMBERS PRESENT: Royceann Porter, Joseph Treloar
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
Fidencio Martinez, Mazahir Salih
Staff Kellie Tuttle and Patrick Ford
None
None
RECOMMENDATIONS TO COUNCIL
None
EXECUTIVE SESSION
Motion by Porter, seconded by Treloar 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, Martinez and Salih absent. Open session adjourned at 8:08 A.M.
REGULAR SESSION
Returned to open session at 8:38 A.M.
Motion by Treloar, seconded by Porter to request an extension to January 14, 2015 for CPRB
Complaint #14-02, due to the holidays and the need for a final meeting to complete the Public
report.
Motion carried, 3/0, Martinez and Salih absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• February 10, 2015, 5:30 PM, Helling Conference Rm
® March 10, 2015, 5:30 PM, Helling Conference Rm
.April 14, 2015, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Porter.
Motion carried, 3/0, Martinez and Salih absent.
Meeting adjourned at 8:39 A.M.
9
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DEPARTMENT MEMO #15-01
TO:
Chief Hargadine
FROM:
Captain Douglas S. Hart
RE:
November 2014 Use of Force Review
DATE:
December 23, 2014
The "Use of Force Review Connuittee" met on December 17, 2014. It was composed of Captain
Hart, Sgt. Gaarde and Officer David Schwindt.
For the review of submitted reports in November, 27 Officers were involved in 29 separate
incidents requiring use of force.
All issues or concerns were identified and addressed at previous levels of review. Of the
incidents reviewed for this period: on three occasions a Taser was deployed, on one occasion a
Taser was displayed, on five occasions OC was deployed, on one occasion OC was displayed,
there was one SRT call out where officers displayed assigned weapons, in four other incidents
officers responded to calls where their firearm was displayed, and three Officers dispatched an
animal with their weapon. Of the 29 incidents 2 suspects were injured and 4 Officers were
injured as a result.
Please contact me if you have any questions.
Copy: City Manager, CPRB, Watch Commanders, Review Committee
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
November 2014
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Ofc #
Date
Inc #
Incident
Force se IT
32
11/01
2014012259
Fight In
The subject had just assaulted two bar staff
Progress
and took off running. TFtb subject was
resistive towards officers and was taken to
the ground using a takedown technique.
68
11/01
2014012260
Intoxicated
The subject made statements that he
Subject
was going to fight with the officers. Upon
arrival, the subject refused to remove his
hands from his pockets and was taken to
the ground using a takedown method.
37
11/01
2014012264
Intoxicated
The subject was being placed under arrest
Subject
and threw an elbow at the officer but did not
make contact. The subject was then
sprayed with OC spray and the officer used
a wristlock to place the subjects hands
behind his back.
48
11/01
2014012265
Out with
The subject was being placed under arrest
Subject
whereupon he pulled away. The subject
was directed to the ground with a takedown
technique and was able to be cuffed.
61
11/01
2014012300
Out with
The officer was out with the subject when
Subject
he tried to run away. A takedown method
was used to effect custody.
10
11101
2014012317
Assaultive
The subject was placed under arrest for
Subject
assaulting a bar staff. When searching the
subject for weapons, he attempted to head -butt
the officers and was subsequently directed to
the ground with a takedown technique.
68,86,
11/02
2014012324
Fight In
The subject was being placed under arrest for
5,67
Progress
fighting with bar staff and attempted to flee. As
one officer grabbed the subjects arm, he thrust
an elbow into the officer. A taser was used to
assist in the custody as well as compliance
methods and OC spray as the subject continued
assaultive behavior.
59
11105
2014012463
Injured Deer
The officer used his service weapon to dispatch
a wounded deer that was involved in a vehicle
collision.
13,37
11/06
2014012482
Assaultive
The subject was making statements about
Subject
going to "kill" people. When asked about these
statements, the subject began assaulting the
officers. A taser and wrist locks were used to
gain custody of the subject.
62,46
11/08
2014012564
Domestic
The suspect was told she was under arrest for
Abuse
domestic assault at which time she pulled away
from the officers. A wrist lock was used as well
as a takedown techni ue to affect custody.
36,24
11/08
2014012582
Intoxicated
Officers were called to a bar for a patron
Subject
refusing to leave. Upon placing the subject
under arrest, the patron pulled away and began
struggling with officers. OC spray was then
used to assist in taking the patron into custody.
10,55
11 /09
2014012587
Out with
The officers were summoned to a bar for a
Subject
patron being refused entry. When the patron
refused to leave, he was placed under arrest
whereupon OC spray was needed in the arrest
as the patron was forcefully attempting to pull
away.
55,48,
11/09
2014012590
Fight In
The subject was told to leave the area several
68
Progress
times via voice commands. The subject was
informed he was under arrest whereupon he
began flailing his arms. The subject was
warned he was going to be tased and continued
resisting/assaultive behavior. A taser was used
to accommodate the arrest of the subject.
13,50,
11111
2014012681
Weapons
Officers responded to a report of a subject with
3,12
Offense
a possible handgun. Officers displayed their
side arms to take the subject into custody.
62
11111
2014012690
Injured Animal
The officers utilized his sidearm to dispatch an
injured rabbit.
11
11/14
2014012756
Fight In
The subject was actively fighting with bar staff.
Progress
The subject pushed the responding officers
whereupon a takedown technique was used. A
wrist lock was also needed as the subject
refused verbal commands.
48,10,
11/14
2014012762
Search Warrant
Officers displayed their sidearms during the
11,67,
securing process of a residence while serving a
36,86
search warrant.
86
11/15
2014012800
Out With
A takedown method was used after the Officer
Subject
grabbed the subjects arm and the subject tried
to pull away. The officer had to use a wrist lock
to get the subjects arms behind his back for
cuffing.
10
11/15
2014012801
Intoxicated
The officer had to physically place the
Subject
intoxicated subject in the baekrof the police car.
64
11/17
2014012881
Injured Animal
The officers utilized his sidearm to dispatch an
injured deer that was struck b a vehicle.
17,2
11/19
2014012915
Intoxicated
Officers were in the process of, processing a
Subject/Driver
suspect for OWI and eli��Jjng,vghen "suspect
abruptly lunged towards an officer. The suspect
attempted to strike the officers' and 'was taken to
the ground. The suspects arras were pulled
behind his back for cuffing purposes using a
wrist lock.
62
11/22
2014013024
Fight In
Officers were called to the bar for a fight
Progress
complaint. Upon arrival, the patron was fighting
with bar staff. The officer displayed his taser at
the subject and he chose to comply without
further incident.
1,38,3,
11/22
2014013040
Fight in
Officers were called to a report of a fight with a
12,47
Progress
subject armed with a machete. After refusing
verbal commands, compliance methods were
used to gain custody of the subject.
10
11123
2014013104
Fight In
The officer utilized OC spray after responding to
Progress
a large active fight involving ten subjects.
63
11/28
2014013242
Intoxicated
Officers were called to the bar for a patron
Subject
refusing to leave. Officers involved had to use a
compliance method to gain custody after taking
the subject to the ground as verbal commands
were refused.
64,63,
11/28
2014013244
Intoxicated
Officers were called the bar to an MMA fighter
20,16
Subject
refusing to leave. Upon approach, the subject
head butted one officer and began struggled
with officers. Takedown techniques,
compliance methods and a Taser was used as
the subject continued to kick and strike officers.
Three officers sustained injuries.
11
11/29
2014013265
Intoxicated
Officers were called to the bar for a patron
Subject
refusing to leave. The patron refused and the
Officers involved had to use a compliance
method to gain custody.
8,24,2,
11/30
2014013312
Search Warrant
Officers displayed their side -arms during the
17,86
securing process of a residence while serving a
search warrant.
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Dr -PAR T MGN T MEMO #15
2010 J AN 27 Ph 1: 4 2
01 T 11, CL E f\f\
-A'A CITY 10%..,
TO:
Chief Hargadine
FROM:
Captain Douglas S. Hart
RE:
December 2014 Use of Force Review
DATE:
January 27, 2015
The "Use of Force Review Committee" met on January 27, 2015. It was composed of Captain
Hart, Sgt. Gaarde and Sgt David Droll.
For the review of submitted reports in December, 25 Officers were involved in 19 separate
incidents requiring use of force.
All issues or concerns were identified and addressed at previous levels of review. Of the
incidents reviewed for this period: on one occasion a Taser was deployed, on two occasions a
Taser was displayed, no OC was deployed or displayed, there was one SRT call out where
officers displayed assigned weapons, in two other incidents officers responded to calls where
their firearm was displayed, and three Officers dispatched an animal with their weapon. Of the
19 incidents 1 suspect was injured and no Officers were injured as a result.
Please contact me if you have any questions.
Copy: City Manager, CPRB, Watch Commanders, Review Committee
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
December 2014
Ofc #
Date
Inc #
Incident
Force Used-
2
12/04
2014013435
Medical Call
Officer was requested by JCAS to help hold
a subject down in order for the paramedics
to insert an IV.
18
12/05
2014013474
Out with
The subject was being placed under arrest
Subject
when he took off running. After a foot
pursuit, a takedown method was used and
the officer held the subject until other
officers arrived to assist in cuffing.
2
12/06
2014013554
Fight In
After fighting with another person, the
Progress
subject took off running upon being
approached by the officer. A takedown
technique was used after a brief foot chase.
67
12/07
2014013564
Intoxicated
A wrist lock was used to take the subject
Subject
into custody after the subject tried to pull
away.
36
12/07
2014013597
Vehicle Stop
The officer displayed his sidearm towards
the driver of a vehicle who refused to stop
55
12/10
2014013655
Fight In
The Officer displayed a taser at two
Progress
subjects refusing to stop fighting despite
verbal commands.
1
12/10
2014013669
Animal Call
At the request of animal control, the officer
used his sidearm to dispatch an injured
deer.
40,7,
12/11
2014013700
Suicidal Subject
The subject displayed a kitchen knife and began
42
trying to cut her wrists. One officer deployed a
taser whereupon the other officers were able
restrain the subject from continued harm to
herself and the officers.
68
12/13
2014013741
Out With
The Officer displayed his sidearm at a subject
Subject
who was going through vehicles at 0421am.
66
12/14
2014013772
Domestic
After the subject was being placed under arrest
Abuse
for physically fighting with a female, he tensed
up. The subject as taken to the ground using a
takedown method.
8,87,
12/18
2014013924
Search Warrant
Upon serving a search warrant, the officers
45
displayed their sidearns while securing the
residence.
97
12/19
2014013952
Intoxicated
The already in custody subject refused to get
Subject
into the squad car and the officer had to pull the
subject into the car.
67
12/19
2014013952
Intoxicated
While placing another under arrest, this subject
1
Subject
grabbed onto the officer. The officer used a
wrist lock and a takedown method to affect
custody.
67
12/19
2014013952
Intoxicated
Subject
The brother of the aforementioned subject
grabbed onto the officer during the arrest of
another. This subject was shoved away
37
12/19
2014013989
Domestic
Assault
The Officer displayed his taser at a male subject
assaulting a female.
49
12/25
2014014165
Animal
Dispatch
An injured deer(not a reindeer) located. The
officer used this sidearm to dispatch the injured
animal.
29,16,
9,22,8,
97,6,9
4,61,4
0,87,5
9
12/29
2014014271
SRT
Several officers displayed their weapons during
an SRT call out to subject wanted on a
homicide warrant our of Chicago, Illinois. The
wanted subject had also made threats that he
was going to use an assault rifle on Officers
35
12/30
2014014294
Animal
Dispatch
An injured deer located. The officer used this
sidearm to dispatch the injured animal.
66
12/31
2014014330
Out with
Subject
After a brief foot chase, the officer had to place
the defendants hands behind his back.
r„
IUlemorandum
TO: File
FROM: Captain Douglas S. Hart, Administrative Services
RE: Quarterly Summary Report IAIR/CPRB, 4t" Quarter 2014
DATE: January 28, 2015
Attached you will find the IAIR/CPRB 2014 fourth quarter summary report for the Iowa
City Police Department Internal Affairs/Citizen's Police Review Board investigative file.
There were six investigations initiated in the fourth quarter of 2014. Of these, two
originated internally and four externally. The attached summary reflects the fourth
quarter investigations in 2014.
cc: CPRB
Chief Hargadine
Cpt. Jim Steffen
Sgt. David Droll
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CITIZENS POLICE REVIEW BOARD
OFFICE CONTACTS
December 2014
Date Description
None
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
January 2015
Date Description
None
February 10, 2015 Mtg Packet
CPRB Complaint #14-10
Filed: 12/23/14
Chief's Report due (90days): 03/23/15
Chief's Report filed: 12/31/14
CPRB Mtg #1 (Review) 02/10/15
CPRB Report due (90days): 03/31/15
CPRB Complaint #14-11
Filed: 12/31/14
Chief's Report due (90days): 03/31/15
Chief's Report filed: ??/??/15
CPRB Mtg #1 (Review) ??/??/15
CPRB Report due (90days): ??/??/15
TENTATIVE MEETING SCHEDULE
March 20, 2015
April 14, 2015
May 12, 2015
June 9, 2015
CITY OF IOWA CITY
CITY OF IOWA CITY MEMUKANUU
UNESCO CITY OF LITERATURE
Date: February 6, 2015
To: Citizen Police Review Board
From: Kellie Tuttle, CPRB staff
Re: Proposed CPRB name change by the Charter Review Commission
At your December 3, 2014 meeting members from the Charter Review Commission attended
and presented proposed changes being made to the Iowa City City Charter including the
proposal to remove "citizen" from the Charter and wanted the Board's input on removing Citizen
from the Board's name and if they had any suggestions on what could replace it. Their concern
with the use of "citizen" in the Charter is that they feel there are many people in Iowa City that
do not identify as "citizen" or qualify for the things "citizen" connotes. They are proposing to
remove and/or replace "citizen" from all other areas of the Charter.
In June of 2012 the Board recommended a name change to the City Council from Police
Citizens Review Board to Citizens Police Review Board.
Also in June of 2012, the City Council established an Ad Hoc Diversity Committee. One of the
charges of the Committee was to study the operations of City law enforcement, including but not
limited to the Police Citizen Review Board (PCRB), as it relates to minority populations with a
view toward promoting just and harmonious interaction between City government and minority
segments of the community. As part of their recommendations to the City Council the Ad Hoc
Diversity Committee recommended changing the name to Citizens Police Review Board.
In September of 2013 the City Council adopted the recommendations including the name
change.
A copy of the current City Charter is included in your packet. Pages 1 and 10 are the proposed
changes being considered by the Charter Review Commission regarding "citizen" at this time.
• The Preamble (page 1) has been rewritten in its entirety.
• Section 5.01 (page 10) omits "citizen" in B1 and B3.
• Section 5.02 (page 10) "citizen" is replaced with resident.
The remaining two areas on page 10 (A & B) refer to the Board name. Please be prepared to
discuss suggestions for a proposed name change or to respond as a Board that the name
should remain the same.
Staff will be preparing a response for the Charter Review Commission which will be meeting on
Friday, February 131n
PAGE
2014-15 REVIEW
As of 1/13/15 mtg.
PREAMBLE
1. That the ..�neRt9f Iowa City belengs to all •«riti;engand all ghaF . the
fespo..siti'Irmmity fGF it.
o its citizens.
We, the people of Iowa City, Iowa, pursuant to the Constitution and statues statutes of
the State of Iowa and the principle of self-determination, do hereby adopt this Charter
and confer upon it the full home rule powers of a charter city. By this action we adopt
the following principles:
1. Resident participation on an inclusive basis In democratic self-government.
2. The provision of service relating to the health, safety, and welfare of Its
residents In a fair, equitable and efficient manner.
3. The conduct of city business inconformity with due process, equal protection
under the laws, and those individual liberties protected by the Constitution of
the United States, the State of Iowa, and local ordinances.
4. Civility by city employees in their Interactions with the public.
i PAGE 10
2014-15 REVIEW
As of 1/13115 mtg.
Section 5.01. Establishment.
A. With the exception of the citizens police citizens review board, the council may
establish boards in addition to those required by state law and shall specify the title,
duties, length of term, qualifications of members and other appropriate matters. The
council may reduce or increase a board's duties, transfer duties from one board to
another or dissolve any board, except as otherwise provided by state law or this charter.
A, B. There shall be a permanent citizens police eittzeHs review board, which shall
have vested in it the following minimum powers:
1. To hold at least one community forum each year for the purpose of hearing c'•.�.7png'
views on the policies, practices, and procedures of the Iowa City police department7.
and
2. To make recommendations regarding such policies, practices, and procedures to the
city council.
2.3. To investigate citizen claims of misconduct by sworn police officers and to Issue
independent reports of its findings to the city council; and
3. 4. The authority to subpoena witnesses. (Res. 07-262, 8-31-2007)
Section 5.02. Appointment; Removal.
The council shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The council shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
&I?ens residents. Council procedures for the removal of members shall be consistent
with state law. (Ord. 05-4152, 3-1-2005)
Section 5.03. Rules.
A. The council shall establish rules and procedures for the operation of all boards, which
must include but are not limited to, the adoption of by-laws and rules pertaining to
open meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The council shall specify, for each board, methods for informal and formal
communication with council, time schedules for the completion of reports requested by
council and such rules as it deems appropriate.
Preamble
Definitions
Article I. Powers Of The City
§ 1,01. Powers Of The City.
§ 1.02. Construction,
§ 1.03. Savings Clause.
Article 11. City Council
§ 2.01.
Composition.
§ 2,02.
Division Into Council Districts.
§ 2.03.
Eligibility,.
§ 2,04.
Terms.
§ 2.05.
Compensation.
§ 2.06,
Mayor.
§ 2:07.
General Powers And Duties.
§ 2,08,
Appointments.
§ 2.09,
Rules; Records.
§ 2.10.
Vacancies.
§ 2.11.
Council Action.
§ 2.12,
Prohibitions.
Article Ili. Nomination, Primary Election And Regular Election
§ 3,01. Nomination.
§ 3.02. Primary Election.
§ 3,03. Regular City Election.
Article IV. City Manager
§,4.01.
Appointment; Qualifications,
§ 4.02.
Accountability; Removal.
§ 4.03.
Absence; Disability Of City Manager.
§ 4,04,
Duties Of City Manager.
§ 4.05.
Ineligibility; Prohibited Acts,
1. The home rule charter of the city, adopted by the voters of the city on November 16, 1973,
and by ordinance 76-2792 on January2,1976, pursuant to I.C.A. section 372.9, Is set out herein
as adopted and amended.
Iowa City
Article V. Boards, Commissions And Committees
§ 5.01. Establishment.
§ 5,02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions And Expenditures
§ 6,01. Limitations On The Amount Of Campaign Contributions.
§ 6.02. Disclosure Of Contributions And Expenditures.
§ 6.03. Definition.
§ 6.04. Violations,
Article Vii. Initiative And Referendum
§ 7,01. General Provisions.
§ 7.02. Commencement Of Proceedings, Affidavit.
§ 7.03,. Petitions; Revocation Of Signatures.
§ 7,04. Procedure After Filing.
§ 7,05, Action On Petitions.
§ 7,06. Results Of Election.
§ 7,07, Prohibition On Establishment Of Stricter Conditions Or Require-
ments,
Article Vill. Charter Amendments And Review
§ 8.01. - Charter Amendments.
§ 8,02. Charter Review Commission.
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f12lx_lir1IIV
The citizens of Iowa City, Iowa, by virtue of the enactment of this charter,
adopt the following principles:
1. That the govornment of Iowa City belongs to all its citizens and all share the
responsibility for it.
2. That the government of Iowa City Is a service institution, responsive and
accountable to Its citizens.
3., That city officials--hould be accessible to the people and have an
affirmative obligation to secure for each person equality of opportunity as well
as due process and equal protection of law.
4. That each citizen has a right to obtain fair, equal, and courteous treatment
from each city official and employee.
5. That the city should perform 611 acts and take all measures necessary and
desirable to promote the general health, safety and welfare of Its residents, to
encourage the participation of Its citizens In policy formation and to secure the
full benefits of "home rule." (Ord. 76-2792, 1-2-1976)
DEFINITIONS
As used in this charter:
1. "City" means the city of Iowa City, Iowa.
2, "City council" or "council" means the governing body of the city.
3. "Councilmember" means a member of the council, Including the mayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote it Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote
in Iowa City.
Iona City
9. "Board" Includes a board, commission, committee or other simila.i entity
however designated.
10. "Person" means an individual, firm, partnership, corporation, company,
association, political party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature,
12. "Measure", except as provided in article VII, me=,,ns an ordinance,
amendment, resolution or motion. (Ord. 76-2792, 1-r-1976; amd. Ord,
85-3227; 3-12-19.85; Ord, 05-4162, 3-1-2005)
AnTICLE I. POWERS OF' '1 CIYV
Section 1.01. Mowers Of The City.
The city has all powers possible.under the constitution and laws of this state.
(Ord. 76-2792, 1-2.1976)
Section 1.02. Construction.
The grant of power to the city under this charter is intended to be broad; the
mention of a specific power in this charter is not intended to be a limitation on
the general powers conferred in this article. (Ord. 76-2792, 1-2=1976)
Section 1.03. Savings Cicuse.
If any provision of this &> rter, or the application of this charter to any person
or circumstance is heic' 'nvalid, the invalidity shall not affect other provisions
or applications of this charter, (Ord. 76-2792, 1-2-1976)
ARTICLE II. CITY COUNCIL
Section 2J. . Composition.
The city, council consists of seven members. As provided in article ill, four, to
be known as councllmembers at large, are to be nominated by eligible electors
Iowa City
of the city at large, and three, to be known as district councilmembers, are to
be nominated by eligible electors of their respective districts. All
councilmembers shall be elected by the qualified electors of the city at large.
(Ord. 85-3273, 12-17-1985)
Section 2.02. Division Into Council Districts.
The council, by ordinance, shall divide the city into three council districts of
substantially equal population. These districts are to be designated as council
district A, council district B, and council district C, (Ord. 76-2792, 1-2-1976)
Section 2.03. Eligibility.
To be eligible to be elected to and to retain a council position, a person must
be an eligible elector of Iowa City, and if seeking or elected to represent a
council district, must be an eligible elector of that council district. (Ord.
05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this charter, all seven councilmembers are to be
elected; the councilmember from council district A, council district C, and the
two councilmembers at large who receive the greatest number of votes cast
for counciimember at large are to serve for terms of four years, and other
councilmembers are to serve for terms of two years. Commencing at the next
regular city election, and at all subsequent regular city elections, all
councilmembers elected to fill the positions of those whose terms expire shall
be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Section 2.05. Compensation.
The council, by ordinance, shall prescribe the compensation of the mayor and
the other council members. The council shall not adopt such an ordinance
during the months of November and December Immediately following a regular
city election. (Ord. 05-4152, 3-1-2005)
Section 2.06. Mayer.
A. Immediately following the beginning of the terms of councilmembers elected
at the regular city election, the council shall meet and elect from among Its
Iowa City
members the mayor and mayor pro tem for a term of two years. (Ord. 85-3227,
3-12-1985)
B. The mayor is a voting member of the council, the official representative of
the city, presiding officer of the council and its policy spokesperson. The
mayor shall present to the city no later than February 28 an annual state of the
city message. (Ord. 95.3671, 3-28-1995)
0. The mayor pro tem shall act as mayor during the absence of the mayor.
(Ord. 85-3227, 3-12-1986)
Section 2.07. General powers And Duties.
All powers of the city are vested in the council, except as otherwise provided
by state law or this charter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The council shall appoint the city manager.
B. The council shall appoint the city clerk. (Ord. 85-3227, 3-12-1985)
O. The council shall appoint the city attorney. (Ord. 95-3671, 3-2.8-1995)
D. The council shall appoint all members of the city's boards, except as
otherwise provided by state law. (Ord. 85-3227, 3.12-1985)
E. The council shall fix the amount of compensation, if any, of persons it
appoints and shall provide for the method of compensation of other city
employees. All appointments and promotions of city employees by city council
and city' manager must be made according to Job -related criteria and be
consistent with nondiscriminatory and equal employment opportunity standards
established pursuant to law. (Ord. 95-3671, 3-28-1996)
Section 2.09. Bales; Records.
The council may determine its own rules and shall maintain records of its
proceedings consistent with state law. (Ord. 76-2792, 1-2-1976)
Iowa city
Section 2.10. Vacancies.
The council shall fill a vacancy occurring in an elective city office as provided
by state law. (Ord. 76-2792, 1-2.1976)
Section 2.11. Council Action.
Passage of an ordinance, amendment or resolution requires a majority vote of
all the members of the council except as otherwise provided by state law,
(Ord. 05.4152; 3-1-2006).
Section 2.12. Prohibitlons.
A. A counciimember may not hold any other city office or be a city employee
or elected county official while serving on the council nor hold any
remunerated city office or employment for at least one year after leaving the
council. (Ord. 76-2792, 1-2-1976)
B. With the exception of the appointment'of the chief of the police department
and chief of the fire department, which are subject to approval of the city
council, neither the council nor Its members may dictate, in any manner, the
appointment or removal of any person appointed by the city manager.
However, the council may express Its. views to the city manager pertaining to
the appointment or removal of such employee. (Ord. 05-4152, 3-1-2005)
C. A councilmember may not interfere with the supervision or direction of any
person appointed by or under the control of the city manager. (Ord. 76-2792,
1-2-1976)
ARTICLE III. NOMINATION, PRIMARY ELECTION AND
REGULAR ELECTION
Section 3.01. Nomination.
A. An eligible elector of a council district may become a candidate for a council
district seat by filing with the city cleric a valid petition requesting that his or
her name be placed on the ballot fpr that office. The petition must be filed not
more than sixty-five (65) days nor less than forty (40) days before the date of
the election'and must be signed by eligible electors from the candidate's
district equal In number to at least two (2) percent of those who voted to fill the
Iowa City
same office at the last regular city election, but not less than ten (10) persons.
(Ord. 05.4152, 3-1-2005)
B. An eligible elector of the city may become a candidate for an at -large
council seat by filing with the city clerk a petition requesting that the
candidate's name be placed on the ballot for that office. The petition must be
filed not more than sixty-five (65) days nor less than forty (40) days before the
date of the election and must be signed by eligible electors equal in number
to at least two (2) percent of those who voted to fill the same office at the last
regular city election, but not less than ten (10) persons. (Ord. 85-3227,
3-12-1985)
Section 3.02. Primary Election.
A. If there are more than two candidates for a council district seat, a primary
election must be held for that seat with only the qualified electors of that
council district eligible to vote. The names of the two candidates who receive
the highest number of votes in the primary election are to be placed on the
ballot for the regular city election as candidates for that council seat. (Ord,
05-4152, 3-1-2005)
B. if there are more than twice as many candidates as there are at large
positions to be filled, there shall be a primary election held unless the council,
by ordinance, chooses to have a run -off -election. (Ord. 85-3227, 3.12-1985)
Section 3,03. Regular Clty Election.
A. In the regular city election, each council district seat up for election shall be
listed separately on the ballot and only the names of candidates nominated
from that council district shall be listed on the ballot as candidates for that
seat. However, all qualified electors of the city shall be entitled to vote for each
candidate. The three council district seats shall be designated on the ballot as
council district A, council district B and council district O and each shall be
elected at large.
B. The at large council seats shall be designated on the ballot as such. (Ord.
85.3227, 3-12-1985)
Iowa City
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment; Qualifications.
In appointing a city manager, the council shall consider only the qualifications
and fitness of the person without regard to political or other affiliation. During
his or her tenure the city manager shall reside within the city. (Ord, 76-2792, `\
1-2-1976)
Section 4.02. Accountability; Removal.
A. The city manager Is under the direction and supervision of the council and
holds office at Its pleasure. Unless otherwise provided by contract, a city
manager removed by the council Is entitled to receive termination pay of not
less than two months' salary, computed from the date of the resolution of
removal,
B. Upon the resignation or removal.of the city manager, the council shall
appoint an individual qualified to perform the duties of city manager to serve
at the pleasure of council or until a city manager is appointed. (Ord. 76-2792,
1-2.1976)
Section 4,03. Absence; Disability Of City Manager.
The city manager may designate a qualified city employee as acting city
manager to perform his or her duties during a temporary absence or disability.
If the city manager does not make such a designation, the council shall
appoint a qualified city employee to perform the duties of the city manager
until he or she returns, (Ord. 76-2792, 1-2-1976)
Section 4.04. Duties Of City Manager.
A. The city manager shall be chief administrative officer of the city and shall:
(1) Insure that the laws of the city are executed and enforced.
(2) Supervise and direct the administration of city government and the
official conduct of employees of the city appointed by the city manager
Including their employment, training, reclassification, suspension or
discharge as the occasion requires, subject to state law.
Iowa City
(3) Appoint the chief of the police department and the chief of the fire
department with the approval of the city council.
(4) .Supervise the chief of the police department and chief of the fire
department, including their suspension or discharge as the occasion
requires. Such supervision shall not be subject to approval of the city
council.
(5) Appoint or employ persons to occupy •,)sltions for which no other
method of appointment is provided by state law or this charter.
(6) Supervise the administration of the city personnel system, Including the
determination of the compensation of all city employees appointed by
the city manager subject to state law or this charter.
(7) Supervise the performance of all contracts for work to be done for the
city, supervise all purchases of materials and supplies, and assure that
such materials and supplies are received and are of specified quality
and character.
(8) Supervise and manage all public improvements, works and
undertakings of the city, and all city -owned property including buildings,
plants, systems, and enterprises, and have charge of their construction,
Improvement, repair and maintenance except where otherwise provided
by state law.
(9) Supervise the making and preservation of all surveys, maps, plans,
drawings, specifications and estimates for the city.
(10) Provide for the issuance and revocation of licenses and permits
authorized by state law or city ordinance and cause a record thereof to
be maintained.
(11) Prepare and submit to the council the annual budgets in the form
prescribed by state law.
(12) Provide the council an Itemized written monthly financial report.
(13) Attend council meetings and keep the council fully advised of the
financial and other conditions of the city and its needs.
(14) See that the business affairs of the city are transacted in an efficient
manner and that accurate records of all city business are maintained
and made. available to the public, except as otherwise provided by state
law.
Iowa City
(15) Provide necessary and reasonable clerical, research and professional
assistance to boards within limitations of the budget.
(16) Perform such other and further duties as the council may direct. (Ord.
05-4152, 3.1-2005)
B. The city manager, in performing the foregoing duties, may:
(1) . Present recommendations and programs to the council and participate in
any discussion by the council of any matters pertaining to the duties of
the city manager.
(2) Cause the examination and investigation of the affairs of any department
or the conduct of any employee under supervision of the city manager.
(3) Execute contracts on behalf of the city when authorized by the council.
(Ord. 853227, 3-12-1985)
Section 4.05. Ineligibility; Prohibited Acts.
Except for the exercise of the right to vote, the city manager shall not take part
.in any election of counciimembers. This prohibition shall in no way limit the city
manager's duty to make available public records as provided by state law or
this charter. (Ord. 76.2792, 1-2-1976)
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
With the exception of the police citizens review board, the council may establish
boards in addition to those required by state law and shall specify the title,
duties, length of term, qualifications of members and other appropriate matters,
The council may reduce or Increase a board's duties, transfer duties from one
board to another or dissolve any board, except as otherwise provided by state
law or this charter.
A. There shall be a permanent police citizens review board, which shall have
vested in it the following minimum powers:
1. To 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
December2007
Iowa City
department, and to make recommendations regarding such policies, practices,
and procedures to the city council;
2. To Investigate citizen claims of misconduct by sworn police officers and to
issue independent reports of Its findings to the city council; and
3. The authority to subpoena witnesses. (Res. 07-262, 8-31-2007)
Section 5.02. Appointment; Removal.
The council shall, subject to the requirements of state law, seek to provide
broad representation on all boards. The council shall establish procedures to
give at least thirty days' notice of vacancies before they are filled and shall
encourage applications by citizens. Council procedures for the removal of
members shall be consistent with state law. (Ord. 05.4152, 3-1-2005)
Section 5.03. Rules.
A. The council shall establish rules and procedures for the operation of all
boards, which must Include but are not limited to, the adoption of by-laws and
rules pertaining to open meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The council shall specify, for each board, methods for informal and formal
communication with council, time schedules for the completion of reports
requested by council and such rules as it deems appropriate.
C. A board may establish additional rules and procedures that are consistent
with state law, council rules, and this charter. (Ord. 76-2792, 1-2-1976)
ARTICLE Vt. CAMPAIGN CONTRIBUTIONS
AND EXPENDITURES
Section 6.01. Limitations On The Amount Of Campaign Contributions.
The council, by ordinance, shall prescribe limitations on the amount of
campaign contributions made to a candidate for election to council by a person
as defined in this charter. (Ord. 95.3671, 3-28-1995)
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Ima City
Section 0.02. Disclosure Of Contributions And Expenditures.
The council, by ordinance, may prescribe procedures requiring the disclosure of
the amount, source and kind of contributions received and expenditures made
by (1) each candidate for election to council and (2) any and all other persons,
for the purpose of aiding or securing the candidate's nomination or election.
(Ord. 05-4152, 3.1-2005)
Section 6.03, Definition.
Within this article "contribution" shall be defined as that term is defined in
chapter 56 ("campaign finance") of the code of Iowa. (Ord. 05.4152, 3-1-2005)
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lotaa City
Section 6.04. Violations.
The council, by ordinance, shall prescribe: (1) penalties for the violation of the
contribution limitations and disclosure requirements it establishes pursuant to
this section; and (2) when appropriate, conditions for the revocation of a
candidate's right to serve on council if elected, consistent with state law. (Ord.
05.4152., 3.1•-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General provisions. -
A. Authority.
(1) Initiative. The qualified electors have the right to propose measures to
the council and, if the council falls to adopt a measure so proposed
without any change in substance, to have the measure submitted to the
voters at an election.
(2) Referendum. The qualified electors have the right to require
reconsideration by the council of an existing measure and, if the council
fails to repeal such measure, to have it submitted to the voters at an
election.
(3) Definition. Within this article, "measure" means all ordinances,
amendments, resolutions or motions of a legislative nature, however
designated, which (a) are of a permanent_ rather than temporary
character and (b) include a proposition enacting, amending or repealing
a new or existing law, policy or plan, as opposed to one providing for
the execution or administration of a law, policy or plan already enacted
by council.
B. Limitations.
(1) Subject Matter. The right of Initiative and referendum shall not extend
to any of the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
(c) The appropriation of money,
coma City
(d) The levy of taxes or special assessments.
(a) The Issuance of general obligation and revenue bonds,
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(1) Amendments to this charter.
(i) Amendments affecting the city zoning ordinance or the land use
maps of the comprehensive plan, Including the district plan maps.
(k) Public Improvements subsequent to city council action to authorize
acquisition of property for that public improvement, or notice to bidders
for that public Improvement, whichever occurs earlier. "Public
Improvement" shall mean any building or construction work.
(2) Resubmission. No initiative or referendum petition shall be filed within
two years after the same measure or a measure substantially the same
has been submitted to the voters at an election.
(3) Council Repeal, Amendment And Reenactment. No measure proposed
by initiative petition and adopted by the vote of the council without
submission to the voters, or adopted by the voters pursuant to this
article, may for two years thereafter be repealed or amended except by
a vote of the people, unless provision Is otherwise made in the original
Initiative measure. No measure referred by referendum petition and
repealed by the vote of the council without submission to the voters, or,
repealed by the voters pursuant to this article, may be, reenacted for
two years thereafter except by vote of the people, unless provision is
otherwise made in the original referendum petition.
C. Construction.
(f) Scope Of Power. it Is intended that this article confer broad initiative
and referendum powers upon the qualified electors of the city.
(2) Initiative. It is intended that (a) no initiative petition will be invalid
because it repeals an existing measure in whole or in part by virtue of
proposing a new measure and (b) an initiative petition may amend an
existing measure.
Iowa City
(3) Referendum. It is intended that a referendum petition may repeal a
measure in whole or in part.
D. Effect Of Riling Petition. The filing of an initiative or referendum petition
does not suspend or invalidate any measure under consideration. Such
measure shall remain in full force and effect until Its amendment or repeal by
council pursuant to section 7.05A or until a majority of the qualified electors
voting on a measure vote to repeal or amend the measure and the vote is
certified.
E. City Obligations, An initiative or referendum vote which repeals an existing
measure in whole or In part does not affect any obligations entered into by the
city, Its agencies or any person In reliance on the measure during the time it
was in effect. (Ord. 05.4152, 3-1-2005)
Section 7.02. Commencement Of Proceedings; Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as
the "petitioners," may commence initiative or referendum proceedings by filing
with the city clerk an affidavit stating they will supervise the circulation of the
petition and will be responsible for filing It in proper form, stating their names
and addresses and specifying the address to which all relevant notices are to
be sent, and setting out in full the proposed initiative measure or citing the
measure sought to be reconsidered.
B. Affidavit. The city clerk shall accept the affidavit for filing if on Its face It
appears to have signatures of one or more qualified electors. The city clerk
shall issue the appropriate petition forms to the petitioners the same day the
affidavit Is accepted for filing. The city cleric shall cause to be prepared and
have available to the public, forms and affidavits suitable for the
commencement of proceedings and the preparation of initiative and
referendum petitions. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions; Revocation Of Signatures.
A. Number Of Signatures. Initiative and referendum petitions must be signed
by qualified electors equal in number to at least twenty-five percent of the
number of persons who voted In the last regular city election, but such
signatures shall be no fewerthan two thousand five hundred qualified electors.
Any petition that does not, on Its face, contain the minimum required
signatures defined herein shall be deemed Insufficient for filing under this
article, and no supplementary petition shall be permitted.. (Ord. 90.3462,
6-26-1990)
Iowa city
B. Form And Content. All papers of a petition prepared for filing must be
substantially uniform In size and style and must be assembled as one
instrument, Each person signing shall provide,. and the petition form shall
provide space for, the signature, printed name, address of the person signing
and the date the signature Is executed. The form shall also provide space for
the signer's birthdate, but a failure to enter a birthdate shall not invalidate a
signer's signature, Petitions prepared for circulation must contain or have
attached thereto throughout their circulation the full text of the measure
proposed or sought to be reconsidered. The petition filed with the city clerk
need have attached to it only one copy of the measure being proposed or
referred.
C. Affidavit Of Circulator. Each paper of a petition containing signatures must
have attached to it when flied an affidavit executed by a qualified elector
certifying: the number of signatures on the paper, that he or she personally
circulated it, that all signatures were affixed in his or her presence, that he or
she believes them to be genuine signatures of the persons whose names they
purport to be and that each signer had an opportunity before signing to read
the full text of the measure proposed or sought to be reconsidered. Any person
filing a false affidavit will be liable to criminal penalties as provided by state
law. (Ord. 05-4152, 3-1-2005)
D. Time For Filing Initiative Petitions. Signatures on an initiative petition must
be secured and the petition filed within six months after the date the affidavit
required under section 7.02A was filed. (Ord. 85-3227, 3-12-1985)
E. Time For Filing Referendum Petitions. Referendum petitions may be filed
within sixty days after final adoption by the council of the measure sought to
be reconsidered, or subsequently at anytime more than two years after such
final adoption, The signatures on a referendum petition must be secured
during the sixty days after such final adoption; however, if the petition is filed
more than two years after final adoption, the signatures must be secured
within six months after the date the affidavit required under section 7.02A was
filed. (Ord. 05-4152, 3-1-2005)
F. Revocation Of Signature. Prior to the time a petition is flied with the city
clerk, a signatory may revoke his or her signature for any reason by filing with
the oity,clerk a statement of his or her intent to revoke his or her signature.
After a petition Is filed a signatory may not revoke his or her signature. The
city clerk shall cause to be prepared and have available to the public, forms
suitable for the revocation of petition signatures, (Ord. 85-3227, 3-12-1985)
Iowa city
Section 7,04. procedure After Piling.
A. Certificate Of City Clerk; Amendment. Within twenty days after a petition Is
filed which contains the minimum required signatures, as set forth in section
7.03.A above, the city clerk shall complete a certificate as to the petition's
sufficiency, If the petition is Insufficient, the clerk's certificate shall specify the
particulars wherein the petition Is defective. The clerk shall also promptly send
a copy of the certificate to the petitioners by registered mail. A petition certified
insufficient may be amended once, provided, however, that one or more of the
original petitioners flies a notice of intention to amend the original petition.
Such notice must be filed with the city clerk within two days after receiving a
copy of the certificate, and the petitioner also must file a supplementary
petition upon additional ,papers within fifteen days after receiving a copy of
such certificate. Such supplementary petition shall comply with the.
requirements of subsections B and C of section 7.03, Within fifteen days after
a supplementary petition is flied, the city clerk shall complete a certificate as
to the sufficiency of the petition, as amended and supplemented, and shall
promptly send a copy of such certificate to the petitioners by registered mail,
as in the case of an original petition. If a petition or amended petition is
certified sufficient, or if the petition or amended petition is certified Insufficient
and one or more of the petitioners do not request council review under
subsection B of this section within the time prescribed, the city clerk shall
promptly present the certificate to the council,
B. Council Review. If a petition has been certified insufficient by the city cleric
and one or more of the petitioners do not file notice of intention to amend it,
or if an amended petition has been certified insufficient by the city clerk, one
or more of the petitioners may, within two days after receiving a copy of such
certificate, file with the city clerk a request that it be reviewed by the council.
The council shall review the certificate at its next meeting following the filing
of such a request, but•not later than thirty days after the filing of the request
for review, and shall rule upon the sufficiency of the petition.
C. Court Review. To the extent allowed by law, court review of the council's
actions shall be by writ of certiorari. (Ord. 05-052, 3-1-2005)
D. Validity Of Signatures, A petition shall be deemed sufficient for the
purposes of this article if it contains valid signatures in the number prescribed
by section 7.03 and is tlmely filed, even though the petition may contain one
or more invalid signatures. A signature shall be deemed valid unless It is not
the genuine signature of the qualified elector whose name It purports to be, or
it was not voluntarily and knowingly executed. A valid signature need not be
in the Identical form in which the qualified elector's name appears on the
voting rolls, nor may a signature be deemed invalid because the address
accompanying the name on the petition is different from the address for the
Ioma City
same name on the current voting rolls if the qualified elector's birth date Is
provided and is shown on the voting rolls. (Ord. 95-3671, 3-28-1995)
Section 7.05. Action On petitions.
A. Action By Council. When an Initiative or referendum petition has been
determined sufficient, the council shall promptly consider the proposed
initiative measure or reconsider the referred measure. If the council fails to
adopt a proposed initiative measure and falls to adopt a measure which Is
similar In substance within sixty days, or If the council falls to repeal the
referred measure within thirty days after the date the petition was finally
determined sufficient, It shall submit the proposed or referred measure to the
qualified electors of the city as hereinafter prescribed, If at any time more than
thirty days before a scheduled initiative or referendum election the council
adopts the proposed initiative measure or adopts a measure which is similar
in substance or if the council repeals a referred measure, the Initiative or.
referendum proceedings shall terminate and the proposed or referred measure
shall not be submitted to the voters.
B, Submission To Voters.
(1) Initiative: The vote of the city on a proposed measure shall be held at
the regular city election or at the. general election which next occurs
more than forty days after the expiration of the sixty day period
provided for consideration in section 7.05A, provided that the initiative
petition was filed no less than 110 days prior to the deadline Imposed
by state law for the submission of ballot questions to the commissioner
of elections.
(2) Referendum. The vote of the city on a referred measure shall be held
at the regular city election or at the general election which next occurs
more than forty days after the expiration of the thirty day period
provided for reconsideration in section 7.05A, provided that the
referendum petition was filed no less than 80 days prior to the deadline
imposed by state law for the submission of ballot questions to the
commissioner of elections. The council may provide for a special
referendum election on a referred measure any time more than 120
days after the filing of the referendum petition with the city clerk.
C, Ballot. Copies of the proposed or referred measure shall be made available
to the qualified electors at the polls and shall be advertised at the city's
expense in the manner required for "questions",in section 376.5 of the Iowa
Code. The subject matter and purpose of the referred or proposed measure
shall be Indicated on the ballot. (Ord. 05.4152, 3-1-2005)
Iowa City
Section 7.06. Results Of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed
Initiative measure vote In its favor, it shall be considered adopted upon
certification of the election results. The adopted measure shall be treated In
all respects in the same manner as measures of the same kind adopted by the
council, except as provided in section 7.01B(3). If conflicting measures are
approved by majority vote at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of such conflict.
B. Referendum. If a majority of the qualified electors voting on a referred
measure vote in favor of repealing the measure, it shall be considered
repealed upon certification of the election results. (Ord, 05-4152, 3-1-2005)
Section 7.07. Prohibition On Establishment Of Stricter Conditions Or
Requirements.
The council may not set, except by charter amendment, conditions or
requirements affecting initiative and referendum which are higher or more
stringent than those Imposed by this charter. (Ord. 76-2792, 1-2-1976)
ARTICLE Vill. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This charter may be amended only by one of the following methods:
A. The council, by resolution, may submit aproposed amendment to the voters
at a special city election, and the proposed amendment becomes effective
when approved by'a majority of, those voting.
B. The council, by ordinance, may amend the charter, However, within thirty
(30) days of publication of the ordinance, if a petition valid under the
provisions of section 362.4 of the code of Iowa is filed with the council, the
council must submit the amending ordinance to the voters at a special city
election, and the amendment does not become effective until approved by a
majority of those voting.
C. if a petition valid under the provisions of section 362.4 of the code of Iowa
Is filed with the council proposing an amendment to the charter, the council
must submit the proposed amendment to the voters at a special city election,
Iowa City
and the amendment becomes effective If approved by a majority of those
voting. (Ord. 05-4152, 3-1-2005)
Section 8.02. Charter Review Commission.
The council, using the procedures prescribed in article V, shall establish a
charter review commission at least once every ten years following the effective
date of this charter. the commission, consisting of at least nine members,
shall review the existing charter and may, within twelve months recommend
any charter amendments that it deems fit to the council. The council shall
either exercise Its power of amendment pursuant to section 8.0113 of the
charter on a matter recommended by the commission or submit such
amendments to the voters In the form prescribed by the commission; and an
amendment becomes effective when approved by a majority of those voting.
(Ord. 05-4152, 3.1-2005)
7atua City
CHARTER COMPARATIVE TABLE
The horne rule
charter is set out in this volurne as adopted by the voters on
November 15,
1973, and by ordinance
76-2792, on January 2, 1976. The
following table shows the disposition of amendments to the charter:
Ordinance
Number
Date
Disposition
77-2826
3-15.1977
6.01
77-2858
9.6.1977
7.056
77.2864
9.6-1977
3.01
85-3227
3-12-1985
Definitions 7,8, 2.01, 2,03,
2,05-2.08, 3.01-3.03, 4.04, 5.02,
6,04, 7.01-7.05, 8.01, 8.02
85.3228
3-12-1985
6.02
85-3273
12.17-1985
2.01
90.3462
6-26-1990
7.03A, 7,04A
95-3671
3-28-1995
2.0613, 2.08C,E, 3.01A, 6.01, 7,04D
05.4152
3.1-2005
Definitions 11,12, 2.03, 2.05, 2.11,
2.12B, 3.O1A, 3.02A, 4.04A, 5.02,
5.03A, 6,02, 6.03, 6.04, 7.01, 7.02,
7,03B,C,E, 7.04A,B,C, 7.05, 7.06,
8.01, 8.02
Res. 07-262
8-31-2007
5.01
December2007
Iowa City
0(-4
PAGE 10 J
2014-15 REVIEW
As of 2/10/15 mtg.
A. With the exception of the community police citizens review board, the council
may establish boards in addition to those required by state law and shall specify the
title, duties, length of term, qualifications of members and other appropriate matters.
The council may reduce or increase a board's duties, transfer duties from one board to
another or dissolve any board, except as otherwise provided by state law or this charter.
A: B. There shall be a permanent community police citizens review board, which shall
have vested in it the following minimum powers:
1. To hold at least one community forum each year
views on the policies, practices, and procedures of')
and
2. To make recommendations regarding
city council.
-2. 3. To investigate citizen claims b "sconduct by
independent reports of its findings to h c�;y`cFour
-. 4. The
Section 5.02.
purpose of hearing citizens'
>,City police department,.
practices,
to the
police officers and to issue
ffi .
The cps ei shall, s j�to t ��quiremeglsf state law, see to provide broad
represe ation on all bd . Th uncil shall establish procedures to give at least thirty
days' notice'a vacancies bb a the%f filled and shall encourage applications by
A\
citizens resideit .Council pr gdures for the removal of members shall be consistent
with state law. (0} i305-4152 4-2005)
Section 5.03. Rules.
A. The council shall establish rules and procedures for the operation of all boards, which
must include but are not limited to, the adoption of by-laws and rules pertaining to
open meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The council shall specify, for each board, methods for informal and formal
communication with council, time schedules for the completion of reports requested by
council and such rules as it deems appropriate.