HomeMy WebLinkAbout06-16-2015 Citizens Police Review BoardMEMORANDUM
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
May 18, 2015
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on June 16, 2015
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 06/16/15
• Minutes of the meeting on 05/20/15
• Office Contacts —April 2015
• Office Contacts — May 2015
• Complaint Deadlines
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more
information see: www.NACOLE.org
AGENDA
CITIZENS POLICE REVIEW BOARD
June 16, 2015 — 5:30 P.M.
IOWA CITY PUBLIC LIBRARY, RM E
123 South Linn Street, IC
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 05/20/15
ITEM NO. 3 OLD BUSINESS
• Community Forum
ITEM NO.4
NEW BUSINESS
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7
STAFF INFORMATION
ITEM NO. 8
CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22-7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
ITEM NO. 9
MEETING SCHEDULE and FUTURE AGENDAS
• July 14, 2015, 5:30 PM, Helling Conference Rm
• August 11, 2015, 5:30 PM, Helling Conference Rm
• September 8, 2015, 5:30 PM, Helling Conference Rm
• October 13, 2015, 5:30 PM, Helling Conference Rm
• November 10, 2015, 5:30 PM, Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
•Q; ITO
CITIZENS POLICE REVIEW BOARD
MINUTES - May 20, 2015
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:35 P.M.
MEMBERS PRESENT: Fidencio Martinez, Joseph Treloar
MEMBERS ABSENT:
Royceann Porter, Mazahir Salih
STAFF PRESENT:
Legal Counsel Pat Ford and Staff Kellie Tuttle
STAFF ABSENT:
None
OTHERS PRESENT:
Sargent Chris Akers of the ICPD
RECOMMENDATIONS TO COUNCIL
None
CONSENT CALENDAR
Motion by Treloar, seconded by Martinez, to adopt the consent calendar as presented or
amended.
• Minutes of the meeting on 04/07/15
• Minutes of the meeting on 04/28/15
• ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 1st Quarter 2015)
• ICPD Department Memo #15-12 (February 2015 Use of Force Review)
• ICPD Use of Force Report - February 2015
• ICPD Department Memo #15-15 (March 2015 Use of Force Review)
• ICPD Use of Force Report - March 2015
• ICPD Department Memo #15-16 (April 2015 Use of Force Review)
• ICPD Use of Force Report - April 2015
Motion carried, 3/0, Porter and Salih absent.
OLD BUSINESS
Community Forum - Staff handed out transcriptions and a draft summary. Jensen explained
that it was a brief summary of what each speaker said. She asked how the Board would like to
respond to questions that were asked or how to address misunderstandings. One way would
be to respond within the forum summary. Jensen also suggested sending a copy of the forum
summary to those who spoke at the forum and provided their address. Ford explained that he
misunderstood what the purpose of the forum was. He did not think it was a question and
answer forum so he did not think it was the time or place to respond to questions and therefore
people were frustrated. Limitations of the Board and what they can and can't do could have
been answered. Jensen stated that the forum doesn't always need to be handled the same
way and this is an opportunity to re -think how the forum is handled. The Board agreed to
review the material and Jensen would gather feedback and insert into the summary.
NEW BUSINESS
None.
C�3?
May 20, 2015
Page 2
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
Tuttle informed the Board that the Charter Review recommendations were approved by the
City Council which included the name change for the Board to Community Police Review
Board. Staff will work on updating the City Code, By -Laws, Standard Operating Procedures,
and forms to reflect the name change. She also stated that the City would be unveiling a new
website soon and staff will be looking at the Board webpage content. The draft of the annual
report will be distributed with July meeting materials. Tuttle also had the Board review the final
product of the educational video. Tuttle stated that it will be on the City website, City Channel
4, Board members can request a copy to use at speaking engagements, and there will also be
a press release linking to the video.
EXECUTIVE SESSION
Motion by Martinez, 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, Porter and Salih absent. Open session adjourned at 6:07 P.M.
REGULAR SESSION
Returned to open session at 6:30 P.M.
Motion by Treloar, seconded by Martinez to set the level of review for CPRB Complaint #15-01
to 8-8-7 (13)(1)(a), On the record with no additional investigation.
Motion carried, 3/0, Porter and Salih absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• June 9, 2015, 5:30 PM, Helling Conference Rm (rescheduled TBD)
• July 14, 2015, 5:30 PM, Helling Conference Rm
• August 11, 2015, 5:30 PM, Helling Conference Rm
• September 8, 2015, 5:30 PM, Helling Conference Rm
CPRB
May 20, 2015
Page 3
Treloar will be unavailable June 5-9. Staff will check into meeting rooms to reschedule for June
16th
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Martinez.
Motion carried, 3/0, Porter and Salih absent.
Meeting adjourned at 6:34 P.M.
CITIZENS POLICE REVIEW BOARD
(Formerly Police Citizens Review Board)
ATTENDANCE RECORD
YEAR 2014-2015
(Meeting Date)
TERM
6/11
8126
9/15
10/13
11/10
11/25
12/3
12/8
12/29
2/10
3/10
4/1
1128
5120
NAME
EXP.
Melissa
9/1/16
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Jensen
Donald
9/1/15
---
---
---
---
---
---
---
---
---
---
---
---
---
---
King
Joseph
9/1/17
X
X
X
X
X
X
01E
X
X
X
X
X
O/E
X
Treloar
Royceann
9/1/16
X
X
O
X
O
O
X
X
X
O
X
X
X
0
Porter
Mazabir
9/1/17
O/E
O
X
X
X
X
X
X
O/E
X
O/E
X
X
O/E
Salih
Maxime
9/1/15
---
X
---
---
---
---
---
---
---
---
---
---
---
---
Tremblay
Fidencio
9/1/15
---
---
---
---
X
X
X
X
01E
X
X
O
X
X
Martinez
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Not a Member
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
April 2015
Date Description
None
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
May 2015
Date Description
June 16, 2015 Mtg Packet
CPRB COMPLAINT DEADLINES
CPRB Complaint #15-1
Filed: 03/04/15
Chief's Report due (90days): 06/02/15
Chief's Report filed: 04/30/15
CPRB Mtg #1 (Review) 05/20/15
CPRB Mtg #2 06/16/15
CPRB Report due (90days): 07/29/15
CPRB Complaint #15-2
Filed: 03/18/15
Chief's Report due (90days): 06/16/15
Chief's Report filed: 05/21/15
CPRB Mtg #1 (Review) 06/16/15
CPRB Report due (90days): 08/19/15
TENTATIVE MEETING SCHEDULE
July 14, 2015
August 11, 2015
September 8, 2015
October 13, 2015
ULL/—(p, ',�/*
fit
May 20", 2015
Iowa City City Council
City of Iowa City
410 East Washington St
Iowa City, Iowa 52240
Re:
The Iowa City Citizen Police Review Board (CPRB)
2015 at 6:00 p.m. Members at the forum were P
and Fidencio Martinez. Legal counsel Pat Ford w.
The forum opened with a roll call vote jfin intr
received for the forum. Jensen shared
including brochures, both in English and ish'i
of the CPRB given, along with an update on vil
t
Following the above, tsen opened up the for
Brianna Gore, Robert 41 , Adam Sullivan, Shawl
Laticia McDaniel, Tessa H ", , and Annie Tucker
Citizen Police Review Board Annual Community Forurn
ie annual Comm rarity Forum, Tuesday, April 28,
Jensen (Chair), Royce.!nn Porter, Mazahir Salih,
present. Joe Treloar (Vice ."hair) was absent.
:4'r minbers. No correspondence was
ation` available in the back of the room
N:.
as com forms. There was a brief overview
,n to be avaooie-
blic discussion. Julie VanDyke, Fatima Omar,
gin, Heidi Kuthata, Harry Olmstead, Joseph Hall,
m Iowa City) spoke.
Questi is and concerns raised at the Forum are addressed below.
1. Community member asked for clarification the responsibilities and authority of the Citizen Police
Review Board-'`,,
Established in 1987, by ordin it97-3792, the Iowa City Citizen Police Review Board (CPRB)
consists of five member\s, a_p nted by the City Council. The CPRB has its own legal counsel. The
Board was established Z ` iew investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Departments investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting
forth the numbers, types and disposition of complaints of police misconduct. The Board holds at
least one community forum each year for the purpose of hearing citizen views on policies, practices
and procedures of the Iowa City Police Department. TO achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines. The Board has limited powers under City and State law, and has no authority over
criminal mattes or discipline.
2. A concern was expressed about the use of repurposed military equipment, particularly "MRAP's.
MRAP or Mine Resistant Ambush Protection is a term for vehicles that were originally designed to
withstand IED's and ambushes, or allow occupants to survive gunfire. Johnson County Sheriff
Department has a MRAP that can be utilized or deployed by any local law enforcement agency or
the Emergency Management Agency for emergency and disaster responses and for a variety of
public safety missions.
According to the Iowa City Police Department, the MRAP has,'Woftutilized only for high risk
situations. Permission must be obtained and there has to s high risk of a firearms encounter.
The department does have a Special Response Team (SjM4oThey do have weapons and tactics
that are above the skill set of the average police office$ ,ihese 6 rs train constantly and are
highly disciplined for the sole purpose of minimizing the risk to theh;ves and the potential rescue
of an innocent member of the community should there be an armed nter.
3. There was discussion on the use of body cameras, In checking,with the low Police
Department, body cameras have been ordered and delivery is expected very sAn exact date
for delivery is unknown. The polic(r iding the use of video Cameras will be su - ed to the City
Council and public prior to implem The ACLU and Cii.y Legal provided assistance in the
drafting of the policy. 't
4. A couple community members shared pe al belief and expressed concern about the perception
of racial disparity and profiling. '.
5. Other concerns expressed were reg,irding diversity in the police department, and the need to
address human —slave trade. `•,
At the conclusion of comments from the public, the Board thanked the audience for their input. Jensen
called for the meeting to be adjourned.
Melissa Jensen
Chair
Citizen Police Review
Additional Resources:
Iowa City City Code — Chapter 8 — Citizen Police Review Board:
To view the City Code online, go to www.icgov.org. Go to Government, select City Code, Title 8,
Chapter 8.
Citizen Police Review Board — Website Information
General information about the Board and its current r
access board packets, the complaint form, forum sum
annual reports, click "More Information Available" on
online, go to www.icgoy.org, Government, select
Board. '
s is on the main webpage. To
public complaint reports, and
in webpage. To view information
tnmissions, Citizen Police Review
Iowa City Police Department General Orders
Wide ranges of written directive5,&uide members of the Iowa City Police De ent. These
directives range from Federal _' :end Local laws orCodes to Memorandums, which identify
the manner in which the depa Not tts business'. Included in these directives are the
General Orders of the Iowa City Po De nt.
General orders p jance to rs in h dle a v-rriety of different situations.
While they m ides is recom the t necessarily intended as a step
by step guide, l ore as a w to con Lisiness" refe'ence, for members of the
department. The s are Waded into m ale general headings ranging from Personnel to
Oper-itiow. To view go to w.ic ov.or , Police Department webpage,
select General Orders froipI*e list on si bf the page.
In June N-the Iowa City City Council established the Diversity Committee which was
formulave as an ad -hoc council committee to review issues relating to diversity within
the CityLion The Equity Director is appointed by the City Manager, the Equity Director
serves as advisor to; FCity Manager on issues of equity and diversity, and coordinates the
City's efforts and initiatives with regard to education, customer service, partnerships, and
publishing an annual comprehensive equity report. To view information online, go to
www.icgov.ora. Human Rights, Diversity Initiative.
Johnson County MRAP Fact Sheet:
See attached.
JOHNSON COUNTY MRAP FACT SHEET
What does MRAP stand for? Mine Resistant Ambush Protection.
What is an MRAP (an armored vehicle)? It is designed to allow its occupants to survive gunfire of any
caliber and to allow for the survival of its occupants from either a rocket propelled grenade, a pipe
bomb, a car bomb or for that matter against any type of explosive charge.
Who made it? The Federal Government bought MRAPs from two United States companies, Oshkosh and
BAE Industries (formerly known as Armor Holdings). Johnson County and several Iowa counties have a
Caiman MRAP Variant which was built by BAE Industries in Sealy, Texas. It was used by the U.S.
Department of Defense as an armored troop transport to get people out and back alive during conflicts.
There are many different variants, but this is what this model of MRAP did when the U.S. Army originally
owned it
Does it have any offensive weapons? No! The Federal Government 1033 Program removes the only
offensive weapon system that was originally installed on top of it. That system was used by the military
for counter assault when the vehicle came under attack. It also removed the night vision,
communications, active armor that was used to counter rocket propelled grenades the ballistic turret
and gun mount systems. Offensive weaponry is always removed by the Federal Government prior to
releasing any MRAP to law enforcement agencies nationwide.
How old is the Johnson County MRAP and what are the specs? The U.S. Department of Defense
required upgrades to all MRAPs to meet the latest technology before the conclusion of the wars in
Afghanistan and Iraq. The Johnson County MRAP was factory rebuilt to "like new' condition in February
2013 and early 2014. At that time, the data plate was updated to reflect its entirely new drive train,
power plant/engine and new front engine; mechanically, all but the crew area has seen upgrades. (See
photo below). The MRAP has six new run flat tires, ten new seats and new spare parts including
additional tires. It has an emergency light and siren/p-a system, a large spotlight mounted on the roof,
and a backup camera. All told, the MRAP can haul 10 people in seats with additional room in the
center, and it is capable of transporting two additional people lying flat on a stretcher. In addition to
being a 6-wheel-drive vehicle, the MRAP has a CTIS or central tire inflation system that allows for air
adjustments for snow, sand, mud or highway driving and inflates and deflates or refills air in and out of
each tire as needed for the different modes. It has a 110 power -inverter and both a 12-volt and 24-volt
system and a new recovery winch on the front. It uses a commercial Caterpillar C7 diesel 6 cylinder
engine and Allison transmission, both of which have readily available parts that can be obtained locally
and through dealers.
How was it acquired? It was obtained as a Federal Property Transfer which means it wasn't purchased
by a local agency; instead it was transferred from a Federal agency to a local law enforcement agency,
The program is open to only law enforcement agencies and is called the LESO 1033 Program.
Who owns it? The short answer is the Johnson County Sheriff's Office; however, it is a shared
countywide resource much like the special response vehicles such as the Countywide Bomb Truck, and
the Countywide Haz Mat Truck. These vehicles, along with the MRAP, areal I covered by the Emergency
Management Commission for liability insurance. The MRAP has been signed over to the Johnson County
Sheriff's Office, but once it is at the end of its useful life, it must be returned to the Department of
Defense for disposal.
What does it cost to insure per year? Since the MRAP can be returned to the Federal Government in
any condition at its end of its useful life, the MRAP is only covered for liability insurance. The cost to
cover liability insurance for 12 months is presently $270.00through ICAP municipal insurance carrier
and is insured on the policy carried by the Johnson County Emergency Management Commission.
What did the Federal Government pay for it originally? The cost to U.S. Department of Defense new
was $733,000.00
What did it cost locally to get it and make it so it was useful to Johnson County? Local costs to date
were covered using local drug forfeiture or "seizure" funds. This included shipping it on a flatbed semi
from the BAE Plant in Texas to Johnson County for $3,500.00 and it was painted tactical black instead of
the original military sand brown color. That cost was just over $5,000.00 and there were also costs for
adding a backup camera and emergency lights to it. The total covered by seizure funds split equally from
the drug taskforce member agencies is right at $13,000.00 which even included the fuel it has used and
the fees for instructor operator training.
Why get it? It was acquired as a Defensive Vehicle. It has no weapons systems, gun mounts or a turret
on it. It allows officers to save lives and safely remove wounded persons as well as deflect the blasts
from bombs. Pipe bombs (which are not uncommon) will have little impact on this vehicle. Parking this
vehicle on or near a volatile situation will provide shielding until bomb team professionals can come and
safely remove a hazardous device. The MRAP will also allow officers to go into hostile situations
reducing the risk of being shot and would allow safe rescue of citizens from gunfire situations. Johnson
County is not immune to shootings and other dangerous situations. Since its primary use is for hostile
active shooter or explosive device situations, it is basically a ballistic shield on wheels for up to 10 seated
occupants and is capable of transporting 2 medical stretchers patients lying flat for use in transporting
wounded or injured people. The MRAP can also be used in natural hazards. Johnson County as recently
as 2011, had winter storms so severe that 4x4s and HUMVEES got stuck. Deep snow or high water
events, where ground clearance and mobility are a problem for standard four wheel drive vehicles, can
now be handled with the acquisition of the MRAP.
What are its uses? It can be utilized or deployed by any local law enforcement agency or the Emergency
Management Agency for emergency and disaster responses and for a variety of public safety missions.
In fact, during the 2014 summer floods its first call out was to rescue people from their flooded property
south of Hills. The area in question had no way to get a boat to the residence but yet the water was too
deep for a standard 4x4 patrol truck to respond to. Therefore a deputy in a lifejacket and waders with a
rescue tether was used as a spotter to make sure the vehicle stayed on the hard surface of the roadway
and led the MRAP operator and team to complete the rescue. The truck made its way through waist
high water at the deepest point to access the properties and allow the people to evacuate their
residence in the safety of the vehicle. The story was covered by KCRG TV and is available on their
website.
How much does it weigh? After removal of all the non -useful mounts and other non -essential items,
Iowa DOT motor vehicle officials determined the following:
Left Side Right Side Total
Axle 1 9,700lbs. 9,100lbs. 18,800lbs.
Axle 2 8,700lbs. 8,500 lbs. 17,200lbs.
Axle 3 8,600lbs. 8,100 1Ins. 16,700lbs.
Total Vehicle Weight is: 52,700lbs.
So how does that compare to other vehicles on the road?
Here are the weights of some common vehicles you will see in Johnson County. A fully loaded tandem
axel Johnson County Secondary Roads dump truck hauling a load of gravel or sand weighs in at 65,000
lbs. loaded, a fire department ladder truck, like the one Iowa City Fire Department calls Truck 1, weighs
in at 73,400lbs., and a standard fully loaded cement truck weighs about 70,0001bs. The MRAP is slightly
lighter than these types of trucks and has similar fuel standards at about 5-7 miles per gallon of diesel
fuel.
Are the drivers trained? Yes, drug seizure funds were used to hire a U.S. Army Reservist to teach the 24-
hour MRAP operator course to members of various local public safety agencies that had experience in
driving large trucks or had prior military experience. Though not required, most operators have Class -A
drivers licenses with airbrake endorsements. Many had driven similar or sometimes even the exact
same trucks in the military. Presently eight people are MRAP operators. Operation and maintenance
manuals were provided to the mechanics and the drivers who operate it by the government.
Can it go anywhere? No! Every vehicle has its limitations and part of the 24-hour driver training and
safety course required for MRAP driving certification took the trainees to the Iowa City landfill with the
purpose of teaching them its limitations and what gets it stuck and what it can get through. It is a 6x6 all
terrain high ground clearance vehicle with a heavy duty recovery winch on the front of it. The high
ground clearance combined with the 6-wheel-drive capability plus the vehicle weight, allows it to go
through deep snow, water, some dirt and mud etc.
Has it ever been stuck since we got it? Yes, twice intentionally at the landfill and it was pulled out with
a bulldozer both times. This was to allow operators to see what it can and can't do and its limitations.
Also during training, one operator pulled over on the shoulder of a gravel road to switch drivers and the
truck sank into the soft shoulder and had to be pulled out by a towing company. That towing bill was
also paid for using drug seizure funds. Though it was an unplanned incident it also proved to be a
valuable lesson to the operators taking the course. The rut was re -graded after the truck was pulled
free.
Who else has them? There are 15 MRAP or armored vehicles used by public safety agencies in Iowa
Below is the list as of August 2014.
``yam Station Name {LEA)
Item Name
OuantityModel ,
JOHNSON COUNTY SHERIFF DEPT
MRAP
t 6x6 Caimen MRAP
BLACK HAWK COUNTY SHERIFF DEPT
MRAP
t 6x6 Caimen MRAP
MUSCATINE POLICE DEPT
MRAP
t 6x6 Caimen MRAP
SIOUR CITY POLICE DEPT
MRAP
t 6x6 Caimen MRAP
MARSHALLTOWN POLICE DEPARTMENT
MRAP
t 6x6 Caimen MRAP
STORM LAKE POLICE DEPT
MRAP
t 6x6 Caimen MRAP
JASPER COUNTY SHERIFF DEPT
MRAP
16x6 Caimen MRAP
WASHINGTON POLICE DEPT
MRAP
'I 6x6 Caimen MRAP
MA30N CITY POLICE DEPT
MRAP
16x6 Caimen MRAP
STORY COUNTY SHERIFF'S OFFICE.
MRAP
t 6x6 Caimen MRAP
BUENA VISTA COUNTY SHERIFFS OFFICE
MRAP
1 4X4 OSHKOSH MAX PRO
SCOTT COUNTY SHERIFFS OFFICE
MRAP
16X6 MRAP RG33
WATERLOO POLICE DEPT
LENCO BEARCAT
I Lenco Bearcat
DES MOINES POLICE DEPT
LENCO BEAR
T Lenco Bear
Ls,W'd POLICE DEPT
PEACEKEEPER
I PEACEKEEPER
Can we see photos?
Data Plate below:
Rear crew compartment with 4 seats per side. The stretcher mounts are in between seats and swing
down when needed and up out of the way when not in use
Inside up front with portable radio mounts, antenna connections, the siren/pa box, and the backup
camera monitor shown
Picture of the side and front of it below with winch and spotlight shown