HomeMy WebLinkAbout07-15-2015 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
(formerly Citizens Police Review Board)
A Board of the City of Iowa City
DATE:
July 15, 2015
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on July 20, 2015
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 07/20/15
• Minutes of the meeting on 06/16/15
• ICPD Department Memo #15-17 (May 2015 Use of Force Review)
• ICPD Quarterly Summary Report IAIR/CPRB, 2°d Quarter 2015
• ICPD General Order 99-06 (Internal Affairs Investigations)
• Office Contacts — June 2015
• Complaint Deadlines
• DRAFT CPRB FY15 Annual Report
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
COMMUNITY POLICE REVIEW BOARD
(formerly Citizens Police Review Board)
July 20, 2015 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington 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 06/16/15
• ICPD Department Memo #15-17 (May 2015 Use of Force Review)
• ICPD Quarterly Summary Report IAIR/CPRB, 2"d Quarter 2015
• ICPD General Order 99-06 (Internal Affairs Investigations)
ITEM NO. 3 OLD BUSINESS
ITEM NO. 4
NEW BUSINESS
• DRAFT CPRB FY15 Annual Report
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
• 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
DRAFT
CITIZENS POLICE REVIEW BOARD
MINUTES — June 16, 2015
CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:42 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: None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Forum Summary
(2) Accept CPRB Report on Complaint #15-01
CONSENT CALENDAR
Motion by Treloar, seconded by Martinez, to adopt the consent calendar as presented or
amended.
• Minutes of the meeting on 05/20/15
Motion carried, 3/0, Porter and Salih absent.
OLD BUSINESS
Community Forum — A second draft of the forum summary was handed out at the meeting.
After review there were no changes by the Board.
Moved by Martinez, seconded by Treloar, to forward the forum summary to the City Council.
Motion carried, 310, Porter and Salih absent.
NEW BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
None.
CPRB
June 16, 2015
Page 2
EXECUTIVE SESSION
Motion by Treloar, 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, 3/0, Porter and Salih absent. Open session adjourned at 5:51 P.M.
REGULAR SESSION
Returned to open session at 6:11 P.M.
Motion by Treloar, seconded by Martinez to dismiss CPRB Complaint #15-01 and forward the
Public Report to City Council.
Motion carried, 3/0, Porter and Salih absent.
Motion by Treloar, seconded by Martinez to set the level of review for CPRB Complaint #15-02
to 8-8-7 (13)(1)(a), On the record with no additional investigation.
Motion carried, 3/0, Porter and Salih absent.
v IAIIVE MEETING SGHEDULE and FUTURE AGENDAS (subject to
• July 14, 2015, 5:30 PM, Helling Conference Rm (Rescheduled to July
• July 20, 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
Motion by Jensen, seconded by Martinez to reschedule the July meeting to Monday, July 20t"
at 5:30 P.M.
Motion carried, 3/0, Porter and Salih absent.
ADJOURNMENT
Motion for adjournment by Treloar, seconded by Martinez.
Motion carried, 3/0, Porter and Salih absent.
Meeting adjourned at 6:14 P.M.
CITIZENS POLICE REVIEW BOARD
(Formerly Police Citizens Review Board)
ATTENDANCE RECORD
YEAR 2014-2015
(Meeting Date
TERM
8126
9/15
10/13
11/10
11/25
12/3
12/8
12/29
2/10
3/10
all
4128
5/20
6116
NAME
EXP.
Melissa
9/1I16
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Jensen
Joseph
9/1/17
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
Treloar
Royceann
9/1116
X
O
X
O
O
X
X
X
O
X
X
X
O
0/E
Porter
Mazahir
9/1117
O
X
X
X
X
X
X
WE
X
O/E
X
X
O/E
O
Salih
Fidencio
9/1/15
---
---
---
X
X
X
X
O/E
X
X
O
X
X
X
Martinez
KEY: X —
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
-- =
Not a Member
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
June 16, 2015
Iowa City City Council
City of Iowa City
410 East Washington St
Iowa City, Iowa 52240
Re: Citizen Police Review Board Annual Community Forum
The Iowa City Citizen Police Review Board (CPRB) held the annual Community Forum, Tuesday, April 28,
2015 at 6:00 p.m. Members at the forum were Melissa Jensen (Chair), Royceann Porter, Mazahir Salih,
and Fidencio Martinez. Legal counsel Pat Ford was also present. Joe Treloar (Vice Chair) was absent.
The forum opened with a roll call vote and an introduction of members. No correspondence was
received for the forum. Jensen shared there was information was available in the back of the room
including brochures, both in English and Spanish, as well as complaint forms. There was a brief overview
of the CPRB given, along with an update on the video soon to be available.
Following the above, Jensen opened up the forum for public discussion. Julie VanDyke, Fatima Omar,
Brianna Gore, Robert Smith, Adam Sullivan, Shawn Gerden, Heidi Kuchata, Harry Olmstead, Joseph Hall,
Laticia McDaniel, Tessa Heeren, and Annie Tucker (all from Iowa City) spoke.
Questions and concerns raised at the Forum are addressed below.
Community member asked for clarification on the responsibilities and authority of the Citizen Police
Review Board.
Established in 1987, by ordinance #97-3792, the Iowa City Citizen Police Review Board (CPRB)
consists of five members, appointed by the City Council. The CPRB has its own legal counsel. The
Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police 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 been utilized only for high risk
situations. Permission must be obtained and there has to be a high risk of a firearms encounter.
The department does have a Special Response Team (SRT) and they do have weapons and tactics
that are above the skill set of the average police officer. These officers train constantly and are
highly disciplined for the sole purpose of minimizing the risk to themselves and the potential rescue
of an innocent member of the community should there be an armed encounter.
3. There was discussion on the use of body cameras. In checking with the Iowa City Police
Department, body cameras have been ordered and delivery is expected very soon. An exact date
for delivery is unknown. The policy regarding the use of video cameras will be supplied to the City
Council and public prior to implementation. The ACLU and City Legal provided assistance in the
drafting of the policy.
4. A couple community members shared personal belief and expressed concern about the perception
of racial disparity and profiling.
5. Other concerns expressed were regarding 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 Board
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 members is on the main webpage. To
access board packets, the complaint form, forum summaries, public complaint reports, and
annual reports, click "More Information Available" on the main webpage. To view information
online, go to www.iceov.or�, Government, select Board & Commissions, Citizen Police Review
Board.
Iowa City Police Department General Orders
Wide ranges of written directives guide members of the Iowa City Police Department. These
directives range from Federal. State, and Local laws or Codes to Memorandums, which identify
the manner in which the department does its business. Included in these directives are the
General Orders of the Iowa City Police Department.
General orders provide guidance to officers in how to handle a variety of different situations.
While they may provide specific recommendations, they are not necessarily intended as a step
by step guide, but more as a "how to conduct business" reference, for members of the
department. The orders are divided into multiple general headings ranging from Personnel to
Operations. To view information online, go to www.icgov.org, Police Department webpage,
select General Orders from the list on the left side of the page.
Iowa City Diversity Initiative:
In June 2012, the Iowa City City Council established the Diversity Committee which was
formulated to serve as an ad -hoc council committee to review issues relating to diversity within
the City organization. The Equity Director is appointed by the City Manager, the Equity Director
serves as advisor to the City 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.org 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, are all 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 $270.00 through 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 summerfloods 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 44 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 8,700 lbs. 8,500lbs. 17,200 lbs.
Axle 3 8,600 lbs. 8,1001bs. 16,700 lbs.
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
Ibs. loaded, a fire department ladder truck, like the one Iowa City Fire Department calls Truck 1, weighs
in at 73,400 lbs., and a standard fully loaded cement truck weighs about 70,000 lbs. 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.
`tT Station W-Yns IILEf
I 'Items Name
joua"j Yu9c&A
JOHNSON COUNTY SHERIFF DEPT
MRAP
16x6 Caimen FARAP
BLAB,A', HAWK CCUN—I f SHERIFF DEPT
mwP
l 6x6 Caimen FARtAP
tAUSCATIRIE POLICE DEPT
MPA,P
16x6 Caimen IMIRL4P
SIOUHCM( POL➢CE DEPT
MRAP
1 6x6 Caimen MRAP
L,9ARSK4LTYb''ePJ DOUCE DEPARTMENT
URA.P
.1 6xt Caimen MRAP
STC)RILt LAKE POLICE DEPT
411RA,P
16x6 Caimen MRAP
JASPER COUNTY SHERIFF DEPT
MRAP
16xCr Caimen MRAP
WASHINGTON POLICE DEPT
MRAP
16x6 Caimen MRAP
MkSCM CTY PCPL.ICEDEFT
MRAP
'I 6x6 Caimen MRAP
STORY COUNTY SHERIFFYl, OFFICE
MRAP'I
6x6 l''..3iITBE!9"a MRAP
EUERAVIR-M COUIITFY SHERIFF'S: OFFICE
MRAP
14X4 OSHIKOSH MAX PRO
SCOTT COUNTY SHERIFF'S OFFICE
PJRAP
I CM MIR-'aP RG'33
WATERLOO POLICE. DENT
LEMCO SEARC'P°r
'I LE.nco Peat cat
DES MOI'NES PC'KILZ DEPT
LENCO BEAR
1 Lenco Beal"
L-Wlars, POLtlCE DENT
PEACCE:KEEPEP'�
t 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 upfront 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
April 28, 2015 Citizens Police Review Board Annual Community Forum Page I
Board Members Present:
Board Members Absent:
Staff Present:
Melissa Jensen (Chair), Royceami Porter, Mazahir Salih. Fidencio
Martinez
Joseph Treloar
Pat Ford (legal counsel)
CALL TO ORDER & ROLL CALL:
Jensen/ Okay, if we could go ahead and like to call the meeting to order. Um, first off I gotta do
roll call. So ... Joe Treloar is our Vice Chair and he's absent. Fidencio Martinez.
Martinez/ Present.
Jensen/ Royceann Porter.
Porter/ Present.
Jensen/ Mazahir Salih.
Salih/ Here.
Jensen/ And Pat Ford.
Ford/ I'm here as well.
Jensen/ Thank you very much!
INTRODUCTION OF BOARD & BRIEF OVERVIEW:
Jensen/ Okay, um, just a really quick overview for the folks in attendance. Sorry about that!
Have to remember to speak into the microphone. Um, we're going to do just a quick
introduction of the Board Members. So... if you don't know some of the Members, you
can learn who they are and ... if...if we would, uh, as we share the information, how long
we've been on the Board just for ... for everybody's information, and then if there's
anything else I'd like to share. So ... Royceann, if you want to start!
Porter/ My name is Royceann Porter and I've been on the Board since March of 2010.
Jensen/ Okay, and I'm Melissa Jensen. I'm the Chair of the CPRB and I've been on since...
November of 2010. Uh, Joe Treloar, our Vice Chair, has been on since...I believe 2009,
Saliah/ Mazahir Salih, I'm on the Board for two years now.
Martinez/ My name is Fidencio Martinez and I've been on the Board for about five months.
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Revicw Board Annual Community Forum Page
Ford/ My name is Pat Ford. I am not a Board Member. I am the legal counsel for the Board.
I'm an attorney here in Iowa City and I've been, uh, in that capacity about a year.
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS:
Jensen/Okay! Um, Item #3 on the agenda tonight is—uh, considering a motion to accept
correspondence and/or documents. We received no correspondence, so there is nothing
to accept. So we'll move on to... um, just a...I'd like to do just a quick overview. if
you've heard this before bear with me, um, but I feel .... I'd be remiss if didn't share the
information. A couple of things on the table, the back table, there are, um, brochures
about the CPRB. They are both in English and in Spanish. It ... just kind of an overview,
talks about the process. There's also some other information that lists things like the City
web site, utu, and other resources, places you can get information, and then there are
forms for the complaint process, so that you can see how that works, as well, Um, so
those are back there. Feel free to pick those up, um, and read through those. Um, quick
overview. The Board was, tih, originally formed in 1990. and... couple things kind of
interesting — it was originally named the Police Citizen Review Board, and a couple of
years ago that was changed, based on feedback from the community, to the Citizen Police
Review Board. Most recently, um, upon recommendation from the Charter Review
Commission, there was a suggestion to Council to... change the name again, but, uh, I
think a ... a great change, but to change it to the Community Police Review Board. So
again, keeping more that community rather than citizen, and using that language. That
does have to go through three readings at Council, if L..if I'm correct, and so that change
has not been made yet, but you will probably see that coming down the road. Um, there
are five of us Board Members and —as Pat mentioned, we do ... he is our legal counsel.
Lim, he is legal counsel to the Board and doesn't work for the City. Um ... and again, the
information in the back kind of explains what we do. Um, and how things work. So...
hopefully that information is helpful. Um, just this past year, we did, A... one thing I
want to mention and I was hoping that this would be finished by now, but we're very,
very close to finis ... finishing a short educational video that, run, will be on City Cable
Channel. It will be possibly used some other places, and so that's really close to being
done. We had it pretty much finished, made some modifications, and that should be done
here shortly. Urn —and then information, um, about... complaints and information that...
about reports that we do, um, that come through. That information is all available on the
different complaints that are filed. The —the final reports on those are available on the
City web site. So, you can go there, and again, that ... that web site is listed on the
document in the back of the room. So you can go there and you can look at those, that
information on.. the variety of those complaints. Those are the reports that go to
Council. You can see that. So, urn ... other than that, um, let's move on, if we would, to
Item 44, that's public discussion and a couple of things about that. We are being
recorded, obviously, and that's so it will be, mm, this will be available on —the City
Channel at a later date. Um, if you come up to the microphone, we ask that you please
sign in and then introduce yourself. Let us.. use the microphone, let us know who you
are, and then I would ask, um, that you be respectful of others that are here tonight, so try
to limit, um, your... your comments to five minutes, and then once everybody's had a
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chance to speak that wants to, if you have something additional you'd like to share, you
can get back up. Absolutely! And we'll stay as long as we need to, um, you know, to
make sure we get through everything. So, if that sounds fair, why don't we go ahead and
open it up to public discussion!
PUBLIC DISCUSSION CITIZENS POLICE REVIEW BOARD:
VanDyke/ It's a really difficult time right now for everybody and I'm thankful I live in Iowa
City. More thankful than ... I am, or not in Iowa City, but in the Iowa City community,
and I'm rather thankful for it more ... more so than I have in the past. Um. I'm much
older than I often act and ... I'm turning 50 next year and I grew up with Eric Shaw, um,
knew him very, very well. Urn... Professor Goertz, who was killed by Gang Lu, was the
father of a, um, two of my friends that I went to high school. I went to high school here,
and over these years that I have lived here, gone to San Francisco for nine years and
come back, I have seen a significant change in culture here. And I'm really appreciative
for the work that you guys do and for what you've done and what you've opened up,
because you've opened up a lot of that change and you've helped affect that culture.
Cultural change here, which is, you know, always... needs to be ... you know, fine-tuned
and worked on, and it's not something that ends. It's.. it's a...it is a community
engagement and... and... and the work that you guys have done has been really, really
important. Um, but I'm also really, really happy.
Jensen/ Ma'am, if I could (both talking) I apologize!
VanDyke/ Julie VanDyke, 3635 490th Street SW. I won't usually do that for the School Board
cause 1 get stalked! But ... (both talking)
Jensen/ Thank you for sharing that! I forgot, I should have (both talking) apologize for
interrupting you.
VanDyke/ My bad! I'm out of my element as you all may well know, but um, I just, you know,
I'm very upset about the things that are happening in the world and in this country, and I
foresee a very dangerous summer for a great many people across the United States, and
I'm fearful of it, but I'm thankful for the culture that you guys have helped affect change
to here, because I've seen change here, and I'm thankful for the... the... the changes that
Hargadine has affected here, and I've seen, you know. I've lived through what, three,
four different police chiefs here? And ... um, what I've seen is openness to...self-
examination of the Department that I don't think we see in very many other police
departments in this country right now. Urn. and ... and urn ... and you guys have helped
with those things. I ... I've seen ... a very different relationship with the Iowa City Police,
um, and the community. I've seen the entire shift show up to the Homeless Children's
Trust, and I'm really proud of them for doing that, and I've seen so many officers show
up to the Martin Luther King celebration at Grant Wood, and that was on their own time.
You know, we can't even get our School District to recognize the holiday or talk about it,
but they all showed up there and they respected the community and they respect other
communities as well, and I appreciate this, and I appreciate this as we go into a summer
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that I think is going to be very dangerous, and I would actually say that the relationship
that you guys have s... have worked on with them and the changes that you've all
contributed to are actually an example to other communities throughout the country,
because we have a police department here that actually works in the community and
wants to make positive change, and yet they make mistakes. We make mistakes, but...
but they're actually looking at them and doing things, and you guys helped do that, and I
appreciate that. Um, I look at our. ..our police and we were some of the first to have
body cameras on there, instead of fighting it! You know, and that protects everybody —
them and the people that they pull over. It protects everybody! And, um, you know...
(sighs) I just ... I see increased cultural competency and a willingness to look at that. 1 see
what's happened with the report that, as I understand it, Hargadine actually went after,
the study that was done, that actually showed where there were officers that had issues
that were not in -line with what our community wants, and my perception is that those
issues are now being addressed because of that, and a lot of police departments and a lot
of police chiefs (laughs) wouldn't have gone after that study, and they sure as hell
wouldn't have released it when it showed something that wasn't perfect, or they would
have spun it, and they didn't! They got it out there and they took responsibility. And
know that after what I've watched happen over the last year and two years, in ... in other
communities that when I've seen re... some recent issues that were, um, in the...in the
media, such as the man who was pulled over, and 1 won't, you know, say names or
anything like that, but the man who was pulled over who had a ... a wea... who was drunk
driving and had a weapon in his sweatshirt. I look at that and I read that and I'm like, Oh
my god! We are so lucky because nobody got hurt! That was actually handled so
beautifully here that he didn't get shot and the officer didn't get shot, and I'm just really
thankful for all of this and I'm thankful for the work you do, and please continue, and
please continue to, you know, examine. It ... it is on -going, but um ... I thank you and 1
thank the Iowa City Police Department for... for actually examining the cultural
relationships between the police department and the variety of communities that we have
in ... within our community, and that you are all open to that and working at it, instead of
just getting defensive and, um, digging in. So, I appreciate that, and I appreciate the
officers here who. urn... who... are the kind of officers that I want to see on the street. and
1 have to say, I have sympathy for many, many different factions in what's happening
around us right now, and I of...also have sympathy for them because... just because they
have the uniform on, they end up becoming a target for the rage that we're not able
to ... to ... to deal with, um, and um ... I appreciate them sticking it out in that and 1
appreciate the officers that ... that show up at the Homeless Children's Trust and Martin
Luther King Day celebration that I was at, because ... um ... they're setting an example and
they're setting an example for other people with on... within the police force here, but
also for other police departments, and thank you for engaging with them and allowing
them to do that too and encouraging it, because it helps them do it, and I think we
actually set a really pretty darn good example here to other communities throughout the
United States, and definitely throughout Iowa, and thank you so much for all that you do!
Jensen/ Thank you.
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Omar/ Hello, my name's Fatimab (can't hear) Omar and I'm from Iowa City, Iowa. Um, I'm a
sophomore in college. I'm a business management student and I'll be going to Iowa in
the fall and I've always had a huge interest in socio... um, in societal issues and the
whole, um, socio... sociological aspect, and um, I would like to start off with this quote.
The hottest place in hell is reserved for those who remain neutral during a crisis. This
quote is originally from Italian poet, Dante Alighieri but was used a lot by President, um,
John F. Kennedy. I'm here because I would like to talk about the racial dis...
disproportionality when it comes to non -traffic arrests. Between 2009 and 2011, Johnson
County prisons held an average of 40% or more African American imnates when they
only make up 28% of the residents here in Johnson County. Not only is this a local issue
or a national issue, but ... it's also a global issue. Take Australia, for example. The
majority of people there are white and are from Irish or English descendants, but their
prisoners are most...their prisons are mostly filled with Australian natives, the
Aborigines, and Asians, such as Filipinos, Indians, and Laotians. Most African
Americans and Latinos I know ... here, um, said they have had an experience where they
have felt that they were racially profiled by an Iowa City police, or know someone who
has been, and...not saying all Iowa City police are bias. Um, Iowa City police...um,
some Iowa City police need to do a better job of practicing equitable policing prow..
procedurals and practices. There needs to be a stop on Fourth Amendment violations and
unnecessary strip searches when it comes to African Americans and Latinos. Growing up
here my whole life, I have heard many boast about how diverse and liberal this
community is. But, diversity is more than just University racial demographics or
diversity banquets where you get to sample different cultural foods. Many people here
focus a lot on animal rights, woman's rights, and friendly environmental practices, but
are hesitant or at a discomfort... discomfort when it comes to racial issues here in this
community, such as ... unequitablepolicing and racial dis... and racial disproportionality
and crime. The only time people are... interested in black issues or other minority issues
or saving a black, uh, life is when it comes to breeding good athletes or entertainers. I
just hope one day our community will be as diverse as we say it is, because I want to
settle down here after I graduate from college and raise a family here in Iowa City, and...
I don't want my future children or grandchildren to be racially profiled. I know we can
make a change in this community and we can start with the Iowa City police, because if
we don't strive for soc... for social change then this just might... this might be the next
Ferguson and we might have some future Trayvon Martins or Eric Garners. Thank you.
(applause)
Jensen/ Thank you.
Gore/ Hi (clears throat) Excuse me! Have kind of a sore throat. My name's Brianna Gore. I've
been in Iowa City since I was one years old. You know, basically born and raised here in
Iowa. Whoohoo, Hawkeyes! (laughter) Um, I've been going to Grant Wood
Elementary School ... I went to Grant Wood Elementary School, Southeast Junior High,
and City High, been growing up here. At first, I didn't really see a lot of...a lot of people
of my race, you know, when I was younger. So, it was kind of hard like to find out who
you really are if you don't have like a lot of culture here, you know. And... growing up,
it was kind of difficult for our family because we lived in a predominantly white
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neighborhood and I got told even ... when the black people I would see at school. like oh,
you talk white! Or you talk this certain way, you know, I wasn't black enough. So, it
kind of affected me. When 1 got older, I started to realize a lot of people in our
communities when a lot of...a race would start to move in, like near Broadway and all
those places, I noticed the police was patrolling really well over there and just waiting for
something to happen, and it's mighty funny like how even my dad, I mean, no...no bad...
he has a really good driver's record and everything, but he stop —he's stopped by the
police and he's immediately asked, `Can we see your license, registration, insurance,'
quickly, without even —and he's wondering like, `Why did I get pulled over?' and `Oh,
your taillight is out,' you know, little excuses, and asking, `Sir, can you step out of the
vehicle,' you know, asking small things that's unnecessary and. ..I was looking, I'm like,
okay that's kinda awkward like for my dad to be stopped. So...I'm riding along with a
couple of my friends and I and yes they were speeding and they get stopped by the police
and ... I was, and they're predominantly white, and- when they get stopped, it's a whole
different attitude when they're approached, and I leel... and it ... and the police officer
basically stopped `era over like, `Oh, could you slow down,' and `have a nice day.' They
didn't ask `era to get out the car or check `era or anything. I feel like ... I mean, just even
from that small example, racial profiling, it's really high here and when we talk about
culture, what culture are you talking about? We're not talking about Africa. We're not
talking about where —we're originated from. We're not talking about basically that we
were kings and queens and ... for someone to even say that, 'Oh, the police department,
they came to, oh, Martin Luther King Day at school.' How manv times are we going to
preach about Martin Luther King when we need to learn about Marcus Garvey and all the
other political figures that were from Africa, you know, and also with the police
department, it seems like when they... coming to like Taylor Drive and Broadway
neighborhoods, they're always searching for a prom... problem, like in the summer of
August 2013, like there was even some guys like just sitting out on the front porch of the
Broadway Neighborhood Apartments, just sitting out there and they were predominantly
black, sitting out there and the police came over and was harassing them right away. And
I'm just wondering, why? Like ... and they're saying they're loitering. How are they
loitering when they live there? You know, little small things like this, and...(mumbled)
I'm 19 and I'm noticing this. You know? I have a son. I want my son to at least, you
know, look around where ... to where he doesn't have to feel like he has to dress
differently or act a whole different way just to be accepted by the police. I feel like we
should do ... I feel like the police department should do a lot better, a whole better job
than just to look at the color of your skin and stop them right away, because ....what I'm
seeing is basically... racial profiling and you can tell us to, `Oh be quiet,' or `We're fine,'
You know, you can throw me the statistics but from what my people, what we're seeing,
is we're being racially profiled and 1 feel like a huge change should be done in our
community and stuff. And I don't want to hear anything about culture... cultural things
because barely anybody knew the (mumbled) place in the middle of April ... of this year,
barely anybody knew that! So ... I don't know what else to say but I feel like there's more
work need to be done with the Iowa City Police Department, and also the Coralville
Department. Thank you.
Jensen/ Thank you (applause)
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Smith/ Hello, I'm Robert Smith. Um ... Iowa City resident since 2000 and, or 1998. Pretty
much... she touched on a lot ofpoints that I would like to address. Um, racial profiling
has become a bigger issue. When I first moved here I was one of the only Afiican
American kids in my classroom. Once I got to high school I started to notice that there
were a lot more African Americans in our classroom. It got to a point where ... the
African Americans in our classroom were doing things that were... making it hard for
other white students to attend classes or whatever it may be, and it became very apparent
that they were seared. I think ... the Iowa City Police Department sees African Americans
as a threat...to the society. Racial disparity is... it's blatant, it's in our face. I don't like
to ride around with my African American friends because I feel like I'm at a higher
chance of getting pulled over for no reason. I'm not a troublemaker. I was an athlete...
my entire career in high school. It kind of pains me to see...that a community as, that's
supposed to be so liberal... when 1 first moved here, I...I, it was actually great, but now to
a point where... it's hard to ... it's hard to look at. Urn ... thank you. Urn... African
Americans, I think, make up about 25% of our population, yet we are over eight times
more likely to be ... prosecuted for marijuana when in all actuality, African Americans
and Caucasians use marijuana at the ... pretty much the same rate. Uh... the ... the
discrepancy in that pretty much proves our point, that there is racial profiling going on,
there is...the war on drugs is ... is affecting lives in communities as small as Iowa City. I
think that's all 1'd like to touch on. Thank you. (applause)
Jensen/ Thank you.
Sullivan/ Hello. My name is Adam Sullivan. I've lived here in Johnson County for 25 years.
Uh, and I live on the east side of Iowa City right now. Um, I came to this event last year,
uh, and I told you I was worried (noise on mic) Excuse me! I'm breaking stuff over
here! Uh, I told you I was worried about, uh, all of the military equipment that's coming
back from Iraq and Afghanistan and it's ending up in police departments all across the
country. I come here tonight a year later to tell you that it's worse than it was a year ago.
Um, in the past year we found out that the Johnson County Sheriffs Department, um, has
a big old tank. They call it an MRAP, um, but it is a war machine built for desert
warfare. Uh, I understand that's a different jurisdiction than yours —that's the County
and this is the City, but as you know, the Iowa City Police Department, uh, does
participate in the Johnson County Drug Task Force, uh, which that vehicle will
presumably be used for. Uh, the Iowa City Police Department, uh, for its own piece, has
a full SWAT team, full SWAT equipment. They have ballistic coverings. They have
tactical weapons. They even have chemical munitions — they have tear gas that they
could throw at citizens if they wanted to. I think we've all seen in the past few days the
scenes from Baltimore. Um, what I've seen has been very scary. Uh, you see full
military style officers, decked out with their shields and their weapons, standing apart
from, uh, almost entirely unarmed people. In fact, all unarmed people. I don't think that
should happen anywhere in the country and I definitely don't think it should be
happening, uh, here in Johnson County, uh, and I'm worried that it could. Um, right now
the police department has a wide range of, uh, reasons they can call in their, what they
call the `special response team,' their milis...military style officers. I think we need a
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policy that says unless there's an active shooter or a bomb threat, that we're —we're
going to leave the MRAP in the garage. We're going to leave our semi-auta... automatic
weapons at the shop. And so Fd like to see your Board, as well as the rest of the
community, come together and, um, get the City Council to take a serious look at what
rules we need in place to govern the military style equipment that we have. Thank you.
Jensen/ (applause) Thank you.
Gerden/ Hi, I'm Shawn Gerden. I've been part of this community since 1, uh, started
kindergarten at Roosevelt Elementary in 1995. (clears throat) And, um...I wanted to talk
to you guys today about the body camera program that is in place and is being ramped up
and implemented. Um ... you know, I think one thing that we saw with Eric Garner was
that, uh, the police choked a guy to death while they were on camera. While other people
were holding the camera. Uh, we've heard a lot of accounts of officers are, uh, just
turning their cameras off. In fact there was an officer that was indicted in a different part
of the country for continually having his camera off,uh, when confrontations happened.
Jensen/ If you would just speak a little more directly into the microphone.
Gerden/ Thank you very much!
Jensen/ Thank you.
Gerden/ So ... um, with the body, uh, camera program that we have... um, what I, you know, what
I'm looking at is that Eric Gardner was killed on camera. Other officers have been
caught not turning their cameras on, or turning them off. Uh, our cameras are going to be
officer controlled, and so, um ... you know.. i think we definitely need, uh, guidelines for
what the appropriate way to use these is and how the information is disseminated. Uh, on
one hand if they're going into a private home, uh, for a medical call, I don't think we'd...
we necessarily want a ... curious parties or the media to be able to see the interior of
someone's home. On the other hand, uh, when there's a public controversy, 1 don't think
we want them to be able to sit on that ... I don't think we want them to be able to sit on the
footage, uh, and say, `It's an active investigation,' and just sit on it for a year or two
years, until the point where the outrage has died down, and so I think what we really need
are, uh, some of these policies looking at, uh, the militarization, looking at the way raids
are used, looking at civil (mumbled), uh, and marijuana policy, and we need real
substantive changes because f don't think these body cameras are going to be, um, a
silver bullet by any means the way that, uh, they've been perp...portrayed and people
were very excited about (clears throat) uh, very excited about `em. So I guess the —the
three specific questions that I have, uh, that 1 would hope you would choose to address,
or else I'm just sort of here just talking for no reason, uh, what I'd ... what I'd like to
know is ... what should we do if, uh, we have a police officer who's continually not using
his body camera? What should the punishment be for that? Um...you know, what would
we ... what we do in that case, and I ... and I guess i have —and I guess I have another
question, which is, urn... we saw the Waller Scott shooting in South Carolina, where we
got a panoramic view of a police officer chasing after a guy and gumming him down,
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shooting him eight times in the back as he ran at a full sprint. Um, and so you have the...
you have the photographer for, uh, Eric Gardner, he actually is in jail right now. He's in
jail and has been in jail, uh, but it seems often that these, uh, these police abuses, um...
are best portrayed when it's done with a private citizen cell phone. So the first —the first
question is, and it's only two, is ... what do we do if an officer isn't using his body camera
or turns it off? What's the enforcement mechanism, and what's... what's the, uh, what's
the penalty, what's the punishment for the officer? And then second question is, what
should the penalty or a... be for an officer if he intimidates, uh, someone from recording
on their own cell phone, or if he attempts to delete that footage? Ult—you know, what a
lot of people hear, right before they're killed by the police, is that the police are worried
for their safety. So can I stand at this distance and film you if you're a police officer, or
is he going to scream in my face and say he's worried about his safety? And so —your
body cameras aren't going to be a silver bullet, so what's the punishment and
enforcement for those? And then also, um, what's the protection of citizen's right to
record the police? Thank you. (applause)
Jensen/ Thank you.
Kuchta/ Hello, my name is Heidi Kuchta and I've lived in this town for about 10 years.
Jensen/ Heidi, if you could sign in real quick, I'd appreciate it. Thank you!
Kuchta/ I will!
Jensen/ Thanks! We do that in part not because we're trying to keep track of everybody, but
more that when there's a transcript done of this and it's included as part of our annual
report, we make sure that we have people's names correctly and that information, so...
Kuchta/ So I actually have some concerns, or just things that I've noticed about the actual
complaint process itself. Um, so one thing that I noticed is that the police chief has sort
of the absolute authority over sort of the investigation. He will ultimately make the
decision as to whether or not an officer, uh, you know, basically under his power will be
punished or not. And then I noticed that after the ... (clears throat) after the little sheet
you have here for a complaint, it says ... a person who reports or causes to be reported
false information to a fire department or a law enforcement authority, knowing that the
information is false, or who reports the alleged occurrence of a criminal act, knowing the
same did not occur, commits a simple misdemeanor. And then it goes on to say that...
if. ..if you're contesting a more severe crime, and you lie about that, then you will
actually get an aggravated... or a more serious misdemeanor. So my concern here is that
in some ways, someone who's already been sort of victimized, run, by ... not sort of, but
someone who has been victimized by a police officer wants this sort of form of recourse,
they're actually almost signing on to the possibility of being charged with a misdemeanor
if the police chief finds out, for example, that ... well, not if the police officer finds out,
but if the police officer, you know, finds the officer in question not guilty or something,
he could say, 'Oh, well, you made a false report. Now you also have a misdemeanor.'
And so I feel like the people who are ... who need this process might be sort of turned off
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by the idea of opening up an investigation at the end of which might result in them
getting a misdemeanor, on top of the bad incident they already had. Um, I ... I could see
this happening and so I'm just wondering more about... sort of the process in general and
how the review board, you know, you and us, how we're going to help these
investigations not further criminalize people who already had a... a problem or a
confrontation. And that's my only concern and continent today. Thank you.
Jensen/ Okay. Pat, you want to (applause) speak to that a little bit or,..
Ford/ I don't know if this is the right time to (both talking)
Jensen/ Okay. Okay! All right. Thank you. (someone speaking from audience) I ... I'm sorry, I
can't hear you, ma'am. (several talking) Yeah, you bet. You're more than welcome to
...after everybody's had a chance to speak, to get back up if you have something
additional you'd like to share. Absolutely!
Olmstead/ Hi, my name's Harry Olmstead, and one of the things I'm concerned about that we're
kind of ignoring in our community, and that is ... the human slave trade that's going down
highway 80. We have children as well as adults that are kidnapped or not ... they
disappear, uh, but they're being put into a slave trade of prostitution, uh, and other types
of, uh, of slavery, and I think we have to take and, uh, address this issue and I would
highly recommend that the Police Review Board go in collaboration with the Human
Rights Commission to take and put together a program, an educational program, in this
community that can address this. Thank you. (applause)
Jensen/ Thank you.
Hall/ Uh, good evening, my name is Joseph Hall. Do 1 have to give more information?
Jensen/ No, that's fine.
Hall/ I mean, I don't nand. I just don't know that it's relevant. Urn ... I don't know ... um —if I'm
saying things that aren't within your jurisdiction or not. It's ... there's too many things to
look up, but uh, I think that a lot of your work is reviewing complaints from citizens, uh,
about conduct of police. Um, and that's... good, um, and you're supposed to be making
recommendations to, uh, City Council. Um, one possible recommendation, um, could be
looking, uh, at like for example there was a study done by St. Ambrose University, uh,
for disproportionality in police stops and police arrests. Um, and it showed that Iowa
City Police are, um, twice as likely to, at least twice as likely. Some are far more than
twice as likely. Uh, to pull over or stop, uh.... a minority person as opposed to a white
person or —within the context of this study, uh, a white person or an Asian person. Um,
but there's also, um, so there's all kinds of things that go into why that could be. Um, but
there's racial biases, a huge one, but there's also like financial incentives for police to be
stopping people. Um, they get, uh, federal money for drug arrests. They get, um, they're
able to seize property, uh, within those contexts, and use the proceeds of that with, like
for the police department. Um, and so ... disproportionately stopping, uh, black people
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tends to be okay for Iowa City, as most people here have been complaining about. Um,
it's not okay for me. I don't think it's a lot of case ... it's okay for most of the people in
this room, uh, but there's not a huge public outcry against it. Um, and so it seems that the
Iowa City Police Department is able to utilize maybe their own bias, um,
and... the —disregard of most of the city, uh, for the rights and the liberties of African
Americans in this community to also profit from that abuse, um, and I don't know if
you're able to add more people to your staff with expertise, um, but ... uh, if you could
find somebody that could help consult with you on that or, I mean, I'm not an expert or a
statis... statistician, um, but ... I think there's a lot of ... validity in what I'm suggesting.
Um, and it may be possible to spend some of your time looking into things in which —or
ways in which the police department, uh, systematically, urn ... kind of behind the scenes,
um, even perhaps not necessarily, uh, that they're even cognizant of this, uh, in terns of
the —the incentives they have, to abuse certain people's rights and certain people's
liberties, and certain people's bodies, uh, for their own profit. Um, and so... starting to
try and look in those directions, as well as the individual cases that are brought to you,
uh, might be a fruitful endeavor. Thank you. (applause)
Jensen/ Thank you.
McDaniel/ Hi, my name is Laticia. I'm sorry I'm really kind of sick, so Yin going to try to ... talk
as great as I can, but I just basically had one question about, um, according to the
literature that you have. It says that you only have limited civil administrative reviews,
powers, and have no power or authority over criminal matters or police discipline. So
Fin just a little bit confused about what actually you do, because (laughs) if you have no
power to actually make any recommendations for discipline, when there is a chance of
misconduct within the police department. So, I mean, what is the purpose of this board?
If you —if you can't do anything, and also, uh, what is it as citizens that we can do to
actually give you more power and more —within the board, is it something that we need
to do as far as like a ... a ballot initiative or talking to City Council and ... cause we want to
give you more power and more accountability, um, to go after police officers who are
being abusive to people and to actually cut out the chief when it comes to these kinds of
things, because I don't think he should have a say on what you should review and what
you shouldn't review. So that is what I wanted to say, so if you can answer those two
questions about what actually you do and how can we help you to become a more
powerful board, to actually deal with abuse in Iowa City. Thank you. (applause)
Jensen/ Thank you. (several talking) Yeah, typically what we do is we take the information and
then that is shared back with Council and we look at questions and we will respond to
those, but it's ... this is more of an opportunity for members to share their concerns. So..,
Gore/ Hi, me again! I would also like to bring up a point. For the body cameras. Um, you did
bring up a good point about the body cameras. What's really the main point of body
cameras, cause... even if ... someone's standing aside and getting a whole video tape of
whole ... of what's going on, um, I feel like the body cameras and the police, it would just
be front -forward, you know, of what's going on in front of you. You know ... I'm just
concerned like about like ... like how wide of a range is the camera going to like ... what
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28. 2015 Citizens Police Review Board Annual Community Forum Page 12
it's gonna get, because even when the video camera is even shot from the police car, it
gets a wide range of what's going on, but it doesn't really, you know, look into like
what's actually, you know, happening in front of you. I feel like it's also a bad idea
cause... even when you have a police cam ... or a body camera on you, I feel like you're
just giving us like a ... excuse for us to be quiet like, oh, they have a body camera; it's
okay! You know? That's all I have to say about that. (applause)
Jensen/ Thank you.
Heeren/ Urn ... my name's Tessa Heeren and you guys can't answer any questions right now, is
that right? I just wanted to know, you mentioned the, um, education vid ... educational
video. What is that?
Jensen/ It's just a very short video that, urn ... was another way that we came up with to get
information about the CPRB. So, who we are, what we ... what we do, um, another way
of reaching out to people.
Heeren/ Okay. And, um, so ... as far as I can tell what's going on here is we make suggestions to
you, you make suggestions to the City Council, and then they... suggest things to the
police and that's how we're addressing this? Addressing these concerns, is this chain of
suggestions? (laughter) I...1 guess ... I mean, that's something to think about, I guess.
Um... yeah, so, um, I'm studying social work here at the University, and I've been doing
a lot of research about, um, disparities in education and the justice system. And, um, I
think that racism is something that's systemic. It's bigger than schools and the police
force, and it's something that those institutions just happen to have the numbers for...
that show these big gaps. Um, yeah, and I wanted to talk about, uh, 1 don't mean any
disrespect to the lady that spoke earlier, but she was kind of praising the police force for
not shooting somebody, and I just don't want that to be our standard for expectations is
somebody not dying (laughs) because uh, that's pretty low expectations, I think. Um...
yeah, and as a social work student, um, when we're talking about disproportionality and
um, all of these, uh, obvious ... unjustices, it seems that the interventions are always
focused on the... victim or the perpetrator (mumbled) it's more like preventative, oh, we
need to you know help them, they, you know, they're the ones who are breaking the law
and they're the ones who need to be addressed, but um, it's really atwo ... there's two
parties involved in this, right. It's the police force and the community, and all of the
focus of the people that we need to fix are going to the community, and the police force is
infallible and they continue to do what they're doing. So I don't... i don't know if there's
any kind of opportunity to, urn ... really, and I know you... seems that you guys don't have
very much influence in police policy... yet. So ... um, and another thing, uh... this St.
Ambrose Study that this other gentleman was just talking about, I was also looking at that
and um ... the ... diversity within the force is pretty dismal. I think there's three people that
aren't white, and of the 77 people on patrol, all of the leadership, sergeant, lieutenant,
captain, um, are white people and I don't think that's any ... um, 1'd guess 1 just want to
know what the police force is doing to actively change those numbers because I don't
think, um, those three people that aren't white in the police force really have a chance to
move up. I mean, working in that kind of environment, you know, you kind of wonder
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Amoral Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forum Paee 13
what the culture is like there, within the force. 1 mean we can talk about cultural
competency with the police and the public, but —what about the police officers
themselves and the people that they work with. You know, how ... what would it be like
to work in the police force as a minority person. So —there's that. Um ... yeah, I think
the; um, focusing on these small things is really, uh, someone was talking about it earlier,
just the ... um, the waving of the Fourth Amendment and the, um, I was looking at the
Know Your Rights presentations that the police do and they do that upon request, I guess,
and I just don't know that, um, it's on our responsibility to request that information. I
guess I just wish they would do it more regularly, open to the public, so people do
know...1 think peopled be less defensive and less, um, ready for conflict if they were
comfortable knowing what their rights were, knowing if they do need ... do have, um, if
the officer has a right to search them at that time. I guess, and um ... yeah, and I guess
(laughs) another thing. Sorry, I'm going on forever, but um, another thing I wanted to
talk about was just the enforcement and the accountability within the force, and um, with
that ... with that culture I was kind of mentioning earlier of this overwhelmingly white
force, um, I kind of wonder what it's like when someone has a, um, questionable
encounter, whether it's like, hey, don't do that! Or, you know, I don't know...I... I would
like to see something that is documented that is transparent, that urn... follows that
officer, um. ..and ... yeah ... I guess that's, okay, one more thing (laughs) Um,
when ... when I'm looking at the disparities in the education system, Georgetown
University is, um, working on this really good, uh, program that takes almost every kind
of infringement in the school system, and it's breaking it down into very objective
policies. If this action happens, this is the action that we take, and um, I guess I would
just like to see something more like that in the justice system, and if we can take the
subjectivity out of it, and the officers are following a policy, that is set...set in place, then
they can't ... they can't be, um, blamed for what they're doing. I guess. So, yeah! I think
that's all I had. Thanks! (applause)
Jensen/ Thank you.
Sullivan/ I apologize. Uh, I didn't want to take up too much time. Adam Sullivan again. Um, I
just wanted to add one more voice, um, to the idea that, uh, this Board is not as powerful
as it needs to be. Um, you don't have the authority to make the substantive change that
we need for our police department, um, and I also wanted to make, uh, everyone here
aware that, um, this Board is established, uh, through our City Charter. Um, there is a
process for citizens to amend that Charter, and so if you think we need a better, uh,
Community Police Review Board, uh, we can do that. It's not too arduous a process, um,
and I think that's a really healthy conversation for our community to start. (applause)
Jensen/ Thank you, Adam -
Gore/ (laughter)
Jensen/ That's all right!
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Cammmnity Forum Page 14
Gore/ Also another thing, am, I feel like we should get the more —word out and to where my
people (laughs) should know about this cause I feel like, you know, how many... there's
like a trickle, a handful, of black people here (laughter) so I feel like our people should
know, and we should really get the word out. My friend showed me on the bulletin
board, you know, there's a bunch of advertisements. I feel like we should have a big, you
know, poster of it, you know, just bragging about it, so... ('laughter) (applause)
Jensen/ Thank you.
Tucker/ Okey dokey. Hi, Annie Tucker. So, um ... first, um, responding to what you're saying.
You know the School Board has had meetings like at The Spot and other places to
encourage being able to listen to different parts of our community say what's going on.
And maybe that's something that would be good for you guys to do, and maybe you
could have the Chief with you and a few officers. I don't know if it would be too scary
or too threatening for someone if there were officers there, but it was really powerful to
hear, um ... problems being expressed to the School Board Members... directly, in areas
where ... that were in people's neighborhoods. So, number one, that. Okay, good. So_
then number two, so I had like a list also. Um, on the ... the CPRB, great, I saw that,
Mazahir, you said that it should be changed to Citizens Police Review Board. That's
great. That sounds good. Um, the other thing to know is that other cities have different
investigation procedures. There are cities that... where there's an independent body. It's
people funded by the city but they're not city staff, and they do the investigation, and
they are authorized to go in and look at the videos, and look at the records, and make an
investigation and report independently back to you. So I think that's an important
component of changing the system and so I think we should all be working on that, and
so maybe we can share some contact information so we could begin that process, so that
we're not just... laying it on them. It can come from us. Okay, so I'in short so I need to
have it lower. Um...I agree, I was going to bring up the thing about the ... the body
cameras, as well. I think we all know about situations where the cameras on the cars,
which is what they used to only have, and do they have the body cameras? Did they
finally get the body cameras? Yes or no? Do we...
Jensen/ I believe we don't have them in place yet.
Tucker/ That's what I heard.
Jensen/ They're coining and... sometime, last I heard, summer, fall, potentially but there's...
they're not all in place yet, no.
Tucker/ Okay, that was ... that was my most current information too. So, here's the deal — you
said like when someone doesn't turn on theirs, but there's also people who have them on
or turn them off on purpose, and then say, oh gosh, we don't have. ..this has happened in
a legal case ... that the officer said, oh gosh, it was the changing of the shift. We don't
have that video. Dana! Seriously? So there should be penalties for that, and I would like
you guys to consider whether you need us to raise that or whether you want to make that
proposal to the City Council. There should be consequences for people not having their
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Review Board Annual Community Forwn Page 15
cameras working and providing effective information. There should be consequences.
Um. I like the word penalty, you used the word penalty. tJm...the other thing is ... so
here's the deal. I was at the, um, the Arts Test last year. You know, I was just sitting on
kind of a lamppost base, talking with a friend, and all of a sudden... and the music was
going. I was thinking of going up and dancing but this person couldn't dance so I was
waiting for a while. So, um, all of a sudden this far in front of me someone is going, get
Lip! Gel up or I'll make you get up! So I turn my head from my conversation, 1 look and
there's an officer in front of me saying that. I follow his eyes, and there happens to be a
guy sitting next to me, happens to be a white guy, who's drinking a beer. But he talked to
`ern like that, and so then he and his co -officer took `em some place and I kind of
followed at a distance cause I knew that (laughs) yes, I knew ...I knew that, mn„ 1 didn't
want to distract them, but I also wanted to really monitor them, and I wasn't smart
enough or savvy enough technologically to have been able to video if I'd thought about
it, but from now on I will. But it turned out that things did not seem to go awry, I mean,
the ... the disrespect and ... from his voice was ... did not seem to be manifested in
behaviors that happened before he, um, I mean he was handcuffed, he was put in a car,
but he was not treated roughly to my eyes, but later I asked ... asked the guy's partner
what his name was and I called in about that. I found out who the shift supervisor was
and I called in. Now the problem is, I've never filed a written complaint, but I will do
that. I've written it up, and I've found out the guy's name, but at the time I talked to the
supervisor and he said something that I heard yet again when I told the story two months
ago, and you were there when I told the story. And I got the same response from the
officer I told then, as I told ... are you following me? 1 told it two months ago. That
officer said this response, the same one that the guy's supervisor said, and it was this,
which is useful for us to know: we have an ever-growing young force, and when we get
these young officers, these two more seasoned officers said, you know, they're ... they'vc
got an idea of what their job is. You know, and it takes a while for that to wear off.
What'? I ... that's. actually that's a misquote, but that was my impression of what they
said. So let me be clear about that. But ... but the point is that...that if two officers who
are older and going to be leaving the force are saying, yeah, we got some... well, I don't
want to use my own words. We have some younger officers who have that kind of
behavior. We're working seriously on correcting that behavior. And this one from two
months ago said to me, and this was not when you were in the room. It was a different
time. He said, urn, you know, I think that the Iowa City community wants officers that
are respectful to people. And I think that our officers need to know that, which to me was
a heads -up that I don't think we as a community have communicated well enough to say,
you know what, here's what we want from our police force, here's what we expect. I
mean, my office is in adult's correction. I volunteer in the prison. I never hear any
officers speak disrespectfully to people who are incarcerated or have been, you know,
and here was this guy, um, speaking very disrespectfully. So, one, 1 think an additional
thing for us to do is work on as a community, eommun... communicating to the police
officers and our City Council and saying, `This is what we want in a police force.' This
is what ... the kind of behavior we expect. And likewise, I think that either we or you or
all of us need to say to the police ... to the police officers, given the climate in our country
and the events happening, given the disproportionate minority contact with... with law
officers here, and other ... and just systemic disproportionate minority differences here,
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 28, 2015 Citizens Police Rcview Board Annual Community Fomm Paac 16
um, I think the police department has to really make a much bigger effort. ..to connect
with our community and not just, I mean, great to be at the MLK thing. Great to be at the
other thing —that she mentioned, but I ... I think they need to be building relationship like
things working here is based on good relationships. 1 don't think I'm naive. Respectful
relationships and not going from zero to 60 with military stuff or tough cop attitude, uh,
that doesn't make things better here. So, let me just look... okay, that's it. Thank you.
(applause)
Jensen/ Thank you.
Heeren/ I just ... I just wanted to follow up with what Annie said because I was...I was in that
conversation with her, uh, earlier, and um, she told that same story and the officer we
were talking to says, oh, it takes about five years for an officer to really settle in to his
role as the actual... building that community relationship and really understanding, um, I
think he kind of said it was something like, uh... it's ... it makes the job easier once you
get to that five year mark and you understand what your role is, that you're not this, you
know, kind of, uh, enforcer character but um, my reaction to that was when I get a job, I
have 90 days (laughter) I have 90 days before if I mess up I'm going to get fired if I don't
get up to code, you know, and so I'm wondering why our police force is given so much
leniency in their jobs that are very important, I think. So, yeah, I think just, urn ... really
putting... putting their paychecks, putting their jobs on the line and not just saying like,
uh, don't do that. It's not okay, here's a warning, here's your next warning, um, really,
uh, making it —making the job fit the actions, making the actions fit the job, I guess.
(applause)
Jensen/ Thank you.
Tucker/ Um, I just want to thank you all. You ... you have a really tough job. You have a big
commitment, and you don't have as much power as you need. So thanks for sitting in
those chairs and doing your work, in the interim, before things change.
Jensen/ Thank you. Anybody else? Any additional comments'? Concerns? Okay! Item #5 on
the agenda is adjournment. Oops, excuse me!
Olmstead/ Not yet!
Jensen/ Okay!
Olmstead/ I was listening to the news regarding Baltimore, and police chief said that even though
there was obvious, uh... uh, violence that went on with the police, that they could not fire
those officers right away because the city wouldn't let `em. I think we need to look into
that. If we have an incident like that, uh, can we fire the officer? We need to get rid of
`em, or at least put `ern on administrative leave without pay. Thank you. Oh, I'm Harry
Olmstead.
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
April 2S, 2015 Citizens Police Review Board Annual Community Forum Page 17
Jensen/ Thank you! (applause) Okay, if we don't have any further concerns or comments, Item
#5 of the agenda is adjournment.
Tucker/ I have one.
Jensen/ Yes!
fucker/ I just want to say, in... in, to add to that, um, the first woman who spokes... thing. I just
want to say, let's not forget that article in the Little Village about the SWAT team. Let's
not forget the SWAT team video that was the recruiting video that is still on line at The
Guardian. Let's not forget those things, that those are part of the culture that we're
dealing with and I just want the record to show, I'm sure that...I know that ... I know
personally that there are great officers, but what I think we've expressed some concerns
about the culture in the police department, and ... and that's part of their record. Thanks!
ADJOURNMENT:
Jensen/ All right (mumbled) we're adjourned! Thank you very much. Thank everybody for
coming!
This represents only a reasonably accurate transcription of the Iowa City Citizens Police Review
Board Annual Community Forum of April 28, 2015.
CITIZENS POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
June 16, 2015
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To: City Council
-a
Complainant
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City Managers
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Equity Director
Sam Hargadine, Chief of Police
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Officer(s) involved in complaint
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From: Citizen Police Review Board
Re: Investigation of CPRB Complaint #15-01
This is the Report of the Citizens Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #15-01 (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 Chiefs 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 Chiefs 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 03104/2015. 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 04/30/2015.
Board members reviewed audio and/or video recordings of the incident.
The Board voted on 05120/2015 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 05/20/2015, & 06/16/2015.
FINDINGS OF FACT
On February 18, 2015, officers responded to the Alexis Park Inn regarding a complaint from an
employee about a broken door. Upon arriving, they were directed to room 106 by an employee who
advised the occupant had broken the door, although this had not been witnessed.
The officers learned the occupant had been locked out of his room because he was no longer allowed
to stay. The Complainant was one of three people identified as potential suspects, and officers
believed one or more of the three had damaged the door while opening it to allow the occupant to
enter. The Complainant had left the scene but agreed to return when asked.
None of the three possible suspects could/would say who damaged the door and each denied causing
the damage. The other two individuals were dismissed as suspects, due to one suspect being
physically unable, and the other suspect having a reliable alibi. While interviewing the Complainant,
Officer A noted the Complainant was vague and there were discrepancies in her story. The
Complainant repeatedly denied being responsible, combined with many statements of "Swear to God",
"I swear", and "I swear, I'm not lying". The Complainant still denied causing the damage and Officer A
ended the interview.
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ALLEGATION 1 — Racial Profiling.
There were no reports, or video/audio recordings, or evidence that in any way corroborated the
allegation of racial profiling against Officer A.
Allegation: Racial Profiling report - Not sustained
ALLEGATION 2 — Discourtesy
Both officers were patient and professional throughout their interactions with not only the Complainant,
but other individuals they talked to as well. Officer A, noting inconsistencies in the Complainant story,
did tell the Complainant he believed she was lying and also offered alternatives on how the damage
may have occurred (i.e. a mistake or accident). This is consistent with an applied interview technique.
Officer A has participated in interviewing and interrogation training, and Officer A's statements were
delivered in a professional, patient manner. This interview technique was within Iowa City Police
Department policy, procedure, and accepted law enforcement training and methods.
Allegation: Discourtesy- Not sustained
CPRB acknowledges cultural differences and mannerisms may make it difficult to accurately assess
and interpret behavior, especially when compared to others behavior/responses.
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DEPARTMENT MEMO #15-17
TO: Chief Hargadine
FROM: Captain Douglas S. Hart
RE: May 2015 Use of Force Review
DATE: July 6, 2015
The "Use of Force Review Committee" met on July 1, 2015. It was composed of Captain Hart,
Sgt. Droll and Officer Murguia.
For the review of submitted reports in April, 33 Officers were involved in 36 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 2 occasions a Taser was displayed, on 1 occasion a Taser
was deployed, on 2 occasions OC was deployed, there was one SRT calls, in 9 other incidents
officers responded to calls where their firearm was displayed, 4 animals were dispatched. Of the
36 incidents 2 suspects and no Officers were injured.
Please contact me if you have any questions.
Copy: City Manager, CPRB, Watch Commanders, Review Committee
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IOWA CI1 IOWA CITY POLICE DEPARTMENT
fOWA Glyy
Use of
Force Report
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POLICEMay 2015POLICE
Ofc #
Date
Inc #
Incident
Force Used
10
5/1
2015004522
Fight In
One subject took off running from a fight.
Progress
The subject was located and directed to the
ground. The Officer also had to use a wrist
lock to further compliance.
41,40
5/01
2015004562
Vehicle Theft
The citizen refused to exit the vehicle as
well as reached back into the vehicle once
he complied with verbal commands.
Sidearms were drawn.
54,55,
513
2015004623
Domestic
Subject continued to yell loudly and tried
94
slamming the door on the Officers. The
subject tried pulling away at which point her
arms were placed behind her back and she
was placed on the couch for cuffing
purposes.
54,2
5/3
2015004623
Domestic
The other half of the above mentioned
incident refused to remove his hands from
his pockets and exit the bathroom. Officers
had to physically place his hands behind his
back for cuffing purposes.
3
5/3
2015004626
Fight In
Two males were actively involved in a fight.
Progress
Despite verbal commands, one subject
continued striking another subject in the
head repeatedly. The first subject then
tased to gain compliance.
52
5/06
2015004767
Domestic
The subject of a domestic violence
investigation refused to present his ID. The
subject then tried walking away at which
point the officer had to place the subjects
arms behind his back for cuffing.
48,37
5/06
2015004770
Burglary
The subject was arrested for burglary and
attempted to pull away. Wrist locks were
used to gain compliance.
10
5/08
2015004813
Bar Check
The subject was struggling with bar staff.
The subject continued to struggle with
police and was directed to the ground
whereupon he was cuffed.
a
CO
10
5/08
2015004816
Disorderly
The subject was starting fights with others
Conduct
and was placed under arrest. The subject
refused to walk and the officer had to hold
the person up by the waist of his pants.
24
5/08
2015004823
Disorderly
The subject was running naked through a
Conduct
private building. The subject kept running
when he saw the Police. The subject was
cuffed after being taken down with a
takedown technique.
43,62
5/8
2015004860
Intoxicated
The subject's hands were forced behind his
Subject
back for cuffing.
11
5/09
2015004865
Out with
The subject was being cited and tried to run
Subject
away. After a brief foot pursuit, the subject
was taken to the ground using a takedown
technique.
10
5/09
2015004867
Intoxicated
The subject tried running away after being
Subject
approached by officers for urinating in
public. The Officer pulled the subject to the
ground and the subject locked his arms
underneath. After multiple verbal
commands failed, the subject was pepper
sprayed to affect arrest.
94
5/09
2015004868
Fight In
The Officer used a wrist lock to assist
Progress/
another department's officer who was
Assist other
arresting subject involved in a fight.
Agency
36,3,7
5/09
2015004875
Fight In
Officers summoned to a fight in progress.
,94,10
Progress
Officers had to force entry into the
residence and had sidearms drawn.
59,24,
5/9
2015004910
Domestic
The victim of a domestic abuse situation
63
locked herself in a closet and could not
open the door. Officer had to force entry
and clear the residence for the offender.
Sidearms were drawn.
2
5/10
2015004916
Fight In
The Officer had to remove the suspect out
Progress
of a vehicle with the usage of a compliance
method.
24,23
5/12
2015004969
OWI
The subject refused verbal commands and
compliance methods were need to affect
arrest.
57
5/16
2015005140
Intoxicated
The officer grabbed hold of the subject right
Subject
wrist as the subject attempted to pull awa .
1
2
til
11,66,
5115
2015005144
Intoxicated
Officers were called to deal with an
2,51
Subject/
intoxicated subject trying to break into a
Burglary
house. Upon arrest, the subject became
combative and tried kicking officers. The
subject was restrained by officers.
8
5/17
2015005201
Search
The Officer displayed his sidearm during the
Warrant
service of a search warrant.
18
5/18
2015005203
Animal
The officer used his sidearm to end the life
of a wounded deer.
85,16,
5/18
2015005209
SRT
Officers displayed a variety of firearms while
44,29,
on the service of a high risk federal search
6,48,4
warrant.
0,97,5
9,24
59
5/21
2015005284
Animal
The officer used his sidearm to end the life
of a wounded raccoon.
94,10,
5/22
2015005328
Intoxicated
The subject was under arrest and refused to
Subject
walk. The subject was held on the ground
until two officers were able to carry the
subject to the patrol car. The subject
refused to be searched and a pressure
point was used to gain compliance.
66
5/22
2015005328
Intoxicated
The subject interjected herself in the above
Subject
noted incident despite verbal commands.
The subject was later taken to the ground
with a takedown method as she continued
to flail her arms. Pepper spray was also
used as the subject continued to resist.
68
5/23
2015005402
Animal
The officer used his sidearm to end the life
of a wounded deer.
68,4
5/23
2015005406
Traffic Stop
The Officer initiated a traffic stop on a
vehicle where the subjects were reported as
armed. The Officer displayed his sidearm
and gave verbal commands to which were
om lied.
complied '
11
5/25
2015005457
Fight In
Officer observed a fight in progress with
Progress
punches being thrown. The Officer
displayed his taser and had to pull one
subject to the ground.
24
5/29
2015005611
Out With
The Officer approached the subject who
Subject
pulled out a fully extended pocket knife from
his pocket. The officer displayed his
sidearm. 11
iy�
�..,
3 a i
4
Co
rn
41
5130
2015005657
Suspicious
The subject was consenting to a search of
Person
his person and abruptly grabbed something
from his hat. The officer had to use a wrist
lock to restrain the subject.
41
5/30
2015005659
Intoxicated
The subject was being removed from a bar
Subject
by staff. Upon trying to cuff the subject, he
tried to pull away from the officer. The
subject was held against the squad car as
well as placed in the back of the squad.
37,52
5/30
2015005688
Hit and Run
The Officer was investigating a Hit and Run
collision at a residence. The occupant of
the residence answered the door with a gun
pointed at the Officer. The Officers
displayed their sidearms during the contact.
24
5/31
2015005690
Fight In
The subject took off running from a fight
Progress
and the officer followed in a foot pursuit.
The subject stopped and began trying to
pull away. The subject refused to walk to
the squad and had to be escorted by using
a wrist lock.
7,55,
5/30
2015005692
Disturbance
Subject tried fleeing from Officers. The
10
Officers were required to place the subjects
hands behind her back as she tried to pull
away. Prior to the cuffing the subject was
laced prone on the ground to aid in cuffing.
67
5/31
2015005701
Animal
The officer used his sidearm to end the life
of a wounded deer.
CO
Memorandum
TO: File
FROM: Captain Douglas S. Hart, Administrative Services
RE: Quarterly Summary Report IAIR/CPRB, 2"d Quarter 2015
DATE: July 6, 2015
Attached you will find the IAIR/CPRB 2015 second quarter summary report for the
Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative
file. There were no investigations initiated in the second quarter of 2015.
cc: CPRB
Chief Hargadine
Cpt. Troy Kelsay
Sgt. David Droll
N
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4
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ADM 06.1
INTERNAL
AFFAIRS
INVESTIGATIONS
Date of Issue General Order Number
July 9, 1999 99-06
Effective Date Section Code
July, 2015 1 ADM-06
Reevaluation Date Amends /Cancels
August, 2017 92-03 ADM-06
C.A.L.E.A. Reference
52.1.1 - 52.1.11 1 Department Disciplinary Philosophy
INDEX AS:
Internal Affairs Investigations Register (IAIR)
IAIR Forms 1 - 12
Internal Affairs Investigationsr
Knowingly Providing False Information
<
z.
Evaluations?
Community Police Review Board
-'
Discipline
j,.
I. PURPOSE
The purpose of this order is to establish the policy and procedures for the
investigation of complaints made against Department personnel, policies and/or
procedures. This order provides the guidelines for the prompt, fair, and impartial
investigation and disposition of citizen complaints and allegations.
II. POLICY
A. It shall be the policy of the Iowa City Police Department to investigate all
complaints made against Department members and / or against Department
policies and procedures, regardless of the source of such complaints. This
policy shall include the investigation of alleged or suspected violations of law,
ADM 06.2
ordinances or Department rules, regulations, policies, procedures or orders
(written or oral) as reported to Department managers and supervisors by:
1. Members of the Department in any of the following manners: in writing,
orally, by telephone, or by correspondence (signed or anonymous).
2. Citizens (including prisoners) who report to any Department member in
any of the following manners: in writing, orally, by telephone, or by
correspondence (signed or anonymous), or pursuant to the City's Police
Citizen's Review Board ordinance.
3. Supervisors or personnel who observe or suspect violations by
Department personnel.
B. The thorough, standardized investigations of these types of complaints
demonstrates the Department's desire to provide honest, efficient police
service and will inspire public confidence in Department personnel. A
regulated program of complaint review is established to ensure the fair and
impartial treatment of Department members who may become subject to the
internal review procedure. Clearly defined policy and procedures permits
employees to know what to expect; reassures the public that discipline will be
administered, if necessary; and provides a pre -determined method for
informing both the public and employees of the disposition of tie corr*j aint.
«.d A
} ,1
III. DEFINITIONS
A. COMPLAINT! r
1. A complaint is defined as an act of expressed dissatisfacti6'n, eith°&, oral or
written, which relates to department operations, departmental policy,
personnel conduct, or alleged unlawful acts. Generally, complaints are
based on allegations of misconduct or violations of procedure. A complaint
may be filed either internally, that is by a Department member who wishes
to report infractions or violations by another member, or externally, such as
when a citizen complains about a member of the Department.
2. A complaint includes those filed with the Community Police Review Board
pursuant to Ordinance.
B. NON -DISCIPLINARY INCIDENTS OR VIOLATIONS
1. Non -disciplinary incidents or complaints shall mean complaints or
allegations which, on their face, do not involve alleged violations of law,
rules, regulations, general orders or procedures of the Police Department.
C. NON -PUNITIVE INCIDENTS OR VIOLATIONS
1. Non -punitive incidents or violations shall mean incidents or complaints
which, on their face, allege infractions of rules, regulations, general orders,
or procedures by Police Department personnel for which the apparent
appropriate disciplinary action is counseling and/or written warning or
ADM 06.3
written reprimand by use of the departmental Report of Inquiry/Incident
form.
D. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
WITHIN THE CHAIN OF COMMAND (Supervisory Review)
Punitive incidents or violations shall mean incidents or complaints which, on
their face, allege violation(s) of the law, rules, regulations, general orders, or
procedures by Police Department personnel for which the apparent
appropriate disciplinary response consists of punitive action ranging from
loss of privileges to suspension, demotion, and/or dismissal.
E. PUNITIVE INCIDENTS OR VIOLATIONS REQUIRING AN INVESTIGATION
OUTSIDE OF THE CHAIN OF COMMAND (Full IA)
Punitive incidents or violations of requiring a full IA shall mean incidents or
complaints of a more serious nature which, on their face, allege violation(s)
of the law, rules, regulations, general orders, or procedures by Police
Department personnel for which the apparent appropriate disciplinary
response consists of punitive action ranging from loss of privileges to
suspension, demotion, and/or dismissal.
F. CHIEF OF POLICE TO DETERMINE TYPE OF INVESTIGATION
1. The Chief of Police, at their discretion, shall determine whicla'A pe of
investigation shall be followed. F �,
C—
IV. AUTHORITY AND RESPONSIBILITY'-'
C7 -<
A. COMMANDING OFFICER, FIELD OPERATIONS
1. The Commanding Officer, Field Operations, shall be re�ponsib`fe for fife
internal affairs investigation function of the Department for�cidents
requiring investigation within the chain of command.
2. The Commanding Officer, Field Operations, shall report directly to the
Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Chief of Police or the Commanding Officer, Field Operations may
assign the investigation of internal affairs cases to personnel from other
divisions, sections or units within the Department, if it is determined that
this course of action is in the best interests of the Department.
4. If the complaint is against the Commanding Officer, Field Operations, the
complaint will be submitted directly to the Chief of Police who either may
assign the investigation to another command officer or may handle it
personally.
5. After notifying the Chief of Police, the Commanding Officer, Field
Operations, shall contact the City Attorney's Office and the County
Attorney's Office when internal investigations concern possible Violations
of criminal law. This contact maybe for notification andhi6legal ldvice or;
assistance in case preparation. c
C'9
---k
-" n ss
B. COMMANDING OFFICER, ADMINISTRATIVE SERVICES ia:, <
1. The Commanding Officer, Administrative Services, shall be res''r{.onsible
for the internal affairs investigation function of the Department for
incidents requiring investigation outside the chain of command.
2. The Commanding Officer, Administrative Services, shall report directly to
the Chief of Police about the progress of complaint investigations and
dispositions of all such investigations.
3. The Commanding Officer, Administrative Services shall assign the
investigation of internal affairs cases to personnel from other divisions,
sections or units within the Department. Those personnel shall report
directly to the Commanding Officer, Administrative Services.
4. If the complaint is against the Commanding Officer, Administrative
Services, the complaint will be submitted directly to the Chief of Police
who either may assign the investigation to another command officer or
may handle it personally.
C. ALL SUPERVISORY AND COMMAND PERSONNEL
1. Supervisory and command personnel shall cause to be initiated an internal
affairs investigation when the action alleged is an infraction/violation of
State Code, Federal laws, City ordinance or Department policy and within
the scope of their authority for the initiation of this action. Examples of
complaints which will be investigated by the Internal Affairs function are:
allegations of corruption, brutality, misuse of force, violations of individual
civil rights, criminal conduct, etc. This is not a complete listing of such
examples, but is an example to provide guidance for supervisory personnel.
These types of complaints will be documented on the departmental Report
of Inquiry/Incident form and directed to the COFO.
2. Supervisory personnel shall investigate complaints, verbal or written, which
do not involve alleged violations of Federal or State law, City ordinance, or
Departmental policy which come to their attention, as an example, alleged
rudeness, not providing information about a ticket or arrest, tardiness,
incomplete reports, insubordination, etc. This is not a complete listing of
such examples, but is an example to provide guidance for supervisory
ADM 06.5
personnel. These types of complaints will be documented on the
departmental Report of Inquiry/Incident form.
D. ALL DEPARTMENT PERSONNEL
1. It shall be the duty of all Department personnel to report an action which
may be a violation of laws, ordinances, rules, regulations, policies,
procedures, or orders by any other Department member to the immediate
supervisor of the employee engaging in said action.
V. INTERNAL AFFAIRS INVESTIGATION REGISTER
A. The Internal Affairs Investigation Register (IAIR) is designed to provide the
Iowa City Police Department with a control device to assure that complaints,
which on their face, allege a violation for which the appropriate disciplinary
action would be punitive in nature, (as defined in Section III D 1), will be
investigated. These include, but are not limited to, complaints received by the
Department, or which originate through action of a Departmental member, or
complaints received from the CPRB.
B. The IAIR will be maintained by the Commanding Officer, Field Operations
Division. Entries in the IAIR shall contain sufficient and accurate information
of both the allegations and the disposition of the complaint. The IAIR will be
maintained in a secured area.
C. Complaints logged in the IAIR will be reported to the Chief of Police by the
Commanding Officer, Field Operations.
D. To ensure that required investigations are being completed within a reasonable
time, periodic inspections of the IAIR will be made by the Commanding Officer,
Field Operations and status reports will be forwarded to the Chief of Police.
E. The Commanding Officer, Field Operations shall assign a control number to
each complaint received and record the number in the IAIR, and on the copy of
the complaint form.
w
1. The numbering system shall be sequential, prefixed bythe 49ar, Le-1 02-01,
02-02. t —
VI. REPORTING PROCEDURES
A. A written record of all complaints against the Police Dee�artmeSt or its
personnel shall be maintained regardless of the nature, scope, or
reasonableness of the complaint.
ADM 06.6
B. Compliance with the following procedures is the responsibility of the
supervisor and/or member addressing the complaint.
1. Conduct a preliminary examination of the complaint.
2. Ensure that the complainant understands the state statutes concerning
"obstructing justice" and false reports to law enforcement authorities.
(Attachment A)
3. Complete a Report of Inquiry Form (IAIR Form 2)
a) If on the face of the allegations, which if taken as true, there is a clear
indication that the officer or employee did nothing improper, then the
Report of Inquiry Form shall be completed, indicating same, and
forwarded through the chain of command to the Commanding Officer,
Field Operations Division.
b) If, on the face of the allegations, which if taken as true, the complaint or
allegation is minor and within the scope of the supervisor's authority,
the supervisor may resolve the complaint by use of the Report of
Inquiry/Incident form, and forward the report and results to the
Commanding Officer, Field Operations Division.
c) When it appears that an officer or employee may have violated state or
federal law, city ordinance or Department policies and procedures, the
Report of Inquiry shall be forwarded to the Commanding Officer, Field
Operations, within 24 hours of the complaint. c;
d) The Commanding Officer Field Operations shall maintaifr#'6e Fort 7 3
Inquiry/Incident forms. Supervisors shall review an offices Report
of—
Inquiry/Incident form(s) when completing a subordffl t 'sCannual
evaluation. -"' —1 �Z- M
C. e' x -M
e) When it appears that an officer or employee may have ciimm`Red an
illegal or criminal act or may have violated a person's const`rutional
rights, the Report of Inquiry shall be forwarded to the Commanding
Officer, Field Operations within 24 hours of the complaint.
Commanding Officer, Field Operations shall forward a copy to the
Chief of Police within 24 hours of receiving the Report of Inquiry.
f) The City Attorney's Office shall be consulted when there is an
allegation which on it's face alleges illegal/criminal activity, civil rights
violations, gross negligence, or excessive use of force.
g) All Report of Inquiry Forms shall be submitted for approval by the
Commanding Officer, Field Operations level, prior to being forwarded
to the Chief of Police.
ADM 06.7
C. Within 72 hours of receipt of Report of Inquiry form by the Commanding
Officer, Field Operations, a determination shall be made as to whether an
internal investigation will be initiated. The accused member should be
notified of the investigation decision within this 72-hour period. In exceptional
circumstances, i.e., allegations of on -going criminal activity, the Commanding
Officer, Field Operations, with the approval of the Chief of Police, may waive
this notification.
D. The Chief of Police or designee, shall contact the complainant within seven (7)
calendar days of receiving the complaint and inform the complainant of receipt
(IAIR Form 1) and the status of the complaint. Included in this contact will be
an offer of informal mediation by the Chief.
E. Internal Affairs investigations pursuant to complaints shall be completed within
sixty (60) calendar days of receipt of the initial complaint. An extension may
be granted by the Chief of Police where extenuating circumstances exist.
Status reports on the investigation of complaints shall be submitted to the
Chief of Police every seven (7) calendar days to assist in this determination.
F. If an investigation continues beyond sixty (60) calendar days, a status report
will be provided to the complainant by the assigned investigpttor. dopy of
the status report will be forwarded to the Commandin 6fficpr, Fielidf
Operations.'~
VII. INVESTIGATIVE PROCEDURES`_'
A. The Chief of Police may require an employee to submit #fo a nf6bical or
laboratory examination, to be photographed, to submit financial disclosure
statements, or participate in a line-up, when such information or actions are
specifically directed toward and narrowly related to a particular internal affairs
investigation. Failure to follow a direct order of this nature shall constitute a
separate infraction and may result in termination. (However, if an internal
investigation involves allegations of criminal actions, employees shall be
afforded all their legal or constitutional rights.)
1. The City Manager may impose the requirements of paragraph A above.
when the complaint is directed toward the Chief of Police.
B. An employee under investigation may not be compelled to submit to a
polygraph, Voice Stress Analysis, or any other instrument designed to detect
deception. However, an employee under investigation may voluntarily
submit to such examination after being made aware that such actions are
strictly voluntary, and refusal to submit does not imply any guilt or admission of
the violations. The results of the examination shall not be used in any
commission hearing, court or trial as evidence of guilt or innocence, unless
agreed to by all parties.
C. Based on the requirements of Iowa law, an employee may be required to
submit to a medical or laboratory examination, at the agency's expense, when
the examination is specifically directed toward and narrowly related to a
particular internal affairs investigation being conducted by the agency. An
example of the use of this process is determining drug use by employees. An
employee may also be required to be photographed, to participate in a line-up
and/or submit to a financial disclosure statement when the actions are material
to a particular internal affairs investigation being conducted by the Department
or an outside agency. The above will always be based on the requirements
of Federal law, Iowa law, and any case law, and precedent thereunder when
not in conflict with any labor law or signed labor agreements.
D. The assigned investigator conducting an internal investigation shall conduct
the investigation fairly and impartially toward both the complainant and police
personnel.
The assigned investigator(s) shall conduct such interviews as are deemed
necessary in order to accumulate all necessary evidence and facts
pertaining to the complaint as determined by the Commanding Officer,
Field Operations.
2. The assigned investigator shall follow state law, city ordinance, and labor
contracts concerning disciplinary actions utilizing the appropriate forms
depending on the alleged violation.
a) Notification of Complaint / Investigation (IAIR Form 3).
b) Request / Waiver of counsel (IAIR Form 4). ON
f�ri '.dT i i 7
c) Administrative Proceeding Rights Form (IAIR Form 5). =7
cn
d) Criminal Rights Form for alleged violations of Criminal Law (IAIR` Form
6).
e) Compelled statement advisory notification form.
3. At the conclusion of the investigation, the Commanding Officer, Field
Operations shall submit an Internal Investigations Report to the Chief of
Police for review and approval, in the format as outlined in IAIR Form 7.
4. The investigating officer(s), upon completing the internal investigation,
shall conclude the report by classifying the individual allegations into one of
the following categories:
a) Unfounded: The investigation indicates that the act(s) complained of
did not occur or did not involve police personnel.
ADM 06.9
b) Exonerated: The complained of acts did occur, but were justified,
lawful, and proper.
c) Not Sustained: The investigation fails to discover sufficient evidence to
clearly prove or disprove the allegations made in the complaint.
d) Sustained: The investigation disclosed sufficient evidence to clearly
prove the allegations made in the complaint.
e) Policy Failure: Investigation reveals that the alleged acts did occur and
were improper; however, the officer was acting in accordance with
established Department policy.
5. The investigative report and finding(s) shall be forwarded to the
Commanding Officer Field Operations for review. COFO may:
a) Accept the report and finding(s) of the investigating officer(s).
b) Return the report for further investigation, or
c) Reclassify the complaint as mentioned in #4 above
6. When the act complained of is a criminal offense, and the evidence from
the above investigation establishes probable cause that the act was
committed, the Commanding Officer, Field Operations shall forward the
information to the Chief of Police, who shall notify the City Attorney's office,
and in consultation with the City Attorney's office shall decide whether:
a) the County Attorney's Office shall be involved; and
b) the accused person(s) should be arrested forthwith; or
c) a warrant for arrest should be first obtained; or
d) criminal action should be delayed pending further investigation; or
e) request assistance from another law enforcement agency.
7. Status Reports - The Internal Affairs Investigator will provide the following
information:
a) Provide a weekly status report, verbal or written, to the Corral anding
Officer, Field Operations.
b) Cause to be provided a status report to the complaina4in.5ixty
calendar days. —try rn s`
r--
E5
VIII. INVESTIGATION SUMMARY OF FINDINGS
ADM 06.10
A. Upon final receipt of the Internal Investigation Report (IAIR Form 7), the
Commanding Officer, Field Operations, shall review the report for
completeness.
B. If the complaint is sustained, the report shall include:
1. Prior disciplinary action against the employee.
2. Recommended disciplinary action believed to be appropriate, based on the
investigation results and the employee's employment history.
C. In cases involving complaints against the Commanding Officer, Field
Operations, all matters will be handled by the Office of the Chief of Police.
D. In cases where complaints are against the Chief of Police, all matters will be
handled by the City Manager or his/her designee.
E. Final approval of internal investigation recommendations shall be decided by
the Chief of Police except under Subsection C above. The Chief of Police
shall have authority to modify any such recommendations in any manner
deemed appropriate by the Chief of Police.
IX. DISPOSITION OF INTERNAL INVESTIGATION FINDINGS
A. Complaints that are determined to be "sustained" will be filed in the
employee's personnel file by the Chief of Police. Allegations that are
determined to be "unfounded", "exonerated", "not sustained", or result in a
"policy failure" finding shall be filed by the Chief of Police in the internal
investigation file with the Commanding Officer, Field Operations, and shall not
be entered in the employee's personnel file.
B. The officer or employee who is the subject involved in the investigauxdn shall
be notified of the disposition by IAIR Form 8, as will any outse corLPlainant
by IAIR Forms 9, 10, 11, and 12.E
X. CONFIDENTIAL NATURE OF INVESTIGATIONS = ?
cY: o
A. Many mistaken or even deliberately false reports and accusations aue made
against police officers. In some instances, the most conscientiSUs and
hard-working officers will be the subject of such reports. In order to ensure the
integrity of the Department, it is necessary to investigate completely and
thoroughly all reports and accusations from all sources. This must be done.
At the same time, the reputations and good names of innocent police officers
must be protected. This is important to Departmental and individual morale,
and to the effectiveness of police operations.
ADM 06.11
B. Sustained cases and the disciplinary actions taken may be a matter of public
information pursuant to Iowa Code Chapter 22. The public nature of such
cases and any disciplinary action thereunder shall be decided by the Chief of
Police on a case -by -case basis in consultation with the City Attorney's Office.
All other cases will be regarded as confidential and the records of such cases
will be maintained in the office of the Commanding Officer, Field Operations.
XI. DISCIPLINARY AUTHORITY
A. Any Department Supervisor may impose a fully -paid emergency Administrative
Leave of Absence on a member or employee when it appears necessary to
preserve the efficient and safe operation of the Department. The supervisor
shall promptly notify the Commanding Officer, Field Operations, who shall
promptly notify the Chief of Police.
1. Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless otherwise
instructed.
a) The Supervisor imposing or recommending the AdministfativeT-eave of
Absence will report at the same time.
B. Supervisory personnel may take the following disciplinary menui�s:—
CT%�
1. Written recommendation for disciplinary penalties.£,<y
2. Recommendations for discipline within an employee evaluation.
U,
3. Initiate written reprimand with documentation. Copies of all such written
reprimands shall be forwarded to the personnel department for inclusion in
the employee's Personnel file.
4. Written warning or written reprimand with documentation. All such written
documentation for discipline and/or documented written warnings or written
reprimands shall be forwarded to the Iowa City Personnel Administrator for
inclusion in the subject employee's Personnel File.
C. Final Department authority and responsibility for discipline rests with the Chief
of Police.
D. The Chief of Police has full power and authority to reprimand, suspend,
demote, or terminate any Department member for disciplinary purposes.
Such employee retains all rights of appeal under applicable laws in accordance
with and subject to the provisions of Iowa Code Chapter 400 and collective
bargaining agreements.
ADM 06.12
Samuel Hargadine Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party claims.
Violations of this directive will only form the basis for departmental administrative
sanctions.
ns
ck
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ADM 06.13
ATTACHMENT "A"
718.6 False Reports to Law Enforcement Authorities (Iowa Code)
A person who reports or causes to be reported false information to a fire department or a
law enforcement authority, knowing that the information is false, or who reports the
alleged occurrence of a criminal act knowing the same did not occur, commits a simple
misdemeanor, unless the alleged criminal act reported is a serious or aggravated
misdemeanor or felony, in which case the person commits a serious misdemeanor.
719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing Defense
(Iowa Code)
A person who, with intent to prevent the apprehension or obstruct the prosecution or
defense of any person, knowingly does any of the following acts, commits an aggravated
misdemeanor:
1. Destroys, alters, conceals or disguises physical evidence which would be
admissible in the trial of another for a public offense, or makes available false
evidence or furnishes false information with the intent that it be used in the trial of
that case.
2. Induces a witness having knowledge material to the subject at issue to leave the
state or hide, or to fail to appear when subpoenaed.
G
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r
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
June 2015
Date Description
6-18 Woman picked up (2) complaint forms.
6-23 Woman picked up complaint form.
July 20, 2015 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #15-2
Filed:
Chief's Report due (90days)
Chief's Report filed:
CPRB Mtg #1 (Review)
CPRB Mtg #2 (Review)
CPRB Report due (90days):
03/18/15
06/16/15
05/21 /15
06/16/15
07/20/15
TENTATIVE MEETING SCHEDULE
August 11, 2015
September 8, 2015
October 13, 2015
November 10, 2015
08/19/15
COMMUNITY POLICE REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly
known as Citizens Police Review Board and now known as Community Police Review Board
(hereafter referred as the CPRB), consists of five members appointed by the City Council. The CPRB
has its own outside legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines.
In FY2015. an educational video was prepared for use on cable TV. In May, City Council adopted the
recommendations of the Charter Review Commission, changing the name to Community Police
Review Board.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2015
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY15 the Board held fourteen meetings and one Community Forum.
ICPD Policies/Procedures/Practices Reviewed By CPRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attended the open portion of the CPRB meetings, and was available for any questions Board
members had regarding these reports.
Presentations
In April of 2015 the Board held its seventh Community Forum as required by the City Charter. The
Board did introductions and the forum was opened to the public for questions. There were twelve
members of the public that spoke at the forum. Topics of discussion included the following: Board
responsibilities, military surplus equipment, body cameras, racial disparity, profiling, and diversity in
the police department.
Board Members
In October 2014 officers were nominated with Melissa Jensen as Chair and Joseph Treloar as Vice -
Chair. Fidencio Martinez was appointed in November of 2014 for an unexpired term.
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COMPLAINTS
Number and Type of Allegations
Eleven complaints(14-03,14-04,14-05,14-06,14-07,14-08,14-09,14-10,14-11,15-01,15-02) were filed
during the fiscal year July 1, 2014 — June 30, 2015. Eight public reports were completed during this
fiscal period(14-02,14-03,14-04,14-06,14-08,14-11,15-01). One complaint was withdrawn (14-07)
and three complaints were summarily dismissed (14-05,14-09,14-10) The remaining complaint filed in
FY15 is pending before the Board (15-02).
Allegations
Complaint #14-02
1. Excessive Use of Force — SUSTAINED.
Complaint #14-03
1. Illegal Search of the Vehicle — NOT SUSTAINED.
2. Harassment— NOT SUSTAINED.
3. Use of a Racial Epithet— NOT SUSTAINED.
Complaint #14-04
1. Responsibilities — NOT SUSTAINED.
2. Obedience to laws and regulations — NOT SUSTAINED.
3. Incompetence— NOT SUSTAINED.
Complaint #14-05
SUMMARILY DISMISSED
Complaint #14-06
1. Unlawful Search — NOT SUSTAINED.
2. Unlawful Seizure— NOT SUSTAINED.
Complaint #14-07
WITHDRAWN.
Complaint #14-08
1. Officer included inaccurate information in an official police report— NOT SUSTAINED.
2. This was retaliation against the Complainant for filing a complaint against another
officer in an earlier CPRB complaint — NOT SUSTAINED.
Complaint #14-09
SUMMARILY DISMISSED.
Complaint #14-10
SUMMARILY DISMISSED.
Complaint #14-11
1. Officer failed to sufficiently investigate the motor vehicle collision as directed by ICPD General
Order 99-09, Section IV, Procedures. — NOT SUSTAINED.
2. Officer's determination that the Complainant was at fault in the accident was incorrect and the
traffic citation for following too closely should not have been issued — SUSTAINED.
3. Officer did not listen to the Complainant's point of view in regard to how the accident occurred
— NOT SUSTAINED.
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4. Officer's threat to take the Complainant to jail was inappropriate under these circumstances —
NOT SUSTAINED.
5. Officer issued the Complainant a citation because she is not an "American". — NOT
SUSTAINED.
Complaint #15-01
1. Racial Profiling — NOT SUSTAINED.
2. Discourtesy— NOT SUSTAINED.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 7
Level b
Interview or meet with complainant 0
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 0
Level f
Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints to the CPRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief's
Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens' complaint and the Chief's Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the eighteen allegations listed in the seven complaints for which the Board reported, two were
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in three of the reports:
Complaint #14-02 — The CPRB acknowledges that suitable changes have been made to the Weapons
policy.
Complaint #14-04 — The original eight allegations are summarized in the three categories listed
above.
Complaint 15-01 - CPRB acknowledges cultural differences and mannerisms may make it
difficult to accurately assess and interpret behavior, especially when compared to others
behavior/responses.
Name -Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name -clearing hearing has been held. During this fiscal period, the Board scheduled two
name -clearing hearings, but none were held.
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Complaint Histories of Officers
City ordinance requires that the annual report of the CPRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. In the seven complaints covered by the FY14 annual
report a total of ten officers were involved with allegations against them.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the seven complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
* Category/Number of Complainants
Age:
National Origin:
Color:
Under 21
0
American
2
White 2
21 & over
4
Dominican
0
Black 1
Unknown
3
Unknown
5
Brown 1
Unknown 3
Sexual Orientation:
Gender Identity:
Sex:
Heterosexual
1
Female
1
Female 1
Unknown
6
Male
2
Male 2
Unknown
4
Unknown 4
Marital Status:
Religion:
Mental Disability:
Single
2
Unknown
6
No 0
Married
1
Jewish
0
Yes 1
Unknown
4
None
1
Unknown 6
Divorced
0
Physical Disability:
No 1
Yes 0
Unknown 6
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Melissa Jensen, Chair
Joseph Treloar, Vice Chair
Royceann Porter
Mazahir Salih
Maxime Tremblay/Fidencio Martinez
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