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05-18-2016 Community Police Review Board
MEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: May 13, 2016 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on May 18, 2016 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 05/18/16 • Minutes of the meeting on 02/17/16 • Minutes of the meeting on 04/26/16 • ICPD Memorandum #16-01 (December 2015 Use of Force) • ICPD Use of Force Report — December 2015 • ICPD Memorandum #16-03 (January 2016 Use of Force) • ICPD Use of Force Report — January 2016 • ICPD Memorandum — Quarterly Summary report IAIR/CPRB, 1" Qtr 2016 • Email correspondence from Joseph Jason • Memorandum from City Clerk regarding Boards and Commissions • Red line version of By-laws • Complaint Deadlines • Office Contacts — February 2016 • Office Contacts — March 2016 • Office Contacts — April 2016 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.oM AGENDA COMMUNITY POLICE REVIEW BOARD May 18, 2016 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 02/17/16 • Minutes of the meeting on 04/26/16 • ICPD Memorandum #16-01 (December 2015 Use of Force) • ICPD Use of Force Report — December 2015 • ICPD Memorandum #16-03 (January 2016 Use of Force) • ICPD Use of Force Report — January 2016 • ICPD Memorandum — Quarterly Summary report IAIR/CPRB, 1" Qtr 2016 • Email correspondence from Joseph Jason ITEM NO. 3 OLD BUSINESS • Community Forum ITEM NO. 4 NEW BUSINESS • By -Laws ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • June 14, 2016, 5:30 PM, Helling Conference Rm • July 12, 2016, 5:30 PM, Helling Conference Rm • August 9, 2016, 5:30 PM, Helling Conference Rm • September 13, 2016, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — February 17, 2016 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:32 P.M. MEMBERS PRESENT: Royceann Porter, Joseph Treloar MEMBERS ABSENT: Donald King, Mazahir Salih STAFF PRESENT: Legal Counsel Ford, Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Hart of the ICPD RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Treloar, seconded by Porter, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 01/20/16 • Minutes of the meeting on 01/25/16 • ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 4th Quarter 2015) Motion carried, 3/0, King and Salih absent. OLD BUSINESS Community Forum — Tuttle went through the available dates at the library to hold the forum. After discussion, the Board agreed on Tuesday, April 261h at 6:OOPM. Tuttle also went over the process of how and where she will publicize the forum and also stated she would forward the notice to Board members so they could also post or email the notice giving the forum information. Jensen stated she would still like to do some sort of short presentation at the beginning of the forum, possibly just an overview of what the Board does. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. CPRB February 17, 2016 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 8, 2016, 5:30 PM, Helling Conference Rm • April 12, 2016, 5:30 PM, Helling Conference Rm • April 26, 2016, 6:00 PM, ICPL (Community Forum) • May 10, 2016, 5:30 PM, Helling Conference Rm • June 14, 2016, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter. Motion carried, 3/0, King and Salih absent. Meeting adjourned at 5:41 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2015-2016 (Meeting Date) TERM 2/10 3110 4/7 4/28 5/20 6/16 7/20 9/8 10/12 12/16 1/20 1125 2/17 NAME EXP. Melissa 9/1/16 X X X X X X X X X X X X X Jensen Joseph 9/1/17 X X X O/E X X X X X X X X X Treloar Royceann 9/1/16 O X X X O O/E O/E O X O X X X Porter Mazabir 9/1/17 X O/E X X OIE O O X O O/E O X O Salih Fidencio 9/1/15 X X O X X X X -- --- --- --- --- --- Martinez Donald 9l1/19 -- --- --- --- --- -- -- --- X X X X O lung KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting — — Not a Member DRAFT CITIZENS POLICE REVIEW BOARD COMMUNITY FORUM April 26, 2016, 6:00 P.M. IOWA CITY PUBLIC LIBRARY 123 South Linn Street, IC CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 6:00 P.M. MEMBERS PRESENT: Melissa Jensen, Joseph Treloar, Royceann Porter, Mazahir Salih, Donald King MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Patrick Ford and Staff Kellie Tuttle (Transcriptions are available) INTRODUCTION OF THE BOARD & BRIEF OVERVIEW. CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS None to accept. PUBLIC DISCUSSION The following individuals appeared before the CPRB: Mike Smithey Iowa City ADJOURNMENT Meeting adjourned at 6:08 P.M. (Forum Summary will be submitted to Council) COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2015-2016 (MeetinjI Date) TERM 3110 4/7 4111 5120 6116 7/20 9/8 10112 12/16 1/20 1/25 2/17 4/12 4/26 NAME EXP. Melissa 9/1/16 X X X X X X X X X X X X NM X Jensen Joseph 9/1/17 X X O/E X X X X X X X X X NM X Treloar Royceann 911116 X X X O O/E O/E O X O X X X NM X Porter IVlazahir 9I1117 O/E X X OIE O O X O O/E O X O NM X Salih Fidencio 9/1i15 X O X X X X --- --- --- --- --- --- --- --- Martinez Donald 9A/19 --- --- --- --- -__ ___ --- X X X X O NM X King KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member DEPARTMENT MEMO #16-01 TO: Chief Hargadine FROM: Captain Douglas S. Hart RE: December 2015 Use of Force Review DATE: February 3, 2016 FEB 0 3 2016 City Clerk Powa City, Iowa The "Use of Force Review Committee" met on February 3, 2016. It was composed of Captain Hart, Sgt. Gaarde, and Officer Gonzalez. For the review of submitted reports in December, 25 Officers were involved in 25 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: no Tasers were displayed or deployed, OC was deployed once, there were no SRT calls, in 6 other incidents officers responded to calls where their firearm was displayed, 3 animals were dispatched. Of the 25 incidents no suspects and 1 officer was injured. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Committee FE8 0 31016 IOWA CITY POLICE DEPARTMENTCity Clerk Use of Force Report Iowa City, Iowa December 2015 Officer Date Incident Incident Force Used Badge Number # Number# 66,25,30, 12/3 2015012779 Arrest The subject was placed under arrest for 97 Warrant an arrest warrant. The subject pushed officers away. Wrist locks and a takedown method was used to gain compliance as the subject continued thrashing. The subject then began kicking while in the back of the squad car and leg restraints were used. 66,2,10 12/6 2015012876 Fight In The subject was placed under arrest for Progress fighting. Officers had to physically pull the subject off of the other subject. Wrist locks were used for cuffing. The subject then tried to spit on officers and he was placed on the ground until a spit mask could be retrieved. The subject continued to resist and had to be manually carried into the squad car. 55,10 12/6 2015012876 Fight In The co-defendant was being arrested. Progress The subject was being placed under arrest and ran. One officer used a wrist lock and another used OC spray to gain compliance from the subject who continued to try to pull away. 18 12/6 2015012885 Weapons The officer drew his sidearm upon observing a pistol sitting on the subject's lap. 41,35 12/8 2015012952 Out with The Officers held the subjects arms down Subject to his torso to prevent the subject from struggling any further. An armbar was later used to further the cuffing process. 30,66,35 12/9 2015012992 Trespass The Officers had to manually place the subject in the back of the squad car after he refused cooperation. �!7 30 12/9 2015012994 Trespass Wrist locks were used to affEB &MM. 37 12/11 2015013089 Fight In ' The subject was placed un,de he Progress subject pulled away anW 45t a' Officers hand away. An armbar and takedown method were utilized to affect custody. 66 12/9 2015013099 Assist other The Officer assisted two other agencies Agency with a felony traffic stop. The officer displayed his sidearm. 36,8 12/13 2015013142 Out With The subject ran from officers. A takedown Subject method was used to gain custody. 8,48,45,8 12/13 2015013148 Search Officers displayed their sidearms while 7,97,51, Warrant securing a residence for a search warrant. 37 8 12113 2015013169 Arrest The Officer displayed his sidearm as he Warrant assisted another agency with a felony stop of the vehicle. 36 12/18 2015013319 Out with An armbar was used to place cuffs on the Subject subject. 41 12/20 2015013405 Intoxicated An armbar and escort method was used to Subject direct the kicking person to the awaiting squad vehicle. 24 12/20 2015013410 Animal The Officer used a shotgun to dispatch a wounded deer. 67 12/20 2015013411 Disturbance After the subject was informed of being under arrest, she tried to push past the officer. An armbar was used to affect custody. 37 12/20 2015013413 Animal The Officer used a sidearm to dispatch a wounded deer. 37 12/20 2015013423 Domestic The Officer displayed his sidearm after having to force entry into the residence. 10,3 12/24 2015013537 Intoxicated Officers had to escort the intoxicated Subject subject to the patrol car. Officers also had to carry the subject into the hospital as well as remove the subject from the patrol vehicle for entry to the jail. 59,98 12/24 2015013540 Burglary The subject had gotten his cuffed hands in front of him. The subject tried pulling away. The subject was taken to the ground so he could be cuffed again behind his back. 2 12/25 2015013555 Fight in The Officer used a wristlock to gain Progress custody. 62 12/27 2015013600 Traffic Stop The vehicle fled the area of the traffic stop. The Officer briefly pursued the vehicle before the driver of the vehicle fled on foot. 16 12/29 2015013642 Intoxicated The Officer displayed his taser at a Subject subject refusing to enter the ambulance and squaring off aggressively at Officers. 64 12/30 2015013672 Animal The Officer used a sidearm to dispatch a wounded deer. 67 12/31 2015013685 Assist Other The Officer displayed his patrol rifle in the Agency direction of a subject who had previously fled the scene of a traffic stop. FEB 0 3 2916 City Clerk Kowa City, Iowa DEPARTMENT MEMO #16-03 TO: Chief Hargadine FROM: Lieutenant David Droll RE: January 2016 Use of Force Review DATE: April S, 2016 The "Use of Force Review Committee" met on March 25, 2016. It was composed of Lt. Droll, Sgt. Gaarde, and Officer Zacharias. For the review of submitted reports in January, 38 Officers were involved in 37 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: Two Tasers were displayed and one was deployed, OC was deployed once, there were no SRT calls, in seven other incidents officers responded to calls where their firearm was displayed, eight animals were dispatched. Of the 37 incidents 5 suspects and 3 officers were injured. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Committee 1pWA CITY , WA CITY , , DEPARTMENT Numb xr Use of Force11 POLICEJanuaryI , POLICE Officer Date Incident Incident Force Used =Ty Badge Number # = Number# -, 33 01/01 2016000014 Fight In The officer gave verbal commands and Progress displayed his taser at a subject who had another in a chokehold. While the subject continued, the officer holstered his taser and used a takedown method to gain compliance. 19 01/01 20160050 00 Animal The Officer used a sidearm to dispatch a wounded deer. 2 01/06 2016000207 Out with Wrist locks were used to gain custody of Subject the subject. 18 01/06 2016000224 Animal The Officer used a sidearm to dispatch a wounded deer. 30 01/06 2016000227 Animal The Officer used a sidearm to dispatch a wounded deer. 12 01/06 2016000232 Domestic The subject tried punching the Officer. A wrist lock was used to gain compliance. The subject then tried biting the officer whereupon the subject was placed on a chair. 8,60,24,9 01/07 2016000271 Search The Officers displayed sidearms while ,87 Warrant securing a residence for a search warrant. 15 01/07 2016000271 Search While outside the above listed residence, Warrant a subject was taken into custody and attempted to run. The subject was taken to the ground with a takedown technique. 66 01/08 2016000305 Animal The Officer used a sidearm to dispatch a wounded deer. 46 01/08 2016000317 Animal The Officer used a sidearm to dispatch a wounded deer. 91,66,30, 01/09 2016000326 Intoxicated Wrist locks, a takedown method, and an 37 Subject escort technique was used to take the combative subject into custody to be placed in a squad car. The subject continued kicking in the squad and was removed for leg restraints application. January 2016 Use of Force Report 24 01/14 2016000450 Search The Officers displayed sidearms while 52,66:14, Warrant securing a residence for a search warrant. 38,8,60, 87 66 01/14 2016000450 Search While serving a search warrant, the Warrant subject resisted verbal commands. A wrist lock and escort method were used to affect custody 8 01/14 2016000450 Search The subject lunged towards the officer and Warrant a takedown technique was used. 41,62 01/14 201600458 Domestic Escort techniques were used to direct the subject to the awaiting squad vehicle for transport. The subject then kicked at officers while being placed in the back of the squad car. Leg restraints were used 10 01/15 2016000477 Search The subject refused to be placed in the Warrant back of the squad car. The officer had to pull the subject into the back of the squad. The subject later tried to spit on the jail deputies and the officer assisted the jail staff in holding the subject on the ground. 42 01/15 2016000485 Animal The Officer used a sidearm to dispatch a wounded deer. 9 01/15 2016000515 Animal The Officer used a rifle to dispatch a wounded skunk. 41,66 01/16 2016000522 Traffic stop The subject kept putting his hands into his pockets. One officer displayed his sidearm at a subject outside of the vehicle while another displayed his sidearm at the remaining occupants. 66 01/16 2016000522 Traffic Stop The driver of the above incident was placed under arrest and refused to turn around for cuffing. The officer placed the suspect against the car and applied cuffs while the subject was still trying to turn towards the officers. 68 01/17 2016000530 Intoxicated An escort technique was uMed. Upon Subject arrival at the hospital; the officer assisted the medical staff restraining"Yhe subject by holding his wrist and arm. M" January 2016 Use of Force Report ' 8,24,25,4 2/29 2016000542 Search The officers displayed sidearm and/or 4,90,4,60 Warrant patrol rifles during the initial securing of ,53,31,38 the residence for service of a search ,58,16 warrant. 18,2 01/18 2016000546 Suicidal Subject reported to have been armed with Subject a knife. One officer displayed a taser while another officer used a wrist lock and takedown method to secure the subject. 27,65 01 /18 2016000554 Theft The subject tried to pull away and a takedown technique was used. Wrist locks were used to affect custody. 24,52,37, 01/19 2016000584 Search The Officers displayed sidearms, 14,38, Warrant shotguns, or a patrol rifle while securing a residence for a search warrant. 35,91,9, 01/24 2016000792 Intoxicated After being placed in custody, the subject 37 Subject began to bang his head on the inside of the squad. The officers removed him whereupon he began kicking officers. Leg restraints were used. At the UIHC, the officers assisted the hospital staff in further restraining the still hostile and kicking subject. 24,48,8, 01/25 2016000821 Search The Officers displayed sidearms while 38,52,14, Warrant securing a residence for a search warrant. 16,87 24,8,44 01/28 2016000935 Search The Officers displayed a sidearm, Warrant shotgun, and patrol rifle while securing a residence for a search warrant. 34, 10, 01/28 2016000937 Intoxicated While arresting a subject, he pulled away. 58 Subject The officer was able to direct him to the ground. A wrist lock was used to place cuffs on the subject. 2 01/28 2016000938 Intoxicated The Officer had to carry the non -compliant Subject subject to the squad car. 16 01/29 2016000979 Fight In The Officer used his taser to stop a Progress subject actively fighting/assaulting bar staff and the officer. 2 01/30 2016000982 Fight In The officer had to force entry into a Progress residence for a domestic. The officer used a wrist lock to take the suspect into custody. 68 01/30 2016000984 Intoxicated The Officer had to remove subject Subject from the back of the squad 69r after the subject refused to comply wEg requests. January 2016 Use of Force Report 2,7 01/30 2016001017 Ear Check The subject was placed under arrest and tried to turn away. The subject was directed to the ground and threatened with the use of OC. With a wrist lock, cuffs were able to be applied. 2 01/31 2016001023 Assault The subject was under arrest for assault. A wrist lock was used as well as an escort method to the squad vehicle. The subject tried spitting on officers so a spit hood was also used. 18 01/31 2016001024 Assist Other The Officer used an escort technique to Agency assist another agency with an already cuffed subject who was tried to pull away from officers. 19 01/31 2016001030 Animal The Officer used a sidearm to dispatch a wounded raccoon 4- January 2016 Use of Force Report Memorandum TO: File FROM: Lieutenant Droll - Acting Administrative Services Commander RE: Quarterly Summary Report IAIR/CPRB, 15` Quarter 2016 DATE: April 13, 2016 Attached you will find the IAIR/CPRB 2016 first quarter summary report for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There were two investigations initiated in the first quarter of 2016. Of these, one was initiated externally and one internally. cc: CPRB Chief Hargadine Cpt. Troy Kelsay Sgt. Doug Hart i mm C C W cc E E 0 am C6 a U O C WP A K O O T O O Marian Karr From: Marian Karr Sent: Wednesday, March 09, 2016 11:36 AM To: 'Joseph M. Jason'; Kellie Tuttle; Council; Mondicsj; Jabwab; Polly Tommey; Tony Leys; Bruce [DOC] Sieleni; Bconstable; Ron Honberg Subject: RE: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors Dear Mr. Jason, Thank you for your correspondence. I will forward to the City Council and to the Community Police Review Board. If you would like to formally file a complaint with the Police Department and/or the Board please contact me. Marian K. Karr, MMC City Clerk From: Joseph M. Jason [mailto:jmj2400@yahoo.com] Sent: Wednesday, March 09, 2016 11:17 AM To: Joseph Jason; Kellie Tuttle; Council; Mondicsj; Jabwab; Polly Tommey; Tony Leys; Bruce [DOC] Sieleni; Bconstable; Ron Honberg Subject: Re: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors Sent from Yahoo Mail on Android F2f*)*DVD?*' ©Lk©>z„ ,x* I ** From:"Joseph M. Jason" <jmj2400@yahoo.com> Date:Mon, Apr 21, 2014 at 1:25 PM Subject: Criticism of Iowa City Police Department, Johnson County Prosecutor and Johnson County Board of Supervisors The following is testimony from Joseph M. Jason -President of National Alliance on Mental Illness -BA regarding inappropriate handling of people with Asperger Syndrome by the Iowa City Police Department and Johnson County Prosecutor's Office Re: Daniel S. Jason To: Kellie Tuttle From:Joseph M. Jason -President -National Alliance on Mental Illness -BA Email sent 04/05/2014 Mr. Hargadine: I also wanted to share my criticism of your police department with you. I just wanted to give you information on the Criminalization of Asperger Syndrome in Iowa City. I watched the trial of my son. Your police department is also a large part of the problem in the Criminalization of Asperger Syndrome. They have been part of implementing cruel and unusual punishment on the autistic community. I have done radio interviews and been interviewed for new articles. Your police officers do not understand mental illness and Asperger Syndrome nor do they want to. I thought it was very interesting that Detective Hartman ignored me when I met with him. He was just typing and doing his work. Also he did not bother to watch Dr. Mills testify regarding Daniel's actions. He only listened to Dr. Gunter who did not have the cooperation of Daniel. This has been a shameful episode in Iowa City. My son could get 55 years for non-violent crimes. He never went to Iowa and never harmed anybody. Detective Hartman's deposition was filled with numerous factual inaccuracies. He looked all over for the whereabouts for Daniel. He contacted shelters and motels. He did everything, but call my house where Daniel was living. Joseph M. Jason, President NAMI BA (847)537-3009 Board Member of Criminal Justice Advocacy for People with Mental Illness Board Member CURE Illinois 583 Cobblestone Lane Buffalo Grove, Illinois 60089 The following is testimony presented to Washington. 04/04/2014 To:Ms. Lina Perez Office of Autism Research Coordination National institutes of Mental Health, NIB 6001 Executive Boulevard, NSC Room 6182A Rockville, MD 20852 Phone: 301-443-6040 E-mail: IACCpublicinguiries(a mail.nih.gov To: kellie-tuttle(aiowa-city.org From: Joseph M. Jason -President of National Alliance on Mental Illness -Barrington Area and CURE Illinois Board Director My son with Asperger Syndrome has undergone cruel and unusual punishment in the State of Iowa by the state and federal government since March of 2007. He has been incarcerated with the exception of four months in jails and prisons for non-violent crimes. Please read the following information from my petition that follows. 1 have done a radio interview and had articles written in the paper about the grave injustice happening to my son due to his Asperger Syndrome. The crucifixion of Daniel S. Jason in Iowa City, Iowa Posted on_September 28, 2013 by iosephmiason Overzealous Prosecutors in Johnson County take care of the mentally ill problem by Joseph M. Jason -President NAMI BA Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 ,years for non-violent crimes. The trial was going to commence October 22, 2013, but there had been a continuance. The trial took place on February 25, 2014 and lasted three days. The actions of the prosecution in Iowa City are indicative of the criminalization of Asperger Syndrome. My son was tried at this date for extortion and stalking. My son sent various emails and made two phone calls. These charges are a travesty. My wife and I met with the prosecutor in December of 2012 and explained Asperger Syndrome and mental illness. We explained that our son's behavior is childlike rather than criminal. We told them he needs treatment and not incarceration. We gave them a forensic psychiatrist's report that demonstrates he is not violent. He is a nuisance. We told them that his behavior according to Dr. Mills is typical of one with Asperger Syndrome. We told them he has an organic brain disorder. His criminal behavior consists only of phone calls and emails. This meeting has made no difference. If the Iowa prosecutor's office was serious about avoiding an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement of ten ,years. During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want to contact his ex -girlfriend so he chose a flawed way. He had her phone number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in the Johnson county, auditor's office. This referred to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous Johnson County prosecutors. Perhaps the voters of Iowa should be told how much it has cost to prosecute and imprison Daniel in Iowa. The typical offender sitting in Johnson County right now has been charged with robbery, theft, murder, sexual abuse, domestic abuse assault, drug offenses etc. My son is not a thug, but yet will get the stiffest sentence out of all of them. It is the criminalization of Asperger Syndrome. A full one-third of the nation's states get a D or F grade for using mental health courts and crisis intervention teams (CIT) — diversion programs proven to reduce the criminalization of mental illness, the study found. Iowa received a well deserved F. "People with untreated psychiatric disease should be getting the treatment they need before law enforcement shows up at their door because of behaviors caused by their illness," said Doris A. Fuller, executive director. I had a deposition earlier this year recently and they tried to twist Dr. Mills' report. They not only want to lock him away for 55 years, but they extended the time period of the stalking to include the time he has been in jail. That is punishment fit for a major drug dealer and/or murderer. This case, as it always has, cries out for treatment and not incarceration. I have found a place for my son to live. It is called Trinity in Illinois and it is an excellent place for people with issues similar to my son. That is where he belongs. Daniel was living with us for the entire time and did not go to Iowa. This has not stopped the charges of stalking and extortion. This is not what our founding fathers envisioned that America should be. Daniel has already been in jail and prisons for most of the time since 2007. Dr. Mills has stated that Daniels's so called criminal conduct is caused by his Asperger Syndrome. "Mr. Jason cannot legitimately be considered morally responsible for his misconduct." Dr. Mills also states that "The lack of significant history of violence is important." As stated in the article, Forensic aspects of Asperger's Syndrome by Justin B. Barry -Walsh and Paul E. Mullen in the Journal of Forensic Psychiatry & Psychology, "It behooves us to draw to the court's attention the obvious: that patients with Asperger's Syndrome suffer from mental disorder and that their offending and subsequent disposition must be placed in this context. The core features of Asperger's Syndrome and how they determine what the individual knows and understand of the world should form a basis for sophisticated assessment of the issues of disability." .NAM1 National, Senator Durbin, and Senator Harkin have been apprised of this situation.. The Autism Society of America believes this to be the most egregious case in the United States. Even Drew Peterson and other murderers have received less of a sentence than my son is facing. Daniel has a brain disorder and needs mental health treatment not incarceration. National organizations such as NAMI and CURE are following this trial. This typifies everything that is wrong in the State of Iowa regarding the Criminalization of the Mentally III and Asperger Syndrome. This Crinunalization of the Mentally ill must be confronted and stopped. I have seen and heard the overzealous prosecutors. It took courageous people to say no to slavery in our history. We must say no to the incarceration of our non-violent mentally in. This is my mission in life. 1 have personally endorsed John Zimmerman for Johnson county Attorney. He gets it. 3 Finally here is an email sent to National NAMI-Ron Honberg on April 20, 2014 Ron: My son is having another trial on Tuesday, April 22 for being a habitual offender. He is on the way of getting a potential 55 years. H e was found guilty of stalking and extortion in his previous trial This must be an issue addressed by National NAMI in the White House and all over the country. How can you charge a non-violent offender with this when they have an organic brain disorder that needs medication? lain appalled by the injustice in Iowa City and the Criminalization of Asperger Syndrome. They have a lynch mob mentality within Johnson County. The Judge did not allow Dr. Mill's testimony as the primary testimony. It was only allowed as a rebuttal. The Judge would not allow a continuance to have Daniel sign over his medical records. Thus the other Forensic Psychiatrist who spent very little time with Daniel and did not have his cooperation was the primary evidence in the trial. Also the Johnson County Board supervisor is stating that Daniel will kill his ex - girlfriend if he is released. I question whether the county is capable of having a fair trial. They allowed evidence in the trial for which he was convicted of when he defended himself. This by itself is grounds for Appeal. During the trial Dr. Mills testified that Daniel has no history of violence. In fact people with Asperger Syndrome are more likely to be bullied. Daniel did not have intent and is not a stalker. His actions are part of having Asperger Syndrome and not a suitor stalker. His actions were flawed and ambivalent. He did not want to contact his ex -girlfriend so he chose a flawed way. He had her phone number and did not call it. He was blowing off steam. Daniel cannot connect the dots. There is a disconnect between how we feel and how he feels. Daniel made reference to an embarrassing incident in the Johnson county auditor's office. This referred to an employee who defecated in their pants. He was given two counts of extortion for this by overzealous Johnson County prosecutors. The bottom line is Daniel is non-violent based upon his history and this time never went to Iowa City. They could have contacted me without arresting him. I am personally trying to help the candidate running against this overzealous prosecutor. I have blogged all over the internet to get the truth out there. John Zimmerman is a progressive person who gets it. This case has national consequences. We must do everything that we can do to stop this Criminalization of Asperger Syndrome and mental illness. There are many other cases out there where people also need help. Dr. Mills said this was in the top 2 or three for most egregious cases. He is appalled and upset by the convictions and he is an Asperger Syndrome expert. We must save a life and save a world. Joseph M. Jason, President NAMI BA Board Member of Criminal Justice Advocacy for People with Mental Illness Member/Director of CURE (847)537-3009 CITY OF IOWA CITY MEMORANDUM Date: April 4, 2016 To: Boards and Commissions StafffJ From: Marian K. Karr, City Clerk JkO, Re: Boards and Commissions HistorvlBackground: In November 2015 staff recommended two changes to the present Board and Commission application process. The first redefined and expanded definition of prohibited relationships to be consistent with the City's current personnel policy and adopted a formal policy that addressed the reappointment process for current board and commission members. Res. #15-300 was adopted addressing those issues. The second change recommended was to make the application process more user friendly and increase diversity of the applicant pool by streamlining the application, provide for email submissions, and improved printing capabilities. Staff also outlined a process for individuals to apply for multiple Boards and Commissions at one time, retain the applications for a longer period, and Council appointments be made twice a year. Course of Action: Currently all Boards and Commissions vacancies open at different times throughout the year with the majority being at the end and beginning of the year. In order to group the vacancies to provide for appointments twice a year it is necessary to create new terms with by-law changes. Vacancies will be divided into two groups. Twelve Boards and Commissions will be retaining the same terms and do not need by-law changes. However, it will be necessary for five Boards and Commissions to change their by-laws to reflect new terms of July 1. We do realize that this would shorten or lengthen a few terms for the first appointments. A list of all City board and commission is attached and shows those requiring by-law changes and adjustments to accomplish the first appointment cycle. office will assist you with agenda items a By grouping the appointments we hope to streamline the application process, allow people to apply for more than one board or commission at the same time, create a candidate pool and hopefully bring more attention to all openings when they occur_ S,bdsandcommfapplicalionslmemoform 11 Requires By -Law change New Term Changein Current Term Ending Commission End Date current term 3/29 Airport 7/1 Extend 3 mo 3/29 Telecommunications 7/1 Extend 3 mo 3/29 Historic Preservation 7/1 Extend 3 mo 5/1 P&Z 7/1 Extend 1 mo 9/1 HCDC 7/1 Shorten 2 mo 9/1 CPRB 7/1 Shorten 2 mo Requires No By -Law change 12/31 Airport Zon Brd Adj Same 12/31 Airport Zoning Same 12/31 Ord Appeals Same --- 12/31 Senior Center Same 12/31 Review Brd Same 12/31 Ass. Exam Brd Same --- 1/1 Brd Adjustment Same 1/1 Human Rights Same --- 1/1 Parks & Rec Same --- 1/1 Public Art Same --- First Mon of April Civil Service Same -- 7/1 Library Same --- IOWA CITY COMMUNITY POLICE REVIEW BOARD BY-LAWS (Revised 05/16, Res. 16. ) BY-LAWS IOWA CITY COMMUNITY POLICE REVIEW BOARD ARTICLE I. AUTHORITY The Community Police Review Board formerly known as the Citizens Police Review Board (hereafter referred to as the Board) shall have that authority which is conferred by Chapter 8 of the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE The purpose of the by-laws stated herein is to provide for the general welfare of the Iowa City community by establishing a Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive absences of a Board member, without excuse of the Chairperson, from regular or special meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. 2 Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on September July 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. This meeting time may be rescheduled upon agreement by a majority of the Board. Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given to each Member and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non -agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible .s3 City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City, ARTICLE VII. PUBLIC RECORDS: EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa E Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein com- plained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policv. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. May 18, 2016 s CIMCPRBOyl.w. dac May 18, 2016 Mtg, Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #16-02 Filed: 02/08/16 Chief's report due (90 days): 05/09/16 Chief's report filed: 04/29/16 CPRB meeting #1 (Review): 05/18/16 CPRB report due (90 days): 07/29/16 TENTATIVE MEETING SCHEDULE June 14, 2016 July 12, 2016 August 9, 2016 September 13, 2016 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS February 2016 Date Description None COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS March 2016 Date Description None COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS April 2016 Date Description None