HomeMy WebLinkAbout09-13-2016 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
September 8, 2016
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on September 13, 2016
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 09/14/16
• Minutes of the meeting on 08/17/16
• ICPD Memorandum #16-07 {March 2016 Use of Force}
• ICPD Use of Force Report — March 2016
• Complaint Deadlines
• Office Contacts —August 2016
• DRAFT — CPRB Annual Report for FY16
• Lunch and Learn Invitation
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
Tuesday, September 13, 2016 -
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 NEW MEMBER ORIENTATION
ITEM NO. 3 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 08/17/16
• ICPD Department Memorandum #16-07 (March 2016 Use of Force Review)
• ICPD Use of Force Report - March 2016
ITEM NO. 4 OLD BUSINESS
ITEM NO. 5 NEW BUSINESS
• Select Nominating Committee
• CPRB FY16 Annual Report -DRAFT
ITEM NO. 6 PUBLIC DISCUSSION
ITEM NO. 7 BOARD INFORMATION
ITEM NO.8 STAFF INFORMATION
ITEM NO.9 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. 10 MEETING SCHEDULE and FUTURE AGENDAS
• October 11, 2016, 5:30 PM, Helling Conference Rm
• November 8, 2016, 5:30 PM, Helling Conference Rm
• December 13, 2016, 5:30 PM, Helling Conference Rm
• January 10, 2017, 5:30 PM, Helling Conference Rm
ITEM NO. 11 ADJOURNMENT
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — August 17, 2016
CALL TO ORDER: Vice Chair Joseph Treloar called the meeting to order at 5:37 P.M.
MEMBERS PRESENT: Monique Green, Mazahir Salih (5:39 P.M.), Orville Townsend
MEMBERS ABSENT: Donald King
STAFF PRESENT: Staff Kellie Tuttle and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
None
NEW MEMBER INTRODUCTION
Current and new Board members themselves
CONSENT CALENDAR
Motion by Salih, seconded by Green, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 06/07/16
• ICPD Memorandum #16-05 (February 2016 Use of Force)
• ICPD Use of Force Report — February 2016
• Letter from Aaron Leonard with staff response
Motion carried, 4/0, King absent.
OLD BUSINESS
None.
NEW BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
The Board discussed briefly what items typically go on the consent calendar, procedures
concerning items from the police department, meeting frequency/forums, and complaint
procedures/executive sessions.
August 17, 2016
Page 2
Treloar informed the Board of the involvement he and King had meeting with the Civil Service
Commission and representatives from the search firm regarding the police chief recruitment.
Tuttle handed out minutes from the 7/13/16 meeting.
STAFF INFORMATION
Tuttle asked Board members to look over the Board contact list to make sure the information is
accurate.
EXECUTIVE SESSION
Not needed.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• September 13, 2016, 4:30 PM, Helling Conference Rm (Changed time to 4:30PM)
• October 11, 2016, 5:30 PM, Helling Conference Rm
• November 8, 2016, 5:30 PM, Helling Conference Rm
• December 13, 2016, 5:30 PM, Helling Conference Rm
• January 10, 2017, 5:30 PM, Helling Conference Rm
Vice Chair Treloar and new members agreed to meet at 4:30 on September 13th for an
orientation.
Members were asked to bring their schedules to the next meeting to look at the meeting dates
for Oct/Nov.
ADJOURNMENT
Motion for adjournment by Salih, seconded by Townsend.
Motion carried, 4/0, King absent.
Meeting adjourned at 6:03 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2015-2016
(Meeting Date)
TERM
9/8
10/12
12/16
1/20
1/25
2/17
4/12
4/26
5/18
5/23
6/7
8/17
NAME
EXP.
Melissa
9./1/16
X
X
X
X
X
X
NM
X
X
X
X
--
Jensen
Joseph
9/1/17
X
X
X
X
X
X
NM
X
O/E
X
X
X
Treloar
Roviceann
9/1/16
O
X
O
X
X
X
NM
X
X
X
O
---
Porter
Mazahir
9/1/17
X
O
O/E
O
X
O
NM
X
X
O/E
O/E
X
Salih
Donald
9/1/19
---
X
X
X
X
O
NM
X
X
X
X
O/E
King
Monique
7/l/20
---
---
---
---
---
---
---
---
---
---
---
X
Green
Orville
7/1/20
---
---
---
---
---
---
---
---
---
---
---
X
Townsend
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM —
No meeting
--- —
Not a Member
DEPARTMENT MEMO #16-07
TO:
Interim Chief Troy Kelsay
FROM:
Captain Bill Campbell
RE:
March 2016 Use of Force Report Review
DATE:
August 28, 2016
The Use of Force Review Committee met on July 20, 2016. It was composed of Capt. Campbell,
Sgt. Gaarde and Officer Bossard.
For the review of submitted reports in March, 42 officers were involved in 23 separate incidents
requiring use of force.
All issues or concerns were identified and addressed at previous levels of review. Of the
incidents reviewed: No Tasers were displayed and no Tasers were deployed; OC was deployed
once; there were no SRT callouts; officers displayed firearms during seven of the incidents; and
three animals were dispatched. During the 23 incidents, no suspects and two officers were
injured.
Please contact me if you have any questions.
Copy: City Manager, CPRB, All Police Supervisors, Review Committee
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IpWA CITY `WA CITY POLICE DEPARTMENT IpWA CITY
Use1Force Report
POLICE March 2016 P(ILICE
Officer
Date
Incident
Incident
Force lksed�
Badge
Number #
Number#
'
11,7,55
03/03
261600 2215
Intoxicated
The subject tried to pull awayand then
Subject
tried striking officers with his head. The
subject then laid down on the ground and
picked his legs up. The officers had to
pick the subject up and place him into the
squad.
64
03/m
2016o62292
Traffic Stop
The Officer displayed his sidearm at a
vehicle whom had fled previously.
41
03/05
2016002297
Animal Call
The officer used a sidearm to dispatch a
wounded deer.
47,43
3/8
2016002376
Fight In
The subject tried kicking officers. One
Progress
officer held the subject against the squad
vehicle while the other pulled the subject
into
into the squad for transport.
91,41,66,
3/09
2016002439
Assist Other
While DHS with a child removal,
63
Agency
the officers had to pull the subjects arms
off of the child. The subject then had to
be manually carried to the s uad car.
10
03111
2016002500
OWI
The Officer used an escort technique to
direct the subject to the squad. The
subject later tried to turn on the officer
whereupon the officer held the subject
against the wall until he complied with
verbal commands.
2,39,23,6
03/ 22
2016002546
OWI
The passenger in the vehicle refused to
7
exit the vehicle. The officers had to
physically remove the subject from the
vehicle. A taser was displayed and
e er spray was used.
9,61,35,4
03/12
2016002561
Armed
Side arms and patrol rifles were displayed
0,37,30,8
Subject
upon entry into a residence where a
,24,59,9
subject was reported to have been holding
another at gunpoint.
10
03113
2016002574
OWI
The subject later tried to turn on the officer
and thrash around whereupon the officer
held the subject against the squad until he
complied with verbal commands.
March 2016 Use of Force Report
7
03/14
2016002591
Intoxicated
The Officer used a wrist lock,tg affect the
Subject
cuffing process.
23,67,33,
03/18
2016002707
Suicidal
Wrist lock and escort;technigtes were
18
Subject
used to gain custody bf the eject and
get the subject into the ambplanee-
33
03/18
2016002707
Suicidal
The officer had to push the subject out of
Subject
the way as the subject tried grabbing onto
officers
33,39,18,
03/18
2016002707
Suicidal
Wrist locks and escort techniques were
67,36,10
Subject
used to gain custody of the subject and
get the subject into the squad car.
10,24
3/18
2016002732
Traffic Stop
The subject was being placed under arrest
and and pulled away. The Officers held
the subject against the squad as the
subject continued to struggle and pull
away. The subject was taken to the
ground whereupon compliance happened
after the threat of pepper spray.
9
3/19
2016002751
Animal Call
The officer used a sidearm to dispatch a
sickly raccoon.
10
3/22
2016002827
Stolen
The Officer displayed his sidearm until the
Vehicle
suspect was cuffed.
8, 90,48,
3/23
2016002876
Search
Officers displayed side arms while
40,9,38,
Warrant
securing a residence for a search warrant.
52,24
8,
3/31
2016002877
Search
The Officers displayed their side arms
19,24,53,
Warrant
during the service of a search warrant.
87,48,52
2,39
3/25
2016002928
Traffic Stop
A wrist lock was used to gain custody.
10,68,7,
3/26
2016002971
Armed
The officers performed a high risk stop on
39,24,57,
Robbery
a vehicle just involved in an armed
67
robbery. Side arms and patrol rifles were
displayed.
25,55
3/27
2016002994
Domestic
The suspect was hiding under a vehicle.
The Officers had to pull him out. A wrist
lock was later used for cuffing purposes
57
3/27
2016003061
Animal Call
The officer used a sidearm to dispatch a
wounded deer.
15,68,3,2
3/28
2016003103
Search
Officers displayed side arms or patrol rifles
Warrant
while securing a residence for a search
warrant.
March 2016 Use of Force Report
10
3/31
2016003150
Intoxicated
The subject tried walking away from the
Subject
officer. The subject was directed to the
ground after pushing off a wall onto the
officer. An escort method was used to
direct the subject into the 'ail
17
3/31
2016003152
Trespass
The subject approached with clenched
fists. The subject was taken to the ground
using a takedown method. Wrist locks
were used to affect cuffing.
P•Q
c)
JLG
ss
March 2016 Use of Force Report
September 13, 2016 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #16-03
Filed: 06/13/16
Chief's report due (90 days): 09/12/16
Chief's report filed: ??/??/16
CPRB meeting #1 (Review): 09/13/16
CPRB report due (90 days): ??/??/16
CPRB Complaint #16-04
Filed: 06/28/16
Chief's report due (90 days): 09/27/16
Chief's report filed: ??/??/16
CPRB meeting #1 (Review): ??/??/16
CPRB report due (90 days): ??/??/16
TENTATIVE MEETING SCHEDULE
September 13, 2016
October 11, 2016
November 8, 2016
December 13, 2016
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
August2016
Date Description
8115/16 Person called for complaint form.
8119/16 Mail complaint form per request.
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.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2016
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY16 the Board held eleven 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 2016 the Board held its eighth Community Forum as required by the City Charter. The
Board did introductions, a brief overview and an update of the name change was given, and the forum
was opened to the public for questions. There was one member of the public that spoke at the forum,
in which they thanked the Board for their service to the Community.
Board Members
In October 2015 officers were nominated with Melissa Jensen as Chair and Joseph Treloar as Vice -
Chair. Donald King was appointed in September of 2015 for a four-year term.
COMPLAINTS
Number and Type of Allegations
Five complaints (15-03, 16-01, 16-02, 16-03, 16-04) were filed during the fiscal year July 1, 2015 -
June 30, 2016. Two public reports were completed during this fiscal period (15-02, 16-02). Two
complaints were summarily dismissed (15-03, 16-01) and two complaints filed in FY16 are pending
before the Board (16-03, 16-04).
Allegations
CPRB Annual Report FY 2016 - Approved ??/??/2016 - 1
Complaint #15-02
1. Unprofessional Behavior— Rudeness and Harassment— NOT SUSTAINED.
2. Differential Treatment —Violation of Civil Rights —NOT SUSTAINED.
3. False Reports — NOT SUSTAINED.
Complaint #15-03
SUMMARILY DISMISSED
Complaint #16-01
SUMMARILY DISMISSED
Complaint #16-02
1. Questionable interview and Interrogation tactics — SUSTAINED.
2. Unlawful Seizure of the Complainant's cell phone — 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 2
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 Five allegations listed in the two 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 two of the reports:
Complaint #15-02 — The complete video and audio record alone clearly refutes all of the allegations of
misconduct as baseless. In fact, after extensive audio and video review during this investigation, the
Complainant agreed the officer did not commit the violations that were alleged.
Complaint #16-02 — If an interpreter was needed when the Complainant met with the investigator from
Internal Affairs, someone other than one of the officers named in the complaint should have been
used.
CPRB Annual Report FY 2016 — Approved ??/??/2016 — 2
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 one
name -clearing hearing, but none were held.
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 two complaints covered by the FY16 annual
report a total of six 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:
Under 21
0
American
21 & over
1
Unknown
Unknown
1
Sexual Orientation:
Gender Identity:
Heterosexual
0
Female
Unknown
2
Male
Unknown
Marital Status:
Religion:
Single
1
Unknown
Married
0
None
Unknown
1
Baptist
Divorced
0
Physical Disability:
No 0
Yes 1
Unknown 1
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Melissa Jensen, Chair
Joseph Treloar, Vice Chair
Royceann Porter
Mazahir Salih
Fidencio Martinez/Donald King
Color:
White 0
Black 1
Brown 0
Unknown 1
Sex:
Female
Male
Unknown
Mental Disability:
No
Yes
Unknown
CPRB Annual Report FY 2016 — Approved ??1??12016 — 3
Bring your lunch and enjoy!
For Current City Board and Commission members.
The Continuation of Conversations on Diversity
By University of Iowa College of Education
Professor Katrina M. Sanders.
One Will Be Held On:
Tuesday, October 25
12-1 pm
The Other On:
Wednesday, December 4
12-1 pm
Both sessions will be held at Emma J. Harvat Hall, City Hall.
Please RSVP to humanrights@iowa-city.org.
i
CPRB intro Training.
, /j--53 0, to
Description
The Iowa City Community Police Review Board:
Composed of five members:
A. Members must be residents of Iowa City
B. Appointed by City Counsel
C. One two-year, two three-year and two four year terms for initial appointments; four
year terms thereafter.. all expiring on July 1,
II. Investigates complaints against sworn police officers of the Iowa City Police Depart.
111. Reviews policies, procedures and practices of the Iowa City Police Dept.
A. The board maintains a registry of complaints and prepares annual reports to the City
Council on the disposition of these complaints.
IV. Conducts at least one public forum annually.
V. Board shall have no authority over police disciplinary matters, because only the Police
Chief or City Manager may impose discipline under Iowa Law.
A. Acts only in a civil, not criminal, capacity.
B. Not intended to be a court of law, tort claim process or other litigation process.
C. No action of the board shall be deemed to diminish, or limit, the right of any person to
file a claim or lawsuit against the city.
CPRB Complaint Process
1. Complainant files complaint form.
A. Complainant must have "Personal Knowledge" of the incident.
1. Complainant was directly involved in the incident.
2. Complainant witnessed the incident.
3. Complaints must be in writing.
B. If complainant is under age, or otherwise unable to complete the compliant form, the
complaint can be filed by their designated representative.
IT. Complaint form is delivered to the Equity Director, ICPD, and CPRB, wTho sends an
acknowledgment to the complainant.
III. CPRB can summarily dismiss the complaint if either:
A. The complaint does not involve conduct of an Iowa City police officer, or
B. The complaint is not filed within 90 days of the alleged misconduct.
1V_, Within 90 days after the complaint is filed, the Police Chief completes a confidential
report, arld forwards it to the complainant, the officer, the City Manager and CPRB.
V. CPRB reviews the chief's report and relevant audio and video recordings, and then
votes to set the level of review, which can be:
A. On the record with no additional investigation
B. Interview or meet with the complainant
C. lnterview or meet with the officer(s)
D. Request additional police investigation or assistance
E. Perform own investigation
F. Hire independent investigators
VI. Once CPRB completes the review, it votes on whether to "sustain' or "not sustain" the
complaint. Then, CPRB assigns a board member to draft the public report.
VII. CPRB meets to review and finalize the public report.
A. If the public report is not critical of the officer, CPRB votes to approve the public
report and present it to the city council. ('This must be done within 90 days of filing of the
chief's report.)
B. if the public report is critical of the officer, CPRB must offer a name -clearing hearing
to the officer.
1. CPRB must hold a hearing if the officer requests it.
2. After the hearing (or if the officer waives a hearing) CPRB meets to review, amend
and vote on the public report. The public report must be presented to tine city council
within 90 days of the filing of the chief's report.
Board Member Responsibilities
Maintain confidentiality.
A. All discussions by the board in closed session are confidential
B. All confidential reports received by the board must be destroyed. Old reports can be turned
back in to the City Clerk for shredding.
IT. Participate in investigations and the drafting of reports.
A. Review connplaints, tapes, documents and other evidence as necessary
B. Review policies, procedures and practices of the Iowa City Police Dept.
C. Assist in the drafting of reports to the Council.
111. Attend meetings of the board
A. Unescuscd absences from three board meetings in a row. constitnte grounds for the board to
recommend to the city council, that the board member be removed from the board.
B. No more than two board members may meet to discuss board business outside of a board
meeting. Three or more board members discussing board business constitutes a meeting and
is subject to all regulations concerning the open meetings law.
C. Board members are expected to attend all public forums conducted by the board when
possible.
Notes