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Home My WebLink About10-11-2016 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: October 6, 2016 TO: CPRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on October 11, 2016 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 10/11/16 • Minutes of the meeting on 09/13/16 • Lunch and Learn Invitation — Date Correction • Office Contacts — September • Complaint Deadlines Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org AGENDA COMMUNITY POLICE REVIEW BOARD 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NOA CALL TO ORDER and ROLL CALL ITEM NO.2 REPORT FROM NOMINATING COMMITTEE ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/13/16 ITEM NO.7 MEETING SCHEDULE and FUTURE AGENDAS • 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 • February 14, 2017, 5:30 PM, Helling Conference Rm ITEM NO.8 OLD BUSINESS ITEM NO.9 NEW BUSINESS CPRB-Page 2 October 11. 2016 ITEM NO.10 PUBLIC DISCUSSION ITEM NO.11 BOARD INFORMATION ITEM NO.12 STAFF INFORMATION ITEM NO.13 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.14 ADJOURNMENT DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — September 13, 2016 CALL TO ORDER: Vice Chair Joseph Treloar called the meeting to order at 4:36 P.M. MEMBERS PRESENT: Monique Green, Donald King (5:30 P.M.), Mazahir Salih (5:35 P.M.), Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Kellie Fruehling, Staff and Patrick Ford, Legal Counsel STAFF ABSENT: None OTHERS PRESENT: John Kirby, Public RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Annual report NEW MEMBER ORIENTATION Vice Chair Treloar handed out an outline for the orientation. He went over a description of the Board, the complaint process, and Board member responsibilities. During the orientation, John Kirby, a member of the public, asked questions concerning a potential complaint he might have. Treloar explained the process to him and also stated that the Board would not comment unless a complaint form had been filed and the process followed. Kirby thanked the Board and left the meeting and Treloar continued with the orientation. Motion by Townsend, seconded by Green to recess the meeting until 5:30 P.M. to allow the remaining members to arrive. Motion carried, 3/0, King and Salih absent. (Recess at 5:12 P.M. until 5:30 P.M.) CONSENT CALENDAR Motion by King, seconded by Green, to adopt the 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 Motion carried, 4/0, Salih absent. September 13, 2016 Page 2 OLD BUSINESS None. NEW BUSINESS Select Nominating Committee - King and Townsend volunteered to be on the nominating committee. They will report back to the Board with recommendations for Chair and Vice Chair at the next meeting. CPRB FY16 Annual Report (DRAFT) — The Board reviewed the draft prepared by staff of the annual report. Motion by King, seconded by Salih, to approve the annual report as drafted and forward to the City Council. Motion carried, 5/0. PUBLIC DISCUSSION None. BOARD INFORMATION Salih informed the Board of the annual fundraiser dinner for the Center for Worker Justice on Friday, October 14th at St Patrick's Catholic Church. STAFF INFORMATION Fruehling stated that there would be no executive session due to the Board receiving the complaint information (including audio/video) at the meeting and having no time to review. EXECUTIVE SESSION Not needed. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chance) • October 11, 2016, 5:30 PM, Helling Conference Rm • November 8, 2016, 5:30 PM, Helling Conference Rm (Election day, will be rescheduled) • December 13, 2016, 5:30 PM, Helling Conference Rm • January 10, 2017, 5:30 PM, Helling Conference Rm Staff will coordinate with members and try to schedule another meeting before the tentatively scheduled October 11th meeting. ADJOURNMENT Motion for adjournment by Salih, seconded by King. Motion carried, 5/0. Meeting adjourned at 5:49 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 9/13 NAME EXP. Melissa 9/1116 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 X Treloar Royceann 9r'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 WE 0/E X X Salih Donald 9/1/19 X X X X O NM X X X X O/E X King Monique 7/1/20 --- --- --- --- --- --- -- --- --- --- --- X X Green Orville T 20 --- --- --- --- --- --- --- --- --- X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member 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 FYI are pending before the Board (16-03, 16-04). Allegations CPRB Annual Report FY 2016 — Approved 09/1312016 — 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 415-02 — 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 09/13/2016 — 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 Color: 0 White 0 2 Black 1 Brown 0 Unknown 1 Sex: 0 Female 0 1 Male 1 1 Unknown 1 Mental Disability: 1 No 0 Yes 1 Unknown * 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 CPRB Annual Report FY 2016 — Approved 09/13/2016 — 3 Kellie Fruehlin From: Marian Karr Sent: Wednesday, October 05, 2016 8:35 AM To: Bob Miklo; Janet Dvorsky; Karen Jennings; Kellie Fruehling; Kristopher Ackerson; Linda Kopping; Marcia Bollinger; Marian Karr; Michael Tharp; Sarah Walz; Stefanie Bowers; Susan Craig; Tammy Neumann; Tim Hennes; Ty Coleman Subject: Lunch & Learn Fall 2016--Date Correction Importance: High The Lunch & Learn series has two upcoming sessions scheduled for this fall. Please see below for specific information. If you have not done so here is a link to the article Professor Sanders wrote on Burlington, Iowa. http://ir.uiowa.ed u/cgi/viewcontent.cgi?article=10480&context=annals-of-iowa RSVP to humanriehts@iowa-city.ora if you plan on attending. 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 7 12-1 pm Both sessions will be held at Emma J. Harvat Hall, City Ha COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS September 2016 Date Description None October 11, 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: 09/12/16 CPRB meeting #1 (Review): 10/11/16 CPRB report due (90 days): 12/12/16 CPRB Complaint #16-04 Filed: 06/28/16 Chief's report due (90 days): 09/27/16 Chief's report filed: 09/27/16 CPRB meeting #1 (Review): 10/11/16 CPRB report due (90 days): 12/27/16 CPRB Complaint #16-05 Filed: 09/15/16 Chief's report due (90 days): 12/14/16 Chief's report filed: ??/??/16 CPRB meeting #1 (Review): ??/??/16 CPRB report due (90 days): ??/??/16 TENTATIVE MEETING SCHEDULE November 8, 2016 December 13, 2016 January 10, 2017 February 14, 2017