HomeMy WebLinkAbout12-15-2016 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
December 12, 2016
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on December 15, 2016
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 12/15/16
• Minutes of the meeting on 11/07/16
• Minutes of the meeting on 11/15/16
• Office Contacts — November
• Complaint Deadlines
• Press Release: Citizens Police Academy
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.oro
AGENDA
COMMUNITY POLICE REVIEW BOARD
Thursday, December 15, 2016 — 5:45 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 11/07/16
• Minutes of the meeting on 11/15/16
ITEM NO. 3 PUBLIC DISCUSSION
ITEM NO. 4 BOARD INFORMATION
ITEM NO. 5 STAFF INFORMATION
ITEM NO. 6 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. 7 MEETING SCHEDULE and FUTURE AGENDAS
• January 10, 2017, 5:30 PM, Helling Conference Rm
• February 14, 2017, 5:30 PM, Helling Conference Rm
• March 14, 2017, 5:30 PM, Helling Conference Rm
• April 11, 2017, 5:30 PM, Helling Conference Rm
ITEM NO.8 ADJOURNMENT
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — November 7, 2016
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Mazahir Salih, Orville Townsend
MEMBERS ABSENT: Donald King
STAFF PRESENT: Kellie Fruehling, Staff and Patrick Ford, Legal Counsel
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #16-03 (pending a name clearing hearing being held or waived)
(2) Accept CPRB Report on Complaint #16-04
CONSENT CALENDAR
Motion by Salih, seconded by Townsend, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 10/11/16
Motion carried, 4/0, King absent.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Salih informed the Board that she was a committee member on the semi-finalist panel interviews for the
Police Chief search.
Fruehling handed out copies of the media release regarding the meet and greet for the three finalists
for the Police Chief position.
STAFF INFORMATION
Fruehling informed the Board that City Clerk Marian Karr would be retiring at the end of the year after
37 years with the City.
EXECUTIVE SESSION
Motion by Salih, seconded by Townsend 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, 4/0, King absent. Open session adjourned at 5:36 P.M
CPRB
November 7, 2016
Page 2
REGULAR SESSION
Returned to open session at 6:19 P.M.
Motion by Green, seconded by Townsend to accept CPRB Complaint #16-03 as amended and forward
report to the City Council pending a name clearing hearing being held or waived.
Motion carried, 4/0, King absent.
Motion by Salih, seconded by Townsend to accept CPRB Complaint #16-04 as amended and forward
report to the City Council.
Motion carried, 4/0, King absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
*December 13, 2016, 5:30 PM, Helling Conference Rm (Rescheduled to December 15th)
*December 15, 2016, 5:45 PM, tbd
.January 10, 2017, 5:30 PM, Helling Conference Rm
*February 14, 2017, 5:30 PM, Helling Conference Rm
.March 14, 2017, 5:30 PM, Helling Conference Rm
Motion by Salih, seconded by Green directing staff to schedule a tentative executive session only
meeting for Monday, December 51h at 5:45pm.
Motion carried, 4/0, King absent.
Motion by Salih, seconded by Green to reschedule the December 131h meeting to December 151h due to
report timelines.
Motion carried, 4/0, King absent.
ADJOURNMENT
Motion for adjournment by Salih, seconded by Green.
Motion carried, 4/0, King absent.
Meeting adjourned at 6:26 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2015-2016
(Meeting Date)
TERM
10/12
12/16
1/20
1121
2117
1/12
4126
5118
5/23
617
8117
9/13
10/11
11/7
NAME
EXP,
Melissa
9l1/16
X
X
X
X
X
NM
X
X
X
X
---
---
---
---
Jensen
Joseph
911/17
X
X
X
X
X
NM
X
O/E
X
X
X
X
X
X
Treloar
RoSceann
911/16
X
O
X
X
X
NM
X
X
X
O
---
---
---
---
Porter
Mazahir
911/17
O
O/E
O
X
O
NM
X
X
O/E
O/E
X
X
O
X
Salih
Donald
911/19
X
X
X
X
O
NM
X
X
X
X
O/E
X
O/E
O/E
King
Monique
7/l/20
---
---
---
---
---
---
---
X
X
X
X
Green
Orville
7/1120
---
---
---
---
---
---
---
---
---
X
X
X
X
Townsend
KEY: X =
Present
O
= Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Not a Member
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
November 7, 2016
To: City Council
Complainant
City Manager '
Equity Director
William A. Campbell, Interim Chief of Police ti
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #16-04
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #16-04 (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 Chiefs 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(13)(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 June 28, 2016. 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 September 27, 2016. The Police Chief also provided
a copy of audio or video recordings of the incident.
Prior to the meeting on October 11th, Board members reviewed audio or video recordings of the
incident. The Board met to consider the Report on October 11, 2016 and November 7, 2016.
The Board voted on October 11, 2016 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(13)(1)(a).
On October 11, 2006, the Board discussed all audio and video recordings they viewed of Complaint
#16-04.
FINDINGS OF FACT
On 04103/2016, at approximately 12:04 a.m., Officers A and B were assigned to foot patrol and were
conducting a bar check at the Sports Column Bar. Officer A located a person (the Complainant) who
appeared to be under age 21. He approached and requested identification. The Complainant stated his
ID was "outside" and Officer A followed. The Complainant, attempted to escape by running. He was
caught, but resisted and failed to submit to arrest. Officer B approached to assist Officer A with the
arrest. Officer A deployed pepper spray as the Complainant continued to physically resist. Officer C
approached and all three were able to overtake the Complainant and place him into custody. The
Complainant was decontaminated following the pepper spray exposure and declined further medical
treatment.
ALLEGATION 1 — Unnecessary Use of Force (all officers). -r
The Board concluded that Officers A, B, and C were not excessive in the use of force required to
apprehend the Complainant. ;
Allegation: Unnecessary Use of Force (all officers) - Not sustained ""
ALLEGATION 2 — Failure to Activate Body -Worn Cameras (1 of 3 officers).
Officers B and C both activated their body -worn cameras, but Officer A failed to activate his. The Board
concluded that Office A was negligent in adhering to this policy.
Allegation: Failure to Activate Body -Worn Cameras (1 of 3 officers) - Sustained
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — November 15, 2016
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:33 P.M.
MEMBERS PRESENT: Monique Green, Orville Townsend
MEMBERS ABSENT: Donald King, Mazahir Salih
STAFF PRESENT: Staff Kellie Fruehling and Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: None
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #16-03 (pending a name clearing hearing being held or waived)
EXECUTIVE SESSION
Motion by Green, seconded by Townsend 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, King and Salih absent. Open session adjourned at 5:34 P.M.
REGULAR SESSION
Returned to open session at 5:56 P.M.
Motion by Green, seconded by Townsend to accept CPRB Complaint #16-03 as amended and forward
report to the City Council pending a name clearing hearing being held or waived.
Motion carried, 3/0, King and Salih absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• December 15, 2016, 5:45 PM, tbd
• January 10, 2017, 5:30 PM, Helling Conference Rm
• February 14, 2017, 5:30 PM, Helling Conference Rm
• March 14, 2017, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Townsend, seconded by Green.
Motion carried, 3/0, King and Salih absent.
Meeting adjourned at 5:58 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2015-2016
(Meeting Date)
TERM
12/16
1/20
1/25
1117
4112
4126
5118
5/23
6/7
8/17
9113
10/11
11/7
11/15
NAME
EXP.
Melissa
9/1116
X
X
X
X
NM
X
X
X
X
---
---
---
---
Jensen
Joseph
9/1117
X
X
X
X
NM
X
O/E
X
X
X
X
X
X
X
Treloar
Royceann
9/1116
O
X
X
X
NM
X
X
X
O
---
---
---
---
Porter
Mazahir
9/1/17
O/E
O
X
O
NM
X
X
OlE
OlE
X
X
O
X
O
Salih
Donald
9/1/19
X
X
X
O
NM
X
X
X
X
O/E
X
O/E
O/E
O/E
King
Monique
7/1/20
---
---
---
---
---
X
X
X
X
X
Green
Oreille
7/1/20
---
---
---
---
---
---
---
X
X
X
X
X
Townsend
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Not a Member
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
November 15, 2016
�u
To: City Council t;ry
Complainant
City Manager
Equity Director
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board ,
Re: Investigation of CPRB Complaint #16-03
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #16-03 (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 Chiefs 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 June 13, 2016. 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 September 12, 2016.
Prior to the meeting on October 11th, Board members reviewed audio or video recordings of the incident. The
Board met to consider the Report on October 11, 2016 and November 7, 2016.
The Board voted on October 11, 2016 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).
FINDINGS OF FACT
The Board found that on March 18, 2016, at 3:22 a.m., officers responded to a compliant of a suicidal female at
1639 Dover Street, Iowa City, Iowa. When officers arrived they found that the female in question had in fact
threatened suicide and a knife had been taken from her person. Officers attempted for approximately 40
minutes to persuade the person threatening suicide to either go in the ambulance, or go with friends to the
hospital for evaluation and possible treatment. The suicidal female went into a house where knives were
present and was taken into custody for their safety.
ALLEGATION 1 — Unlawful Entry.
The Board found that the complaint of the Iowa City Police unlawfully entering the complainant's residence was
not sustained. Police did enter the complainant's residence without the complainant's permission, but they
were in pursuit of a person who had threatened suicide and had to be taken to the hospital.
Allegation: Unlawful Entry - Not sustained
ALLEGATION 2 — Unnecessary Use of Force.
The Board found that the Iowa City Police used force to place the suicidal person at the scene in the
ambulance so that they could be transported to the hospital. The police also used force to arrest and take into
custody those at the scene who were interfering with the police as they carried out their duties; The Board
found that no excessive or unnecessary force was used by the officers.
._._,.
Allegation: Unnecessary Use of Force - Not sustained CQ
COMMENTS
It was evident from the time the police arrived on the scene that it was their intent that the suicidal person
would receive necessary care at the hospital. It was also evident that the police intended that no one be
arrested, no charge would need to be filed and that the transportation of the patient occur as peacefully as
possible without incident.
The Board felt the officers handled a very difficult situation very professionally; however, one of the officers
made the following comment at the hospital after the patient stated that they were fine: "well you should have
been fine earlier". Also, one of the officers made the following comment to one of the arrestees: "you're a
grown ass man, look how you're acting". The Board felt that these comments were unnecessary and
inflammatory and de-escalation training may be in order to improve future situations, especially in the case of
distressed individuals.
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
November 2016
Date Description
None
December 15, 2016 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
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): 12/15/16
CPRB report due (90 days): ??/??116
TENTATIVE MEETING SCHEDULE
January 10, 2017
February 14, 2017
March 14, 2017
April 11, 2017
Kellie Fruehling
From:
City of Iowa City <CityoflowaCity@public.govdelivery.com>
Sent:
Thursday, December 01, 2016 3:42 PM
To:
Kellie Fruehling
Subject:
Applications now being accepted for 20th annual Citizen's Police Academy
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City of IOWA CITY
FOR IMMEDIATE RELEASE
Date: Dec. 1, 2016
Contact: Officer A. Hayes
Phone:319-356-5273
Applications now being accepted for 20th annual Citizen's
Police Academy
Applications to participate in the 20th annual Citizen's Police
Academy (CPA), sponsored by five area law enforcement
agencies, are now being accepted. The goal of the academy is
to share information and help promote understanding of law
enforcement, build better relationships with members of the
community, and provide an overview for people who may be
interested in law enforcement careers.
The Citizen's Police Academy will meet once a week for 14
weeks, beginning Jan. 30, 2017. A different topic will be covered
each week. Classes will be held from 6:30 to 9:30 p.m. at the
Johnson County Joint Emergency Communication Center at
4529 Melrose Avenue, Iowa City. Training will include
department tours and ride-alongs, defensive tactics, evidence collection, drug investigation, and
many other areas of law enforcement and operations.
Class size is limited, so early registration is encouraged. Applicants must be at least 16 years of
age by Jan. 27, 2017 to participate. A $25 fee is required to cover the costs of materials and
supplies.
Application forms are available online at www.icgov.org/citizenspoliceacademy or at any of the five
participating law enforcement agencies during normal business hours. Completed applications
should be mailed or dropped off to any one of the departments listed below.
For more information, visit www.icgov.org/citizenspoliceacademy or contact one of the following
officers:
Officer A. Hayes, Iowa City Police Department, 410 E. Washington St., Iowa City, IA 52240, 319-
356-5273
Officer Adam Jennings, Coralville Police Department, 1503 5th St., Coralville, IA 52241, 319-248-
1800
Sgt. Brad Fisher, Johnson County Sheriff's Office, 511 S. Capitol St., Iowa City, IA 52240, 319-
356-6020
Officer Alton Poole, University of Iowa Police Department, 200 S. Capitol St., Iowa City, IA
52242, 319-335-5043
Officer Mitch Seymour, North Liberty Police Department, 5 E. Cherry St., North Liberty, IA 52317,
319-626-5724
I � i
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