HomeMy WebLinkAbout02-14-2017 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
February 8, 2017
TO:
CPRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on February 14, 2017
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 02/14/17
• Minutes of the meeting on 01/10/17
• By -Laws, Article III, Section 4. Absences
• Draft Community Forum Items
• Office Contacts — January
• 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.orq
COMMUNITY POLICE REVIEW BOARD
Tuesday, February 14, 2017 — 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 01/10/17
ITEM NO. 3 NEW BUSINESS
• By -Laws, Article III, Section 4. Absences
ITEM NO. 4 OLD BUSINESS
• Community Forum Discussion
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• 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
• May 9, 2017, 5:30 PM, Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — January 10, 2017
CALL TO ORDER: Chair Joseph Treloar called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Mazahir Salih (5:36 P.M.), Orville Townsend
MEMBERS ABSENT: Donald King
STAFF PRESENT: Kellie Fruehling, Staff and Patrick Ford, Legal Counsel
STAFF ABSENT: None
OTHERS PRESENT: Interim Chief of Police Bill Campbell of the ICPD
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB Report on Complaint #16-05
CONSENT CALENDAR
Motion by Green, seconded by Townsend, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 12/15/16
• Email from Harry Olmstead: Justice Dept Releases Report on Civil Rights Division's Pattern and
Practice Police Reform Work
Motion carried, 4/0, King absent.
NEW BUSINESS
Community Forum Discussion — Fruehling reminded the Board of the annual community forum. In
previous years it has been held in April and there's been a discussion topic to start the meeting.
Fruehling asked them to think of topics and dates for the next meeting for discussion. She also
reminded them that the new Police Chief will be starting on January 23`d and that it might be a good
time to discuss with him having someone from the department be involved in the forums. At past
forums community members had questions that were more police related policies/procedures and the
board was not able to respond.
PUBLIC DISCUSSION
Campbell stated he thought Chief Matherly would attend the next CPRB meeting as long as his
schedule allowed him to do so. At that time, if the Board has questions regarding the Community
Forum they could ask him.
BOARD INFORMATION
Treloar stated he talked to King regarding his absences. King recently started new employment with a
six month probationary period where the hours conflict with the Board meetings. Treloar stated King
had asked if the Board would be able to meet over the noon hour or on a Saturday until his
probationary period was over. The majority of the Board said it would be difficult to meet during
business hours and felt that the weekends were for family and also very busy. They also felt that it was
important to have a full Board when meeting. Treloar informed the Board that King does not want to
resign as it was difficult to get appointed since he had previously served on the Board. Ford informed
the Board that since the absences have been excused up to this point; it is not an option to recommend
removal of King to the City Council. Fruehling asked if the Board wanted to look at the by-laws section
dealing with absences and put on the next agenda. The Board agreed that was something they wanted
to discuss.
CPRB
January 10, 2017
Page 2
Salih invited the Board to the Unity potluck, which is being held at the Robert A. Lee Recreation Center
on Saturday, January 14th at 6:00pm.
STAFF INFORMATION
None.
EXECUTIVE SESSION
Motion by Townsend, seconded by Salih 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 5:44 P.M.
REGULAR SESSION
Returned to open session at 6:30 P.M.
Motion by Salih, seconded by Green to accept CPRB Complaint #16-05 as amended and forward
report to the City Council.
Motion carried, 4/0, King absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chance)
•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
•May 9, 2017, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Salih, seconded by Green.
Motion carried, 410, King absent.
Meeting adjourned at 6:33 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date)
TERM
1/25
2/17
4/12
4121
5/18
5/23
617
8/77
9113
10/11
11/7
11/15
12/15
1/10
NAME
EXP.
Joseph
911/17
X
X
NM
X
O/F,
X
X
X
X
X
X
X
X
X
Treloar
Mazahir
9/1117
X
O
NM
X
X
O/E
O/E
X
X
O
X
O
X
X
Salih
Donald
9/1/19
X
O
NM
X
X
X
X
O/E
X
O/E
O/E
O/E
O/E
O/E
King
Monique
7/l/20
---
---
---
---
---
X
X
X
X
X
X
X
Green
Orville
7/1/20
---
---
---
---
---
---
---
X
X
X
X
X
X
X
Townsend
Melissa
9/1/16
X
X
NM
X
X
X
X
---
---
---
---
---
---
---
Jensen
Royceann
9/1/I6
X
X
NM
X
X
X
O
---
---
---
---
Porter
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
January 10, 2017
To: City Council
Complainant
City Manager
Equity Director � � 7
Chief of Police -
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #16-05
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #16-05 (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 September 15, 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 December 14, 2016.
The Board voted on December 15, 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).
The Board met to consider the Report on December 15, 2016 and January 10, 201 T
On December 15, 2016, the Board reviewed audio/video recordings of the incident.
FINDINGS OF FACT
On September 3, 2016 Officer A while driving in his marked patrol vehicle paused for a group of three
males who were waiting to cross the street. The Complainant's behavior got Officer A's attention.
Based on the Complainant's behavior, Officer A thought he might be intoxicated and stopped to talk to
him and investigate further. The Complainant was noncompliant and argumentative with Officer A and
he placed the Complainant under arrest for Public Intoxication. A search discovered that the
Complainant had a fictitious drivers license. The Complainant was transported to the jail and charged
with Public Intoxication and Possession of a fictitious Drivers License.
ALLEGATION 1 — Violated Complainant's First Amendment Right to Freedom of Speech.
The observation and factors leading to the Complainant's arrest were poor judgment, slurred speech,
strong smell of alcohol, and bloodshot watery eyes. The Complainant was arrested for those reasons
and not because of the content of his speech, opinions or beliefs.
Allegation: Violated Complainant's First Amendment Right to Freedom of Speech - Not sustained
ALLEGATION 2 — Improper/Unlawful detention/arrest.
Officer A's observations and findings and the Complainant's behavior were suffid&pt,to {dace the'
Complainant under arrest ; Allegation: Improper/Unlawful detention/arrest - Not sustained
ALLEGATION 3 — Improperly/Unlawfully did not allow Complainant to provide verbal
identification.
Officer A requested the Complainant's driver's license at least three times. The Complainant did not
produce his driver's license, or any form of identification. It should be mentioned that the Complainant
was noncompliant and verbally challenged the officer. The Officer's attempts to communicate with the
Complainant were unsuccessful because he refused to cooperate. Iowa law does not require an officer
to identify a subject prior to arrest. Furthermore, Iowa law does not require an officer to accept a
subject's verbal assertion of identification.
Allegation: Improperly/Unlawfully did not allow Complainant to provide verbal identification - Not
sustained
ALLEGATION 4 — Failure to offer/administer a pre -arrest sobriety/breath test.
Officer A arrested the Complainant based on his observations and the strong smell of alcohol. An
officer is not required to offer a pre -arrest breath test. The complainant refused the offer for the post -
arrest breath test.
Allegation: Failure to offer/administer a pre -arrest sobriety/breath test - Not sustained
ALLEGATION 5 — Failure to inform Complainant of reason of arrest.
Officer A informed the Complainant that he was under arrest for Public Intoxication. The conversation
is captured on the officers' body cameras.
Allegation: Failure to inform Complainant of reason of arrest - Not sustained
ALLEGATION 6 — Improper/Unlawful search after arrest.
Complainant stated that the police did not have the right to look through his wallet following his arrest.
The Iowa City Police Department General Order 99-03, Prisoner Transport requires: "Prior to transport,
all prisoners shall be thoroughly searched for any weapons or contraband". Also, a search following a
lawful arrest is lawful in Iowa.
Z2
Allegation: Improper/Unlawful search after arrest - Not sustained
ALLEGATION 7 — Improper handcuffing and intentionally causing paand ingury to -
Complainant. 9
Officer A's body camera indicated that there was not a lack of attention to the Complainant's
statements. The body camera revealed that the officer did adjust the handcuffs. He also explained
how the handcuffs worked so the Complainant could position his hands correctly to avoid discomfort.
Allegation: Improper handcuffing and intentionally causing pain and injury to Complainant - Not
sustained
ALLEGATION 8 — Profanity.
In review of the audio/video it was clear that Officer A did not use profanity when addressing the
Complainant.
Allegation: Profanity - Not sustained
ALLEGATION 9 — Fabricated probable cause.
Officer A's body camera documents that the Complainant was intoxicated, refused to cooperate, was
noncompliant and verbally challenged the officer. This is ample evidence to support probable cause.
Allegation: Fabricated probable cause - Not sustained
COMMENTS
Officer A did an excellent job of handling the situation. It should also be mentioned that he was not only
dealing with the complainant but he also did an excellent job of encouraging his friends to keep a safe
distance.
The Board was concerned that there was no audio with one of the videos. The Board wants to ensure
that the department's equipment is both operating the way its intended to, and is operated by the
officers the way it is intended to.
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.
Board members - hand out flyers (directly to people) pick different neighborhoods
(Emailed to Board ??/??/l7)
Publicizing Forum - ??/??/17
• Email to cable to run on City Channel -Sent to (Cable) ??/??/17
• Email Notice to (Neighborhood Outreach) for email contacts for lists-??/??/17
• Post Notice in City Building- City Hall ??/?9/17
• Email to staff of Brds/Comm (City Clerk) - ??/??/17
• Email Dept Heads/Division Secretaries to post (City Clerk) - ??/??/17
• Email Notice to U1SG (City Clerk) - ??/??/17
• Hardcopy Notice in all City Buses (30) -To TR . /17 at staff
• 1"General News Release re: Forum -??/?, `-�
• Copy of I" release/Notice in Council pa ??/??/17 (fo ?? meeting)
• Highlights/FB/Twitter(Communicatio ink to 1st Genera s Release-
??/??/17
• Notice in Council packet -
• 2"a General News Release re: Fo 7 (no me for questions on this)
• Copy of 2"d releas in Comicil pa —?? .. or ?, . ? meeting)
• Highlights/FB/Tultter(Conwtumcatigns�- Link 10 2nd.News Release- ??/??/17
• Post Agenda & Agenda News Release-??/?Wl7
and re -broadcast Forum o4*he City Channel for couple of months
of Forum
- Name plates of Board rnembers/Staff for forum
Neighborhood Centers of Johnson County
P.O. Box 2491
Iowa City, IA 52244
• Email Notices to Neighborhood Ctrs (Broadway/Pheasant Ridge) -Done ??/??/17
neicaa,ncic.org (354-2886)
Shelter House
429 Southgate Ave
Iowa City, IA 52240
• Email Notices to Shelter House (sent to?????) - Done ??/??/17
?????????Calshelterhouseiowa.ora (351-0326)
The Housing Fellowship
322 E 2"d 5t
Iowa City, IA 52240
• Email Notices to Housing Fellowship —Done ??/??/17
Inewmireftousingfellowshio.com (358-9212)
The Salvation Army
Iowa City Corps
1116 Gilbert Ct
Iowa City, IA 52240
• Email Notices to The Salvation Army— Done
pam boatenaCla use salvationarmy ora (337-3
1105 FACILITY
Crisis Center of JC
1121 Gilbert Ct
Iowa City, IA 52240
• Email Notices to CrisisUpter—
admin@iccrisiscs:nter.org (4,5 i
Free Lunch Program
PO Box 20.3 i
Iowa City, IA 52Z
• EmailNptices to Frel
icfreeluncfi �gmail,.com
Domestic Violee9
PO Box 3170
Iowa City, IA
—Done ??/??/17
• Email Notices to Domestic Violence Program —Done ??/??/17
kristie(&dviWowa.org (356-9863) Kristie Dozer, Exec Director
No bulletin board, but will post info on website
National Alliance on Mental Illness (NAMI)
PO Box 3087
Iowa City, IA 52244
Email Notices to NAMI —Done ??/??/17
mary.issahC&namijc.org (337-5400)
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AGENDA
COMMUNITY POLICE REVIEW BOARD
ANNUAL COMMUNITY FORUM
APRIL ???, 2017, 6:00 PM
IOWA CITY PUBLIC LIBRARY.; RM A
123 South Linn,Street, IC°��.
ITEM NO. 1 CALL TO ORDER & ROLL CALL
ITEM NO. 2 INTRODUCTION OF BOARD & BRIEF OVERVIEW
ITEM NO. 3 CONSIDER MOTION'TO ACCEPT CORRESPONDENCE AND/OR
DO I PMENTS �-
ITEM NO. 4 1 PUBLIC DISCUSSION WJTH.COMMUNITY POLICE REVIEW
e RD
ITE
r
The Community Police Review Board will be holding a Community
Forum for the purpose of hearing views on the policies, practices
and procedures of the Iowa City Police Department.
QUESTIONS 41K COMMENTS:
Send your questions or comments you'd like addressed at the
forum to the following by Tuesday, April ??, 2017:
Please include lull namne and address. (All correspondence is public)
CPRB Or e-mail to CPRB staff:
City of Iowa City kellie-tui:tle@iowa-city.org
410 E Washington St
UATT:
TrwF
0b:00 PM
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
January 2017
Date Description
None
February 14, 2017 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
TENTATIVE MEETING SCHEDULE
March 14, 2017
April 11, 2017
May 9, 2017
June 13, 2017