HomeMy WebLinkAbout07-11-2017 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: July 3, 2017
TO: CPRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on July 11, 2017
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 07/11/17
• Minutes of the meeting on 05/09/17
• Draft of CPRB Annual Report
• Office Contacts — May
• Office Contacts - June
• Complaint Deadlines
• Board Member Contact List
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
COMMUNITY POLICE REVIEW BOARD
Tuesday, July 11, 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 05/09/17
ITEM NO. 3 NEW BUSINESS
• DRAFT of CPRB Annual Report
ITEM NO. 4 OLD BUSINESS
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO. 7
STAFF INFORMATION
ITEM NO. 8
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. 9
MEETING SCHEDULE and FUTURE AGENDAS
• August 8, 2017, 5:30 PM, Helling Conference Rm
• September 12, 2017, 5:30 PM, Helling Conference Rm
• October 10, 2017, 5:30 PM, Helling Conference Rm
• November 14, 2017, 5:30 PM, Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
Ifyou will need disability -related accommodations in order to participate in this program/event, please contact
Kellie Fruehling at 3I9-356-5043, kellie-fruehling@iowa-city.org. Early requests are strongly encouraged to
allow sufficient time to meet your access needs.
Final/Approved
COMMUNITY POLICE REVIEW BOARD
MINUTES — July 11, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Donald King, Mazahir Salih, David Selmer
MEMBERS ABSENT: None
STAFF PRESENT: Kellie Fruehling and Legal Counsel Pat Ford
STAFF ABSENT:
OTHERS PRESENT: Chief Jody Matherly of the ICPD
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB FY17 Annual Report
Vice Chair Townsend welcomed new Board member David Selmer. Selmer gave personal and
professional background information about himself.
CONSENT CALENDAR
Motion by King, seconded by Salih, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 05/09/17
Motion carried, 5/0.
NEW BUSINESS
Draft of CPRB Annual Report — The Board reviewed the draft of the FY17 Annual report and had no
changes.
Motion by King, seconded by Salih to approve the FY17 Annual report and forward to Council.
Motion carried, 5/0.
OLD BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
Fruehling noted she had included the updated Board contact list in the packet and asked if there were
any changes and the Board had none.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — July 11, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:39.P:M.
Monique Green, Donald King, Mazahir Salih,.
None
STAFF PRESENL Kellie Fruehling
STAFF ABSENT: \\Legal Counsel Pat Ford
OTHERS PRESENT: Ctyief Jody Matherly of the ICPD
(1) Accept CPRB FY17 Annual
Vice Chair Townsend welcomed new o;
professional background information ab
CONSENT CALENDAR
Motion by King, seconded by Salih, to ad
• Minutes of the meeting on 05/09/17
Motion carried, 5/0,
NEW BUSINESS
Draft of CPRB Annual Report —
changes.
Motion by King, seconded by S;
Motion carried, 510.
OLD BUSINESS /
None_
PUBLIC DISCUSSION /
None.
David Selmer. Selmer gave personal and
consent calendar as presented or amended.
Board reviewed th� draft of the FY17 Annual report and had no
to approve the FY17 A�rival report and forward to Council.
Fruehling noted stie had included the updated Board contact list in the packet and asked if there were
any changes and the Board had none. ��
CPRB
May 9, 2017
Page 2
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
•June 13, 2017, 5:30 PM, Helling Conference Rm
•July 11, 2017, 5:30 PM, Helling Conference Rm
•August 8, 2017, 5:30 PM, Helling Conference Rm
•September 12, 2017, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Green, seconded by King.
Motion carried, 3/0, Salih and Treloar absent.
Meeting adjourned at 5:35 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date
TERM
5/18
1123
617
$117
9113
11111
11/7
11115
12/15
1/10
2/14
3/14
4/12
5/9
NAME
EXP.
Joseph
7/1/17
O/E
X
X
X
X
X
X
X
X
X
X
X
X
O/E
Treloar
Mazahir
7/1/17
X
O/E
O/E
X
X
O
X
O
X
X
X
O/E
X
O/E
Salih
Donald
7/1/19
X
X
X
O/E
X
O/E
O/E
O/E
WE
O/E
O/E
X
X
X
King
Monique
7/1/20
---
---
---
X
X
X
X
X
X
X
X
X
X
X
Green
Orville
TD20
---
---
---
X
X
X
X
X
X
X
X
X
X
X
Townsend
Melissa
9/1/16
X
X
X
--
---
---
---
---
---
---
---
---
Jensen
Royceann
9I1/16
X
X
O
--
---
---
---
---
---
---
---
---
---
---
Porter
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 2017
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY17 the Board held ten 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 2017 the Board held its ninth Community Forum as required by the City Charter. The Board
did introductions, a brief summary of Board duties and responsibilities. Treloar then introduced and
welcomed Iowa City Police Chief Jody Matherly.
Chief Matherly gave some background information about himself personally and professionally. He
also spoke about the department, other City departments, and the community working together. The
Chief feels that the CPRB is a positive thing for the community. He also reported on number of
officers, average calls for service and number of arrests per year.
The forum was then opened to the public for questions. There were five members of the public that
spoke at the forum. Topics included traffic on Clinton/Madison and proposed gun legislation, the
noise ordinance and barking dogs, mental illness, an upcoming legislative forum on mental illness and
Chief Matherly, and the types of complaints received since the start of the commission.
Board members spoke briefly about complaint forms, the Johnson County Citizens Police Academy,
and having good relationships/communications between residents and the Police Department.
CPRB Annual Report FY 2017 — Approved ??/??/2017 — 1
Board Members
In October 2016 officers were nominated with Joseph Treloar as Chair and Orville Townsend as Vice -
Chair. Orville Townsend and Monique Green were appointed in August of 2016 for four-year terms.
COMPLAINTS
Number and Type of Allegations
Three complaints (16-05, 17-01, 17-02) were filed during the fiscal year July 1, 2016 — June 30, 2017.
Three public reports were completed during this fiscal period (16-03, 16-04, 16-05). Two complaints
filed in FY17 are pending before the Board (17-01, 17-02).
Allegations
Complaint #16-03
1. Unlawful Entry— NOT SUSTAINED.
2. Unnecessary Use of Force — NOT SUSTAINED.
Complaint #16-04
1. Unnecessary Use of Force (all officers) — NOT SUSTAINED.
2. Failure to Activate Body -Worn Cameras (1 of 3 officers) — SUSTAINED.
Complaint #16-05
1. Violated Complainant's First Amendment Right to Freedom of Speech — NOT SUSTAINED.
2. Improper/Unlawful detention/arrest — NOT SUSTAINED.
3. Improperly/Unlawfully did not allow Complainant to provide verbal identification — NOT
SUSTAINED.
4. Failure to offer/administer a pre -arrest sobriety/breath test — NOT SUSTAINED.
5. Failure to inform Complainant of reason of arrest — NOT SUSTAINED.
6. Improper/Unlawful search after arrest — NOT SUSTAINED.
7. Improper handcuffing and intentionally causing pain and injury to Complainant — NOT
SUSTAINED.
8. Profanity — NOT SUSTAINED.
9. Fabricated probable cause — NOT 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 3
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
CPRB Annual Report FY 2017 — Approved ??/??/2017 — 2
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 thirteen allegations listed in the three complaints for which the Board reported, one was
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in two of the reports:
Complaint #16-03 — 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.
Complaint #16-05 — 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.
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 three complaints covered by the FY17 annual
report a total of seven 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.
CPRB Annual Report FY 2017 — Approved ??/??12017 — 3
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Age:
(3) 18-25 26-35 36-45 46-55 (2) 56-64 65+
Disability:
Physical (1) Mental (1) None
Annual Household Income:
100K 75-99K 50-75K (1) 25-49K (1) Under 25K
Gender:
(1)Female (3)Male (1)Other -Transgender
Sexual Orientation:
(1) LGBTQ (4) Heterosexual Other
Ethnic Origin:
Black/African-American Hispanic (1) American Indian/Alaska Native
Asian/Pacific Islander (4) White/Caucasian Other
Were you born in the United States:
(2) Yes No
Religion:
(1)Christian None Other
Marital Status:
(2) Married (3) Single Divorced
Separated Widowed Other
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Joseph Treloar, Chair
Royceann Porter / Orville Townsend, Vice Chair
Melissa Jensen / Monique Green
Mazahir Salih
Donald King
CPRB Annual Report FY 2017 — Approved ??/??/2017 — 4
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
May 2017
Date Description
None
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
June 2017
Date Description
None
July 11, 2017 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #17-01
Filed: 03/30/17
Chief's report due (90 days): 06/28/17
Chief's report filed: 06/28/17
CPRB meeting #1 (Review): 07/11/17
CPRB meeting #2 (Review): ??/??/l7
CPRB report due (90 days): 09/26/17
CPRB Complaint #17-02
Filed: 05/22/17
Chief's report due (90 days): 08/21/17
Chief's report filed: ??/??/17
CPRB meeting #1 (Review):
??/??/17
CPRB meeting #2 (Review):
??/??l17
---------------------------------------------------------------------------------
CPRB report due (90 days):
??/??/17
TENTATIVE MEETING SCHEDULE
August 8, 2017
September 12, 2017
October 10, 2017
November 14, 2017
Updated 07/01/17
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
Monique Green
1104 Muscatine Ave
Iowa City, IA 52240-5500
(C)319-936-5064
monig ue-q reenau iowa.ed u
Donald King
542 Foster Rd
Iowa City, IA 52245
(C) 319-594-7660
gohawkeves540vahoo.com
Mazahir Salih
2355 Jessup Circle
Iowa City, IA 52246
(H) 571-282-5188
salihmazahir(o gmail.com
Orville Townsend, Sr., Vice Chair
713 Whiting Ave
Iowa City, IA 52245-5644
(H)319-354-5995
orville.townsend(o)g. com
Term: July 1, 2016—July 1, 2020
Term: September 1, 2015—July 1, 2019
Term: July 1, 2017—July 1, 2021
Term: July 1, 2016 — July 1, 2020
David Selmer Term: July 1, 2017 — July 1, 2021
403 Boyd Ct
Iowa City, IA 52245
(0) 319-331-9956
david(ci)sustainablelandscapesolutions.org
Patrick Ford, Legal Counsel
Leff Law Firm, L.L.P.
222 South Linn Street
Iowa City, IA 52240-1601
(0)319-338-7551
fordalefflaw.com