HomeMy WebLinkAbout09-12-2017 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE:
September 7, 2017
TO:
CPRB Members
FROM:
Chris Olney/ Kellie Fruehling
RE:
Board Packet for meeting on September 12, 2017
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 09/12/17
• Minutes of the meeting on 08/29/17
• 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
COMMUNITY POLICE REVIEW BOARD
Tuesday, September 12, 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 08/29/17
ITEM NO. 3 NEW BUSINESS
• Proposed Ordinance Change Discussion
• CPRB Power point use for Presentations
• Select Nominating Committee
ITEM NO. 4 OLD BUSINESS
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• October 10, 2017, 5:30 p.m., Helling Conference Rm
• November 14, 2017, 5:30 p.m., Helling Conference Rm
• December 12, 2017, 5:30 p.m., Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
Ifyou will need disability -related accommodations in order to participate in this program/event, please contact
Kellie Freehling at 319-356-5043, kellie-fruehling@iowa-city.org. Early requests are strongly encouraged to
allow sufficient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES -August 29, 2017
CALL TO ORDER: Vice Chair Orville Townsend called the meeting to order at 5:30 P.M.
MEMBERS PRESENT: Monique Green, Donald King, David Selmer, Mazahir Salih (5:32)
MEMBERS ABSENT:
STAFF PRESENT: Kellie Fruehling/Chris Olney
STAFF ABSENT: Legal Counsel Pat Ford
OTHERS PRESENT: Capt. Bill Campbell ICPD
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB #17-01
CONSENT CALENDAR
Motion by King, seconded by Green, to adopt the consent calendar as presented or amended
Minutes of the Meeting on 08/08/17
ICPD GO#99-10 (Domestic Violence)
ICPD GO#08-08 (Weapons)
ICPD GO#00-03 (Less Lethal Impact Munitions)
Motion carried, 4/0, Salih absent
NEW BUSINESS
None
OLD BUSINESS
None
PUBLIC DISCUSSION
None
BOARD INFORMATION
Green requested a possible reschedule to the Decemberl2th tentative meeting date. Staff response by
Fruehling that it could be looked at closer to the time.
STAFF INFORMATION
None
EXECUTIVE SESSION
Motion by King, seconded by Green 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
CPRB
Aug 29, 2017
Page 2
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. Salih Absent Open session adjourned at 5:32 P.M.
REGULAR SESSION
Returned to open session at 5:44 P.M.
Motion by Salih, seconded by Green to accept CPRB Complaint #17-01 as amended and forward
report to City Council.
Motion Carried 3/1/1, Selmer Abstained, King Absent.
Motion by Salih, seconded by Green to set the level of review for CPRB Complaint
#17-02 and to 8-8-7 (B),(1)(a) On the record with no additional investigation.
Motion Carried 4/0, King Absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change
*September 12, 2017, 5:30 PM, Helling Conference Rm
*October 10, 2017, 5:30 PM, Helling Conference Rm
*December 12, 2017, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Salih, seconded by Green.
Motion Carried, 4/0, King Absent.
Meeting adjourned at 5:47 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2016-2017
(Meeting Date)
TERM
8/17
9/13
10/1
11/7
1111
12/1
1/10
2/14
3114
4111
119
7/11
7/31
1/8
8/29
NAME
EXP.
1
5
5
Joseph
7/1/17
X
X
X
X
X
X
X
X
X
X
O/
--
Treloar
E
Mazahir
7/1/21
X
X
O
X
O
X
X
X
O/E
X
O/
X
X
X
X
Salih
E
Donald
7/1/19
O/E
X
O/E
O/E
O/E
O/E
O/E
O/E
X
X
X
X
X
X
X
14ng
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
Green
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
David
9/1/21
—
---
---
---
---
---
---
---
---
---
X
O/E
X
X
Selmer
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
August 29, 2017
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To: City Council
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City Manager
Equity Director
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Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #17-01
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #17-01 (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 March 30, 2017. 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 June 28, 2017.
The Board voted on July 11, 2017 to apply the following Level of Review to the Chiefs Report: Request
additional investigation by the Police Chief or City Manager, or request police assistance in the Board's
own investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(d). The Board requested additional
information from the Chief. The Chief provided the requested additional information on July 18, 2017.
The Board met to consider the Report on July 11, 2017, July 31, 2017, August 8, 2017 and August 29,
2017.
Prior to the July 11, 2017, the Board reviewed audio or video recordings of the incident.
FINDINGS OF FACT
On December 30t", 2016 while backing out of her driveway the Complainant felt she was endangered
by another driver who she felt was driving recklessly at a high rate of speed. Complainant stated she
got out of her vehicle, confronted the other driver by pounding on the vehicle window and shouting at
the driver. Complaint stated she was hit by the other driver. Complainant threw an egg carton at the
other vehicle as it drove away. She stated that she then followed the vehicle to get a license number.
She was stopped with the other vehicle by the Iowa City Police. Complaint felt that she was
immediately and repeatedly dismissed by the officer.
ALLEGATION 1 — failure to properly investigate the incident and take proper police action.
Officer A talked with both parties invol ed a d Re ereo, pll relevant information pertaining to the
incident. The Board concluded the offi`' 44c pipftion.
Allegation: failure to properly inves thedilgegt r� ,tke proper police action - Not sustained
ALLEGATION 2 — discourtesy.
After the Board members reviewed the audio/video recordings of the incident it was determined that
Officer A was discourteous while talking with the complainant. Officer A appeared to be talking down to
the Complainant and several times interrupted the complainant. Officer B's audio recording was on and
recorded the officer questioning Officer A's demeanor towards the Complaint.
Allegation: discourtesy - Sustained
The Board feels that additional departmental training is needed on communication focusing on legal
aspects of the incident, rather than engaging in personal reprimands.
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September 12, 2017 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #17-03
Filed: 07/05/17
Chief's report due (90 days): 10/03/17
Chief's report filed: ??/??/l7
CPRB meeting #1 (Review): ??/??/17
CPRB meeting #2 (Review): ??/??/l7
CPRB report due (90 days): ??/??/17
CPRB Complaint #17-04
Filed: 08/01/17
Chief's report due (90 days): 10/30/17
Chief's report filed: ??/??/17
CPRB meeting #1 (Review): ??/??/l7
CPRB meeting #2 (Review): ??/??/17
CPRB report due (90 days): ??/??/17
TENTATIVE MEETING SCHEDULE
October 10, 2017
November 14, 2017
December 12, 2017
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