HomeMy WebLinkAbout07-23-2018 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: July 18, 2018
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Monday, July 23, 2018
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 07/23/18
• Minutes of the meeting on 06/12/18
• DRAFT- Fiscal Year 2018 CPRB Annual Report
• Office Contacts — June
• Complaint Deadlines
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nationwide. For more
information see: www.NACOLE.org
COMMUNITY POLICE REVIEW BOARD
Monday, July 23, 2018 — 5:30 p.m.
HELLING CONFERENCE RM
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 06/12/18
ITEM NO. 3 NEW BUSINESS
DRAFT- Fiscal Year 2018 CPRB Annual Report
ITEM NO. 4
OLD BUSINESS
• Proposed Ordinance Change Discussion
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
TENATIVE MEETING SCHEDULE and FUTURE AGENDAS
• August 14, 2018, 5:30 p.m. Helling Conference Rm
• September 11, 2018, 5:30 p.m. Helling Conference Rm
• October 9, 2018, 5:30 p.m. Helling Conference Rm
• November 13, 2018, 5:30 p.m. Helling Conference Rm
ITEM NO. 10
ADJOURNMENT
Ifyou will need disability -related accommodations in order to participate in this program/event, please contact
Chris Olney at 319-356-5043, chrisiiiie-oney@iowa-city.org. Early requests are strongly encouraged to allow
sufficient time to meet your access needs.
D raft
COMMUNITY POLICE REVIEW BOARD
MINUTES —June 12, 2018
CALL TO ORDER: Chair Townsend called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Monique Green, Don King, David Selmer (5:42 p.m.)
MEMBERS ABSENT: Royceann Porter
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Iowa City Police Capt. Kelsey
RECOMMENDATIONS TO COUNCIL
None.
CONSENT CALENDAR
Motion by Green, seconded by King, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 05/08/18
• ICPD General Orders 001-01 (Search and Seizure)
Motion carried, 3/0, Porter and Selmer absent.
NEW BUSINESS
None.
OLD BUSINESS
Proposed Ordinance Change Discussion - The Board reviewed the amended memo prepared by Legal
Counsel which included additional language requested by the Board. Legal Counsel then recapped the
proposed ordinance change to 8-8.
After discussing the amended memo, it was recommended and agreed upon to defer finalizing the
proposal until the next meeting when all Board members are present.
Community Forum Discussion —The Board reviewed the Community draft summary letter. It was
moved by King, seconded by Green to forward the draft summary to Council with no changes.
Motion carried, 3/0, Porter and Semler absent.
PUBLIC DISCUSSION
Caroline Dieterle stated that Legal Counsel had answered her question during his recap as to what the
proposed ordinance change entailed. She thought it was a good idea and asked if the final ordinance
change proposal memo would be available to view in the Council packet, Olney stated after the final
memo had been forwarded on to Council, it would then be included in the next Council agenda packet.
BOARD INFORMATION
Townsend noted that Porter would be resigning from the Board. Olney will send a request to Porter for
a written letter of resignation advising the effective date.
April 17, 2018
Page 2
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
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. Porter absent. Open session adjourned at 5:43 P.M.
REGULAR SESSION
Returned to open session at 5:54 P.M.
Motion by Green, seconded by King to set the level of review for CPRB Complaint
#18-01 to 8-8-7 (13)(1)(a) On the record with no additional investigation.
Motion Carried 410, Porter absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• July 10, 2018, 5:30 PM, Helling Conference Rm - (Rescheduled to 7/23/18)
• July 23, 2018, 5:30 PM, Helling Conference Rm
• August 14, 2018, 5:30 PM, Helling Conference Rm
• September 11, 2018, 5:30 PM, Helling Conference Rm
• October 13, 2018, 5:30 PM, Helling Conference Rm.
ADJOURNMENT
Motion for adjournment by Green, seconded by Semler.
Motion carried, 4/0, Porter absent.
Meeting adjourned at 5:56 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2017-2018
(Meetin¢ Date)
TERM
8/8
8/29
9n2
18/18
11/14
12i7
119/18
2/13/18
3/19/18
4/17/18
4/23n8
5/8/18
6/12/18
NAME
EXP.
Maznhir
7/1/21
X
X
X
X
X
O/E
---
---
----
____
______
_____
_______
Salih
Donald
7/l/19
X
X
X
X
X
X
O
X
X
X
X
X
X
Ring
Monique
7/l/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Green
Twine
711/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Royceann
7/1/21
----
----
---
----
----
----
----
X
O/E
X
O E
X
O/E
Porter
David
7/1/21
X
X
O
X
O/E
X
X
X
X
X
X
X
X
Selmer
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 2018
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY18 the Board held fourteen 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 2018 the Board held its tenth Community Forum as required by the City Charter. Board
members were introduced and a summary given of the boards duties. Chair Townsend then
introduced Police Chief Matherly.
Chief Matherly presented an overview of the police department and spoke on the steps being taken
for police and community unity. Officer Colin Fowler gave a summary of the Downtown Liaison
Officer's responsibilities.
The forum was then opened to the public for questions. There were four members of the public that
spoke at the forum. Topics included the need for enforcement of vehicles blocking handicap sidewalk
ramps, opioids and fentanyl crisis in the US, role of the downtown night Mayor.
Board members spoke briefly about the complaint process and available informational pamphlets.
Board Members
In October 2017 officers were nominated with Orville Townsend as Chair and Don King as Vice -Chair.
Royceann Porter was appointed in January 2018 to fill the unexpired term of Mazahir Salih.
CPRB Annual Report FY 2018 — 1
COMPLAINTS
Number and Type of Allegations
Three complaints (17-03, 17-04, 18-01) were filed during the fiscal year July 1, 2017 — June 30, 2018
Three public reports were completed during this fiscal period (17-01, 17-03, 17-04). One complaint
was withdrawn by Complainant (17-02). One complaint filed in FY18 is pending before the Board (18-
01).
Allegations
Complaint #17-01
1. Failure to properly investigate the incident and take proper police action — NOT SUSTAINED.
2. Discourtesy— SUSTAINED.
Complaint #17-03
1. Discrimination — NOT SUSTAINED.
Complaint #17-04
1. Discrimination —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
Level b
Interview or meet with complainant
Level c
Interview or meet with named officer
Level d
Request additional investigation by Chief or
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation
Level f
Hire independent investigators
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 four 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 #17-01 — 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. The Board felt
that additional departmental training is needed on communication focusing on legal aspects of the
incident, rather than engaging in personal reprimands.
Complaint #17-03 — While the Board did not sustain the allegation of discrimination, they did
question the information the Officer volunteered to the witnesses regarding the Complainant's prior
behavior with another landlord. If that information is confidential it should not be disclosed.
Name -Clearing Hearings
CPRB Annual Report FY 2018 — 2
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 FY18 annual
report a total of three 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 three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Age:
18-25 26-35 36-45 46-55 (1)56-64 65+
Disability:
(1) Physical Mental None
Annual Household Income:
100K 75-99K 50-75K 25-49K (1) Under 25K
Gender:
Female (1)Male Other
Sexual Orientation:
LGBTQ Heterosexual (1) Other
Ethnic Origin:
(1) Black/African-American Hispanic (1) American Indian/Alaska Native
Asian/Pacific Islander White/Caucasian Other
Were you born in the United States:
(1)Yes No
Religion:
(1) Muslim None Other
Marital Status:
Married (1) Single Divorced Separated Widowed Other
Information is reported as presented by the person completing the form.
BOARD MEMBERS
Orville Townsend, Chair
Don King, Vice Chair
Royceann Porter / Mazahir Salih
Monique Green
David Semler
CPRB Annual Report FY 2018 — 3
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
June 2018
Date Description
None.
July 23, 2018 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #18-01
Filed: 03/06/18
Chief's report due (90 days): 06/04/18
Chief's report filed: 05/11/18
CPRB meeting #1 (Review):
06/12/18
CPRB meeting #2 (Review):
07/23/18
CPRB meeting #3 (Review):
??/??/18
CPRB report due (90 days): 09/09/18
TENTATIVE MEETING SCHEDULE
August 14, 2018
September 11, 2018
October 9, 2018
November 13, 2018