HomeMy WebLinkAbout04-09-2019 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
DATE: April 4, 2019 A Board of the City of Iowa City
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Tuesday April 9, 2019
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 4/9/19
• Minutes of the meeting on 3/12/19
• Approved Ordinance 19-4783
• DRAFT - City Council Liaison, proposed amendment to Ordinance 8-8
• Office Contacts — March 2019
• Complaint Deadlines
COMMUNITY POLICE REVIEW BOARD
TUESDAY, April 9, 2019 — 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 03/12/19
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD BUSINESS
• Community Forum
• Proposed Ordinance change
• City Council Liaison proposal
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS
• April 29, 2019, 6:00 p.m. IC Library (Community Forum)
• May 14, 2019, 5:30 p.m. Helling Conference Rm
• June 11, 2019, 5:30 p.m. Helling Conference Rm
• July 9, 2019, 5:30 p.m. Helling Conference Rm
• August 13, 2019, 5:30 p.m. Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
If you will need disability -related acconuiiodations in order to participate in this program/event, please contact
Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow
suff cient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES - March 12, 2019
CALL TO ORDER: Chair King called the meeting to order at 5:35 p.m.
MEMBERS PRESENT: Monique Galpin, Latisha McDaniel, David Selmer, Orville Townsend
MEMBERS ABSENT:
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT:
OTHERS PRESENT: Iowa City Police Capt. Brotherton
RECOMMENDATIONS TO COUNCIL
None.
CONSENT CALENDAR
Motion by Townsend, seconded by Galpin, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 02/20/19
Motion carried, 510.
NEW BUSINESS
City Council Liaison proposal — The subcommittee of Townsend and McDaniel met with Legal Counsel
to prepare a draft proposal, which will be available in the next meeting packet for the Board to review
and discuss.
OLD BUSINESS
Community Forum Discussion — King stated that the Community Forum flyers were completed and
available for members to distribute, Olney added that the 1st general news release will be sent out on
March 25th.
Proposed Ordinance Change Discussion - King informed the Board that the Ordinance change was
being voted on for final passage at the March 12th Council meeting. Olney stated that when approved a
copy of the Ordinance and transcription will be included in the next CPRB packet.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
King reminded Board Members of the attendance policy and the importance of having all members
present.
STAFF INFORMATION
None
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chan-ge)
• April 9, 2019, 5:30 PM, Helling Conference Rm
• April 29, 2019, 6:00 PM, IC Library Meeting Rm A (Community Forum)
CPRB
March 12, 2019
Page 2
May 14, 2019, 5:30 PM, Helling Conference Rm
June 11, 2019, 5:30 PM, Helling Conference Rm
July 9, 2019, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Galpin, seconded by Townsend.
Motion carried, 5/0.
Meeting adjourned at 5:44 P.M.
DRAFT
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
Meeting Date
TERM
4117118
4/23/18
5/8/18
1111118
7113111
8121/L8
9/llA8
10/911R
1vl3A8
12/11118
1/8/19
2/20/19
3/12/19
NAME
EXP.
Donald
7/1/19
X
X
X
X
X
X
X
O
X
X
X
X
X
King
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Galpin
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
7/1/21
-----
------
-----
------
------
-----
-----
X
O
X
X
O
X
McDaniel
Roweann
7/1/21
X
O/E
X
O/E
-----
-----
-----
-----
------
-------
------
------
-------
Porter
David
711/21
X
X
X
X
X
O
X
O
X
O
X
O
X
Selmer
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
-- = Not a Member
1,3
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 19-4783
Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community
Police Review Board", to provide for changes in procedure and enhance
opportunities for conversation when the conclusions of the police chief and
the Board differ.
Whereas, by memorandum dated July 23, 2018 the Community Police Review Board (CPRB)
recommended that the City Council make certain changes to the CPRB ordinance;
Whereas, the City Council has determined that the ordinance should be amended to enhance
opportunities for conversation when the conclusions of the police chief and the CPRB on a
complaint made to the CPRB differ; and,
Whereas, it is in the best interests of the City and its residents to amend the ordinance
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa
SECTION I. AMENDMENTS.
Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2,
"Intent, Goals and Guiding Principles" subsection L, shall be amended by adding the
underlined text as follows:
If the police chief and the city manager find the police officer's actions constitute
misconduct and discipline is imposed by the police chief or city manager, the
internal affairs investigation may become a public record to be released by the
city attorney to the extent provided by law, in which case the city attornev
board.
Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2,
"Intent, Goals and Guiding Principles" subsection N, shall be amended by adding the
underlined text as follows:
In addition to the central registry, the board shall provide an annual report to the
city council, which report shall be public and shall set forth the general types
and numbers of complaints, how they were resolved, whether the board's
demographic information, and recommendations as to how the police
department may improve its community relations or be more responsive to
community needs.
3. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 5,
"Police Department and Police Chief Investigatory Duties; City Manager Investigatory
Duties", subsection B shall be amended by adding the following underlined text as a
new paragraph 6:
Ordinance No. 19-4783
Page 2
In the event the board's decision differs from that of the police chief, the
chief shall meet with the board in closed session to discuss the
discrepancy of opinion. If the board requests the city manager's presence
at said meeting the city manager will also attend Such meeting shall take
place prior to the issuance of the board's public report to the city council
4. Title 8, "Police Regulations', Chapter 8, "Community Police Review Board", Section 7,
"Duties of Board; Complaint Review and General Duties" shall be amended by adding
the underlined text and renumbering as follows:
A. Complaints: The board shall forward copies of all complaints received to the police
chief for investigation; or where the complaint concerns the police chief, forward a copy
of the complaint to the city manager for investigation. A copy of all complaints shall be
forwarded to the equity director.
B. Review of Police Chiefs Report or City Manager's Report:
I. The board shall review all police chiefs reports and city manager's reports
concerning complaints. The board shall decide, on a simple majority vote, the
level of review to give each police chiefs or city manager's report, and the board
may select any or all of the following levels of review:
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 city manager, 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.
2. The board shall apply a "reasonable basis" standard of review when reviewing
the police chiefs or city manager's report. This requires the board to give
deference to the police chiefs or city manager's report because of the police
chiefs and city manager's respective professional expertise. The board may
recommend that the police chief or city manager reverse or modify their findings
only if:
a. The findings are not supported by substantial evidence;
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.
3. If, in accordance with said standard, the board affirms the decision of the
police chief or city manager with respect to the allegations of misconduct but
nonetheless has concern about the officer's conduct or police practices, policies,
or procedures, it may so comment in its report to the city council. If such
comments are critical of the officer's conduct the board shall provide the officer a
name clearing hearing pursuant to subsection B4 of this section. When collecting
Ordinance No. 19-4784
Page 3
and reviewing additional evidence, the board shall rely on evidence which
reasonably prudent persons are accustomed to rely upon in the conduct of their
serious affairs.
5. At the conclusion of the board's review, the board shall issue a public report to
the city council concerning the complaint investigation. Such public report shall
include detailed findings of fact concerning the complaint, together with a clearly
articulated conclusion which explains why and the extent to which the complaint
is "sustained" or "not sustained If the complaint is "not sustained", the public
report shall not include the names of the complainant(s) or the police officer(s). If
the complaint is "sustained" the board may include the names of the
complainant(s) and/or the police officer(s) if it determines that the public interest
in such disclosure outweighs the public harm and privacy interests of the
complainant(s) and/or police officer(s). Said determination shall be made in
writing and shall state, in detail, the board's reasons for such determination. The
board shall notify the person(s) whose name(s) it intends to disclose, the city
attorney and the police chief (or city manager if the police chief is the subject of
the complaint), of its intent to make such disclosure by confidential written
communication sent by regular mail or hand delivery at least ten (10) working
days prior to such disclosure. In addition, the board's public report shall not
include any discipline or personnel matters, although the board may comment
generally as to whether the board believes discipline is appropriate without
commenting on the extent or form of the discipline. A copy of this public report to
the city council shall be given to the complainant(s), the police officer(s), the
police chief, equity director, and the city manager. The public report shall
indicate whether the board affirmed or reiected the decision set forth in the
report of the police chief and/or city manager.
6. The board shall not issue a report which is critical of the sworn police officer's
conduct until after a "name clearing hearing" has been held, consistent with
constitutional due process law. The board shall give notice of such hearing to the
police officer so that the officer may testify before the board and present
additional relevant evidence. The board shall be responsible for protection of all
state and federal rights enjoyed by the officer. The officer may waive the right to
this hearing upon written waiver submitted to the board.
7. If the board's report is not critical of the officers conduct, the board is not
required by law to offer a hearing to the officer, but the board may hold hearings
as deemed appropriate by the board.
8. The board's report to the city council shall be completed within ninety (90)
calendar days of receipt of the chiefs or city manager's report. The city council
may grant requests for extensions to this deadline upon good cause shown.
Ordinance No. 1 9_47Rg
Page 4
9. Nothing in this chapter shall in any way impede or interfere with the police
chiefs and the city manager's lawful ability to perform their personnel
supervisory duties over sworn police officers, including the ability to impose
discipline as deemed appropriate by the police chief or city manager.
10. No findings or report submitted to the board or prepared by the board shall
be used in any other proceedings.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 12 day of March 2019
Ma r
'1
Attest: C.
City Clerk
A proved by
City Attorney's Office
Ordinance No. 19-4783
Page 5
It was moved by Teague and seconded by Thomas
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT.
x
Cole
x
Mims
X Salih
x
Taylor
x
Teague
x
Thomas
x
Throgmorton
that the
First Consideration 02/05/2019
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton,
Cole. NAYS: None. ABSENT: Mims.
Second Consideration 02 / 19 / 2019
Vote for passage:
AYES: Mims, Salih, Taylor, Teague, Thomas,
Throgmorton, Cole. NAYS: None. ABSENT: None.
Date published 03 / 21 / 2019
MEMORANDUM 9MIPY
DATE: March 11, 2019
TO: City of Iowa City Council
FROM: Community Police Review Board Members
Re: proposed amendment to Ordinance 8-8, and bylaw for the Community
Police Review Board
The members of the CPRB request that the City Council consider adopting the following
proposed revisions to the CPRB ordinance and bylaws.
The following shall be added to the Ordinance as new SECTION 8-8-12:
At the beginning of each fiscal year, the City Council shall appoint one
council member to serve as a liaison to the board.
Section 3 of Article III of the Community Police Review Board Bylaws for shall be
amended to read as follows (with additions shown in bold and underline):
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, the name of the council member appointed by the City Council to
serve as the liaison to the Board, 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 deemed appropriate.
1
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
March 2019
Date Description
None.
April 9, 2019 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #19-01
Filed: 02/11/19
Chief's report due (90 days): 05/10/19
Chief's report filed: ??/??/l9
CPRB meeting #1 (Review): ??/??/l9
CPRB meeting #2 (Review): ??/??/19
CPRB meeting #3 (Review): ??/??/l9
CPRB report due (90 days): 08/09/19
TENTATIVE MEETING SCHEDULE
April 29, 2019 Community Forum
May 14, 2019
June 11, 2019
July 9, 2019
August 13, 2019